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`EXHIBITEXHIBIT
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`EXHIBIT
`DSS-2010
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`DSS—2 01 0DSS—2 01 0
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`Deposition of Dr. Richard Blanchard
`
`Taiwan Semiconductor Manufacturing Company vs. DSS
`
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
`
` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` 3
`
` 4 TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD. (TSMC),
`
` 5 V.
`
` 6 DSS TECHNOLOGY MANAGEMENT, INC.
`
` 7
`
` 8 CASE IPR2014-01030
`
` 9 PATENT NO. 5,625,084
`
` 10
`
` -----------------------------------
` 11 ORAL DEPOSITION OF
`
` 12 RICHARD A. BLANCHARD, PH.D.
`
` 13 FEBRUARY 17, 2015
` -----------------------------------
`
` 14
`
` 15
`
` 16 ORAL DEPOSITION OF RICHARD A. BLANCHARD,
`
` 17 PH.D., produced as a witness at the instance of the
`
` 18 Patent Owner, and duly sworn, was taken in the
`
` 19 above-styled and -numbered cause on February 17, 2015,
`
` 20 from 9:28 a.m. to 12:15 p.m., before Melanie Seifert,
`
` 21 CSR in and for the State of Texas, reported by machine
`
` 22 shorthand, at the law offices of Haynes and Boone,
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` 23 L.L.P., 2505 N. Plano Road, Suite 4000, Richardson,
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` 24 Texas, pursuant to the agreements stated on the record
`
` 25 and the Federal Rules of Civil Procedure.
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 A P P E A R A N C E S
`
` 2
`
` 3
`
` FOR THE PETITIONER:
`
` MR. SCOTT CUNNING
` 4 MR. DAVID M. O'DELL
` MR. DAVID HARPER
` 5 HAYNES AND BOONE, L.L.P.
` 2505 North Plano Road
` 6 Suite 4000
` Richardson, Texas 75082
` 7 Phone: (972) 739-8635
` Fax: (972) 629-9118
` 8 E-mail: david.odell@haynesboone.com
`
` 9 MR. CHRISTOPHER MARANDO
` WEIL, GOTSHAL & MANGES, L.L.P.
` 10 1300 Eye Street NW
` Suite 900
` 11 Washington, DC 20005-3314
` Phone: (202) 682-7094
` 12 Fax: (202) 857-0940
` E-mail: christopher.marando@weil.com
`
` 13
`
` 14
`
` 15
`
` FOR THE PATENT OWNER:
`
` MR. ANTON J. HOPEN
` 16 MR. ANDRIY LYTVYN
` SMITH & HOPEN, P.A.
` 17 180 Pine Avenue North
` Oldsmar, Florida 34677
` 18 Phone: (813) 925-8505
` Fax: (813) 925-8525
` 19 E-mail: andriy.lytvyn@smithhopen.com
`
` 20 MR. CHRISTIAN J. HURT
` NIX, PATTERSON & ROACH, L.L.P.
` 21 5215 N. O'Connor Boulevard
` Suite 1900
` 22 Irving, Texas 75039
` Phone: (972) 831-1188
` 23 Fax: (972) 444-0716
` E-mail: christianhurt@nixlawfirm.com
`
` 24
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` 25
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 INDEX
`
` 2 PAGE
`
` 3 Appearances.....................................2
`
` 4 Agreements......................................4
`
` 5 RICHARD A. BLANCHARD, PH.D.
`
` 6 Examination by Mr. Hopen...................4
`
` 7 Signature and Changes..........................74
`
` 8 Reporter's Certificate.........................76
`
` 9
`
` EXHIBITS
` 10 NO. DESCRIPTION PAGE
`
` 11 DSS2010-1 IBM Technical Disclosure Bulletin,
` Volume 32, Number 8A, January 1990 69
`
` 12
`
` DSS2010-2 IBM Technical Disclosure Bulletin,
` 13 Volume 33, Number 3A, August 1990 70
`
` 14 DSS2010-3 Jinbo Patent, Page 8,
` Annotated Figures 72
`
` 15
`
` 16
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` 17
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` 18
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` 19
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` 20
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` 21
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` 22
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` 23
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` 24
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` 25
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 P R O C E E D I N G S
`
` 2 THE REPORTER: On the record at 9:28 a.m.
