`U.S. Patent No. 7,147,759
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`GLOBAL FOUNDRIES U.S., INC., GLOBALFOUNDRIES DRESDEN
`MODULE ONE LLC & CO. KG, GLOBALFOUNDRIES DRESDEN
`MODULE TWO LLC & CO. KG, and
`THE GILLETTE COMPANY
`
`Petitioners
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`v.
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`ZOND, LLC
`Patent Owner
`__________________
`
`Case IPR2014-010871
`Patent 7,147,759 B2
`__________________
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`
`ZOND LLC’S PATENT OWNER RESPONSE
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`1 Case IPR2014-00984 has been joined with the instant proceeding.
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`1
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`IPR2014-01087
`U.S. Patent No. 7,147,759
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`TABLE OF CONTENTS
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`I. INTRODUCTION .......................................................................................................................5
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`II. TECHNOLOGY BACKGROUND .........................................................................................11
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`A.
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`B.
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`Overview Of Magnetron Sputtering Systems. .............................................................11
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`The ’759 patent: Dr. Chistyakov invents a new magnetically enhanced
`sputtering source that creates a multi-step ionization process generating
`highly-ionized plasma from weakly ionized plasma without forming an arc
`discharge. .....................................................................................................................12
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`III. SUMMARY OF THE PETITIONER’S PROPOSED GROUNDS FOR REVIEW ..............15
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`IV. CLAIM CONSTRUCTION. ..................................................................................................15
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`A.
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`B.
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`The construction of “weakly ionized plasma” and “strongly ionized plasma.” ..........15
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`The construction of “multi-step ionization process”. ..................................................15
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`V. THE PETITIONERS CANNOT PREVAIL ON ANY CHALLENGED CLAIM OF
`THE ’759 PATENT. ...............................................................................................................16
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`A.
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`The Petition failed to demonstrate that a skilled artisan would have been
`motivated to combine the teachings of the prior art references to achieve the
`claimed invention of the ’759 patent with a reasonable expectation of success
`or that combining the teachings of the prior art would have led to predictable
`results. ..........................................................................................................................17
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`1.
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`Scope and content of prior art. ...............................................................................19
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`a.
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`b.
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`c.
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`Kudryavtsev – A. A. Kudryavtsev and V.N. Skerbov, Ionization
`relaxation in a plasma produced by a pulsed inert-gas discharge, Sov.
`Phys. Tech. Phys. 28(1), pp. 30-35, January 1983 (Ex. 1004), .......................19
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`Mozgrin (Ex. 1103). .........................................................................................22
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`Wang – U.S. Patent No. 6,413,382 (Exhibit 1005)..........................................25
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`2.
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`The Petitioner Fails To Show That It Would Have Been Obvious To
`Combine The Cylindrical Tube System Without A Magnet Of
`Kudryavtsev With Either The Mozgrin Or The Wang Magnetron System. ..........27
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`B.
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`The Petition fails to demonstrate how the alleged combinations teach every
`element of the challenged claims. ................................................................................39
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`2
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`IPR2014-01087
`U.S. Patent No. 7,147,759
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`The cited references do not teach generating “the voltage pulse with an
`amplitude and a rise time that increases an excitation rate of ground state
`atoms that are present in the weakly-ionized plasma to create a multi-step
`ionization process that generates a strongly-ionized plasma,” as recited in
`independent claim 1, or and as required by challenged claims 3, 5-9, 13-
`16, 19, 41-43, and 45 dependent therefrom. ..........................................................39
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`The cited references do not teach a “multi-step ionization process
`comprising exciting the ground state atoms to generate excited atoms, and
`then ionizing the excited atoms within the weakly-ionized plasma without
`forming an arc discharge,” as recited in claim 1 and as required by
`challenged claims 3, 5-9, 13-16, 19, 41-43, and 45 dependent therefrom. ............46
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`The Cited References Do Not Teach A “power supply that generates
`constant power,” As Recited In Dependent Claim 2. ............................................51
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`The Cited References Would Not Have Taught or Suggested That the
`“power supply generates a constant voltage,” As Recited In Dependent
`Claim 3. ..................................................................................................................53
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`The Cited References Would Not Have Taught or Suggested That “the rise
`time of the voltage pulse is chosen to increase the ionization rate of the
`excited atoms in the weakly-ionized plasma,” As Recited In Dependent
`Claim 6. ..................................................................................................................55
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`The Cited References Would Not Have Taught or Suggested That “the
`strongly-ionized plasma is substantially uniform proximate to the
`sputtering target,” As Recited In Dependent Claim 9............................................57
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`The Cited References Would Not Have Taught or Suggested That The
`“volume between the anode and the cathode assembly is chosen to
`increase the ionization rate of the excited atoms in the weakly-ionized
`plasma the strongly-ionized plasma is substantially uniform proximate to
`the sputtering target,” As Recited In Dependent Claim 13. ...................................58
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`VI. CONCLUSION.......................................................................................................................60
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`IPR2014-01087
`U.S. Patent No. 7,147,759
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`Exhibit List
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`Exhibit
`No.
