Petitioner’s Demonstratives
`
`PTAB Hearing for
`IPR2016‐01264 and IPR2016‐01249
`
`Inter Partes Review of U.S. Pat. No. 6,538,324
`
`August 7, 2017
`
`Page 1 of 87
`
`TSMC Exhibit 1041
`TSMC v. IP Bridge
`IPR2016-01264
`
`
`
`PTAB Hearing for
`IPR2016‐01264 and IPR2016‐01249
`
`Inter Partes Review of U.S. Pat. No. 6,538,324
`
`August 7, 2017
`
`Page 1 of 87
`
`TSMC Exhibit 1041
`TSMC v. IP Bridge
`IPR2016-01264
`
`
`
`The ’324 Patent Claims Are Unpatentable
`Two‐Layer Diffusion Barriers
`Disputed Issues
`Claim Construction
` Zhangin view of Ding
` Ding in view of Zhang
`
`2
`
`Page 2 of 87
`
`
`
`’324 Patent’s Recognition of Prior Art
`
`Pet. Paper 2 (01264), 2
`
`See e.g., Pet. Paper 2 (01249), at 2; Pet. Paper 2 (01264), at 2
`
`
`
`33
`
`Page 3 of 87
`
`
`
`’324 Patent’s Recognition of Prior Art
`
`Pet. Paper 2 (01264), 2‐3
`
`See e.g., Pet. Paper 2 (01249), at 2‐3; Pet. Paper 2 (01264), at 2
`
`4
`
`Page 4 of 87
`
`
`
`Zhang’s Two‐Layer Barrier Film Structure
`
`See e.g., Pet. Paper 2 (01249), at 4; Pet. Paper 2 (01264), at 10
`
`5
`
`Page 5 of 87
`
`
`
`Purpose of Zhang’s Two‐Layer Barrier Film Structure
`
`Zhang discloses a barrier film with
`a top film 32 and a bottom film 22
`
`See e.g., Pet. Paper 2 (01249), at 14; Pet. Paper 2 (01264), at 13
`
`6
`
`Ex. 1004, Abstract
`
`Page 6 of 87
`
`
`
`Ding’s Two‐Layer Barrier Film Structure
`
`See e.g., Pet. Paper 2 (01249), at 43; Pet. Paper 2 (01264), at 48
`
`7
`
`Page 7 of 87
`
`
`
`Purpose of Ding’s Two‐Layer Barrier Film Structure
`
`Ding discloses a barrier film with
`a top film (Ta) and a bottom film (TaNx)
`
`Ex. 1005, 7:66‐8:4
`
`Ex. 1005, 3:39‐40
`
`See e.g., Pet. Paper 2 (01249), at 18, 35; Pet. Paper 2 (01264), at 4, 31
`
`8
`
`Page 8 of 87
`
`
`
`’324 Patent – Independent Claims 1 and 5
`
`9
`
`Page 9 of 87
`
`
`
`’324 Patent ‐ Two‐Layer Barrier Structure Like Zhang and Ding
`
`See e.g., Paper 2 (01249), at 2‐3; Paper 2 (01264), at 2‐3; POR Paper 14 (01249), at 4; POR Paper 14 (01264), at 5
`
`1010
`
`Page 10 of 87
`
`
`
`’324 Patent ‐ Two‐Layer Barrier Structure Like Zhang and Ding
`
`Ex. 1001, 13:15‐23
`
`See e.g., POR Paper 14 (01249), at 4; POR Paper 6 (01264), at 5
`
`Ex. 1001, Fig. 21
`
`1111
`
`Page 11 of 87
`
`
`
`’324 Patent – Nothing New
`
`of ’324 Patent
`(annotated)
`
`of Zhang
`(annotated)
`
`See e.g., Pet. Paper 2 (01249), at 4; Pet. Paper 2 (01264), at 20
`
`12
`
`Page 12 of 87
`
`
`
`’324 Patent – Grounds Instituted by the Board
`
`Claims challenged by Petitioner
`
`• Independent claims 1 and 5
`• Dependent claims 2, 3, 6, 7, and 9
`
`Grounds instituted by the Board
`
`• Claims 1‐3, 5‐7, and 9 are unpatentable
`over Zhang in view of Ding;
`• Claims 1‐3, 5‐7, and 9 are unpatentable
`over Ding in view of Zhang; and
`• Claims 1‐3, 5‐7, and 9 are unpatentable
`over Zhang in view of Ding further in
`view of Sun.