`
` 3 Did you want to put any agreements on the record?
`
` 4 MR. HOPEN: Waive notice and all that?
`
` 5 MR. CUNNING: Yeah.
`
` 6 (Witness sworn.)
`
` 7 RICHARD A. BLANCHARD, PH.D.,
`
` 8 having been first duly sworn, testified as follows:
`
` 9 EXAMINATION
`
` 10 BY MR. HOPEN:
`
` 11 Q. Good morning, Dr. Blanchard.
`
` 12 A. Good morning.
`
` 13 Q. My name is Anton Hopen. I'm going to be taking
`
` 14 your deposition today. My colleague with me, Andriy
`
` 15 Lytvyn, may also ask you some questions as we progress.
`
` 16 I understand you've been deposed before.
`
` 17 A. Yes.
`
` 18 Q. And I assume the attorneys in those cases gave
`
` 19 you instructions on procedures and your obligations.
`
` 20 A. Yes.
`
` 21 Q. Dr. Blanchard, I'd like to go over some ground
`
` 22 rules for this deposition so that we're on the same
`
` 23 page. Does that sound fair?
`
` 24 A. Yes.
`
` 25 Q. In this deposition, I'll be asking you some
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 questions, and my questions and your answers will be
`
` 2 recorded by Melanie Seifert, which is the court reporter
`
` 3 to your right. Do you understand that you need to speak
`
` 4 up and to answer the reporter so she can hear when you
`
` 5 give your answers?
`
` 6 A. Yes.
`
` 7 Q. She will not be able to record a nod or shake
`
` 8 of your head.
`
` 9 A. I understand.
`
` 10 Q. We might also have some trouble if we talk over
`
` 11 each other; and, therefore, it's important to wait until
`
` 12 I finish a question, or Andriy finishes a question,
`
` 13 before you begin to answer. Do you understand?
`
` 14 A. Yes.
`
` 15 Q. Now, you've just taken an oath to tell the
`
` 16 truth and the whole truth. Do you understand that oath?
`
` 17 A. Yes, I do.
`
` 18 Q. And it's the same oath as you would take in
`
` 19 court.
`
` 20 A. Right. I believe that to be true.
`
` 21 Q. Now, we're interested in everything you know,
`
` 22 so we're looking for full and complete answers. And
`
` 23 will you do that for us?
`
` 24 A. Yes, I will.
`
` 25 Q. So if I ask you a question that is unclear, you
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` 1 will let me know and I can try and answer that -- ask
`
` 2 that question another way. Does that sound fair?
`
` 3 A. Yes.
`
` 4 Q. This is not a marathon, so if at some time, you
`
` 5 need a break, you can let us know, but I will ask you to
`
` 6 answer the question that I've last asked. Does that
`
` 7 sound okay?
`
` 8 A. Yes, sir.
`
` 9 Q. And the same thing: If you want to discuss
`
` 10 something with your counsel and you want to take a
`
` 11 break, you're free to indicate that, but I would like
`
` 12 you to answer the question that's posed. Does that
`
` 13 sound fair?
`
` 14 A. Yes.
`
` 15 MR. CUNNING: And I'll just say, if you
`
` 16 have an issue with a privileged question that you need
`
` 17 to address with me, that we can take a break and discuss
`
` 18 that prior to answering the question.
`
` 19 Q. (By Mr. Hopen) You may answer a question, and
`
` 20 then ten minutes later, think of additional information
`
` 21 or a clarification. If that happens, you'll let us know
`
` 22 and we can address it right then and there. Does that
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` 23 sound okay?