`Ex. 2004 U.S. Patent 6,398,929 to Chiang
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`Description
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`Ex. 2005 Declaration of Dr. Hartsough, Patent Owner’s expert.
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`Ex. 2006 Sinha, Naresh, K., Control Systems, Holt, Rinehart and Winston,
`1986.
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`Ex. 2007 Eronini Umez-Eronini, System Dynamics and Control, Brooks Cole
`Publishing Co., CA, 1999, pp. 10-13.
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`Ex. 2008 Excerpts from Weyrick, Fundamentals of Automatic Control,
`McGraw-Hill Book Company, 1975.
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`Ex. 2009 Excerpts from Kua, Automatic Control, Prentice Hall Inc., 1987.
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`Ex. 2010 Transcript of deposition of Dr. Kortshagen, Petitioners’ expert, for
`the ‘759 patent
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`Ex. 2011 Transcript of deposition of Dr. Kortshagen, Petitioners’ expert, for
`the ‘142 patent
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`IPR2014-01087
`U.S. Patent No. 7,147,759
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`I. INTRODUCTION
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`The Petitioners’ arguments hinge on fanciful misreadings of the prior art
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`by their proffered expert, Dr. Uwe Kortshagen. As will be shown below,
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`neither Wang nor Kudryavtsev teaches choosing the amplitude and rise time of a
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`voltage pulse in order to increase the “excitation rate of ground state atoms . . .
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`to create a multi-step ionization process that generates a strongly-ionized
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`plasma. . . the multi-step ionization process comprising exciting the ground
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`state atoms to generate excited atoms and then ionizing the excited atoms
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`within the weakly-ionized plasma without forming an arc discharge,” as required
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`by the claims of the ’759 patent. Once the Board recognizes that Dr.
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`Kortshagen essentially invented some of the alleged “teachings” in Wang and
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`Kudryavtsev to suit the Petitioners’ objectives, the Board should agree to
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`confirm the challenged claims.
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`Neither Wang nor Kudryavtsev teaches the claimed voltage pulse. The
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`’759 patent discloses carefully designing the amplitude and rise time of a
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`voltage pulse. The patent shows that, with proper control of the voltage
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`amplitude and rise time, the inventor, Dr. Chistyakov, was able to ignite a
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`plasma without arcing, rapidly grow that plasma to a high density, and sustain
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`U.S. Patent No. 7,147,759
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`that density for a relatively long duration, again all without arcing.2 Dr.
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`Kortshagen and Petitioners erroneously argue that incidental, uncontrolled
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`variations in voltage that occur in Wang and Kudryavtsev meet this limitation.
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`Importantly, Wang’s system controls the power of its pulses to a constant
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`target level, as opposed to the claimed choice of voltage pulse amplitude and rise
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`time in order to avoid arcing during the transition to a strongly ionized plasma.
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`Constant power pulses, such as used in Wang, have a voltage and current that
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`will vary uncontrollably as the system attempts to control the power (i.e., the
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`product of voltage and current) to a desired level. Since such power supplies
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`are designed to control the product of voltage and current to a target level, and
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`not voltage, the power supplies will allow the voltage to reach extremely high
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`values when the current is near zero (e.g., before plasma ignition or at low
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`plasma densities) in an attempt to achieve the target power level.3 Moreover,
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`despite Petitioners’ assertions, Wang’s teachings of arc reduction during
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`ignition are inapposite to the ’759 patent’s requirement of avoiding arcing
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`during the rapid increase in electron density and a formation of the strongly-
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`ionized plasma.
