1
`
`PATENT OWNER’S
`DEMONSTRATIVE EXHIBIT
`
`Cases IPR2016-01249 & IPR2016-01264
`
`August 7, 2017
`
`IP Bridge Exhibit 2050
`TSMC v. IP Bridge
`IPR2016-01249
`IPR2016-01264
`
`
`
`PATENT OWNER’S
`DEMONSTRATIVE EXHIBIT
`
`Cases IPR2016-01249 & IPR2016-01264
`
`August 7, 2017
`
`IP Bridge Exhibit 2050
`TSMC v. IP Bridge
`IPR2016-01249
`IPR2016-01264
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`2
`
`Exhibit1005, 1:10-14.
`
`‘01249 Response (Paper 14), p.23
`‘01264 Response (Paper 14), p.27
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`3
`
`Ding discloses a two-layer “TaNx/Ta barrier
`structure” that “provides both a barrier to the
`diffusion of a copper layer deposited thereover,
`and enables the formation of a copper layer
`having a high <111> crystallographic content so
`that the electromigration resistance of the
`copper is increased.”
`
`‘01249 Petition (Paper 2), p.12
`‘01249 Decision (Paper 7), p.9
`‘01264 Decision (Paper 7), p.9
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`4
`
`• Exhibit 1005, 3:28-38; ‘01264 Petition, p. 18.
`
`‘01249 Response (Paper 14), p.23
`‘01264 Response (Paper 14), p.27
`
`
`
`5
`
`Ding And Zhang Disclose Similar Sputter-
`Deposition Techniques
`
`Ding:
`
`Subsequent to application of the TaN layer, the
`nitrogen gas was shut off, the power to
`tantalum target cathode 110 was reduced from
`about 4 kW to about 1 kW, and the argon gas
`feed was maintained. The pressure in the
`vacuum chamber remained at about 1.7 mT,
`and the substrate temperature remained at
`about 25°C.
`
`Exhibit 1005, 7:21-26.
`
`‘01249 Response (Paper 14), p.41
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`6
`
`• Exhibit 1005, 7:67-8:4.
`
`‘01249 Decision (Paper 7), p.9
`‘01264 Decision (Paper 7), pp.9-10
`‘01249 Response (Paper 14), p.24
`‘01264 Response (Paper 14), p.28
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`7
`
`Exhibit 1005, 3:38-39.
`
`‘01249 Decision (Paper 7, p.9
`‘01264 Decision (Paper 7), p.9
`‘01249 Response (Paper 14), p.23
`‘01264 Response (Paper 14), p.27
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`8
`
`• “Ding does not describe any nitrogen
`within the tantalum layer.”
`
`‘01249 Decision (Paper 7), p.9
`‘01264 Decision (Paper 7), p.10
`
`
`
`9
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`“Ding’s Ta layer is composed of pure Ta. Exhibit
`1005, 4:11, 4:30-31, 9:47, 10:8, 10:29-30, 10:52,
`11:11;” Exhibit 2011, ¶89/111.
`
`Exhibit 1005, 9:47-50.
`
`‘01249 Response (Paper 14), p.23
`‘01264 Response (Paper 14), p.27
`
`
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`10
`
`‘01249 Response (Paper 14), p.25
`‘01264 Response (Paper 14), p.29
`
`
`
`11
`
`U.S. Patent No. 6,887,353 (“Ding”)
`
`“Ding’s disclosure regarding Fig. 2 (Id., 8:52-10:18)
`further establishes that a PHOSITA would understand
`Ding as teaching the importance of a pure tantalum layer
`to enable formation of a copper layer having a high
`<111> crystallographic content. Exhibit 2011, ¶116-118.”
`
`Exhibit 1005, 10:14-18.