`
` 24 A. Yes.
`
` 25 Q. We'll also try and give you an opportunity at
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 regular intervals to provide clarification or supplement
`
` 2 your prior responses. Is that okay?
`
` 3 A. Yes.
`
` 4 Q. And if, later, it occurs to you that your prior
`
` 5 answer was not completely accurate, you will tell us and
`
` 6 attempt to make a correction. Is that fair?
`
` 7 A. Yes.
`
` 8 Q. Now, we may ask you a question referring to a
`
` 9 document, and it may help or assist you in answering
`
` 10 that question to refer to that document. We may have
`
` 11 those documents available. Does that sound okay?
`
` 12 A. Yes.
`
` 13 Q. And it is because it is critical that we have
`
` 14 full and complete answers, I'm going to have to ask you
`
` 15 whether you're taking any medications or drugs that
`
` 16 would impair your ability to give true and complete
`
` 17 answers today?
`
` 18 A. No.
`
` 19 Q. Are you ill or sick in any way that would
`
` 20 impair your ability to give true and complete answers?
`
` 21 A. No.
`
` 22 Q. Is there any reason at all that you can't give
`
` 23 full and complete and accurate testimony today?
`
` 24 A. No.
`
` 25 Q. And so for efficiency, when I refer, or we
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`Deposition of Dr. Richard Blanchard
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` 1 refer, to the '084 or the '84 Patent, will you take that
`
` 2 to mean U.S. Patent 5652084?
`
` 3 A. Yes.
`
` 4 Q. And when we refer to a prior reference under
`
` 5 Jinbo, that would be the Japanese Patent Office
`
` 6 translation, not the actual, original Japanese language,
`
` 7 published March 5, 1992.
`
` 8 A. Yes.
`
` 9 Q. If there's any uncertainty about which prior
`
` 10 reference we're referring to, you will let us know,
`
` 11 correct?
`
` 12 A. Yes.
`
` 13 Q. Okay.
`
` 14 MR. CUNNING: Are you finished with your
`
` 15 introductory?
`
` 16 MR. HOPEN: I am.
`
` 17 MR. CUNNING: I just want to ask for
`
` 18 clarification on how you intend to divide questions
`
` 19 between the two of you. I mean, are you intending to
`
` 20 pass the witness back and forth?
`
` 21 MR. HOPEN: No. Mr. Lytvyn probably won't
`
` 22 ask any questions until we've taken a short break, and
`
` 23 then I can indicate to you that Mr. Lytvyn is going to
`
` 24 ask some questions.
`
` 25 MR. CUNNING: Okay. I just want to --
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` 1 MR. HOPEN: Does that sound fair?
`
` 2 MR. CUNNING: Yeah, I just want to avoid,
`
` 3 like, a situation where Dr. Blanchard --
`
` 4 MR. HOPEN: We can't ask at the same time?
`
` 5 MR. CUNNING: -- will be asked -- asked him
`
` 6 the same question.
`
` 7 MR. HOPEN: He gets asked the same question
`
` 8 that I do? Okay.
`
` 9 Q. (By Mr. Hopen) All right. I'm going to start
`
` 10 with what I'm referring to as a Declaration of Richard
`
` 11 A. Blanchard, Ph.D., under 37C.F.R. Section 1.68, and
`
` 12 this has already been marked TSMC-1009, and it's TSMC
`
` 13 versus DSS, and it says, "Page 1 of 57."
`
` 14 Do you have that document in front of you?
`
` 15 A. Yes, I do.
`
` 16 Q. All right. I'm going to ask you to flip to
`
` 17 Page 16 of that document, Dr. Blanchard, and review
`
` 18 Section 37.
`
` 19 A. (Witness complies.) I've read it.