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`2 Exhibit 2005, Dr. Hartsough’s Declaration, ¶¶ 122-127.
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`3 Exhibit 1205, Wang, col. 5, ll 32–33; IPR2014-00799, Exhibit 2014, DeVito
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`Deposition, p. 212, l. 23 – p. 215, l. 3.
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`U.S. Patent No. 7,147,759
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`Dr. Kortshagen and Mr. Devito (Petitioners’ other purported expert for
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`other petitions) disagree as to the import of the very technical and difficult
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`Kudryavtsev reference, but somehow coincidentally arrive at identical
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`opinions. Dr. Kortshagen testified that it is Kudryavtsev’s mathematical
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`model that has wide applicability,4 whereas Mr. DeVito testified that he did
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`not rely on the equations at all, but instead relied upon the experimental results
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`of Kudryavtsev.5 Petitioners’ experts’ opinions on Kudryavtsev are contrived.
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`As explained by Patent Owner’s expert, Dr. Hartsough, the experiment of
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`Kudryavtsev is a flash tube that is designed to apply a high voltage across an
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`inert gas, resulting in a brilliant flash of light for a short duration. Flash tubes
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`apply a voltage greater than the breakdown voltage, which may initiate the
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`flash by an arc. Dr. Kortshagen, like Mr. DeVito, did not consider this aspect
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`of Kudryavtsev’s system at all.
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`Finally, Dr. Kortshagen testified that he understands the Board’s
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`construction of the terms “strongly ionized plasma” and “weakly ionized
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`plasma” to require a range of absolute magnitudes in peak density of ions,
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`4 Exhibit 2011, Kortshagen Deposition (12.4.14), p. 50, ll. 9-21.
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`5 IPR2014-00799, Ex. 2014, DeVito Deposition, p. 237, l. 19 – p. 241, l. 2; p.
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`307, l. 24 – p. 309, l. 18.
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`U.S. Patent No. 7,147,759
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`(namely, equal to or greater than 1012 and equal to or less than 109,
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`respectively).6 But Dr. Kortshagen acknowledges that neither Wang nor
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`Kudryavtsev disclose a magnitude for the peak density of ions.7 Thus,
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`according to Dr. Kortshagen’s interpretation, it is impossible to conclude that
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`either Wang or Kudryavtsev teach a strongly ionized plasma at all.
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`The Board should disregard Dr. Kortshagen’s opinions—without which,
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`Petitioners’ arguments have no support—and confirm the challenged claims.
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`Once the prior art is properly understood, the Board will see that it is missing
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`key claim limitations, namely the choice of voltage amplitude and rise time
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`and absence of arcing in the transition from a weakly ionized plasma to a
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`highly ionized plasma.
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`6 See Exhibit 2010, Kortshagen Deposition, p. 44, l. 13 – p. 58, l. 12
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`(Interestingly, this opinion conflicts with that of Mr. Devito—Petitioner’s other
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`expert—who requires that a strongly-ionized plasma have a peak density of
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`ions that is 3-4 orders of magnitude greater than a weakly ionized plasma.
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`IPR2014-00799, Exhibit 2014, DeVito Deposition, p. 169, l. 10 – p. 170, l. 25;
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`p. 225, l, 23 – p. 226, l. 3).
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`7 IPR2014-00799, Exhibit 2014, Kortshagen Deposition, p. 212, ll. 20-22; p.
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`216, l. 2 – p. 217, l. 21; p. 154, l. 23 – p. 155, l. 15.
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`U.S. Patent No. 7,147,759
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`In addition to missing key limitations, Petitioners’ obviousness rejections
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`are all predicated on the false assumption that a skilled artisan could have
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`achieved the particular type of magnetically enhanced sputtering source
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`structure and voltage pulse to achieve the multi-step ionization process without
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`arcing as recited in the claims of the ‘759 patent by combining the teachings of
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`Wang and Kudryavtsev. These references disclose very different structures
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`and processes. Wang teaches a “small magnetron of area less than 20% of the
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`target area rotating about the target center.”8 Kudryavtsev teaches a different
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`type of discharge device configuration for lasers in which the “discharge
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`occurred inside a cylindrical tube of diameter 2R = 2.5 cm and the distance
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`between the electrodes was L = 52 cm.”9 Kudryavtsev’s system does not even
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`have a magnet or a sputtering source.
