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`FOR THE DISTRICT OF MASSACHUSETTS
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`ENERGETIQ TECHNOLOGY, INC,
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`Plaintiff,
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`V.
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`ASML NETHERLANDS B.V.,
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`FILED UNDER SEAL
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`Civil Action No. l :15-cV-10240-LTS
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`EXCELITAS TECHNOLOGIES CORP., and
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`QIOPTIQ PHOTONICS GMBH & CO. KG,
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`Defendants.
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`DECLARATION OF DONALD K. SMITH, PHI). IN SUPPORT OF
`ENERGETI
`’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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`1, Donald K. Smith, Ph.D., am President of Energetiq Technology,
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`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, 1 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 in-ventor 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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`ASML131d
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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 “'45 5 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 “’ l 38 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.
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`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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`IV.
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`ENERGETIQXS ?ATENTED 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 a.rc 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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`S.
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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—grpwing pent—up demand for a
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`fundamentally new light source in the deep ultra-violet (DUV), visible and infrared ranges of I
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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 are lamps.
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`l0.
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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 ‘l38 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 20l O, 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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`amxouncing the 2011 R&D 100 Award, a fme and c.on"ect. copy of which is attached as Exhibit L.
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`E11e:'ge—‘riq’s 1ase1'-ch‘iv‘eniVighf source p1'oducts.have aiso gexaemted tens O‘f1I1i1IiO11S of doiiars in
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`revexme Since 2009.
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`V.
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`IIIIII,—I TIA
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`—1 -I IIV—IIVV}
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`_.
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`.1.
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`H.11
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`‘11
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`1.1
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`IX.
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`C(}NCLUS10N
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`3, D(-maid K. Smith, hereby declare under the penalties csfperjury u.ndc:ét11e laws of the
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`United ‘States that the above statenqcnts, and the statcbnzcnts §n Appendix A attached fhisxféta, are to
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`the best (sf my kmwiezdge true zmd correct.
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`I3ated:Febx'x1ary
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`,2015
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`Donald K. Smith, Phi).
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`17