throbber
BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`
`
`
`
`
`KINGBRIGHT ELECTRONICS CO. LTD.,
`KINGBRIGHT CORP., SUNLED CORP.,
`KINGBRIGHT COMPANY LLC, SUNLED COMPANY LLC, and
`SUNSCREEN CO. LTD.
`Petitioners
`
`v.
`
`CREE, INC.
`Patent Owner
`
`__________________
`
`
`
`Case IPR2015-00750, IPR2015-00751
`Patent 8,362,605
`
`__________________
`
`
`
`PATENT OWNER CREE, INC.’S RESPONSE
`UNDER 37 C.F.R. § 42.120
`
`
`DECLARATION OF LEONARD W. SCHAPER
`
`!
`
`
`
`!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`I, Leonard W. Schaper, declare and state on oath as follows:!
`
`1.
`
`I have been retained by counsel for Plaintiff Cree, Inc. I submit
`
`this declaration in support of Cree’s position that the claims of the 8,362,605
`
`patent are valid.
`
`
`I.
`
`Qualifications and Experience
`
`2.
`
`A copy of my curriculum vitae (“CV”) and list of prior expert
`
`testimony is attached hereto as Appendix A. As demonstrated by my CV, I
`
`hold a Master’s degree in Electrical Engineering from the Massachusetts
`
`Institute of Technology (“MIT”) (1968), where I received the National
`
`Defense Education Act Title IV Fellowship. I also hold a Doctorate in
`
`Engineering Science from the New Jersey Institute of Technology (1973). I
`
`was a Professor of Electrical Engineering at the University of Arkansas from
`
`1992 to 2008. In 2009, I became Professor Emeritus of Electrical
`
`Engineering at the University of Arkansas. From 1992 to 2002, I also served
`
`as the Director of the High Density Electronics Center (HiDEC) at the
`
`University of Arkansas. Before joining the University of Arkansas in 1992,
`
`I worked in industry at AT&T Bell Laboratories for more than a decade. I
`
`am a Fellow of the IEEE (Institute of Electrical and Electronics Engineers).
`
`3.
`
`I have extensive experience with chip packages, including
`
`leadframe-based surface mount packages. I was an expert witness in a
`
`!
`!
`
`1!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`leadframe packaging case involving quad flat no leads (QFN) packages, ITC
`
`Investigation No. 337-TA-501, filed 12/19/2003. I was engaged as an expert
`
`witness on behalf of Amkor. I wrote an expert report, was deposed, and
`
`testified.
`
`4.
`
`For many years I taught the graduate course sequence in
`
`electronic packaging, including the material on single chip packaging, at the
`
`University of Arkansas. I have two patents in optoelectronic components:
`
`4,896,937 and 5,000,532.
`
`5.
`
`I also have over 320 journal articles, proceedings papers, and
`
`presentations that I have authored or co-authored.
`
`II.
`
` The ’605 Patent
`6.
`
`US Patent 8,362,605 (the ’605 patent) was applied for on
`
`November 9, 2009, and issued on January 29, 2013. The patent claims
`
`priority to an earlier application date of April 26, 2006. The inventors are
`
`Jian Hui Xhi and Siu Cheong Cheng. The patent has 38 claims.
`
`7. The abstract of the ’605 patent is reproduced below:
`
`!
`!
`
`2!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`8.
`
`In general terms, the patent claims describe the geometry of the
`
`leadframe parts (plurality of electrodes) both inside and outside the casing.
`
`A representative view of these parts within the casing is shown in Figure 2,
`
`reproduced below:
`
`!
`!
`
`
`
`3!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`9.
`
`In this figure element 100 refers to the surface mount device,
`
`105 is the casing (shown with dotted lines,) 110 the first electrode to which
`
`the chip will be mounted, 115 the second electrode, and 135 the first surface
`
`of casing 105. After they emerge from the casing, electrodes 110 and 115 are
`
`bent around the casing so that their ends, such as element 205, lie underneath
`
`the first surface 135. These lead ends are designed to be soldered to a PWB.
`
`A recess 125 (shown in Fig 1) extends from the front of the device into
`
`casing 105 to expose parts of electrodes 110 and 115.
`
`10. Figure 3 shows the geometric details of elements 110 and 115:
`
`11.
`
`In order to keep the two electrodes separate, there is an
`
`
`
`insulation gap 370 between them. First electrode 110 includes a “chip carrier
`
`part” 120 where the chip will be mounted. In this embodiment, it includes
`
`!