`
`‘01249 Response (Paper 14), p.25-26
`‘01264 Response (Paper 14), p.29
`
`
`
`U.S. Patent No. 5,893,752 (“Zhang”)
`
`12
`
`Exhibit 1004, 3:44-47
`
`‘01249 Response (Paper 14), pp.29-30
`‘01264 Response (Paper 14), pp.25-26
`
`
`
`U.S. Patent No. 5,893,752 (“Zhang”)
`
`13
`
`Exhibit 1004, 3:54-57
`
`‘01249 Response (Paper 14), pp.28-29
`‘01264 Response (Paper 14), p.24
`
`
`
`U.S. Patent No. 5,893,752 (“Zhang”)
`
`14
`
`Exhibit 1004, 3:62-64
`
`‘01249 Response (Paper 14), p.29
`‘01264 Response (Paper 14), p.25
`
`
`
`U.S. Patent No. 5,893,752 (“Zhang”)
`
`15
`
`Exhibit 1004
`‘01249 Response (Paper 14), p.30
`‘01264 Response (Paper 14), p.26
`
`
`
`16
`
`Ding And Zhang Disclose Similar Sputter-
`Deposition Techniques
`
`Zhang discloses RF power in the range of
`1 to 2kW, and typically 1.3 to 1.7kW.
`Exhibit 1004, 3:30-36.
`
`Zhang does not disclose varying the power
`levels during the sputtering process while
`forming different layers. Exhibit 2011,
`¶¶168-171.
`
`‘01249 Response (Paper 14), p.41
`
`
`
`Ding And Zhang Disclose Similar Sputter-
`Deposition Techniques
`
`17
`
`“Zhang already discloses a sputtering
`process that creates the film 32 with an
`upper surface that is ‘substantially pure
`tantalum and has essentially no nitrogen
`atoms,’ which is essentially a tantalum
`layer like the crystalline top film in Ding.”
`
`‘01264 Petition, p. 29.
`
`
`
`18
`
`Ding And Zhang Disclose Similar Sputter-
`Deposition Techniques
`
`• The ‘01249 Petition states:
`Like Ding, Zhang similarly discloses a
`sputter-deposition process where argon
`and nitrogen gases are fed to a sputtering
`chamber to deposit a bottom tantalum
`nitride film, then the nitrogen gas is
`turned off during a single evacuation
`cycle to deposit a top tantalum film.
`
`‘01249 Petition (Paper 2), p.20
`
`
`
`19
`
`Ding And Zhang Disclose Similar Sputter-
`Deposition Techniques
`
`• The ‘01264 Petition states:
`both prior-art references teach the same
`diffusion-barrier structure for the same
`purpose of preventing copper diffusion
`and providing good adhesion to a
`copper layer, and both use Ta-based thin
`films fabricated using similar sputtering-
`deposition techniques.
`
`‘01264 Petition (Paper 2), p.17
`
`
`
`U.S. Patent No. 5,893,752 (“Zhang”)
`
`20
`
`Annotated Zhang Fig. 4
`
`‘01249 Response (Paper 14), p. 36
`‘01264 Response (Paper 14), p. 41
`
`
`
`21
`
`• Dr. Banerjee testified:
`
`.
`
`Exhibit 2044, 96:8-14.
`
`Observation No. 8 (Paper 28), p.7
`
`
`
`“Sun” (Exhibit 1007)
`
`22
`
`• Sun discloses that “nitrogen can []
`promote the formation of amorphous
`metallic alloys with most early transition
`metals.” Ex. 1007 at 9. Sun also teaches
`that an amorphous film is a better barrier
`than a crystalline film because the
`amorphous film is “absen[t] of fast
`diffusion paths.”
`Petition, p. 49.
`
`‘01264 Petition (Paper 2), p.49
`
`
`
`“Sun” (Exhibit 1007)
`
`23
`
`• Sun discloses that “the room temperature
`resistivity of both as-deposited and 800°
`C-annealed Ta-N films always exceeds
`that of pure Ta film. Exhibit 1007; p. 12;
`Exhibit 2011, ¶133.
`
`‘01264 Response (Paper 14), p.32
`
`
`
`Claim Construction
`
`24
`
`Exhibit 1001, Fig. 21.
`
`‘01249 Response (Paper 14), p.4
`‘01264 Response (Paper 14), p.5
`
`
`
`Claim Construction - Claims 1 & 5 recite:
`
`25
`
`• “said first film being composed of
`crystalline metal containing nitrogen
`therein,”
`
`• Exhibit 1001,
`Claim 1 18:61-62, and
`Claim 5 19:18-19 (emphasis added).