`
` 20 Q. In that section, you conclude that the elements
`
` 21 of claims 1 through 16 of '084 Patent are taught by the
`
` 22 prior art; is that correct?
`
` 23 A. Yes.
`
` 24 Q. Now, referring to Page 18, you signed this
`
` 25 declaration on June 23, 2014; is that correct?
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 A. Yes.
`
` 2 Q. Sitting here today, are you of the same opinion
`
` 3 regarding the validity of the '084 Patent?
`
` 4 A. Yes, I am.
`
` 5 Q. Now, as your declaration indicates, you are a
`
` 6 paid witness for TSMC, the Petitioner in this
`
` 7 proceeding, correct?
`
` 8 A. Yes.
`
` 9 Q. How does TSMC compensate you for your time?
`
` 10 A. I submit an invoice. It's submitted through
`
` 11 Thompson-Reuters. It's my understanding that
`
` 12 Thompson-Reuters forwards an invoice to either Haynes
`
` 13 and Boone or TSMC, I don't know which, and then at some
`
` 14 later
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` 15 time -- invoices are sent on a monthly basis, at or
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` 16 after the end of the month, and at some later time,
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` 17 typically, about a month, there will be a deposit made
`
` 18 into my account for the amount I've invoiced.
`
` 19 Q. For this particular matter, has any other party
`
` 20 retained you for your expert testimony?
`
` 21 A. No.
`
` 22 Q. Have there been talks to retain you?
`
` 23 A. Not that I'm aware of, not with me.
`
` 24 Q. Under your arrangement, do you consider it
`
` 25 important to bill TSMC fairly?
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` 1 A. Yes.
`
` 2 Q. Do you track the time that you spend on this
`
` 3 matter?
`
` 4 A. Yes.
`
` 5 Q. How do you track it?
`
` 6 A. I track, on a daily basis, how much time I've
`
` 7 spent on this matter. In my office, I have, you know,
`
` 8 the normal things you'd have: I have a desk and a table
`
` 9 where I work. I have a clock over the desk, so I'm able
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` 10 to monitor the time I spend on each client I'm working
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` 11 for. I also break things up so that I spend large
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` 12 blocks of time, rather than interrupted blocks of time,
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` 13 on material. I'm able to track my time to a quarter
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` 14 hour on a daily basis. I fill my timecard in on a daily
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` 15 basis.
`
` 16 Q. Do you consider those records accurate?
`
` 17 A. Yes.
`
` 18 Q. When did you initiate the evaluation of the
`
` 19 '084 Patent?
`
` 20 A. I don't remember the exact date. I believe it
`
` 21 was sometime between April and certainly June of 2014.
`
` 22 Q. Did you track your time in that June and April
`
` 23 timespan?
`
` 24 A. You mean April to June?
`
` 25 Q. Yeah.
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` 1 A. Yes.
`
` 2 Q. Were you retained prior to initiating your
`
` 3 review?
`
` 4 A. I don't remember, but I can tell you what my
`
` 5 typical practice is. Typically, before beginning to
`
` 6 work for a client, I'll review the matter. If it's a
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` 7 patent matter, I'll review the patent or patents at
`
` 8 issue, just to see whether I believe it's an area that I
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` 9 have expertise in.
`
` 10 So I will typically review, and I believe I
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` 11 did in this case as well, I would have reviewed the
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` 12 patented issue. And then, having reviewed it, if I feel
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` 13 it's acceptable, which I did in this case, would then
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` 14 have accepted the engagement.
`
` 15 Q. How many times have you been retained as an
`
` 16 expert witness? Let me rephrase that, please.
`
` 17 Approximately how many times have you been retained?
`
` 18 A. Thank you. I would say probably, over the last
`
` 19 20 years, probably in the range of 50 to 100 times.
`
` 20 Q. How many of those times were you retained as an
`
` 21 expert in a patent matter?
`
` 22 A. Probably about 40 percent of those.
