UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`THE GILLETTE COMPANY, FUJITSU SEMICONDUCTOR LIMITED,
`FUJITSU SEMICONDUCTOR AMERICA, INC., ADVANCED MICRO
`DEVICES, INC., RENESAS ELECTRONICS CORPORATION, RENESAS
`ELECTRONICS AMERICA, INC., GLOBALFOUNDRIES U.S., INC.,
`GLOBALFOUNDRIES DRESDEN MODULE ONE LLC & CO. KG,
`GLOBALFOUNDRIES DRESDEN MODULE TWO LLC & CO. KG, TOSHIBA
`AMERICA ELECTRONIC COMPONENTS, INC., TOSHIBA AMERICA INC.,
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC., and TOSHIBA
`CORPORATION
`
`Petitioners,
`
`
`
`v.
`
`Zond, LLC.
`Patent Owner of U.S. Patent No. 7,808,184
`Trial No. IPR2014-008031
`
`
`
`PETITIONER’S DEMONSTRATIVE EXHIBITS FOR ORAL ARGUMENT
`
`
`1 Cases IPR2014-00858, IPR2014-00996 and IPR2014-01061 have been joined
`with the instant proceeding.
`
`
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`THE GILLETTE COMPANY, FUJITSU SEMICONDUCTOR LIMITED,
`FUJITSU SEMICONDUCTOR AMERICA, INC., ADVANCED MICRO
`DEVICES, INC., RENESAS ELECTRONICS CORPORATION, RENESAS
`ELECTRONICS AMERICA, INC., GLOBALFOUNDRIES U.S., INC.,
`GLOBALFOUNDRIES DRESDEN MODULE ONE LLC & CO. KG,
`GLOBALFOUNDRIES DRESDEN MODULE TWO LLC & CO. KG, TOSHIBA
`AMERICA ELECTRONIC COMPONENTS, INC., TOSHIBA AMERICA INC.,
`TOSHIBA AMERICA INFORMATION SYSTEMS, INC., and TOSHIBA
`CORPORATION
`
`Petitioners,
`
`
`
`v.
`
`Zond, LLC.
`Patent Owner of U.S. Patent No. 7,808,184
`Trial No. IPR2014-008031
`
`
`
`PETITIONER’S DEMONSTRATIVE EXHIBITS FOR ORAL ARGUMENT
`
`
`1 Cases IPR2014-00858, IPR2014-00996 and IPR2014-01061 have been joined
`with the instant proceeding.
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`’155 Patent:
`The Gillette Company
`
`v. Zond, LLC
`
`IPR2014-477 and IPR2014-479
`
`’184 Patent:
`The Gillette Company, Fujitsu Semiconductor Limited, and Fujitsu Semiconductor America, Inc., Advanced
`Micro Devices, Inc., Renesas Electronics Corporation, Renesas Electronics America, Inc., Globalfoundries
`U.S., Inc., Globalfoundries Dresden Module One LLC & Co. KG, Globalfoundries Dresden Module Two
`LLC & Co. KG, Toshiba America Electronic Components, Inc., Toshiba America Inc.,
`Toshiba America Information Systems, Inc., and Toshiba Corporation
`
`v. Zond, LLC.