`!
`
`4!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`protrusions or extension portions 335 and 340, first and second lead portions
`
`320 and 325, separated by aperture 345, and a joined lead portion 330 that is
`
`bent at 305 and 310 after exiting the casing 105. The width of this joined
`
`portion is element 331; this width is maintained after the joined lead portion
`
`exits the casing.
`
`12. The second electrode 115 includes first and second lead
`
`portions 322 and 327, and joined lead portion 332 that is bent at 307 and
`
`312. The width of this joined portion is element 333; this width is
`
`maintained after the joined lead portion exits the casing. Elements 337 and
`
`342 are called the “head ends” of lead portions 352 and 357, which are
`
`separated by “inlet” 347.
`
`13. The electrodes in this embodiment also have “indentations”
`
`360, 365, 362 and 367, which narrow the width of the electrodes in the
`
`vicinity of aperture 345 and inlet 347.
`
`III.
`
` Opinion Regarding Patentability of ’605 Patent Over Asserted
`Prior Art
`
`14.
`
`I have reviewed the following materials filed in IPR2015-00750
`
`(“750 IPR”) and IPR2015-00751 (“751 IPR”):
`
`a. Petitions (Papers 3 in their respective matters)
`
`!
`!
`
`b. Patent Owner Preliminary Response (Papers 7 in their
`
`respective matters)
`
`5!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`c. Institution Decision (Papers 8 in their respective matters)
`
`d. U.S. Patent No. 6,376,902 B1 (“Arndt I”) (Ex. 1002 (750
`
`IPR), Ex. 1102 (751 IPR))
`
`e. U.S. Publication No. 2004/0188790 A1 (“Arndt II”) (Ex.
`
`1003 (750 IPR), Ex. 1103 (751 IPR))
`
`f. PCT Publication No. WO 2004/027882 A2 (“Sorg”) (Ex.
`
`1004 (750 IPR), Ex. 1104 (751 IPR))
`
`g. U.S. Publication No. 2004/0262717 A1 (“Arndt III”) (Ex.
`
`1005 (750 IPR), Ex. 1105 (751 IPR))
`
`h. 605 File History 2012-3-12 Rejection (Ex. 2001)
`
`i. 605 File History 2012-5-31 Reply (Ex. 2002)
`
`j. 605 File History 2012-9-17 Notice of Allowance (Ex.
`
`2003)
`
`15. Based on these documents, it is my understanding that
`
`Petitioners have asserted that various claims of the ’605 Patent are
`
`anticipated or obvious over a number of references. Further, it is my
`
`understanding that the Patent Trial and Appeal Board (“PTAB”) has
`
`instituted inter partes review on a subset of these grounds. Specifically, the
`
`PTAB has instituted inter partes review on the following grounds:
`
`!
`!
`
`6!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`a. Claims 18-21, 24-31, 34, and 36-38 as unpatentable
`under § 102(b) as anticipated by Arndt I.
`b. Claims 25-31, 33-36, and 38 as unpatentable under §
`102(b) as anticipated by Arndt II.
`c. Claims 1, 2, 9-12, and 15 as unpatentable under § 102(b)
`as anticipated by Arndt III.
`d. Claims 1-3, 8, 9, 13-16, 25-29 and 31-38 as unpatentable
`under § 102(b) as anticipated by Sorg.
`
`16. Based on my review of these references, the ’605 Patent, and
`
`the items listed above, it is my opinion that none of these references
`
`anticipate any of the claims of the ’605 Patent on which the PTAB has
`
`instituted inter partes review. In addition to these particular references, my
`
`opinion is based on my experience in the field of the invention.
`
`17.
`
`It is my understanding that for a claim to be anticipated, each
`
`and every limitation of that claim must be disclosed in a single prior art
`
`reference. As detailed below, I have determined that at least one limitation
`
`of each relevant claim is not disclosed by the asserted prior art reference.
`
`The fact that I do not specifically address a particular limitation does not
`
`mean I am of the opinion that it is disclosed by the reference.
`
`18.
`
`It is my understanding that if a claim is not anticipated, no
`
`claim that depends from that claim is anticipated.
`
`7!
`
`!
`!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`A.
`
` Arndt I does not anticipate claims 18, 25, and 29 or their
`dependent claims.