`
` 23 Q. And in those matters, did you follow the same
`
` 24 procedure where you review the technology to see if it's
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` 25 a fit for you?
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` 1 A. I believe I did.
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` 2 Q. And out of those, how many did you decline?
`
` 3 A. I don't have an exact number, and it's hard for
`
` 4 me to estimate. I know that I do decline to work
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` 5 because -- sometimes because I'm overly booked,
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` 6 sometimes the schedule isn't compatible with what I'm
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` 7 doing, or sometimes the technology is not appropriate,
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` 8 it's not my area of expertise. I don't have a number.
`
` 9 Q. Let me ask the question in a different way.
`
` 10 Can you approximate how many times you've declined to
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` 11 testify, specifically, because the technology was not in
`
` 12 your area?
`
` 13 A. I would estimate, over the last 10 years, or 10
`
` 14 to 15 years, probably in the range of 10 to 30 times.
`
` 15 Let's make it 10 to 40, if I look back to the late '90s.
`
` 16 Q. From the time that you initiated your review of
`
` 17 the '084 Patent, in April of 2014, how much time did you
`
` 18 spend evaluating it's validity?
`
` 19 A. I don't have an accurate figure.
`
` 20 Q. Did you track your time in evaluating the
`
` 21 validity of it?
`
` 22 A. I did once I'd accepted the engagement.
`
` 23 Q. How much time did you spend prior to accepting
`
` 24 the engagement?
`
` 25 A. Based on my normal practice, one to two hours.
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` 1 Q. I apologize if this was already asked and
`
` 2 answered, just for clarification: From the time that
`
` 3 you started tracking your time, till the time that we
`
` 4 are sitting here right now, you have examined issues
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` 5 other than validity with the '084 Patent; is that
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` 6 correct?
`
` 7 A. Yes.
`
` 8 Q. Are you able to discern how much time you spent
`
` 9 on validity versus other issues?
`
` 10 A. I can't sitting here today, but I believe that
`
` 11 information is -- would be available if I had my
`
` 12 timecards.
`
` 13 Q. If -- could you estimate a percen- -- relative
`
` 14 percentage of how much time you spent on validity?
`
` 15 A. Not better than around, you know, a 20 percent
`
` 16 error.
`
` 17 Q. With a 20 percent error rate, what percentage
`
` 18 would that be?
`
` 19 A. I would estimate between 70 and 80 percent of
`
` 20 my time on validity.
`
` 21 Q. How many hours have you spent on this case so
`
` 22 far, approximately?
`
` 23 A. I don't have a good, accurate number. I'd
`
` 24 estimate somewhere in the range of 60 to 100, and that's
`
` 25 -- it's not a guess, but it's not an accurate number.
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` 1 It's an estimate.
`
` 2 Q. If we can refer back to your declaration,
`
` 3 Dr. Blanchard, if you could go to Page 1.
`
` 4 A. I have it.
`
` 5 Q. I'd like you to take a look at Section 2, which
`
` 6 continues onto Page 2.
`
` 7 A. Down through Section 2, or down through Section
`
` 8 3?
`
` 9 Q. Just Section 2.
`
` 10 A. All right.
`
` 11 Q. You list eight references you studied; is that
`
` 12 correct?
`
` 13 A. Correct.
`
` 14 Q. And as you continue, please review Section 3.
`
` 15 A. I have.
`
` 16 Q. So according to this declaration, outside of
`
` 17 these eight references, you also relied on your
`
` 18 knowledge and experience based upon your work in this
`
` 19 area.
`
` 20 A. Correct.
`
` 21 Q. Are there any new documents that you have since
`
` 22 relied upon or examined in forming your opinion?
`
` 23 A. No.
`
` 24 Q. Dr. Blanchard, do you have a copy of the '084
`
` 25 Patent?
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` 1 A. Not in front of me.
`
` 2 (Counsel hands document to witness.)
`
` 3 A. I do now.