`
`‘01249 Response (Paper 14), pp.11-12
`‘01264 Response (Paper 14), p.12
`
`
`
`Claim Construction - Petitioner
`
`26
`
`• Petitions: “The broadest reasonable
`construction should be applied to all claim
`terms in the ’324 patent.” p.11.
`
`• Replies: “Composed of” does not mean
`“consisting essentially of.” p.6
`
`
`
`27
`
`Claim Construction
`
`• The term “composed” as used in the
`challenged claims of the ‘324 patent should
`be construed to mean “consisting
`essentially of.”
`
`• AFG Industries, Inc. v. Cardinal IG Company, 239
`F.3d 1239, 1245 (Fed. Cir. 2001);
`• In re Bertsch, 132 F.2d 1014, 1019-20 (CCPA
`1942);
`• MPEP, 2111.03 Transitional Phrases [R-08.2012]
`(Exhibit 2012).
`
`‘01249 Response (Paper 14), pp.11-13
`‘01264 Response (Paper 14), pp.12-13
`
`
`
`Claim Construction - MPEP
`
`28
`
`MPEP, 2111.03 Transitional Phrases
`[R-08.2012] (Exhibit 2012, p.10)
`
`Responses (Paper 14), p.12
`
`
`
`29
`
`Claim Construction
`
`• The U.S. District Court for the Eastern District of
`Texas construed the term “composed” recited in
`Claims 1 and 5 of the ‘324 patent to mean
`“consisting essentially of.”
`
`• Godo Kaisha IP Bridge 1 v. Broadcom Limited et
`al., USDC EDTEX 2:16-cv-00134-JRG-RSP,
`Claim Construction Memorandum And Order,
`November 9, 2016, pp. 31-32 (Exhibit 2013).
`
`Responses (Paper 14), p.12, n.4
`
`
`
`Claim Construction – Petitioner’s Expert
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 115:1-116:15
`
`30
`
`Observation No. 4 (Paper 28), pp.3-4
`
`
`
`31
`
`Claim Construction – Petitioner’s Expert
`
`• Banerjee Deposition Tr., Exhibit 2044, p. 53:3-16
`
`Observation No. 1 (Paper 28), p.1
`
`
`
`32
`
`Claim Construction – Petitioner’s Expert
`
`• Banerjee Deposition Tr., Exhibit 2044, on p. 54:7-18
`
`Observation No. 2 (Paper 28), p.2
`
`
`
`33
`
`Claim Construction – Petitioner’s Expert
`
`• Banerjee Deposition Tr., Exhibit 2044, on p. 56:4-13
`
`Observation No. 3 (Paper 28), p.3
`
`
`
`34
`
`Claim Construction
`
`“consists essentially of”
`
`The transitional phrase “consisting essentially of”
`limits the scope of a claim to the specified
`materials “and those that do not materially affect
`the basic and novel characteristic(s)” of the
`claimed invention.
`
`‘01249 Response (Paper 14), pp.12-13
`‘01264 Response (Paper 14), p.13
`
`
`
`35
`
`Claim Construction
`
`“said first film being composed of crystalline
`metal containing nitrogen therein,”
`
`should be construed to mean
`
`“a first film consisting essentially of a mixture
`of crystalline or polycrystalline metal with
`nitrogen throughout.”
`
`‘01249 Response (Paper 14), p.13
`‘01264 Response (Paper 14), p.14
`
`
`
`Claim Construction
`
`36
`
`• The ‘324 patent specification consistently
`describes a “crystalline metal film containing
`nitrogen therein” as a film composed of metal and
`nitrogen “in mixture.” Exhibit 1001, 12:19-24; see
`also 12:62-67; 13:4-24; 13:57-63; 16:41-47.
`
`• ‘01249 & ‘01264 Exhibit 2011, ¶64.