`
`19. Arndt I was raised by the examiner during prosecution of the
`
`’605 Patent, as part of a rejection that included claims 18, 25, and 29. Ex.
`
`2001 at 6-7 (Mar. 12, 2012 Non-Final Rejection).
`
`20. At the time of the rejection, claim 18 included the following
`
`language:
`
`“said first electrode comprising a plurality of leads
`extending away from said chip carrier part, with a
`first and second of said leads generally extending
`in a first direction away from said chip carrier part,
`and a third lead extending in a second direction
`away from said chip carrier part.”
`Ex. 2002 at 6.
`
`21. At the time of the rejection, claim 25 included the following
`language:
`
`“a plurality of electrodes at least partially encased
`by said casing, wherein at least one of said
`electrodes divides into a plurality of leads;”
`Ex. 2002 at 7.
`
`22. At the time claim 29 included the following language:
`
`
`“a plurality of electrodes at least partially encased
`by said casing,”
`Ex. 2002 at 8.
`
`!
`!
`
`8!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`23.
`
`In rejecting these claims, the examiner referred, in part, to
`
`Figure 1A of Arndt I:
`
`
`
`See Ex. 2001 at 6-7.
`
`24. The examiner noted that the specification of Arndt I described
`
`leads extending from the chip carrier part as recited in claims 18, 25, and 29,
`
`as they were then written. Ex. 2001 at 7-8.
`
`25.
`
`In response to the examiner’s rejection of claims 18, 25, and 29,
`
`the applicants amended them to include the limitation that “such that said
`
`chip carrier part widens as said chip carrier part extends toward and into said
`
`leads.” Ex. 2002 at 6-8. As noted by the applicants, Arndt I does not
`
`describe or depict such widening. Id. at 13-15. Figure 4 of the ’605 Patent,
`
`reproduced below with added annotations, shows an exemplary embodiment
`
`of the chip carrier part widening as it splits into the leads.
`
`9!
`
`!
`!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`26. Another embodiment of widening is shown in Figure 8 of the
`
`’605 Patent. The applicants pointed out that “[t]he widening of this
`
`particular region of the first electrode is beneficial as it can positively affect
`
`heat dissipation, allow for formation of additional structures such as an
`
`extension indentation (746), and can assist in the positioning and/or maintain
`
`of the structural integrity of the surface mounted device.” Ex. 2002 at 13.
`
`Along with this amendment, applicants noted that Arndt I was “relatively
`
`silent as to dimensions regarding the chip carrier part of the electrode” and
`
`“[t]he figures in Arndt also do not depict such widening.” Id. at 12-13.
`
`With this amendment, claims 18, 25, and 29 were allowed. Ex. 2003 (Sept.
`
`17, 2012 Notice of Allowance). Figure 8 is reproduced below.
`
`!
`!
`
`10!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`27.
`
`It is my opinion that one of ordinary skill in the art, taking into
`
`account the prosecution history, would understand that the chip carrier part
`
`of Arndt I does not widen as it splits into leads. Instead as shown below, the
`
`purported “widening” asserted by Petitioners is merely the result of the
`
`splitting of the chip carrier part into a plurality of leads. The leads in
`
`question are elements 4, 5, and 6. They split off from the chip carrier part,
`
`which is shaded below in red. It is the leads themselves that widen, not the
`
`chip carrier part.
`
`!
`!
`
`11!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`
`
`28. The widening limitation added to claims 18, 25, and 29 requires
`
`a widening of the chip carrier part before the leads split off at an angle or to
`
`the side. This widening described in the claims is shown in Figure 4 of the
`
`’605 Patent, reproduced below with widening identified in red.
`
`!
`!
`
`12!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`29. The structure shown in Arndt I does not achieve the benefits of
`
`the widened structure described in the claims, such as providing increased
`
`stability or heat dissipation from the electronic element. ’605 Patent, col. 3,
`
`ll. 24-26, col. 12, ll. 21-24, 52-57. For example, the area identified as
`
`widening by Petitioners does not allow for an extension indention, depicted
`
`as 746 in Figure 8 of the ’605 Patent, reproduced below.
`
`!
`!
`
`13!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`30. Thus, for the reasons described above, Arndt I does not
`
`anticipate claims 18-21, 24-31, 34, and 36-38.
`
` Arndt II does not anticipate claims 25 and 29 or their B.
`
`
`dependent claims.
