`IPR2014-00578
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________
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`THE GILLETTE COMPANY, FUJITSU SEMICONDUCTOR LIMITED, and
`FUJITSU SEMICONDUCTOR AMERICA, INC.
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`Petitioners
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`v.
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`ZOND, LLC
`Patent Owner
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`_____________________
`Case No. IPR2014-005781
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`Patent 6,896,775 B2
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`_____________________
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` PATENT OWNER’S OBSERVATION ON CROSS-EXAMINATION
`OF PETITIONERS’ REPLY WITNESS
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`1 Case IPR 2014-01494 has been joined with the instant proceeding.
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`Patent Owner, Zond, LLC, hereby submits its observations on the cross-
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`Patent No. 6,896,775
`IPR2014-00578
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`examination of Dr. John C. Bravman, whose Declaration (Ex. 1031) was submitted
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`by Petitioners with the Reply to Patent Owner’s Opposition, filed March 27, 2015,
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`(Paper No. 48) and whose cross-examination was conducted by deposition on
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`April 3, 2015. Exhibit 2012 is a transcript of that deposition, and is used as the
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`basis for the present observations. The PTAB should consider Patent Owner’s
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`Observations on Cross-Examination because the deposition testimony of
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`Petitioners’ Reply witness contradicts or is inconsistent with Petitioners’
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`arguments concerning the teachings of the cited references in this proceeding.
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`1. Dr. Bravman Confirmed That Wang Fails to Teach a Strongly-
`Ionized Plasma In an Area Adjacent to the Surface of the Substrate.
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`During his deposition, Dr. Bravman confirmed that, “within the
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`chamber, the plasma will go from areas of high density to low density,” with
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`“the end goal [being] to have the high densities near the cathode target.”2 This
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`testimony is relevant because it is inconsistent with the Petitioner’s contention
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`that Wang teaches “selecting at least one of a pulse amplitude and a pulse width
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`of the electrical pulse in order to cause the strongly-ionized plasma to be
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`2 Ex. 2012 at 45:4-12.
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`2
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`substantially uniform in an area adjacent to the surface of the substrate,” as
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`Patent No. 6,896,775
`IPR2014-00578
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`required by claim 21.3 Claim 21 requires that strongly-ionized plasma be adjacent
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`to the surface of the substrate. However, Dr. Bravman’s testimony reveals that in
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`Wang, the strongly-ionized plasma remains near the cathode target.
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`2. Dr. Bravman Admitted that Kudravetsev’s Model Does Not Permit a
`Solution for Volume Between the Anode and the Cathode.
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`During his deposition, Dr. Bravman conceded that the model described
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`by Kudryavetsev is “a scale-independent parametric model,” in which none of
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`the parameters are specified in terms of the volume between an anode and a
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`cathode.4 This testimony is relevant because it is inconsistent with the
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`Petitioner’s contention that the combined teachings of Wang, Mozgrin and
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`Kudryavetsev somehow suggest choosing a volume between an anode and a
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`cathode to increase an ionization rate of excited atoms and molecules in a
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`weakly-ionized plasma, as required by claim 9.5 As explained by Dr. Bravman,
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`Kudryavetsev describes a theoretical framework and, as such, “it doesn’t tell you
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`3 Petitioners’ Reply at 11.
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`4 Ex. 2012 at 48:14-23.
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`5 Corrected Petition at 51.
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`3
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`to put the anode in one place and the cathode in another. Equations don’t do that.
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`Patent No. 6,896,775
`IPR2014-00578
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`They help you model what happens when you create a certain geometry and create
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`a set of experimental conditions.”6 Thus, the combination of references cited by
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`Petitioners cannot suggest choosing a particular volume, as recited in claim 9,
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`inasmuch as the model of Kudravetsev does not permit any solution for same.
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`Respectfully submitted,
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`
`
`/Tarek N. Fahmi/
`
`
`Tarek N. Fahmi, Reg. No. 41,402
`Ascenda Law Group, PC
`333 W. San Carlos St., Suite 200
`San Jose, CA 95110
`1 866 877 4883
`tarek.fahmi@ascendalaw.com
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`Counsel for Patent Owner Zond, LLC
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`Date: April 10, 2015
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`6 Ex. 2012 at 53:2-9.
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`4
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`PATENT OWNER’S UPDATED EXHIBIT LIST
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`Patent No. 6,896,775
`IPR2014-00578
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`Exhibit
`No.
`Ex. 2001 Affidavit of Etai Lahav in Support of Patent Owner’s Motion for Pro
`Hac Vice Admission
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`Description
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`Ex. 2002 Affidavit of Maria Granovsky in Support of Patent Owner’s Motion
`for Pro Hac Vice Admission
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`Ex. 2003 Affidavit of Tigran Vardanian in Support of Patent Owner’s Motion
`for Pro Hac Vice Admission
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`Ex. 2004 Transcript of Deposition of Richard DeVito, IPR2014-00578 &
`IPR2014-00604, Dec. 11, 2014.
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`Ex. 2005 Transcript of Deposition of Richard DeVito, IPR2014-00578 &
`IPR2014-00604, Dec. 17, 2014.
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`Ex. 2006 Declaration of Larry D. Hartsough, Ph.D.
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`Ex. 2007 Eronini Umez-Eronini, SYSTEM DYNAMICS AND CONTROL,
`Brooks/Cole Publishing Co. (1999), pp. 10-13.
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`Ex. 2008 Robert C. Weyrick, FUNDAMENTALS OF AUTOMATIC CONTROL,
`McGraw-Hill Book Company (1975), pp. 10-13.
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`Ex. 2009 Chiang et al., U.S. Patent 6,398,929.
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`Ex. 2010 Stipulations of Dismissal
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`Ex. 2011 Zond-TSMC Settlement Agreement (Board Only)
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`Ex. 2012 Transcript of Deposition of John C. Bravman, Ph.D.
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`CERTIFICATE OF SERVICE
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`Patent No. 6,896,775
`IPR2014-00578
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`The undersigned hereby certifies that a copy of the foregoing:
`PATENT OWNER’S OBSERVATION ON CROSS-EXAMINATION OF
`PETITIONERS’ REPLY WITNESS
`was served on April 10, 2015, by filing this document though the Patent Review
`Processing System as well as delivering a copy via EMAIL directed to the attorneys of
`record for the Petitioner at the following address:
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`For Petitioner:
`FUJITSU SEMICONDUCTOR
`LIMITED AND FUJITSU
`SEMICONDUCTOR AMERICA,
`INC.
`David L. McCombs, Reg. No. 32,271
`David M. O’Dell, Reg. No. 42,044
`Haynes and Boone, LLP
`2323 Victory Avenue, Suite 700
`Dallas, TX 75219
`Tel: (214) 651-5533
`Email:
`David.McCombs@haynesboone.com;
`david.odell@haynesboone.com
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`For Petitioner:
`THE GILETTE COMPANY
`David L. Cavanaugh, Reg. No. 36,476
`Larissa Park, Reg. No. 59,051
`Wilmer Cutler Pickering Hale and
`Dorr LLP
`60 State Street
`Boston, MA 02109
`Tel: (617) 526-5000
`Email:
`David.Cavanaugh@wilmerhale.com;
`Larissa.Park@wilmerhale.com
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`The parties have agreed to electronic service in this matter.
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`Date: April 10, 2015
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`Respectfully submitted,
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`by:
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` /Tarek N. Fahmi/
`Tarek N. Fahmi, Reg. No. 41,402
`
`
`
`Ascenda Law Group, PC
`333 W. San Carlos St., Suite 200
`San Jose, CA 95110
`1 866 877 4883
`
`
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`6