`
` 4 Q. (By Mr. Hopen) When's the last time you
`
` 5 reviewed this patent, Dr. Blanchard?
`
` 6 A. Earlier this morning, I reviewed parts of it.
`
` 7 Q. In your review -- and, of course, it's an
`
` 8 estimate of 60 to 100 hours of this -- have you read
`
` 9 every portion of the '084 Patent?
`
` 10 A. Yes, I have.
`
` 11 Q. Does that include the title?
`
` 12 A. Yes.
`
` 13 Q. Does that include the priority claim?
`
` 14 A. I'm sorry. What do you mean by the "priority
`
` 15 claim"?
`
` 16 Q. On the front page, in Bracket 63.
`
` 17 A. Yes.
`
` 18 Q. Have you reviewed the references cited in 56?
`
` 19 A. I've reviewed the list of references. I
`
` 20 haven't reviewed each of the references separately.
`
` 21 There are some references on here that I have reviewed.
`
` 22 Q. Did you review the abstract --
`
` 23 A. Yes, I did.
`
` 24 Q. -- to form your opinion?
`
` 25 A. I've reviewed the abstract as part of my normal
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` 1 procedure in reviewing the patent.
`
` 2 Q. If I can go ahead and have you flip all the way
`
` 3 to the claims, on Column 13, on the very last page.
`
` 4 A. All right.
`
` 5 Q. If you need a second to take a look at them.
`
` 6 A. (Witness complies.) Thank you.
`
` 7 Q. I want to turn your attention to Claim 1.
`
` 8 A. All right.
`
` 9 Q. And in forming your opinion on Claim 1, what do
`
` 10 you consider to be a limitation of a patent claim?
`
` 11 A. Well, I consider the elements to be as
`
` 12 indicated 1 through "e" -- I'm sorry, "a" through "e."
`
` 13 Q. Well, let's take it from the very beginning.
`
` 14 The preamble of the claim, the very first two lines --
`
` 15 A. Right.
`
` 16 Q. -- reads: "Lithography method for
`
` 17 semiconductor fabrication using a semiconductor wafer,
`
` 18 and then the method comprises the steps."
`
` 19 A. Right.
`
` 20 Q. Can you take me through your analysis in
`
` 21 interpreting this claim and what these claim terms mean?
`
` 22 And we'll start with "lithography method."
`
` 23 A. Okay. "Lithography method" is a -- lithography
`
` 24 is short for photolithography, so this would be a method
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` 25 or technique used in semiconductor fab rication.
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`Wendy Ward Roberts & Associates, Inc.
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 Q. What's a "semiconductor"?
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` 2 A. "Semiconductor" is a material that is neither a
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` 3 metal nor an insulator. It's considered to be halfway
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` 4 in between. Semiconductors include silicon germanium
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` 5 carbon in one form and a number of other materials. The
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` 6 main characteristic is they be can -- you can add
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` 7 impurities to change the conductivity and can be doped
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` 8 "n" and "p" type, therefore -- thereby, making devices
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` 9 in a semiconductor substrate.
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` 10 Q. And what is a "wafer," "semiconductor wafer"?
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` 11 A. A "wafer" is a generally round piece of
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` 12 semiconductor that's usually been cut from a larger
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` 13 crystal, polished. It will subsequently be processed in
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` 14 the fabrication area to manufacture devices or
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` 15 integrated circuits.
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` 16 Q. Referring to the steps, I'm going to refer to
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` 17 step "a." "Forming a first imaging layer over the
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` 18 semiconductor wafer" --
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` 19 A. Right.
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` 20 Q. -- how do you -- can you describe that
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` 21 operation?
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` 22 A. In this case, a radiation sensitive layer is
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` 23 deposited over -- formed over the semiconductor wafer.
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` 24 Typically, it's done by spinning the photoresist, or the
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` 25 imaging layer, over the wafer. Most of the time, the
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`Wendy Ward Roberts & Associates, Inc.