`
`31. Petitioners point to Figure 1a of Arndt II as purportedly
`
`disclosing the widening limitation of claims 25 and 29. Paper 3 (751 IPR) at
`
`14. That figure is reproduced below.
`
`!
`!
`
`14!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`32. As with Arndt I, Figure 1a of Arndt II does not disclose an
`
`electrode that widens as it extends into the plurality of leads. Instead, the
`
`purported widening is the result of the splitting into, and turning of, the
`
`plurality of leads. If anything, large electrode 2 narrows as it necks down
`
`and becomes leads 11, which then widen as they turn.
`
`33. As described in detail above, the widening recited in claims 25
`
`and 29 refers to widening beyond the structure that necessarily occurs when
`
`leads split and turn, as shown in Figure 4 of the ’605 Patent, reproduced
`
`below with widening identified in red.
`
`!
`!
`
`15!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`34. As with Arndt I, the structure shown in Arndt II does not
`
`achieve the benefits of the widened structure described in the claims, such as
`
`providing increased stability or heat dissipation from the electronic element.
`
`’605 Patent, col. 3, ll. 24-26, col. 12, ll. 21-24, 52-57. For example, the
`
`widening described in the claims allows for an extension indention, depicted
`
`as 746 in Figure 8 of the ’605 Patent. As would be understood by a person
`
`of ordinary skill in the art, Arndt II does not disclose an electrode that
`
`widens as it extends into a plurality of leads.
`
`!
`!
`
`16!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`35. Thus, for the reasons discussed above, Arndt II does not
`
`anticipate claims 25-31, 33-36, and 38.
`
`C.
`
` Arndt III does not anticipate claim 1 or its dependent
`claims.
`
`36. Claim 1 recites a first electrode portion “dividing into a first
`
`plurality of leads as it extends away from said chip carrier part toward
`
`the perimeter of said casing, with said first plurality of leads joining into a
`
`single joined lead portion before said first electrode portion projects
`
`outside of said casing.” (emphasis added).
`
`37. Under the proper interpretation of “lead,” a person of ordinary
`
`skill in the art would not consider Arndt III as disclosing a first electrode
`
`portion dividing into a first plurality of leads as it extends away from said
`
`chip carrier part. Arndt III discloses a single connection strip 2b that
`
`Petitioners characterize as a plurality of leads based on the presence of holes
`
`6b and 6c in connection strip 2b. These are depicted in Figure 2 of Arndt
`
`III, reproduced below.
`
`!
`!
`
`17!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`38. Arndt III does not describe connection strip 2b as having a
`
`plurality of leads, however, and it is relatively silent on the dimensions of
`
`the holes relative to the connection strip. Based on the disclosure of Arndt
`
`III, a person of ordinary skill in the art would not view holes 6b and 6c in
`
`connection strip 2b as creating the plurality of leads required by claim 1.
`
`Thus, Arndt III does not anticipate claims 1, 2, 9-12, and 15.
`
`39.
`
`!
`!
`
`In addition, Arndt III does not disclose “said first plurality of
`
`18!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`leads joining into a single joined lead portion before said first electrode
`
`portion projects outside of said casing.” An example of such a single joined
`
`lead portion is depicted in Figure 4. As shown below, the dotted line depicts
`
`the casing.
`
`40. Figure 4 depicts the division into a plurality of leads, with the
`
`
`
`leads identified in red below.
`
`!
`!
`
`19!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`41. Figure 4 depicts this plurality of leads joining into a “single
`
`joined lead portion, identified in red below.
`
`
`
`!
`!
`
`20!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`42. As is clear from the above image, the plurality of leads join into
`
`the single joined lead portion before “said first electrode portion” projects
`
`outside of the casing. In other words, the electrode splits into leads, those
`
`leads rejoin into a single joined lead portion, and that single joined lead
`
`portion projects outside of the casing.
`
`43. According to Petitioners, Figure 2 of Arndt III discloses “a first
`
`electrode (2b) that divides into a plurality of leads (divided by holes 6b and
`
`6c) as it extends towards the perimeter of housing 80, the plurality of leads
`
`!
`!
`
`21!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`rejoining into a single joined lead before a portion of first electrode (2b)
`
`projects outside of housing 80.” Paper 3 (750 IPR) at 14. But this analysis
`
`ignores that the purported “single joined lead portion” exists between holes
`
`6b and 6c, not after hole 6c. In other words, to the extent hole 6c has the
`
`effect of dividing the electrode into a plurality of leads, those leads rejoin
`
`after hole 6c, as illustrated below.