`
`IPR2014-7991 and IPR2014-8032
`
`1 Cases IPR2014-855, IPR2014-995, and IPR2014-1042 are joined with the 799
`2 Cases IPR2014-858, IPR2014-996, and IPR2014-1061 are joined with the 803
`
`May 28, 2015
`
`1
`
`
`
`Overview
`
`• Overview of ’184 and ’155 Patents
`
`• Grounds Instituted
`
`• Overview of Prior Art
`
`• Summary of Disputes with Respect to Independent Claims
`
`‒ Claim Constructions
`
`‒ Response to Patent Owner’s Arguments
`
`• Summary of Disputes and Responses Related to Dependent Claims
`
`2
`
`
`
`The ’184 and ’155 Patents
`
`US Patent 7,808,184
`
`US Patent 8,125,155
`
`3
`
`
`
`The ’184 and ’155 Patents
`
`Anode (124)
`
`Cathode Assembly (116)
`
`Pulsed Power Supply (102)
`
`Magnets (130)
`
`Plasma (134)
`
`Feed Gas Source (110)
`
`Substrate (138)
`
`Bias Power Supply (142)
`
`’155 Patent, Fig. 1; see also id., Fig. 9
`
`4
`
`
`
`Representative Claims
`
`’184 Patent
`
`’155 Patent
`
`‘184 Patent, Claim 1
`
`’155 Patent, Claim 1
`
`5
`
`
`
`Grounds Instituted
`
`’155 Patent
`
`Ground
`
`Claims
`
`Prior Art
`
`477 Petition
`
`1
`
`2
`
`479 Petition
`
`1
`
`’184 Patent
`
`1-15, 7-16
`
`Wang + Kudryavtsev
`
`6
`
`Wang + Kudryavtsev + Yoon
`
`17-19
`
`Wang + Kudryavtsev + Admitted Prior Art
`
`Ground
`
`Claims
`
`Prior Art
`
`799 Petition (IPR2014-855, IPR2014-995, and IPR2014-1042 are joined with the 799)
`
`5
`
`1-15, 11-15
`
`Wang + Kudryavtsev
`
`803 Petition (IPR2014-858, IPR2014-996, and IPR2014-1061 are joined with the 803)
`
`3
`
`4
`
`6-7, 9-10, 16-17, 19-20
`
`Wang + Kudryavtsev
`
`8, 18
`
`Wang + Kudryavtsev + Mozgrin
`
`6
`
`
`
`Asserted Prior Art: Wang
`
`Anode (24)
`
`Cathode Assembly (14)
`
`Pulsed Power Supply (80)
`
`High-Density Plasma (42)
`
`Feed Gas Source (32)
`
`Magnet Assembly
`
`Substrate (20)
`
`Bias Power Supply (44)
`
`Wang, Fig. 1, Ex. 1002; All citations are to IPR2014-477 unless otherwise noted.
`
`7
`
`
`
`’155 Patent and Wang Prior Art
`
`Anode
`
`Cathode Assembly
`
`Pulsed Power Supply
`
`Magnets
`
`Plasma
`
`Feed Gas Source
`
`’155 Patent, Fig. 1
`
`Substrate
`
`Bias Power Supply
`
`Wang, Fig. 1, Ex. 1002
`
`8
`
`
`
`Asserted Prior Art: Kudryavtsev
`
`Kudryavtsev at 30, Ex. 1008
`
`9
`
`
`
`Disputes with Respect to Independent Claims
`
`• All independent claims:
`
`‒ Whether Wang alone or in combination with Kudryavtsev discloses
`controlling voltage amplitude and/or rise time to cause a rapid increase
`in electron density.
`
`‒ Whether Wang discloses “without forming an arc.”
`
`‒ Whether a person of ordinary skill would have combined Wang with the
`teachings of Kudryavtsev.
`
`• Claim 17 of the ’155 patent:
`
`‒ Whether “forming a plasma” should be construed narrowly to exclude
`forming additional plasma where a plasma already exists (as Patent
`Owner asserts).
`
`10
`
`
`
`Claim Constructions
`
`Claim terms construed by the Board:
`
`•
`•
`•
`•
`•
`
`•
`
`•
`
`“weakly-ionized plasma”
`
`“strongly-ionized plasma”
`
`“a voltage pulse having at least one of a controlled amplitude and a controlled rise time”
`
`“means for supplying a feed gas proximate to the anode and cathode assembly”
`
`“means for generating a voltage pulse that forms a plasma between the anode
`and the cathode”
`
`“means for controlling an amplitude and a rise time of the voltage pulse
`to increase an ionization rate of sputtered material atoms so that a rapid increase in electron
`density and a formation of a strongly-ionized plasma occurs without forming an arc between the
`anode and the cathode assembly”
`
`“means for sustaining the strongly-ionized plasma for greater than 200 µsec”
`
`Patent Owner has proposed a new construction for “a voltage pulse having at least one of a controlled amplitude
`and a controlled rise time” and “controlling an amplitude and a rise time of the voltage pulse.”
