IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`ENERGETIQ TECHNOLOGY, INC.,
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`
`
`Plaintiff,
`
`
`
`v.
`
`ASML NETHERLANDS B.V.,
`EXCELITAS TECHNOLOGIES CORP., and
`QIOPTIQ PHOTONICS GMBH & CO. KG,
`
`
`
`
`
`Defendants.
`
`Civil Action No. 1:15-cv-10240-LTS
`FILED UNDER SEAL
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`DECLARATION OF DONALD K. SMITH, PH.D. IN SUPPORT OF
`ENERGETIQ’S MOTION FOR A PRELIMINARY INJUNCTION
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`I.
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`INTRODUCTION
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`1.
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`I, Donald K. Smith, Ph.D., am President of Energetiq Technology, Inc.
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`(“Energetiq”), which has its principal place of business at 7 Constitution Way, Woburn, MA
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`01801. I have worked at Energetiq Technology, Inc. in this capacity since 2004.
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`2.
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`I submit this declaration in support of Energetiq’s Motion for a Preliminary
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`Injunction.
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`3.
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`I have personal knowledge of the facts set forth in this declaration, unless
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`otherwise noted. If called upon as a witness, I could and would competently testify to the
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`statements made herein.
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`II.
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`QUALIFICATIONS
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`4.
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`I am a named inventor on each of the patents asserted in this litigation: United
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`States Patent No. 7,435,982, entitled “Laser-Driven Light Source,” (the “’982” patent”), a true
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`(cid:36)(cid:54)(cid:48)(cid:47)(cid:3)(cid:20)(cid:20)(cid:20)(cid:22)
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`and correct copy of which is attached as Exhibit A; United States Patent No. 7,786,455, entitled
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`“Laser-Driven Light Source,” (the “’455 patent”), a true and correct copy of which is attached as
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`Exhibit B; United States Patent No. 8,309,943, entitled “Laser-Driven Light Source,” (the “’943
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`patent”), a true and correct copy of which is attached as Exhibit C; and United States Patent No.
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`8,525,138, entitled “Laser-Driven Light Source,” (the “’138 patent”), a true and correct copy of
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`which is attached as Exhibit D.
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`5.
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`In addition, I have significant expertise in the design and functionality of high
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`brightness light sources, including laser-driven light sources. I hold a Ph.D. in electrical
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`engineering from the University of Wisconsin. Full descriptions of my educational background,
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`professional achievements, qualifications and publications are set forth in my curriculum vitae, a
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`true and correct copy of which is attached as Exhibit E to this declaration.
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`2
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`IV.
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`ENERGETIQ’S PATENTED TECHNOLOGY
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`7.
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`For decades, the brightest broadband (white) light source for semiconductor wafer
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`inspection and metrology was the Xenon or Mercury arc lamp. The brightness of this source was
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`fundamentally limited by the basic principles of physics that it employed and failed to progress
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`over time—even as the semiconductor industry demanded constant improvements in the
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`throughput and resolution of wafer inspection and metrology.
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`8.
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`For many years the necessary improvements in these tools had to come through
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`steady improvements in the ability to detect and measure light, rather than from the ability to
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`deliver more light into smaller places, because the arc lamp sources of light were not subject to
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`improvement. This situation eventually led to an ever-growing pent-up demand for a
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`fundamentally new light source in the deep ultra-violet (DUV), visible and infrared ranges of
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`wavelengths. Such a demand existed in the market for at least five years before Energetiq’s
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`inventions that are the subject of this lawsuit – the Laser Driven Light Source technology.
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`9.
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`Energetiq’s patented Laser Driven Light Source technology provides a light
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`source for these applications that provides brightness that is greater by an order of magnitude.
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`Thus, Energetiq’s technology has increased the productivity of the inspection and metrology
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`tools in the industry greatly. In addition, the lifetime of Energetiq’s light sources is about ten
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`times longer than the previously used arc lamps.
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`10.
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`No competitor technology can mimic these results. These results are both
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`unexpectedly good and solve a long-felt need in the industry.
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`11.
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`Energetiq’s Laser Driven Light Source technology, including inventions covered
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`by the ‘982, ‘455, ‘943, and ‘138 patents, have received much industry praise and many
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`accolades, including the R&D 100 Award and the Prism Award. See “Winners of 2010 Prism
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`Awards Announced,” a true and correct copy of which is attached as Exhibit K; see also Letter
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`aimouncing the 2011 R&D 100 Award, a tme and conect copy of which is attached as Exhibit L.
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`E11e1‘getiq’s lasei‘-driven light source products have also generated tens of 111illio11s of dollars i11
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`revenue since 2009.
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`V.
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