`
`
`
`
`
`44. The purported single
`
`joined
`
`lead portion
`
`identified by
`
`Petitioners does not project outside of the casing of Arndt III, as is required
`
`by claim 1. Under Petitioners’ theory, that joined lead portion would then
`
`!
`!
`
`22!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`divide into a second plurality of leads, illustrated below, but not recited in
`
`the claim.
`
`
`
`
`
`45. That second plurality of leads would then join into a second
`
`“joined lead portion,” illustrated below, but again not recited in the claim.
`
`!
`!
`
`23!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`46.
`
`It is this second joined lead portion that projects outside the
`
`casing of Arndt III. Therefore, Arndt III does not disclose the required
`
`single joined lead portion that projects outside of the casing as required by
`
`
`
`claim 1.
`
`47. Thus, for the reasons described above, Arndt III does not
`
`anticipate claims 1, 2, 9-12, and 15.
`
`!
`!
`
`24!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`D.
`
`
`
`Sorg does not anticipate claims 1, 16, 25, and 29 or their
`dependent claims.
`
`48. Under the proper interpretation of “lead,” a person of ordinary
`
`skill in the art would not consider the identified figures in Sorg as disclosing
`
`an electrode dividing into a plurality of leads as required by independent
`
`claims 1, 16, 25, and 29. Instead, Sorg discloses a single connection strip
`
`that Petitioners characterize as a plurality of leads based on the presence of
`
`small holes in the connection strip. Sorg does not describe the connection
`
`strip as having a plurality of leads, however, and it is relatively silent on the
`
`dimensions of the holes relative to the connection strip. Based on the
`
`disclosure of Sorg, a person of ordinary skill in the art would not view the
`
`holes in the connection strip as creating the required plurality of leads.
`
`49. Thus, for the reasons described above, Sorg does not anticipate
`
`claims 1-3, 8, 9, 13-16, 25-29 and 31-38.
`
`
`E.
`
`Sorg does not anticipate claims 1 and 16 or their dependent
`claims.
`
`50. As described above, and illustrated with reference to Figure 4
`
`of the ’605 Patent, claim 1 recites a first electrode portion “dividing into a
`
`first plurality of leads as it extends away from said chip carrier part toward
`
`the perimeter of said casing, with said first plurality of leads joining into a
`
`single joined lead portion before said first electrode portion projects
`
`!
`!
`
`25!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`outside of said casing.” (emphasis added). This limitation also exists in
`
`claim 16 of the ’605 Patent. But this limitation is not disclosed by Sorg.
`
`51. Petitioner asserts that the “single joined lead portion” depicted
`
`in Figures 2B and 3A of Sorg disclose the single joined lead portion
`
`projecting outside of the casing. Paper 3 (750 IPR) at 15.1
`
`
`
`
`
`52.
`
`It should be noted that Figure 3A of Sorg depicts almost the
`
`same structure as Figure 2 of Arndt III, discussed above.
`
`!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
`!
`!
`
`1 The text of the Petition refers to “Figs. 3A and 3B,” but the figures
`displayed are Figures 2B and 3A.
`
`26!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`53. Figure 3A of Sorg, therefore suffers from the same problems as
`
`Figure 2 of Arndt III, that the purported first joined lead portion splits into a
`
`second plurality of leads—around the unnumbered hole in Figure 3A of
`
`Sorg—and that second plurality of leads join together to form a second
`
`joined lead portion that projects from the casing. Sorg does not disclose the
`
`required single joined lead portion that projects outside of the casing.
`
`54. Even under Petitioners’ apparent interpretation of “lead,”
`
`Figure 2B of Sorg suffers from a similar problem as Arndt III and Figure 3A
`
`of Sorg, in that the first joined lead splits into a second plurality of leads.
`
`The purported plurality of leads formed by injection window 24 rejoin into a
`
`joined lead portion, as illustrated below.
`
`!
`!
`
`27!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`55. That purported single joined lead portion then divides into a
`
`second plurality of leads around hole 21.
`
`
`
`56. This purported second plurality of leads then joins into a second
`
`joined lead portion, illustrated below.
`
`
`
`!
`!
