`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.
`(TSMC) and SAMSUNG ELECTRONICS, CO. LTD.
`Petitioner
`
`v.
`
`DSS TECHNOLOGY MANAGEMENT, INC.
`Patent Owner
`
`___________________
`
`Patent 5,652,084
`IPR2014-010301
`
`Title: METHOD FOR REDUCED PITCH LITHOGRAPHY
`
`_________________________________________________________
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`PETITIONERS’ OBJECTIONS TO PATENT OWNER’S
`DEMONSTRATIVES
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`1 Case IPR2014-01493 has been joined with this proceeding.
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`Petitioners’ Objections to Demonstratives
`IPR2014-01030
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`Pursuant to the Order for Oral Hearing (Paper 25, p. 3), Petitioners
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`respectfully object to slides 35-40, 45-46, and 48 of the Patent Owner’s
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`demonstratives proposed for the upcoming oral hearing on August 12, 2015 (Paper
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`8, Scheduling Order). In the Order for Oral Hearing, the Board has directed the
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`parties to St. Jude Medical, Cardiology Division, Inc. v. The Board of Regents of
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`the University of Michigan, IPR2013-00041 (PTAB January 27, 2014) (Paper 65),
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`for guidance regarding the appropriate content of demonstratives. The present
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`objections are provided in accordance with the Board’s Order for Oral Hearing and
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`the guidance from St. Jude.
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`Slides 35-40, 45-46, and 48 are objected to because they present new
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`arguments and argumentative characterizations, including previously un-cited
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`deposition testimony and/or new figures, that have never been previously presented
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`or discussed in any Paper of record, specifically:
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`Slides 35 and 40. Petitioners object to slides 35 and 40 because they present
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`new arguments based on previously un-cited deposition testimony of Patent
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`Owner’s expert Dr. Mack, regarding alleged differences between shifting a wafer
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`versus shifting a mask.
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`Slides 36-39. Petitioners object to slides 36-39 because they present new
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`arguments based on newly drafted figures (and for slides 37 and 39, previously un-
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`cited deposition testimony from Dr. Mack’s deposition), regarding alleged
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`1
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`
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`Petitioners’ Objections to Demonstratives
`IPR2014-01030
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`differences between shifting a wafer versus shifting a mask.
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`Slide 45. Petitioners object to slide 45 because it presents new
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`argumentative characterizations based on previously un-cited deposition testimony
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`from Dr. Mack’s deposition, regarding the teachings of Jinbo.
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`Slide 46. Petitioners object to slide 46 because it presents new
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`argumentative characterizations based on previously un-cited deposition testimony
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`from Dr. Mack’s deposition, regarding the description of the ‘084 patent abstract
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`and other embodiments described in the specification.
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`Slides 48 and 50. Petitioners object to slides 48 and 50 because they present
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`new arguments based on the file history of a patent related to the 084 Patent that
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`was not previously discussed or argued in any Paper of record.
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`The Petitioners request that the Board not consider or rely on any arguments
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`based on slides 35-40, 45-46, and 48, and further that the Board prohibit the Patent
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`Owner from using these slides, as well as verbally arguing the content thereof, at
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`the oral hearing on August 12, 2015.
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`Dated: August 10, 2015
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`Respectfully submitted,
`
`/David M. O’Dell/
`David M. O’Dell
`Lead Counsel for Petitioner TSMC
`Registration No. 42,044
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`2
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`Petitioners’ Objections to Demonstratives
`IPR2014-01030
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that I caused to be served a true
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`and correct copy of the foregoing “PETITIONERS’ OBJECTIONS TO PATENT
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`OWNER’S DEMONSTRATIVES”, as detailed below:
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`Date of service August 10, 2015
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`Manner of service Email: andriy.lytvyn@smithhopen.com
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`anton.hopen@smithhopen.com; IPR@smithhopen.com
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`christopher.marando@weil.com; brian.ferguson@weil.com;
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`jason.lang@weil.com
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`Persons Served Andriy Lytvyn and Anton Hopen
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`Christopher Marando, Jason Lang, and Brian Ferguson
`
`/David M. O’Dell/
`David M. O’Dell
`Registration No. 42,044
`
`3