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`Page: 18
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 photoresist will be dispensed while the wafer is
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` 2 rotating at a relatively low number of revolutions per
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` 3 minute. And then, once the photoresist is spread from
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` 4 the center to the edges, the spin speed will be
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` 5 increased to provide a uniform imaging layer across the
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` 6 entire wafer.
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` 7 Q. What does "imaging layer" mean?
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` 8 A. A layer that an image can be formed in through
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` 9 subsequent operation of exposed -- exposure, exposing
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` 10 and developing.
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` 11 Q. Okay. Now, on step "b," can you explain that
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` 12 step.
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` 13 A. In this case, this is the -- what I mentioned a
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` 14 couple of moments ago, patterning the first imaging
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` 15 layer is transferring an image, typically from a mask,
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` 16 using radiation, often light, to the first imaging
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` 17 layer, which has been -- in this case, was deposited in
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` 18 step "a."
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` 19 "Photoresist" is a photosensitive
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` 20 etch-resistant material, and I'll talk about
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` 21 photoresist, even though there are other materials, such
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` 22 as polyimide and some others, that are -- could be used
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` 23 as an imaging layer.
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` 24 But the photoresist is patterned by placing
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` 25 a mask, such that the pattern on the mask, when you
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`Wendy Ward Roberts & Associates, Inc.
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 shine light through it, is transferred to the -- is
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` 2 incident on the imaging layer, and you alter the
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` 3 solubility of the, in this case, photoresist, by the
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` 4 radiation. You can either increase the solubility or
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` 5 decrease the solubility, depending upon whether the
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` 6 resist is what's called a positive or a negative resist.
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` 7 Q. Okay. On step "c" state --
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` 8 A. Yeah. I'm sorry. I want to state one thing:
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` 9 I've been using the word "resist." That's a little more
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` 10 limiting than in these claims, but I'm using that as an
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` 11 example.
`
` 12 Q. Okay. On step "c," "stabilizing the first
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` 13 patterning or patterned layer" --
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` 14 A. Right.
`
` 15 Q. -- Dr. Blanchard, how does that work?
`
` 16 A. How does it work?
`
` 17 Q. Uh-huh.
`
` 18 A. Stabilizing: There's some specific information
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` 19 on stabilizing in the patent, but the goal is to make
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` 20 sure the imaging layer will not be altered by subsequent
`
` 21 processing associated with the second imaging layer. So
`
` 22 there are different techniques that can be used to
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` 23 stabilize the pattern layer, first pattern layer.
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` 24 Q. Okay. Now, in step "d," we're "forming a
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` 25 second imaging layer over the first patterning layer."
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`Wendy Ward Roberts & Associates, Inc.
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`Page: 20
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 How do you construe that, and can you explain how that
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` 2 would work?
`
` 3 A. It would work as --
`
` 4 Q. Compound. Sorry. Let me ask it again.
`
` 5 A. Thank you.
`
` 6 Q. Can you explain how forming a second imaging
`
` 7 layer over the first pattern layer would work?
`
` 8 A. It would be accomplished as in step "a," in
`
` 9 that if we're talking about photoresist, photoresist
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` 10 once again be dispensed, and then uniformly spread
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` 11 across the wafer, to form the second imaging layer. It
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` 12 would -- where the first imaging layer was still
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` 13 present, there could be a layer of the second imaging.
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` 14 It could be -- a second imaging layer could also be on
`
` 15 top of the first, but it would certainly be in -- the
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` 16 spaces between the imaging layer run across the surface
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` 17 of the wafer.
`
` 18 Q. On step "e," it reads: "Patterning the second
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` 19 imaging layer in accordance with the second pattern to
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` 20 form a second pattern layer." Can you explain what's
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` 21 going on here?
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` 22 A. This is analogous to what took place in step
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` 23 "b" above, but in this case it's the second imaging
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` 24 layer that's being patterned.