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`And the Petitioners set forth no evidence that the structure and process
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`of Wang would produce the particular multi-step ionization process and
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`magnetically enhanced sputtering source of the ’759 patent if Wang were
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`somehow modified by the teachings of a laser having a very different structure
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`and process in Kudryavtsev. That is, the Petitioners did not show that a
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`8 Exhibit 1205, Wang, Abstract.
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`9 Exhibit 1204, Kudryavtsev, at 32, right col. ¶5.
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`U.S. Patent No. 7,147,759
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`“skilled artisan would have been motivated to combine the teachings of the
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`prior art references to achieve the claimed invention, and that the skilled
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`artisan would have had a reasonable expectation of success in doing so.”10
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`Indeed, the mathematical model that Dr. Kortshagen relied upon in
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`Kudryavtsev could not be directly applied to Wang because, as Dr. Kortshagen
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`testified, (1) he could not be sure that all of the assumptions made in deriving
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`Kudryavtsev’s model held true for Wang; and (2) Wang does not disclose a
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`number of variables needed so that person of ordinary skill in the art could
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`make use of Kudryavtsev’s equations.11 The Board has consistently rejected
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`grounds of rejections in IPR proceedings when the Petition fails to identify any
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`objective evidence such as experimental data tending to establish that two
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`different structures or processes can be combined.
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`For these reasons as expressed more fully below, none of the
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`challenged claims of the ‘759 patent are obvious.
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`10 OSRAM Sylvania, Inc. v. Am Induction Techs., Inc., 701 F.3d 698, 706 (Fed.
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`Cir. 2012).
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`11 Exhibit 2011, Kortshagen Deposition (12.04) at p. 153, l. 9 – p. 158, l. 10.
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`II. TECHNOLOGY BACKGROUND
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`A. Overview Of Magnetron Sputtering Systems.
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`Sputtering systems generate and direct ions from plasma “to a target
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`surface where the ions physically sputter target material atoms.”12 Then,
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`“[T]he target material atoms ballistically flow to a substrate where they deposit
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`as a film of target material.13 “The plasma is replenished by electron-ion pairs
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`formed by the collision of neutral molecules with secondary electrons
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`generated at the target surface.”14
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`A planar magnetron sputtering system is one type of sputtering system.15
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`“Magnetron sputtering systems use magnetic fields that are shaped to trap and
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`to concentrate secondary electrons, which are produced by ion bombardment
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`of the target surface.”16 “The trapped electrons enhance the efficiency of the
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`discharge and reduce the energy dissipated by electrons arriving at the
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`substrate.”
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`12 Ex. 1101, col. 1, ll. 9-11.
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`13 Id. at col. 1, ll. 11-13.
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`14Id. at col. 1, ll. 32-34.
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`15 Id. at 1, ll. 36-54.
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`16 Id. at col. 1, ll. 36-38.
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`U.S. Patent No. 7,147,759
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`But prior art planar magnetron sputtering systems experienced “non-
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`uniform erosion or wear of the target that results in poor target utilization.”17
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`To address these problems, researchers increased the applied power and later
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`pulsed the applied power.18 But increasing the power increased “the
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`probability of establishing an undesirable electrical discharge (an electrical arc)
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`in the process chamber.”19 And “very large power pulses can still result in
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`undesirable electrical discharges and undesirable target heating regardless of
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`their duration.”20
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`B. The ’759 patent: Dr. Chistyakov invents a new magnetically enhanced
`sputtering source that creates a multi-step ionization process generating
`highly-ionized plasma from weakly ionized plasma without forming an
`arc discharge.
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`To overcome the problems of the prior art, Dr. Chistyakov invented a
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`magnetically enhanced sputtering source having a particular structure of an
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`anode, cathode, ionization source, magnet and power supply generating a
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`particular type of voltage pulse to perform a multi-step ionization process
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`without forming an arc discharge as recited in independent claim 1 and as
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`illustrated in Fig. 2 of the ’759 patent, reproduced below:
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`17 Id. at col. 2, ll. 57-59.