`
`See, e.g., Paper 7 (01249), 16; Paper 7 (01264), 17
`
`13
`
`Page 13 of 87
`
`
`
`’324 Patent – Disputed Issues
`
`Disputed Issues
`
`• Construction of “said first film being composed of
`crystalline metal containing nitrogen therein” under BRI
`
`• Zhang in view of Ding (further in view of Sun) ‐
`Does Zhang’s top film 32 contain “nitrogen therein”
`
`• Ding in view of Zhang ‐ Can Ding’s top film contain
`“nitrogen therein”
`
`Dependent claims 2, 3, 6, and 7 not separately disputed
`
`14
`
`Page 14 of 87
`
`
`
`Construction of Claimed “first film”
`
`“said first film being composed of crystalline metal containing nitrogen therein”
`
`Board Construction Under BRI
`“no express construction is
`necessary.”
`
`Patent Owner Construction
`“a first film consisting essentially of a
`mixture of single crystalline or
`polycrystalline metal with nitrogen
`throughout.”
`
`See e.g., Decision Paper 7 (01249), at 7;
`Decision Paper 7 (01264), at 7
`
`See e.g., POR Paper 14 (01249), at 15;
`POR Paper 14 (01264), at 15
`(emphasis added)
`
`1515
`
`Page 15 of 87
`
`
`
`“Therein” Does Not Mean “Throughout”
`
`“said first film being composed of crystalline metal containing nitrogen therein”
`
`• No alleged redefinition or disclaimer in intrinsic record
`• Specification uses “throughout” only to describe
`physical grain boundaries, recesses, or holes
`
`Ex. 1034 at 3
`
`See e.g., Reply Paper 19 (01249), at 3‐4; Reply Paper 19 (01264), at 3‐4 ; Pet. Paper 2, at 11 (01249 & 01264)
`
`1616
`
`Page 16 of 87
`
`
`
`Patent Owner Arguments
`
`“said first film being composed of crystalline metal containing nitrogen therein”
`
`“Zhang and Ding disclose the desirability of
`having a pure metal layer on which to form a
`copper layer.”
`
`Paper 14 (01264) at 35
`
`“Both Ding and Zhang teach the desirability of
`forming a film having a surface of pure tantalum,
`i.e., with no nitrogen.”
`
`Paper 14 (01264) at 22
`
`See e.g., POR Paper 14 (01264), at 22, 35; POR Paper 14 (01249), at 21‐22.
`
`17
`
`Page 17 of 87
`
`
`
`
`
`Zhang in View of Ding
`
`Zhangin view of Ding
`
`
`18
`
`Page 18 of 87
`
`
`
`Zhang in View of Ding Renders Obvious Claim 1
`
`• Zhang in view of Ding results in a crystalline/amorphous
`barrier structure
`• POSITA would have understood to make Zhang’s top
`film crystalline and bottom film amorphous
`
`Petition at 24
`
`See e.g., Pet. Paper 2 (01264), at 13‐17.
`
`19
`
`Page 19 of 87
`
`
`
`POSITA Understood Zhang’s Bottom Film 22 Is Amorphous
`
`Patent Owner Expert, Dr. Harris
`
`Q.
`
`Is it your opinion that a person of ordinary skill in the art at the relevant time
`would have recognized that the bottom film 22 in Zhang consisted of
`amorphous tantalum nitride?
`A. A person skilled in the art would have understood, especially based on the
`description in Zhang, that the goal of that bottom film was an amorphous
`tantalum nitride structure.
`Q. Well, you say a goal of that bottom film. Given the teachings in Zhang, would
`a person of ordinary skill in the art have understood at the relevant time that
`the bottom tantalum nitride film was an amorphous tantalum nitride film?
`They would have understood that that was an amorphous structure
`tantalum nitride.
`
`A.
`
`Ex. 1036, 78:6‐20.
`See e.g., Reply Paper 19 (01249), at 3; Reply Paper 19 (01264), at 16‐17; Ex. 1003 at ¶¶ 71, 90, 92, 94
`
`20
`
`Page 20 of 87
`
`
`
`POSITA Understood Zhang’s Top Film 32 Is Crystalline
`
`Patent Owner Expert, Dr. Harris
`
`Q. Now, referring back to your annotated figure 4 on page 41 of your 1264
`declaration, is it your opinion that a person of ordinary skill in the art at the
`relevant time would have recognized that the upper surface of the top film 32
`in Zhang was crystalline?
`A. They would have recognized that the upper film, the upper surface of film 32
`[in Zhang] was crystalline.