`
`See Patent Owner’s Response at 24; see also Patent Owner’s Response at 23-32, IPR2014-479;
`Patent Owner’s Response at 22, IPR2014-799; Patent Owner’s Response at 23, IPR2014-803
`
`Patent Owner also has proposed a new interpretation of the term “forms.”
`
`See Patent Owner’s Response at 18-22, IPR2014-479
`
`11
`
`
`
`Patent Owner’s New Construction for Controlling
`Voltage Amplitude and/or Rise Time
`
`Patent Owner’s Response at 24; see also Patent Owner’s Response at 23-32, IPR2014-479;
`Patent Owner’s Response at 22, IPR2014-799; Patent Owner’s Response at 23, IPR2014-803
`
`12
`
`
`
`Patent Owner’s New Construction for Controlling
`Voltage Amplitude and/or Rise Time
`
`Eronini at 12, Ex. 2010
`
`13
`
`
`
`Patent Owner’s New Construction for Controlling
`Voltage Amplitude and/or Rise Time Is Incorrect
`
`• Board previously adopted the broadest reasonable interpretation
`as initially proposed by Zond.
`
`• Patent Owner offered opposition only under the “new construction.”
`
`• Patent Owner’s new construction has no support in the specification
`or intrinsic record.
`‒ Q. Can you show me anywhere in the 184 patent any reference to a
`feedback loop that’s connected to a sensor? …
`A. No.
`
`2/11/2015 Hartsough Dep. at 177:21-178:5
`(interposing objections omitted)
`
`• Patent Owner relies upon prior art extrinsic evidence as sole support
`for its new construction.
`
`14
`
`
`
`Wang Figure 4 Embodiment
`
`Wang at 5:29-32; see also Bravman Dec. ¶81
`
`Wang at 5:52-54; see also Bravman Dec. ¶79
`
`Wang at Fig. 4; see also Bravman Dec. ¶77
`
`15
`
`
`
`Wang Discloses Controlling Voltage Amplitude and/or
`Rise Time: Wang Figures 6 and 7 Embodiment
`
`Wang at 7:13-19; see also Bravman Dec. ¶80
`
`Wang at Fig. 6
`
`17
`
`
`
`Wang Discloses Controlling Voltage Amplitude and/or
`Rise Time: Wang Figures 6 and 7 Embodiment
`
`Wang at 8:2-5; see also Bravman Dec. ¶81
`
`Wang at 7:49-51; see also Bravman Dec. ¶81
`
`Wang at Fig. 6
`
`16
`
`
`
`Wang Discloses Controlling Voltage Amplitude and/or
`Rise Time: Controlling Voltage Pulses
`
`Wang at 7:56-63; Petition at 17-18
`
`Wang at Fig. 7
`
`18
`
`
`
`Rapidly Increasing Electron Density to Generate
`Strongly-Ionized Plasma
`
`Wang at 7:19-30; see also Petition at 13, 15
`
`19
`
`
`
`Kudryavtsev Discloses an “Explosive” Increase in
`Electron Density
`
`Kudryavtsev at 30, 31
`
`20
`
`
`
`The Problem of Arcing Was Well-Known
`
`Q. …The problem of arcing in sputtering systems was well
`known before the ’155 invention; right?
`
`A. Arcing and magnetron sputtering in a particular -- or
`any -- any sputtering, actually, was well known
`since the 19- -- since sputtering, basically.