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`18 Id. at col. 1, l. 60 to col. 2, l. 9.
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`19 Id. at col. 2, ll. 63-67.
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`20 Id. at col. 3, ll. 7-9.
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`As illustrated by FIG. 2, Dr. Chistyakov’s magnetically enhanced sputtering
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`source includes an anode 238 and a cathode assembly 216. The anode 238 is
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`positioned adjacent to the cathode assembly “so as to form a gap 244 between
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`the anode 238 and the cathode assembly 216 that is sufficient to allow current
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`to flow through a region 245 between the anode 238 and the cathode assembly
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`216.”21 The gap 244 and the total volume of region 245 are parameters in the
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`21 Id. at col. 5, ll. 40-43.
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`U.S. Patent No. 7,147,759
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`ionization process.”22 The “cathode assembly 216 includes a cathode 218 and
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`a sputtering target 220 composed of target material.”23 “[T]he pulsed power
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`supply 234 is a component in an ionization source that generates the weakly-
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`ionized plasma.”24 “The pulsed power supply applies a voltage pulse between
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`the cathode assembly 216 and the anode 238.”25 “The amplitude and shape of
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`the voltage pulse are such that a weakly-ionized plasma is generated in the
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`region 246 between the anode 238 and the cathode assembly 216.”26 “The
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`peak plasma density of the pre-ionized plasma depends on the specific
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`magnetron sputtering system and is a function of the location of the
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`measurement in the pre-ionized plasma.”27
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`Thus, Dr. Chistyakov accomplished his breakthrough of achieving a
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`multi-step ionization process without forming an arc discharge by inventing a
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`particular magnetically enhanced sputtering source having a particular
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`structure of interconnected components with a carefully chosen amplitude and
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`rise time of the applied voltage pulse.
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`22 Id. at col. 5, ll. 47-49.
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`23 Id. at col. 4, ll. 58-60.
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`24 Id. at col. 6, ll. 22-24.
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`25 Id. at col. 6, ll. 24-26.
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`26 Id. at col. 6, ll. 28-30.
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`27 Id. at col. 6, ll. 35-38.
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`III. SUMMARY OF THE PETITIONER’S PROPOSED GROUNDS FOR
`REVIEW
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`For the Board’s convenience, below is a summary of the proposed grounds
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`of rejection that are pending in this IPR proceeding:
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`1. Claims 2, 3, 5–9, 13–15, 19, and 41–43: Obvious under § 103(a)
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`over the combination of Wang and Kudryavtsev; and
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`2. Claims 16 and 45: Obvious under § 103(a) over the combination
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`of Wang, Kudryavtsev, and Mozgrin.
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`IV. CLAIM CONSTRUCTION.
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`A. The construction of “weakly ionized plasma” and “strongly ionized
`plasma.”
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`The Board construed “strongly ionized plasma” as “a plasma with a
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`relatively high peak density of ions.”28 The Board construed “weakly ionized
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`plasma” as “a plasma with a relatively low peak density of ions.”29
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`B. The construction of “multi-step ionization process”.
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` The Board construed “multi-step ionization process” as “an ionization
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`process having at least two distinct steps.”30
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`28 Institution Decision, Paper No. 9, p. 9.
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`29 Id.
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`30 Id. at 10.
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`V. THE PETITIONERS CANNOT PREVAIL ON ANY CHALLENGED
`CLAIM OF THE ’759 PATENT.
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`Differences between the challenged claims and the prior art are critical
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`factual inquiries for any obviousness analysis and must be explicitly set forth
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`by the Petitioner.31 The bases for rejection under 35 U.S.C. § 103 must be
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`made explicit.32 Thus, a Petition seeking to invalidate a patent as obvious must
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`demonstrate that a “skilled artisan would have been motivated to combine the
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`teachings of the prior art references to achieve the claimed invention, and that
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`the skilled artisan would have had a reasonable expectation of success in doing
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`so.”33 The Petition’s evidence must also address every limitation of every
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`challenged claim.