`
`‘01249 Response (Paper 14), p.15
`‘01264 Response (Paper 14), p.15
`
`
`
`Claim Construction
`
`37
`
`• Additionally, because the ‘324 patent describes
`the first film as “crystalline metal film containing
`nitrogen therein” as a mixture or a solid solution,
`a PHOSITA would understand that the film is
`homogenous, i.e., contains crystalline metal and
`nitrogen from the top of the upper surface to the
`bottom of the first film. Exhibit 2011, ¶69
`
`‘01249 Response (Paper 14), p.14
`‘01264 Response (Paper 14), p.15
`
`
`
`38
`
`Claim Construction
`
`“the ‘324 patent teaches that a film
`composed of crystalline metal containing
`nitrogen therein is formed not merely by
`maintaining the flow of nitrogen, but by
`also increasing the RF power in a sputter
`chamber.
`
`Exhibit 1001, 5:63-6:5, 6:63-7:7, 9:12-25,
`12:41-49, 12:62-67, 13:4-33, 13:35-50.”
`
`‘01249 Response (Paper 14), p.43
`‘01264 Response (Paper 14), p.49
`
`
`
`Claim Construction
`
`39
`
`Exhibit 1001, 13:4-10.
`
`‘01249 Response (Paper 14), p.43
`‘01264 Response (Paper 14), p.49
`
`
`
`Claim Construction
`
`40
`
`Exhibit 1001, 13:11-23.
`
`‘01249 Response (Paper 14), p.43
`‘01264 Response (Paper 14), p.49
`
`
`
`Claim Construction
`
`41
`
`Exhibit 1001, 8:24-28.
`
`‘01249 Response (Paper 14), pp.6-7
`‘01264 Response (Paper 14), p.7
`
`
`
`42
`
`Claim Construction
`
`• For example, in Fig. 21, the claimed crystalline
`metal film containing nitrogen therein is depicted
`and described as a “solid solution.” Exhibit 1001,
`8:24-28; Exhibit 2010; Exhibit 2036.
`
`• The crystalline metal containing nitrogen in solid
`solution is present throughout film 18, i.e., from
`the upper surface to the bottom of the first film.
`Exhibit 1001, Fig. 21.
`
`• ‘01249 & ‘01264 Exhibit 2011, ¶¶ 65-66.
`
`‘01249 Response (Paper 14), p.15
`‘01264 Response (Paper 14), p.15
`
`
`
`Rejections
`
`43
`
`‘01249: Ding in view Zhang
`
`‘01264: Zhang in view Ding; and,
`
`Zhang in view Ding in
`further view of Sun.
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites 40:1-6 (‘01249 Reply, p. 8), but read to 40:10.
`
`44
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites 40:1-6 (‘01249 Reply, p. 8), see also 43:4-15.
`
`45
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites to 42:15-21 (‘01249 Reply, p. 9), but read to 43:3
`
`46
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites to 62:17-19 (‘01249 Reply, p. 13) but read to 66:7
`
`47
`
`* * *
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites to 46:5-8 (‘01249 Reply, p. 13) but read 46:2-14
`
`48
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites to 58:21-59:10 (‘01249 Reply, p. 13) but read to 61:13
`
`49
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites 79:9-80:3 (‘01264 Reply, p. 17), See also 250:11-251:1
`
`50
`
`Exhibit 1036
`
`
`
`Dr. Harris’ Cross-Examination (Ex.1036)
`Petitioner cites 200:15-201:5 (‘01249 Reply, p. 18) but read 199:7 on
`
`51
`
`Exhibit 1036
`
`
`
`52
`
`Contingent Motion to Amend
`
`11. (Substitute for claim 5 if claim 5 is canceled) A multi-layered wiring
`structure comprising a barrier film which prevents diffusion of copper
`from a copper wiring layer formed on a semiconductor substrate,
`
`• said barrier film having a multi-layered structure of first and second
`films,
`
`• said first film being composed of crystalline metal containing nitrogen
`therein, the nitrogen being present throughout the first film,
`
`• said second film being composed of amorphous metal nitride,
`
`• said barrier film being constituted of common metal atomic species,
`
`• said first film being formed on said second film,
`
`• said first film in direct contact with said second film,
`
`• said first film containing nitrogen in a smaller content than that of said
`second film.