`
`Ex. 1036, 79:9‐80:3; see also 74:1‐2 (“A. The purpose of the top of film 32 [in
`Zhang] is to improve the adhesion of copper that is deposited”).
`
`See also Ex. 2011, ¶ 205 (referring to “crystalline nature of the tantalum at the top
`surface of both Ding and Zhang”); POR Paper 14 (01249) at 50 (same).
`See e.g., Reply Paper 19 (01264), at 17; POR Paper 14 (01249), at 51; POR Paper 14 (01264), at 50
`
`21
`
`Page 21 of 87
`
`
`
`Undisputed: Zhang’s Two‐Layer Barrier Film Sputter‐Deposited Like Ding’s
`
`POR Paper 14 (01249), at 40
`
`See e.g., Pet. Paper 2 (01249), at 20; Pet. Paper 2 (01264), at 33; POR Paper 14 (01249), at 40;
`POR Paper 14 (01264), at 46
`
`2222
`
`Page 22 of 87
`
`
`
`Ding’s Top/Bottom Films Are Crystalline/Amorphous
`
`Ex. 1005, 7:66‐8:4
`
`Ex. 1005, 3:39‐40
`
`See e.g., Pet. Paper 2 (01249), at 3, 16; Pet. Paper 2 (01264), at 4, 18
`
`23
`
`Page 23 of 87
`
`
`
`Crystalline Top Film 32 in Zhang in View of Ding
`
`Patent Owner Expert, Dr. Harris
`
`A.
`
`Q. So do you agree that Ding teaches a two‐layer copper diffusion barrier
`with a bottom film that is amorphous tantalum nitride and a crystalline
`top film comprising tantalum?
`So this is an important point that one learns from both Ding and Zhang
`in concert, and that is that Zhang specifically does not teach a crystalline
`layer, while as I mentioned before, that top surface would, in order to
`achieve copper, put a good copper layer of copper adhesion. A person of
`skill in the art would understand that that top surface [in Zhang] would
`be improved if it were crystalline in nature. Zhang does not teach
`crystalline. However, Ding does teach that the top surface, or that the
`top material would have the <002> crystalline orientation.
`Ex. 1036, 81:13‐82:7; see also Ex. 1005, 8:1‐4.
`
`See e.g., Reply Paper 19 (01264), at 18‐19
`
`24
`
`Page 24 of 87
`
`
`
`Patent Owner Mischaracterizes Zhang
`
`(Patent Owner’s)
`
`See e.g., POR Paper 14 (01249), at 30, 33; POR Paper 14 (01264), at 26, 38
`
`25
`
`Page 25 of 87
`
`
`
`Zhang’s Top Film 32 Contains Nitrogen “Therein”
`
`“said first film being composed of crystalline metal containing nitrogen therein”
`
`Ex. 1004 at 3:14‐16
`
`See e.g., Pet. Paper 2 (01249), at 4; Reply Paper 19 (01249), at 7;
`Pet. Paper 2 (01264), at 4; Reply Paper 19 (01264), at 7
`
`26
`
`Page 26 of 87
`
`
`
`Zhang’s Top Film 32 Contains Nitrogen “Therein”
`
`“said first film being composed of crystalline metal containing nitrogen therein”
`
`Ex. 1004, 3:54‐55
`
`See e.g., Pet. Paper 2 (01249), at 4; Reply Paper 19 (01249), at 7;
`Pet. Paper 2 (01264), at 4; Reply Paper 19 (01264), at 7
`
`27
`
`Page 27 of 87
`
`
`
`Zhang Discloses Nitrogen “Throughout” Top Film 32
`
`Ex. 1004, 3:54‐57
`
`See e.g., Reply Paper 19 (01249), at 13; Pet. Paper 2 (01264), at 29; Reply Paper 19 (01264), at 12
`
`28
`
`Page 28 of 87
`
`
`
`Zhang Discloses Nitrogen “Throughout” Top Film 32
`
`Ex. 1004, 3:57‐62
`
`Ex. 1036, 33:13‐22
`See e.g., Reply Paper 19 (01249), at 8; Reply Paper 19 (01264), at 8
`
`29
`
`Page 29 of 87
`
`
`
`Zhang Discloses Nitrogen “Throughout” Top Film 32
`
`Ex. 1004, 5:54‐59
`
`See e.g., Reply Paper 19 (01249), at 7; Reply Paper 19 (01264), at 7; Paper 20, at 7‐8 (01264 & 01249)
`
`30
`
`Page 30 of 87
`
`
`
`Zhang Discloses Nitrogen “Throughout” Top Film 32