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` 25 Q. And we go to the next -- to the third line, if
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 you could review that.
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` 2 A. Is that --
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` 3 Q. In step "e."
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` 4 A. Starting with "having"?
`
` 5 Q. Yes, sir.
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` 6 A. All right.
`
` 7 Q. "Having a second feature distinct from the
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` 8 first feature," can you explain how you interpreted
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` 9 that?
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` 10 A. "Second feature distinct from" would be
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` 11 separate from, not overlapping or physically touching.
`
` 12 Q. And let's just continue on for now. "Where the
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` 13 second pattern layer and the first pattern layer form a
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` 14 single pattern layer," can you explain what's going to
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` 15 here?
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` 16 A. In this case, the sum of the first and the
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` 17 second pattern layer, the first pattern layer from the
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` 18 first imaging layer and the second pattern layer from
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` 19 the second imaging layer, can be viewed as a -- just one
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` 20 pattern layer, where it's the sum of the previous two.
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` 21 Q. And then, finally, I'm reading the balance of
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` 22 this claim: "And wherein the first and second features
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` 23 are formed relatively closer to one another than is
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` 24 possible through a single exposure to radiation."
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` 25 Dr. Blanchard, can you explain what's going on there?
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`Wendy Ward Roberts & Associates, Inc.
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 A. No. That's indefinite.
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` 2 Q. So your answer is that you can't explain what's
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` 3 going on there?
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` 4 A. No.
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` 5 Q. Can you explain what is forming your opinion
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` 6 that it is indefinite?
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` 7 A. Well, it's indefinite because there's not
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` 8 enough information. It doesn't say what sort of
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` 9 photoresist, what thickness of photoresist, what the
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` 10 type of equipment is that's used to pattern, et cetera.
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` 11 There's not enough information to understand the meaning
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` 12 of first and second features which are formed relatively
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` 13 closer to one another.
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` 14 Q. How would the equipment be relevant in
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` 15 determining the position of first and second feature?
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` 16 A. Well, the equipment would, for instance, have a
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` 17 source of light which has a specific wavelength. The
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` 18 wavelength would affect the -- how relatively close the
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` 19 patterns are and the thickness of the -- I'm sorry --
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` 20 the -- there's a lens. The lens would also affect
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` 21 the -- the -- how relatively close or relatively closer
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` 22 they are. Let me think.
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` 23 Certainly, the alignment capability. Most
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` 24 alignment is machine alignment and machine -- how
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` 25 accurately it can sense and align the two patterns, the
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`Wendy Ward Roberts & Associates, Inc.
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`Page: 23
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`Deposition of Dr. Richard Blanchard
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`Taiwan Semiconductor Manufacturing Company vs. DSS
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` 1 one that was transferred in step "b" and the one that
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` 2 was transferred in step "d" with respect to each other.
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` 3 So those are three specific things.
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` 4 Q. How do you determine -- or how do you construe
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` 5 the word "relatively closer"?
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` 6 A. It's indefinite. Without having more
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` 7 information about how the specific -- about the process,
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` 8 such as the things I mentioned, photoresist, type of
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` 9 resist, thickness, et cetera, I'm not sure how to
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` 10 con- -- you know, what it's meaning is. It's
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` 11 indefinite.
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` 12 Q. I apologize. I'm just a little -- I'm a little
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` 13 confused on this. Just by analogy, would California be
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` 14 relatively closer to Alaska than Texas?
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` 15 A. I don't know without a map and some distance
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` 16 information. It might be.
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` 17 Q. I'm also a little bit confused on how the
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` 18 equipment -- I think it -- I don't want to characterize
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` 19 the answer. I apologize. I'm -- I don't understand how
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` 20 the equipment would affect whether something is
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` 21 relatively closer or not. Can you explain specifically
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` 22 the limitations of the equipment that would cause that?
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` 23
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