`
`Paper 16, p.28
`
`
`
`53
`
`Contingent Motion to Amend
`
`• Claim 12
`
`• Substitute Claim 12 further defines claim 9 which
`depends upon and therefore includes the limitations of
`independent claim 5, by more explicitly reciting “said
`copper film being in direct contact with said first film,
`wherein said first film contains nitrogen in a portion being
`in contact with said copper film.” Substitute Claim 12 has
`been written in independent form including all the
`limitations of original claim 5.
`
`Paper 16, pp.4-5
`
`
`
`54
`
`Contingent Motion to Amend
`
`• 12. (Substitute for claim 9 if claim 9 is canceled) [[A]] The multi-layered
`wiring structure as set forth in claim 5, comprising a barrier film which
`prevents diffusion of copper from a copper wiring layer formed on a
`semiconductor substrate,
`
`• said barrier film having a multi-layered structure of first and second films,
`
`• said first film being composed of crystalline metal containing nitrogen therein,
`
`• said second film being composed of amorphous metal nitride,
`said barrier film being constituted of common metal atomic species,
`said first film being formed on said second film,
`
`• said first film in direct contact with said second film,
`
`• said first film containing nitrogen in a smaller content than that of said
`second film,
`
`• further comprising a copper film formed on said first film,
`
`• said copper film being in direct contact with said first film, wherein
`
`• said first film contains nitrogen in a portion being in contact with said copper
`film.
`
`Paper 16, p.29
`
`
`
`55
`
`Contingent Motion to Amend
`
`• Claim 13
`
`• Substitute Claim 13 further defines dependent claim 7 by
`even more explicitly reciting “wherein said first film being
`composed of crystalline metal containing nitrogen therein
`is a solid solution”; by reciting “wherein a copper film is
`formed on and in direct contact with said first film”; and by
`changing its dependency to depend upon Substitute
`Claim 11.
`
`Paper 16, p. 5
`
`
`
`56
`
`Contingent Motion to Amend
`
`• 13. (Substitute for claim 7 if claim 7 is canceled) The
`multi-layered wiring structure as set forth in claim [[5]]
`11, wherein said first film has a thickness in the range of
`60 angstroms to 300 angstroms both inclusive;
`
`• wherein said first film being composed of crystalline metal
`containing nitrogen therein is a solid solution; and
`
`• a copper film is formed on and in direct contact with said
`first film.
`
`Paper 16, pp.29-30
`
`
`
`57
`
`Contingent Motion to Amend
`
`U.S. Patent No. 6,346,745 (“Nogami”)
`
`Exhibit 2039
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044,
`
`on pp. 48:6-51:12
`
`58
`
`Observation No. 5 (Paper 28), pp. 4-5
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 48:6-51:12
`(cont.)
`
`59
`
`Observation No. 5 (Paper 28), pp. 4-5
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on p. 17:3-10
`
`60
`
`Observation No. 6 (Paper 28), pp. 5-6
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 18:12-19:7
`
`61
`
`Observation No. 7 (Paper 28), pp. 6-7
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044,
`
`on pp. 94:8-96:14
`
`62
`
`Observation No. 8 (Paper 28), p. 7
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 94:8-96:14
`(cont.)
`
`63
`
`Observation No. 8 (Paper 28), p. 7
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on p. 36:4-16
`
`64
`
`Observation No. 9 (Paper 28), pp. 7-8
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on p. 100:6-13
`
`65
`
`Observation No. 10 (Paper 28), p. 8
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 101:3-102:7
`
`66
`
`Observation No. 11 (Paper 28), pp. 9-10
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 109:5-111:15
`
`67
`
`Observation No. 12 (Paper 28), pp. 10-11
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 109:5-111:15
`(cont.)
`
`68
`
`Observation No. 12 (Paper 28), pp. 10-11
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on p. 119:1-18
`
`69
`
`Observation No. 13 (Paper 28), p. 11
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 36:18-39:4
`
`70
`
`Observation No. 14 (Paper 28), p. 12
`
`
`
`Observations
`• Banerjee Deposition Tr., Exhibit 2044, on pp. 36:18-39:4
`(cont.)
`
`71
`
`Observation No. 14 (Paper 28), p. 12
`
`
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