`
`See e.g., Reply Paper 19 (01249), at 8; Reply Paper 19 (01264), at 8; Paper 20, at 8 (01264 & 01249)
`
`31
`
`Ex. 1004 at 6:47‐60
`
`Page 31 of 87
`
`
`
`Amorphous Bottom Film 22 in Zhang in View of Ding and Sun
`
`Ex. 1007 at 9
`
`See e.g., Pet. Paper 2 (01249), at 27; Pet. Paper 2 (01264), at 4
`
`3232
`
`Page 32 of 87
`
`
`
`
`
`Ding in View onhang
`
`Ding in view of Zhang
`
`
`33
`
`Page 33 of 87
`
`
`
`Ding’s “Pure” Tantalum Film Does Not Preclude Nitrogen
`
`Ding distinguishes “pure” (single layer) Ta barrier films from
`multi‐layer TaN/Ta barrier layer structures
`
`Ex. 1005, 9:47‐50;
`
`See e.g., Reply Paper 19 (01249), at 15; Reply Paper 19 (01264), at 14
`
`Ex. 1005, 4:6‐11
`
`34
`
`Page 34 of 87
`
`
`
`Ding’s Top Film Does Not Require Pure Tantalum
`
`See e.g., Reply Paper 19 (01249), at 16; Reply Paper 19 (01264), at 15; Paper 20 (01249 & 01264), at 10
`
`35
`
`Ex. 1033, 1:47‐57
`
`Page 35 of 87
`
`
`
`“Tail of Nitrogen” When Nitrogen Shut Off During Sputtering
`
`Petitioner Expert, Dr. Banerjee
`
`Q.
`
`A.
`
`And then when you shut off the nitrogen flow, you ‐‐ the
`result would be pure tantalum?
`But the devil’s in the details. So if you just shut off the
`nitrogen but then kept the sputtering process going
`between layer 15 and 16, presumably there’d be a tail of
`nitrogen, and then it would gradually die off.
`
`Ex. 2044, 95:9‐18.
`See also Ex. 1005, 7:21‐29 (Ding discloses shutting off nitrogen to form top film);
`Ex. 1004, 3:44‐47 (Zhang discloses shutting off nitrogen to form top film).
`
`See e.g., Resp. to Obs. Paper 37 (01249), at 6; Paper 37 (01264), at 6; Pet. Paper 2 (01249), at 19; Reply Paper 19
`(01249), at 10; Reply Paper 19 (01264), at 10.
`
`3636
`
`Page 36 of 87
`
`
`
`Obvious to Add Nitrogen in Ding’s Top Film
`
`Petition, Paper 2 (01249), 18
`
`Adding nitrogen to Ding’s top film:
`• Reduces resistivity of the film
`• Blocks fast diffusion paths on grain boundaries
`• Improves ease of chemical‐mechanical polishing
`
`See e.g., Pet. Paper 2 (01249), at 24‐30
`
`37
`
`Page 37 of 87
`
`
`
`Obvious to Add Nitrogen to Reduce Resistivity of Ding’s Top Film
`
`Ex. 2042, Fig. 1
`See e.g., Reply Paper 19 (01249), at 18; Reply Paper 19 (01264), at 24; Paper 20 (01249 & 01254), at 15
`
`3838
`
`Page 38 of 87
`
`
`
`Obvious to Add Nitrogen to Reduce Resistivity of Ding’s Top Film
`
`Ex. 1001, 12:1‐3
`
`See e.g., PO Obs. Paper 28 (01264 & 01249), at 11; Paper 37 (01264 & 01249) at 10‐11; Ex. 2044,
`119:1‐18; Reply Paper 19 (01249), at 18; Reply Paper 19 (01264), at 24; POR Paper 14 (01249), at 43
`
`3939
`
`Ex. 1001, Fig. 9
`
`Page 39 of 87
`
`
`
`Decrease in Resistivity as Nitrogen Added Is Desirable
`
`Patent Owner Expert, Dr. Harris
`
`A.
`
`Q. So is it within the scope of what’s taught in the ’324 patent to have a film that would
`have no nitrogen at all?
`It’s also apparent to anyone who is examining this of skill in the art that you can
`decrease from that number, which is favorable in terms of the value of resistivity
`by adding flow rate in the data points for all of the positions greater than
`zero. So you decrease resistivity by the addition of any amount of nitrogen,
`therefore, a person skilled in the art would not be motivated to not have
`nitrogen, based on this data [in Fig. 9 of the ’324 patent].