`
`2/12/2015 Hartsough Dep. at 83:1-8
`(interposing objections omitted)
`
`36
`
`
`
`Wang Discloses Forming Strongly-Ionized Plasma
`without Forming an Arc
`
`Wang at 7:49-51
`
`Q. But if impedance changes relatively little
`during the transition from a low-to a high-
`density plasma, then it’s indicative of no short
`circuit or arcing, right? …
`
`A. That’s indicative of no - certainly no
`unipolar arc. . . .
`
`2/19/2015 Hartsough Dep. at 89:8-24
`(interposing objections omitted)
`
`21
`
`
`
`Wang Addresses the Problem of Arcing
`
`Wang at 7:47-49
`
`Q. And in Wang, arcing may occur between some pulses and may not occur between
`other pulses because Wang significantly reduces the probability of arcing;
`correct? …
`
`A. Yes.
`
`Q. Does the language ‘without forming an arc’ in Claim 1 of the ’155 patent require
`eliminating the probability of arcing 100 percent of the time, ‘yes’ or ‘no’? …
`
`A. No.
`
`2/12/2015 Hartsough Dep. at 198:1-9
`
`37
`
`
`
`Wang Addresses the Problem of Arcing
`
`Wang at 7:47-49
`
`Q. So is it sufficient to meet the claim if one time you form the strongly-ionized plasma
`without forming an arc in a system such as Wang? …
`
`A. If one were doing discovery of that, one would look at the entire claim without,
`and with – without forming an arc would be one of the things that you would
`look at.
`
`Q. That’s the thing I’m looking at right now.
`
`A. You know, you’re very focused on one part of the entire claim. . . .
`
`Q. Sir, but tiny parts of claims matter, too; you understand that? …
`
`A. Let me -- I -- I think you are going back to -- I will go back to an earlier question.
`If Wang produces a pulse that doesn’t arc, then Wang meets the ‘does not arc’ part
`of that claim. They match.”
`
`2/12/2015 Hartsough Dep. at 199:19-200:21
`
`38
`
`
`
`A Person of Skill Would Have Been Motivated to
`Combine Wang and Kudryavtsev
`
`• Increasing plasma
`density using pulses
`
`Wang at 7:19-3; see also Petition at 15
`
`Kudryavtsev, Abstract
`
`22
`
`
`
`Kudryavtsev’s Teaching is Generally Applicable Whenever
`a Field is Suddenly Applied to a Weakly Ionized Plasma
`
`Kudryavtsev at 34,
`see also Petition at 17, Bravman Dec. ¶85
`
`23
`
`
`
`Summary of Patent Owner’s Arguments against
`Combining Wang and Kudryavtsev
`
`Patent Owner identifies only physical differences between Wang and
`Kudryavtsev in support of its arguments that they would not be combined:
`
`• Kudryavtsev uses a “flash tube” rather than a “magnetron sputter reactor”
`
`• “Kudryavtsev’s flash tube uses very different pressures than the sputtering
`devices of Wang…”
`
`• “Kudryavtsev’s system does not use magnets” while “Wang’s system includes
`a magnetron”
`
`•
`
`“Wang and Kudryavtsev have very different reactor dimensions” in
`particular the gap size between electrodes
`
`• Location of voltage pulses are different
`
`See, e.g., Patent Owner Response at 52-54
`
`24
`
`
`
`Patent Owner’s Reliance on Physical Differences As
`Reasons Not To Combine Prior Art Without Merit
`
`• Such alleged differences are inconsequential
`
`• Differences highlighted by Patent Owner are routine variables
`
`• One skilled in the art would be able to modify
`
`Bravman Dec. ¶87, Ex. 1026
`
`25
`
`
`
`Patent Owner’s Arguments Against Combining Wang
`and Kudryavtsev Fail
`
`Q. Now, a person at that time would understand that plasma sputtering
`units could have different parameters that might affect the plasma,
`such as gap size, pressure, things like that; correct? …
`
`A. So there’s a lot -- a lot of parameters that affect the sputtering
`process, yes.
`
`Q. And a person of ordinary skill would have had to understand the
`physics involved with this -- you know, the parameters involved in the
`sputtering process; correct? …
`
`A. I think a person of ordinary skill would have had to understand
`the kind of basics of principles of the -- the effects of the different
`elements in order to -- you know, to practice it. The physics, that
`depends on how, you know, deep you go. I -- I said -- they’re
`basic principles that one would use.
`
`2/12/2015 Hartsough Dep. at 106:3-23
`
`(interposing objections omitted)
`
`39
`
`
`
`Patent Owner’s Arguments Against Combining Wang
`and Kudryavtsev Fail
`
`Q. So, for example, a person of ordinary skill would understand how
`changing the chamber’s gap size would affect the plasma; correct? …
`
`A. They would understand that it might affect the plasma if it existed
`there or they might understand that a very small gap can prevent
`plasma. So there are basic principles.
`
`Q. Another one: A person of ordinary skill would understand how changing
`the chamber pressure would affect the plasma; correct? …
`
`A. A person of ordinary skill would understand how changing the
`pressure would affect their process. . . .
`
`Q. Okay. A person of ordinary skill would understand the effect of
`increasing or decreasing the strength of the magnetic field in a
`magnetron; correct? …
`
`A. But, again, a -- a person of ordinary skill would understand the basic
`principles to the effect enough to -- how that affected their process. . . .
`
`2/12/2015 Hartsough Dep.sition at 106:25-108:2
`
`(interposing objections omitted)
`
`40
`
`
`
`Wang Discloses a “Means for Generating a Voltage
`Pulse that Forms a Plasma Between the Anode and the
`Cathode,” as Recited by Claim 17 of the ’155 Patent
`
`Wang at Fig. 6
`
`“But the pulses in Wang’s figure 6 do NOT form a plasma. In Wang’s figure 6,
`the plasma ‘already existed’ before the pulses were generated, due to the
`non-pulsed background power PB.”
`
`Patent Owner’s Response at 19, IPR2014-479
`
`26
`
`
`
`Wang Discloses a “Means for Generating a Voltage
`Pulse that Forms a Plasma Between the Anode and the
`Cathode,” as Recited by Claim 17 of the ’155 Patent
`
`• “I disagree with such a narrow reading of the term ‘form’ in [the]
`recited claim terms.”
`
`• “In my opinion, the term ‘form’ can include the generation of
`initial as well as additional plasma.”
`
`• “In other words, even if a plasma had already been ignited,
`application of a voltage pulse to the existing plasma can form
`additional plasma that did not exist previously.”
`
`Bravman Dec. ¶ 41 (Ex. 1026, IPR2014-479);
`see also Bravman Dep. at 158:16 – 159:13; emphases added (Ex. 1028) (interposing objections omitted)
`
`27
`
`
`
`Disputes with Respect to Dependent Claims
`
`• Claim 9 of the ’155 patent:
`
`‒ Whether Wang discloses an “energy storage device."
`
`• Claims 5 and 15 of the ’184 patent:
`
`‒ Whether Wang discloses “multistage voltage pulses.”
`
`• Claims 15, 16, and 19 of the ’155 patent and claims 7 and 17
`of the ’184 patent:
`
`‒ Whether Wang discloses sustaining a strongly-ionized plasma, including
`one with a lifetime > 200 µsec.
`
`28
`
`
`
`’155 Patent Claim 9: “an energy storage device”
`
`’155 Patent at 3:46-47
`
`’155 Patent at 21:17-19;
`see also Reply at 14; Bravman Dec. ¶¶100-105
`
`’155 Patent, Fig. 10
`
`29
`
`
`
`’184 Patent Claims 5 and 15:
`“Stage” Refers to a Portion of a Pulse
`
`’184 Patent, Claim 5
`
`’184 Patent, Claim 15
`
`’184 Patent, Fig. 3
`
`’184 Patent at 6:27-30;
`see also Reply at 13-15,
`Bravman Dec. ¶¶85-88, IPR2014-799
`
`30
`
`
`
`’184 Patent Claims 5 and 15:
`“Stage” Refers to a Portion of a Pulse
`
`“STAGE”
`
`“STAGE”
`
`“REGION”
`
`’184 Patent, Figs. 3, 7A and 8, 6:20, 18:26, 17:40, 18:50, 17:30, 18:43;
`see also Reply at 13-15, Bravman Dec. ¶¶85-88, IPR2014-799
`
`31
`
`
`
`’184 Patent Claims 5 and 15 Are Invalid
`
`Hartsough ’775 Dep. at 150:7-9, 17-20
`
`U.S. Patent 6,896,775
`at Fig. 5
`(Ex. 1032)
`
`Fig. 3 of Mozgrin
`(Ex. 1002)
`
`see also Reply at 13-15,Bravman Dec. ¶¶89-92, IPR2014-799
`
`32
`
`
`
`’155 Patent Claims 15, 16, and 19 and ’184 Patent
`Claims 7 and 17: sustaining strongly-ionized
`plasma/lifetime greater than 200 µsec
`
`Wang at 8:45-50;
`see also Reply at 14-15; Reply at 14-15,
`IPR2014-479; Reply at 13-15, IPR2014-803
`
`Wang at Fig. 6
`
`33
`
`
`
`Conclusion
`
`• All disputed claims of the ’155 and ’184 patents are invalid.
`
`’155 Patent
`
`Ground
`
`477 Petition
`
`1
`
`2
`
`479 Petition
`
`1
`
`’184 Patent
`
`Ground
`
`Claims
`
`Prior Art
`
`1-15, 7-16
`
`Wang + Kudryavtsev
`
`6
`
`Wang + Kudryavtsev + Yoon
`
`17-19
`
`Wang + Kudryavtsev + Admitted Prior Art
`
`Claims
`
`Prior Art
`
`799 Petition (IPR2014-855, IPR2014-995, and IPR2014-1042 are joined with the 799)
`
`5
`
`1-15, 11-15
`
`Wang + Kudryavtsev
`
`803 Petition (IPR2014-858, IPR2014-996, and IPR2014-1061 are joined with the 803)
`
`3
`
`4
`
`6-7, 9-10, 16-17, 19-20
`
`Wang + Kudryavtsev
`
`8, 18
`
`Wang + Kudryavtsev + Mozgrin
`
`34
`
`
`
`Reserved Slides
`Reserved Slides
`
`35
`35
`
`
`
`Trial No. IPR2014-00803
`Petitioners’ Demonstrative Exhibits for Oral Argument
`
`
`
`
`Respectfully Submitted,
`
`/David L. Cavanaugh/
`
`David L. Cavanaugh
`Registration No. 36,476
`WILMER CUTLER PICKERING
`HALE AND DORR LLP
`1875 Pennsylvania Avenue, N.W.
`Washington, D.C. 20006
`david.cavanaugh@wilmerhale.com
`Tel.: 202-663-6000
`Fax: 202-663-6363
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: May 22, 2015
`
`
`
`
`
`Trial No. IPR2014-00803
`Petitioners’ Demonstrative Exhibits for Oral Argument
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on May 22, 2015, I caused a true and correct copy of the
`
`foregoing materials:
`
` Petitioners’ Demonstrative Exhibits for Oral Argument
`
`to be served via e-mail, as previously agreed by the parties, on the following
`
`attorneys of record:
`
`
`
`Dr. Gregory J. Gonsalves
`2216 Beacon Lane
`Falls Church, VA 22043
`(571) 419-7252
`gonsalves@gonsalveslawfirm.com
`
`Bruce Barker
`Chao Hadidi Start & Barker LLP
`176 East Mail Street, Suite 6
`Westborough, MA 01581
`bbarker@chsblaw.com
`
`
`
`
`
` /Yung-Hoon Ha/
` Yung-Hoon Ha
` Registration No. 56,368
`
`
`
`
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