`
`28!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`57. The embodiment depicted in Figure 2B is also depicted in
`
`Figures 2A and 2C. Ex. 1004 at 39 (“Figure 2b depicts an enlarged
`
`schematic top view of two connection strips of the lead frame from Figure
`
`2a that belong together . . . Figure 2c depicts a schematic top view of a lead
`
`frame strip according to Figure 2a with inventive housing base bodies that
`
`are formulated in the injection process”).
`
`!
`!
`
`29!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`58. Figure 2C, therefore, overlays the casing 100 over the
`
`underlying lead frame structure. As can be seen in Figure 2C, what is
`
`projecting from the housing is not the required single joined lead, but an
`
`electrode with rectangular hole 21 of Figure 2B. Thus, even if the
`
`rectangular hole 21 did split the electrode into a plurality of leads, the
`
`required single joined lead portion is not projecting from the housing. This
`
`plurality of leads is illustrated below in an annotated excerpt from Figure
`
`2C. These leads rejoin after exiting from the casing, not before, as required
`
`by the claim.
`
`!
`!
`
`30!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`59. The importance of these rectangular holes is highlighted in
`
`Sorg. Exhibit 1004 at 41 (“In addition, the connection strips 2a and 2b
`
`preferably have rectangularly formulated holes 21 which are suitable for the
`
`relief of the load on the component housing with the bending of the
`
`connection strips . . . .”). Therefore, not only does Sorg fail to disclose the
`
`required single joined lead portion projecting through the casing, it actually
`
`teaches away from the concept of having a single joined lead portion
`
`projecting through the casing, noting the importance to Sorg of the
`
`rectangular holes to allow bending of the electrodes.
`
`Sorg does not anticipate claim 13 or its dependent claim.
`
`
`F.
`60. Claim 13 (and claim 14, which depends from claim 13) requires
`
`that “said first electrode widens as it extends from said chip carrier part
`
`toward the perimeter of said casing.” Petitioners assert that Figure 2B of
`
`Sorg discloses such a widening. Paper 3 (750 IPR) at 37. But, even under
`
`Petitioners’ apparent interpretation of “lead,” the area they claim is widening
`
`!
`!
`
`31!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`is an area after the electrode has already purportedly split into a plurality of
`
`leads. Contrast that with the language of claim 13, which explicitly states
`
`that the electrode “narrows as it splits into said first plurality of leads.” The
`
`claims, therefore, recite that the widening occurs before the electrode splits
`
`into a plurality of leads.
`
`61. Figure 4 of the ’605 Patent, reproduced below, illustrates the
`
`widened area (highlighted in red) between the chip carrier part and the
`
`plurality of leads.
`
`!
`!
`
`32!
`
`
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`62. The purportedly widening area of Sorg identified by Petitioners,
`
`outlined in red below, is not in the area before the electrode splits into a
`
`plurality of leads, but after the electrode has split into a plurality of leads
`
`(applying Petitioners’ view of “lead”).
`
`63. Therefore, Sorg does not meet the widening limitation of claims
`
`13 and 14 and cannot anticipate those claims.
`
`
`
`G.
`
`Sorg does not anticipate claim 25 or its dependent claims.
`
`
`64. Claim 25 recites “one or more of said electrodes and said leads
`
`comprising one or more gaps between them, with at least a portion of at least
`
`one of said gaps exposed through said recess.” Petitioner argues that this
`
`limitation is disclosed in Figure 2C by the “gap between connection strips 2a
`
`and 2b exposed through the radiation exit window 12.”). The relevant
`
`portion of the figure is extracted below.
`
`!
`!
`
`33!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`65.
`
`It is my opinion that one of ordinary skill in the art would
`
`understand the “gap” referenced in the limitation, which must be exposed
`
`through the recess, as being between the leads, not between the electrodes,
`
`as is disclosed by Sorg. The claim already requires a plurality of electrodes.
`
`This inherently requires a gap between the electrodes, because without such
`
`a gap, the two elements would be mechanically and electrically contacting,
`
`and would be considered a single electrode. The specification of the ’605
`
`Patent refers specifically to the gap between electrodes as an “insulation
`
`gap.” ’605 Patent, col. 3, ll. 63-66. As shown in Figure 4, the ’605
`
`discloses a gap between the leads that are part of a single electrode that is
`
`exposed through the recess, as highlighted in red below.
`
`!
`!
`
`34!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`
`
`66.
`
`It is my opinion that one of ordinary skill in the art would
`
`understand that the separation that necessarily occurs between the plurality
`
`of electrodes already recited in the claims is different from the gap recited in
`
`claim 25, which occurs within an electrode or between the leads formed as
`
`part of a single electrode.
