`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`Taiwan Semiconductor Manufacturing Company, Limited
`Petitioner
`
`v.
`
`Godo Kaisha IP Bridge 1
`Patent Owner
`
`
`
`
`
`Case IPR2016-01264
`Patent No. 6,538,324
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PETITIONER’S OBJECTIONS TO PATENT OWNER’S EXHIBITS 2008-2042
`
`
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.64(b)(1), Petitioner objects to the following
`
`Case IPR2016-01264
`Patent 6,538,324
`
`
`Patent Owner exhibits:
`
`2014
`
`2015
`
`2016
`
`2017
`
`2018
`
`2019
`
`2020
`
`2021
`
`2022
`
`2023
`
`2024
`
`2025
`
`2026
`
`2027
`
`2028
`
`2029
`
`2030
`
`JP H08-139092A.
`
`English translation of JP H08-139092A.
`
`JP H08-250596A.
`
`English translation of JP H08-250596A.
`
`JP H08-274098A.
`
`English translation of JP H08-274098A.
`
`JP H09-64044A.
`
`English translation of JP H09-64044A.
`
`JP H09-293690A.
`
`English translation of JP H09-293690A.
`
`JP H10-125627A.
`
`English translation of JP H10-125627A.
`
`JP H10-256256A.
`
`English translation of JP H10-256256A.
`
`JP H10-330938A.
`
`English translation of JP H10-330938A.
`
`JP H11-67686A.
`
`1
`
`
`
`English translation of JP H11-67686A.
`
`Case IPR2016-01264
`Patent 6,538,324
`
`
`D. Denning, et al., “An Inlaid CVD Cu Based Integration for
`Sub 0.25μm Technology.” 1998 Symposium on VLSI
`Technology Digest of Technical Papers, 1998, pp. 22-23.
`K. Kwon et al., “Characteristics of Ta as an Underlayer for Cu
`Interconnects.” Advanced Metallization and Interconnect
`Systems for ULSI Applications in 1997, 1998, pp. 711-716.
`N. Awaya, “Semiconductor World.” Feb. 1998, pp. 91-96
`(“Awaya”).
`English translation of Awaya.
`
`Declaration of Harlan Rusty Harris, Ph.D. in Support of Patent
`Owner’s Motion to Amend.
`U.S. Patent No. 6,346,745 to Nogami et al.
`
`U.S. Patent No. 6,156,647 to Hogan.
`
`U.S. Patent No. 6,139,699 to Chiang et al.
`
`Min, K. H. et al., “Comparative study of tantalum and tantalum
`nitrides (Ta2N and TaN) as a diffusion barrier for Cu
`metallization.” Journal of Vacuum Science & Technology B:
`Microelectronics and Nanometer Structures Processing,
`Measurement, and Phenomena, 14(5), pp. 3263-3269 (1996).
`
`2031
`
`2032
`
`2033
`
`2034
`
`2035
`
`2037
`
`2039
`
`2040
`
`2041
`
`2042
`
`
`
`I.
`
`Exhibit 2037
`
`Petitioner objects to Exhibit 2037 under FRE 702 because the opinions do
`
`not disclose the underlying facts or data on which the opinions are based. See 37
`
`C.F.R. § 42.65. For example, Dr. Harris opines that Exhibits 2014-2027, 2030-
`
`2035, 2039, and 2040 do not anticipate or render obvious substitute claims, but he
`
`provides no citations to any of the those exhibits.
`
`2
`
`
`
`II. Exhibits 2014-2035 and 2039-2042
`
`Case IPR2016-01264
`Patent 6,538,324
`
`
`Petitioner objects to Exhibits 2015, 2017, 2019, 2021, 2023, 2025, 2027,
`
`2029, 2031, and 2035 for lack of authentication under FRE 901 and for unverified
`
`English translations under FRE 604 and 37 C.F.R. § 42.63(b) because these
`
`exhibits are alleged translations of Exhibits 2014, 2016, 2018, 2020, 2022, 2024,
`
`2026, 2028, 2030, and 2034, but there is insufficient evidence to support a finding
`
`that these exhibits are true and accurate translations by qualified translators.
`
`Exhibits 2017, 2023, 2025, 2027, and 2035 were certified by a
`
`sales/marketing representative rather than a person who performed the alleged
`
`English-language translation. The manner in which these documents were prepared
`
`is unknown and these translations are unreliable.
`
`Exhibits 2015, 2019, 2021, 2029, and 2031 include verifications by different
`
`translators, who only attest to accurate translations “to the best of my knowledge
`
`and ability” without further specifying their credentials. One alleged translator is a
`
`paralegal of Patent Owner’s counsel, Ex. 2038, ¶ 1, and no other credentials have
`
`been provided for these translators. Patent Owner does not contend these exhibits
`
`are “certified” translations of their corresponding Japanese patents.
`
`Petitioner objects to Exhibits 2014, 2016, 2018, 2020, 2022, 2024, 2026,
`
`2028, 2030, and 2034, and 2039-2042 under FRE 403 because they are irrelevant.
`
`Any relevance of these exhibits depend on the accuracy of the English translations
`
`3
`
`
`
`in Exhibits 2015, 2017, 2019, 2021, 2023, 2025, 2027, 2029, 2031, and 2035. As
`
`Case IPR2016-01264
`Patent 6,538,324
`
`
`explained above, because sufficient proof has not been introduced to support a
`
`finding that the English translations are accurate, Exhibits 2014, 2016, 2018, 2020,
`
`2022, 2024, 2026, 2028, 2030, and 2034 are irrelevant. Additionally, Patent
`
`Owner’s Response or Contingent Motion to Amend does not cite these exhibits.
`
`Petitioner objects to Exhibit 2039-2041 under FRE 403 as irrelevant because
`
`Dr. Harris does not state that he has reviewed Exhibits 2039-2041.
`
`To the extent Patent Owner relies on the bibliographic information on page 1
`
`of Exhibit 2042 for the truth of the information provided in this exhibit, Petitioner
`
`objects to it as inadmissible hearsay. FRE 802.
`
`Respectfully submitted,
`
` By: /Stephen E. Kabakoff/
` Stephen E. Kabakoff
` Reg. No. 51,276
`
`
`
`Dated: March 14, 2017
`
`
`
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`This is to certify under 37 C.F.R. § 42.6(e) that, on this 14th day of March
`
`Case IPR2016-01264
`Patent 6,538,324
`
`
`2017, I caused counsel of record for the Patent Owner (as listed below) to be
`
`electronically served a true and correct copy of the “PETITIONER’S
`
`OBJECTIONS TO PATENT OWNER’S EXHIBITS 2008-2042.”
`
`Michael Fink
`mfink@gbpatent.com
`
`Neil Greenblum
`ngreenblum@gbpatent.com
`
`Arnold Turk
`aturk@gbpatent.com
`
`
`
`
`
`
`
`
`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P
`
`
`
`
`Dated: March 14, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
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.
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.
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