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`Here, the Board should decline to cancel any of the challenged claims
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`because (i) the Petition failed to demonstrate that a skilled artisan would have
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`been motivated to combine the teachings of the prior art references to achieve
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`the claimed invention of the ’759 patent, and that the skilled artisan would
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`have had a reasonable expectation of success in doing so or that combining the
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`teachings of the prior art would have led to predictable results, and (ii) the
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`31 See Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17 (1966).
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`32 MPEP § 2143.
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`33 OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc., 701 F.3d 698, 706 (Fed.
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`Cir. 2012).
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`U.S. Patent No. 7,147,759
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`Petition failed to demonstrate that the prior art teaches every element of the
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`challenged claims.
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`A. The Petition failed to demonstrate that a skilled artisan would have
`been motivated to combine the teachings of the prior art references to
`achieve the claimed invention of the ’759 patent with a reasonable
`expectation of success or that combining the teachings of the prior art
`would have led to predictable results.
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`The Petitioners cannot prevail on any of the grounds of rejection
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`pending in this IPR because the Petitioners failed to demonstrate that any of
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`the challenged claims are obvious. Generally, a party seeking to invalidate a
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`patent as obvious must demonstrate that a “skilled artisan would have been
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`motivated to combine the teachings of the prior art references to achieve the
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`claimed invention, and that the skilled artisan would have had a reasonable
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`expectation of success in doing so.”34 This is determined at the time the
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`invention was made.35 This temporal requirement prevents the “forbidden use
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`34 See Proctor & Gamble Co. v. Teva Pharm. USA, Inc., 566 F.3d 989, 995 (Fed.
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`Cir. 2009) (“To decide whether risedronate was obvious in light of the prior
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`art, a court must determine whether, at the time of invention, a person having
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`ordinary skill in the art would have had ‘reason to attempt to make the
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`composition’ known as risedronate and ‘a reasonable expectation of success in
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`doing so.’”) (emphasis added).
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`35 Id.
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`U.S. Patent No. 7,147,759
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`of hindsight.”36 Rejections for obviousness cannot be sustained by mere
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`conclusory statements.37 “Petitioner[s] must show some reason why a person of
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`ordinary skill in the art would have thought to combine particular available
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`elements of knowledge, as evidenced by the prior art, to reach the claimed
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`invention.”38 Inventions are often deemed nonobvious (and thus patentable)
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`even when all of the claim elements are individually found in the prior art
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`because an “invention may be a combination of old elements.”39 The
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`motivation to combine inquiry focuses heavily on “scope and content of the
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`36 See Mintz v. Dietz & Watson, Inc., 679 F.3d 1372, 1379 (Fed. Cir. 2012)
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`(“Indeed, where the invention is less technologically complex, the need for
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`Graham findings can be important to ward against falling into the forbidden
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`use of hindsight.”).
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`37 See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 418 (2007) (“[R]ejections on
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`obviousness grounds cannot be sustained by mere conclusory statements;
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`instead, there must be some articulated reasoning with some rational
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`underpinning to support the legal conclusion of obviousness”).
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`38 Heart Failure Technologies, LLC v. Cardiokinetix, Inc., IPR2013-00183, Paper 12
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`at 9 (P.T.A.B. July 31, 2013) (citing KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398,
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`418 (2007)) (emphasis in original).
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`39 Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1321
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`(Fed. Cir. 2005).
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`prior art” and the “level of ordinary skill in the pertinent art” aspects of the
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`Graham factors.40 The Petition did not address either factor.
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`1.
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`Scope and content of prior art.
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`Any obviousness analysis requires a consideration of the scope and
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`content of the prior art and the differences between the prior art and the
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`claims.41 The Petition does not offer any explanation of the scope or content of
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`the cited references. The proposed obviousness rejections of the challenged
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`claims in the Petition are based on the combinations of Wang and
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`Kudryavtsev, and Wang, Kudryavtsev, and Mozgrin. These references are
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`summarized below.42
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`a. Kudryavtsev – A. A. Kudryavtsev and V.N. Skerbov,
`Ionization relaxation in a plasma produced by a pulsed
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`40 Alza Corp. v. Mylan Labs., Inc., 464 F.3d 1286, 1290 (Fed. Cir. 2006) (“We
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`further explained that the ‘motivation to combine’ requirement ‘[e]ntails
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`consideration of both the ‘scope and content of the prior art’ and ‘level of
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`ordinary skill in the pertinent art’ aspects of the Graham test.’”).