`
`67. Thus, for the reasons described above, Sorg does not anticipate
`
`claims 25 - 28.
`
`!
`!
`!
`
`
`
`35!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`!
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`
`
`Executed at ______________________, this ____ day of November, 2015.
`
`
`
`By:
`
`___________________________
`
`Leonard W. Schaper
`
`!
`!
`
`36!
`
`Cree, Inc. - Ex. 2004
`Kingbright Electronics Co. Ltd. et al. v. Cree, Inc.
`IPR2015-00751
`
`

`
`Leonard W. Schaper Jr.
`516 Neapolitan Lane
`Naples, FL 34103
`(479) 200-5369 (Cell)
`schaper@uark.edu
`
`
`
`
`
`
`
`
`
`PROFESSIONAL EXPERIENCE:
`
`2012 to present Schaper Consulting, Inc. (Naples, FL)
`President
`• Leonard Schaper, consulting in electronic packaging.
`• Louise Schaper, consulting in library design and operations.
`
`2003 to 2006 Xanodics, LLC (Fayetteville, AR)
`Founder and CEO
`• With Prof. Rick Ulrich, initiated start-up company to commercialize
`UA-developed thin film capacitor technology.
`• Had several successful contracts to supply prototype components.
`• Dissolved company when customer program needs changed.
`
`1992 to present University of Arkansas (Fayetteville, AR)
`Professor Emeritus of Electrical Engineering (2009 to present)
`Professor of Electrical Engineering (2002 to 2008)
`• Directed research program in through-silicon vias for 3-D VLSI
`packaging.
`• Developed fabrication methods for multilayer thin film capacitors.
`• Taught undergraduate courses in electronics and graduate courses in
`electronic packaging.
`• Fall, 2005 semester, sabbatical assignments: 6 weeks at the
`Fraunhofer Institute IZM in Berlin and Munich; 4 weeks at NEC in
`Sagamihara, Japan.
`
` Director, High Density Electronics Center and Professor, Electrical
`Engineering (1992 to 2002)
`
`
`
`
`
`
`
`
`
`
`
`
`
`Cree, Inc. - Ex. 2004
`IPR2015-00751
`
`APPENDIX A
`
`

`
`• Directed large ($3M annual) research program in Multichip Module
`technology. Led efforts of 15 faculty, 4 - 6 post-docs, 8 staff, and
`25 graduate students. Ran a 4000 square foot clean room dedicated
`to MCM research.
`• Developed the interconnected mesh power system topology for MCM
`cost reduction.
`• Developed new, low inductance, thin-film decoupling capacitors.
`• Led development of integral passive components on polyimide film.
`• Formulated national policy on advanced packaging R&D working
`through the EIA MCM division and consulting for DARPA.
`• Led efforts resulting in the successful merger of IEPS and ISHM to
`form IMAPS.
`
`1990 to 1992 Alcoa Electronic Packaging (San Diego, CA)
`Director, Thin Film Product Programs (1991 to 1992)
`• Directed product and market development for thin film multichip
`modules. Oversaw applications engineering, product engineering, and
`design effort on various implementations of MCM technology.
`Consulted extensively with customers on the tradeoffs affecting their
`MCM designs. Was corporate spokesman at many conferences,
`workshops, and
`industry seminars on MCMs. Successfully
`led
`prototype development for several satisfied customers. Represented
`Alcoa on the industry-wide team seeking enlarged Federal support of
`MCM technology.
`
`Director, Thin Film Technology Development (1990 to 1991)
`• Led technology development for thin film multichip modules.
`Transferred the AT&T MCM technology licensed to Alcoa. Led a team
`of materials scientists and engineers in correcting reliability problems.
`Refined the modeling approaches for MCM power distribution.
`
`
`1978 to 1990 AT&T BELL LABORATORIES (Murray Hill, New Jersey)
`Head, Technical Program Analysis Department (1986 to 1990)
` Managed the department responsible for the coherence of the Bell
`Laboratories technical program. Reviewed project expenses and
`program content, and projected future needs.
`• Served as chief technologist for the AT&T 21st Century Project, a
`year long effort to define future scenarios for AT&T. Gained extensive
`
` •
`
`
`
`
`
`
`
`
`
`
`
`
`Cree, I

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket