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DOCKET NO.: 0107945.00235US6
`Filed By: Donald R. Steinberg, Reg. No. 37,241
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street,
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
`
` David.Cavanaugh@wilmerhale.com
`
` MichaelH.Smith@wilmerhale.com
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`
`
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`Case IPR2015-01362
`
`
`
`PETITIONERS’ OBJECTIONS TO EVIDENCE
`
`

`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`Pursuant to 37 C.F.R. § 42.64, ASML Netherlands B.V., Excelitas
`
`
`
`
`Technologies Corp., and Qioptiq Photonics GmbH & Co. KG (collectively,
`
`“Petitioners”) serve the following objections to evidence served with the Patent
`
`Owner’s Response of Energetiq Technology, Inc. (“Patent Owner”).
`
`Petitioners object to Exhibit 2006, J. Gary Eden’s Deposition Transcript
`
`Excerpts, as incomplete (FRE 106).
`
`Petitioners object to Exhibit 2008, “A Novel Electrodeless Light Source for
`
`Wafer Inspection Applications,” (January 4, 2006) PROTECTIVE ORDER
`
`MATERIAL, as incomplete (FRE 106), as hearsay (FRE 802), and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2010, Bucksbaum Declaration PROTECTIVE
`
`ORDER MATERIAL. Specifically, Petitioners object to ¶¶ 143-145, 188, 189,
`
`196, 199-202, 204, and 206 as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2014, Bezel et al., “High Power Laser-Sustained
`
`Plasma Light Sources for KLA-Tencor Broadband Inspection Tools” (undated), as
`
`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2015, LDLS™ Laser-Driven Light Source EQ-
`
`1000 High Brightness DUV Light Source (2008) (“LDLS Advertisement”), as
`
`
`
`1
`
`

`
`
`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2016, Declaration of Donald K. Smith, Ph.D.
`
`PROTECTIVE ORDER MATERIAL. Specifically, Petitioners object to ¶¶ 7-9,
`
`11-14, 18, 19, 23-26, 31-39, 43, 47-51, 54-60, 62, 63, and 65-71, as lacking
`
`personal knowledge/foundation (FRE 602) and as improper expert testimony by a
`
`lay witness (FRE 701). Petitioners further object to ¶¶ 20-23, 35, 36, 51-60, and
`
`71, as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2017, Letter from Semrock, Inc. to R&D 100
`
`Awards, dated February 28, 2011, as hearsay (FRE 802) and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2018, M. Rose, “Winners of 2010 Prism
`
`Awards Announced”, January 27, 2011,
`
`http://www.photonics.com/Article.aspx?AID=45757 (Accessed January 15, 2015),
`
`as hearsay (FRE 802) and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2019, R&D Magazine, “2011 R&D 100
`
`Winner,” http://www.rdmag.com/ awardwinners/2011 /08/lightsourcelifetim
`
`eliftedlasertech (Accessed January 7, 2016), as hearsay (FRE 802) and as lacking
`
`authentication (FRE 901).
`
`
`
`2
`
`

`
`Petitioners object to Exhibit 2022, Fridman et al., Plasma Physics and
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`Engineering, pp. 404-419, 618-619 (1st ed. 2004), as incomplete (FRE 106).
`
`Petitioners object to Exhibit 2027, “Light Source Proposal…” (12/15/2005)
`
`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
`
`(FRE 802).
`
`Petitioners object to Exhibit 2028, 2007 ASML/Energetiq Email
`
`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
`
`(FRE 802).
`
`Petitioners object to Exhibit 2030, Project Agreement for Feasibility Study
`
`(May 3, 2006) PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as
`
`hearsay (FRE 802), and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2031, Claim Chart comparing Energetiq’s
`
`Laser-Driven Light Source Products to U.S. Patent No. 9,048,000 & 8,969,841, as
`
`hearsay (FRE 802), as misleading/confusing (FRE 403), and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2033, “Operation and Maintenance Manual,
`
`Model EQ-99, LDLS Laser Driven Light Source,” Rev. 2 (March 2012), as lacking
`
`authentication (FRE 901) and as hearsay (FRE 802).
`
`
`
`3
`
`

`
`Petitioners object to Exhibit 2034, Infringement Chart for ’000 Patent &
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`’841 Patent, as hearsay (FRE 802), as misleading/confusing (FRE 403), and as
`
`lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2035, Letter from R&D Magazine to Energetiq
`
`Technology, Inc. (June 15, 2011), as hearsay (FRE 802) and as lacking
`
`authentication (FRE 901).
`
` Petitioners object to Exhibit 2036, Presentation to ASML, “LDLS Laser
`
`Driven Light Sources for i-Line” (10/25/2007) PROTECTIVE ORDER
`
`MATERIAL, as hearsay (FRE 802), and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2037, Presentation to ASML, “Next Generation
`
`LDLS UV Lamp for ASML” (2/12/2008) PROTECTIVE ORDER MATERIAL, as
`
`hearsay (FRE 802), and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2039, RnD-ISAN LLC, “Laser Pumped Plasma
`
`Broadband Light Source”, as hearsay (FRE 802) and as lacking authentication
`
`(FRE 901).
`
`Petitioners object to Exhibit 2040, 2007 Energetiq License Agreement
`
`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as hearsay (FRE
`
`802), and as lacking authentication (FRE 901).
`
`
`
`4
`
`

`
`Petitioners object to Exhibit 2041, 2010 Energetiq License Agreement
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106), as hearsay (FRE
`
`802), and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2042, Email from Energetiq to ASML
`
`PROTECTIVE ORDER MATERIAL, as incomplete (FRE 106) and as hearsay
`
`(FRE 802).
`
`Petitioners object to Exhibit 2043, Email from Qioptiq to Energetiq dated
`
`September 29, 2014 PROTECTIVE ORDER MATERIAL, as incomplete (FRE
`
`106).
`
`Petitioners object to Exhibit 2044, Product Launch Document
`
`PROTECTIVE ORDER MATERIAL, as hearsay (FRE 802), and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2045, I.N. Toumanov, “General Analysis of
`
`Plasma Technique in Chemical Technology and Metallurgy,” Plasma and High
`
`Frequency Processes for Obtaining and Processing Materials in the Nuclear Fuel
`
`Cycle, p. 60 (2003), as incomplete (FRE 106).
`
`Petitioners object to Exhibit 2046, Fridman et al., Plasma Physics and
`
`Engineering, pp. 409-424, 639-640 (2nd ed. 2011), as incomplete (FRE 106).
`
`
`
`5
`
`

`
`Petitioners object to Exhibit 2050, Schöne et al., “Diode-Pumped High-
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`Power cw Nd:YAG Lasers,” Laser in Forschung und Technik (1996), as
`
`incomplete (FRE 106) and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2051, Optics & Photonics News, January 1999,
`
`as incomplete (FRE 106).
`
`Petitioners object to Exhibit 2054, Operation Manual, LDLS Laser-Driven
`
`Light Source, EQ-1000 High Brightness DUV Light Source, Rev. 5 (Aug. 2009),
`
`as lacking authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2055, Operation Manual, Model EQ-1500,
`
`LDLS Laser-Driven Light Source, Rev. 4 (May 2011), as lacking authentication
`
`(FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2056, Operation and Maintenance Manual,
`
`Model EQ-77, LDLS Laser-Driven Light Source, Rev. 2 (Dec. 2015), as lacking
`
`authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2057, Operation and Maintenance Manual,
`
`Model EQ-90-FC, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as
`
`lacking authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2059, Operation and Maintenance Manual,
`
`Model EQ-99X, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as lacking
`
`authentication (FRE 901) and as hearsay (FRE 802).
`
`
`
`6
`
`

`
`Petitioners object to Exhibit 2060, Operation and Maintenance Manual,
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`Model EQ-99-FC, LDLS Laser-Driven Light Source, Rev. 2 (March 2012), as
`
`lacking authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2061, Operation and Maintenance Manual,
`
`Model EQ-99X-FC, LDLS Laser-Driven Light Source, Rev. 1 (Jan. 2014), as
`
`lacking authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2062, Operation and Maintenance Manual,
`
`Model EQ-9-N, LDLS Laser-Driven Light Source, Rev. 6 (Sept. 2015), as lacking
`
`authentication (FRE 901) and as hearsay (FRE 802).
`
`Petitioners object to Exhibit 2063, EQ-400 LDLS Laser-Driven Light
`
`Source, as hearsay (FRE 802) and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2064, Energetiq Laser-Driven Light Sources, as
`
`hearsay (FRE 802) and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2065, ASML BV LDLS Roadmap (6/11/2013)
`
`PROTECTIVE ORDER MATERIAL, as hearsay (FRE 802), and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2066, Nanometrics, Organic Growth
`
`Opportunities for Nanometrics in Process Control, as hearsay (FRE 802) and as
`
`lacking authentication (FRE 901).
`
`
`
`7
`
`

`
`Petitioners object to Exhibit 2066v2, Nanometrics, Investor Presentation
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`
`
`18th Annual Needham Growth Conference, as hearsay (FRE 802) and as lacking
`
`authentication (FRE 901).
`
`Petitioners object to Exhibit 2067, “LDLS Laser-Driven Light Source”
`
`(07/08/201 1), as hearsay (FRE 802) and as lacking authentication (FRE 901).
`
`Petitioners object to Exhibit 2069, Castellano, “Are the Brains At ASML
`
`Hurting Investors With High And Ambitious R&D Costs?” July 20, 2015, as
`
`hearsay (FRE 802) and as lacking authentication (FRE 901).
`
`Respectfully Submitted,
`
`/Donald R Steinberg/
`Donald R. Steinberg
`Registration No. 37,241
`Lead Counsel for Petitioners
`Wilmer Cutler Pickering
` Hale & Dorr LLP
`Tel: 617-526-6453
`Fax: 617-526-5000
`
`
`
`
`
`
`
`Date: March 8, 2016
`
`
`
`
`
`
`
`
`
`
`
`8
`
`

`
`
`
`
`IPR2015-01362
`Petitioners’ Objections to Evidence
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on March 8, 2016, I caused a true and correct copy of the
`
`following materials:
`
`• Petitioners’ Objections to Evidence
`
`to be served by electronic mail to the following address:
`
`PTABMattersBoston@proskauer.com.
`
`Respectfully Submitted,
`
`___/Michael Smith/_____
`Michael H. Smith
`Registration No. 71,190
`Wilmer Cutler Pickering
`
`Hale & Dorr LLP
`Tel: 202-663-6055
`Fax: 202-663-6363
`
`9

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