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`41 See MPEP § 2141.01, 2141.02.
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`42 Petition at 2.
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`inert-gas discharge, Sov. Phys. Tech. Phys. 28(1), pp. 30-
`35, January 1983 (Ex. 1004),
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`Kudryavtsev discloses a mathematical model of ionization relaxation
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`using a system of equations.43 Kudryavtsev was “mainly interested in
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`analyzing the buildup of ne [the electron density] and the behavior of the
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`spatial distribution of ne during the relaxation process.”44 Kudryavtsev
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`includes a “[D]iagram showing the relative sizes of the electron fluxes in terms
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`of the atomic energy levels.”45 Kudryavtsev performs experiments with
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`ionization relaxation and compares the experimental results with the model.46
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`To perform the experiments, Kudryavtsev used a device including electrodes
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`and “a cylindrical tube of diameter 2R = 2.5 cm.”47 “[T]he distance between
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`the electrodes was L = 52 cm.”48 “The gas was pre-ionized by applying a dc
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`43 Kudryavtsev, Ex. 1104 p. 30, Abstract.
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`44 Id. p. 30, col. 1, ¶ 2.
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`45 Id. at Fig. 1 caption.
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`46 Id. p. 30, col. 2, ¶ 3 - p. 34, col. 2, ¶ 3.
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`47 Id. p. 32, col. 2, ¶ 4.
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`48 Id.
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`current iP =0.5 – 20 mA.”49 “The initial density ne0 on the axis varied in the
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`range 5 109 – 4 * 1011 cm-3.”50
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`Significantly, Kudryavtsev makes no mention of a magnet, a magnetic
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`field or sputtering, let alone a magnetically enhanced sputtering source, as
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`disclosed and claimed in the ’759 patent.51 Kudryavtsev also makes no
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`mention of an anode.52 Kudryavtsev does not disclose that a cathode assembly
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`is positioned adjacent to the anode, in sharp contrast to the positioning of the
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`cathode assembly and anode in the ’759 patent. Instead, the electrodes in
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`Kudryavtsev are spaced by a distance of 52 cm,53 about ten times the midpoint
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`of the range of distances between the anode and cathode disclosed in the ‘759
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`patent (i.e., 0.3 cm – 10 cm).54 Kudryavtsev does not disclose that an
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`ionization source generates a weakly-ionized plasma proximate to the anode
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`and the cathode assembly; it instead measures the electron density on the axis
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`of the cylinder.55 That is, Kudryavtsev discloses a very different device than
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`49 Id.
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`50 Id.
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`51 See e.g., id. p. 30-35.
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`52 See e.g., id. p. 32.
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`53 Id. p. 32, col. 2, ¶ 4.
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`54 ‘759 patent, Ex. 1101, col. 5, ll. 44-45.
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`55 Id. p. 32, col. 2, ¶ 4.
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`the magnetically enhanced sputtering source that is disclosed and claimed in
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`the ‘759 patent and as a result, does not disclose many of the limitations
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`recited in independent claim 1 of the ’759 patent or the claims dependent
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`therefrom.
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`b.
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` Mozgrin (Ex. 1103).
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`Mozgrin relates to “high-power quasi-stationary low-pressure discharge
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`in a magnetic field.”56 “Two noncontracted discharge regimes in crossed E
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`and H fields were studied.”57 The study used two “[d]ischarge device
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`configurations: (a) planar magnetron; (b) shaped-electrode configuration.”58
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`The planar magnetron included “a plane cathode 120mm in diameter and a
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`ring-shaped anode 160 mm in diameter.”59 “The system with shaped
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`electrodes involved to hollow axisymmetrical electrodes 120 mm in diameter
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`separated by about 10mm, and immersed in a cusp-shaped magnetic field
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`produced by oppositely directed multilayer coils.”60
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`56 Exhibit 1103, Mozgrin, p. 400, Abstract.
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`57 Id.
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`58 Id. at p. 401, Figs. 1a and 1b.
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`59 Id. p. 400, col. 2, ¶ 4.
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`60 Id. p. 401, col. 1, ¶ 2.
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