`DISTRICT OF MASSACHUSETTS
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`CIVIL ACTION NO. 13-cv-11634-WGY
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`ZOND LLC,
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`v.
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`Plaintiff,
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`FUJITSU SEMICONDUCTOR LIMITED,
`FUJITSU SEMICONDUCTOR AMERICA,
`INC., TAIWAN SEMICONDUCTOR
`MANUFACTURING COMPANY,
`LIMITED, and TSMC NORTH AMERICA
`CORP.,
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`Defendants.
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`PLAINTIFF ZOND LLC’S PRELIMINARY PROPOSED CLAIM CONSTRUCTIONS
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`Pursuant to Local Patent Rule Appendix E § (B)(1) and the Court’s Scheduling Order
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`(Dkt. No. 54), Plaintiff Zond LLC (“Zond”) hereby serves its Preliminary Proposed Claim
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`Constructions for the terms it has identified for construction regarding U.S. Patent Nos.
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`6,805,779 (“the ‘779 patent”), 6,806,652 (“the ‘652 patent”), 6,853,142 (“the ‘142 patent”),
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`7,147,759 (“the ‘759 patent”), 7,604,716 (“the ‘716 patent”), 7,808,184 (“the ‘184 patent”), and
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`7,811,421 (“the ‘421 patent”) (together, the “patents-in-suit”). Zond is prepared to meet and
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`confer with Defendants at a mutually agreeable time for the purposes of narrowing the issues in
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`advance of claim construction briefing and finalizing the preparation of a Joint Claim
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`Construction and Prehearing Statement.
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`Zond’s presentation of a preliminary proposed claim construction is not intended, and
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`should not be construed, as a waiver of any argument. Zond’s proposed preliminary
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`constructions for disputed terms, clauses, and claim elements are based on information that is
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`GILLETTE 1213
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`currently available to Zond and information derived from the Defendants’ Preliminary Invalidity
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`Contentions and Preliminary Non-Infringement Contentions, served on March 21, 2014 and
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`other discovery in this case. In the event that any Defendant amends its Invalidity or Non-
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`Infringement Contentions, or should other terms, clauses, and claim elements become relevant,
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`Zond reserves the right to modify this disclosure. Zond also reserves the right to modify this
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`disclosure should additional information become available through discovery. Further, Zond
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`reserves the right to modify this disclosure once it has reviewed Defendants’ proposed claim
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`constructions and in light of arguments made or positions taken by Defendants as this case
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`proceeds. Zond additionally reserves its rights to supplement or modify its proposed
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`constructions based on the constructions proposed by Defendants in light of Defendants' refusal
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`to meet and confer with Zond regarding the parties' proposed claim terms for construction in
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`advance of the date for service of proposed constructions.
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`Zond reserves its right to alter, modify, or amend these preliminary proposed
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`constructions at any time.
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`Claim Term
`Arc[ing]
`Rise[-]time
`Electron impact dissociation
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`Zond’s Preliminary Proposed Claim Construction
`Plain and ordinary meaning
`Plain and ordinary meaning
`A process whereby molecules in the process gas are broken
`apart by an impacting electron having energy that is above the
`dissociation threshold of the molecules
`Excited atoms having energy levels from which dipole radiation
`is theoretically forbidden
`Multi-step ionization process An ionization process having two or more distinct steps
`Quasi-static electric field
`An electric field that has a characteristic time of electric field
`variation that is much greater than the collision time for
`electrons with neutral gas particles
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`Metastable atoms
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`High-density plasma /
`strongly-ionized plasma
`Super-ionizing
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`Weakly-ionized plasma
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`Dated: May 28, 2014
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`A plasma with a relatively high peak density of ions
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`Converting at least 75% of the neutral atoms in the plasma to
`ions
`A plasma with a relatively low peak density of ions
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`Respectfully submitted,
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`/s/ David C. Radulescu
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`David S. Godkin (BBO#196530)
`Andrew A. Caffrey III (BBO#660481)
`Birnbaum & Godkin, LLP
`280 Summer Street
`Boston, MA 02210
`617-307-6100
`godkin@birnbaumgodkin.com
`caffrey@birnbaumgodkin.com
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`David C. Radulescu, Ph.D.
`Tigran Vardanian
`Etai Lahav
`Robin M. Davis
`Gregory S. Maskel
`Daniel Kesack
`Michael Sadowitz
`RADULESCU LLP
`136 Madison Ave, 6th Floor
`New York, NY 10016
`646-502-5950
`david@radulescullp.com
`tigran@radulescullp.com
`etai@radulescullp.com
`robin@radulescullp.com
`greg@radulescullp.com
`daniel@radulescullp.com
`mike@radulescullp.com
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`Counsel for Plaintiff Zond LLC
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true copy of the above document was served upon the attorneys of
`record for each other party by electronic mail on May 28, 2014.
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`/s/ Michael Sadowitz
`Michael Sadowitz
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