`Q. You're referring to the decrease in resistivity as nitrogen is added?
`A. Yes.
`Q. Which is desirable?
`A. You want the resistivity to go down.
`
`Ex. 1036, 125:3‐20. See e.g., Reply Paper 19 (01249), at 17‐18; Reply Paper 19 (01264), at
`24; POR Paper 14 (01249), at 43
`
`40
`
`Page 40 of 87
`
`
`
`Crystalline TaN0.1 in Top Film of ’324 Patent
`
`POR Paper 14 (01249), at 40 ; PO’s Reply Paper 25 (01249), at 11; PO’s Reply Paper 25 (01264), at 11
`
`Ex. 1001, 13:20‐23; see also Ex. 1006 at 9 (‐Ta with 5 at. % nitrogen)
`
`See e.g., Pet. Paper 2 (01249), at 32; Reply Paper 19 (01249), at 6;
`Pet. Paper 2 (01264), at 29; Reply Paper 19 (01264), at 6
`
`4141
`
`Page 41 of 87
`
`
`
`Small Amount of Nitrogen in Tantalum Film
`
`POR Paper 14 (01249), 50‐51; see also Pet. Paper 2 (01249), at 32‐33
`
`42
`
`Page 42 of 87
`
`
`
`Motion to Amend
`Omitted Material Prior Art
`Substitute Claims 11‐13 Are Unpatentable
`Substitute Claim 13 LacksWritten Description Support
`
`43
`
`Page 43 of 87
`
`
`
`Patent Owner Omitted Material Prior Art
`
`• Patent Owner duty of candor to show unpatentability over prior art
`“known to the patent owner”
`“At the heart of Idle Free, as interpreted by MasterImage 3D, is the
`question of whether the patent owner has submitted the necessary
`information to comply with its duty of candor to the office.” Nike, Inc. v.
`Adidas AG, No. 2014‐1719, slip op. at 40 (Fed. Cir. Feb. 11, 2016).
`• Exhibit 1037 (invalidity contentions) mapped asserted claims to Exhibits
`1025‐1031 on element‐by element basis
`• Patent Owner omitted Exhibits 1025‐1031 from Motion to Amend
`• Explanation in Patent Owner Reply is untimely
`37 C.F.R. 42.20(c): “The moving party has the burden of proof to
`establish that it is entitled to the requested relief.”
`See e.g., Paper 20 (01249), at 1‐6; Paper 20 (01264), at 1‐6
`
`44
`
`Page 44 of 87
`
`
`
`Patent Owner Omitted Material Prior Art
`
`Patent Owner Expert, Dr. Harris
`
`Q. Did you analyze any invalidity contentions for the '324
`patent as served on IP Bridge by any defendant in the related
`District Court litigation?
`A. I did not.
`Q. Did you analyze any invalidity charts for the '324 patent as
`served on IP Bridge by any defendant in the related District
`Court litigation?
`A. I did not.
`See e.g., Paper 20 (01249), at 3; Paper 20 (01264), at 3
`
`Ex. 1036 at 21:8‐16
`
`45
`
`Page 45 of 87
`
`
`
`Patent Owner Argument Based on Unreliable JP Translation
`
`• Patent Owner admits Ex. 1025 (Cho) discloses multi‐layer barrier 5, 6, 7
`with top “nitrogen‐rich” crystalline layer 7 with higher nitrogen content.
` PO Reply to Opp. to Motion to Amend, Paper 25, at 2‐3
` Same as nitrogen “throughout” sought in Substitute Claims
`• Patent Owner argues cumulative of Exs. 2016, 2017 (English translation)
`
`Excerpts from Ex. 2017 at 1
`
`4646
`
`Page 46 of 87
`
`
`
`Substitute Claims 11‐13 Require Nitrogen “Throughout”
`
`See e.g., Motion to Amend, Paper 16 (01264), at 8; Paper 15 (01249), at 7‐8.
`
`4747
`
`Page 47 of 87
`
`
`
`Substitute Claims 11‐13
`
`Patent Owner Reply does not distinguish Claim 13 from
`prior‐art grounds in Petitioner’s Opposition
`
`See e.g., Reply to Opp. to Mot. to Amend, Paper 25 (01249, 01264), 7‐11; Opp. to Mot. to Amend, Paper 20 (01249, 01264), 11‐19
`
`48
`
`Page 48 of 87
`
`
`
`Zhang and Ding Render Obvious Substitute Claims 11‐12
`
`• Claims 1 and 5 – dispute whether Zhang and Ding render obvious
`nitrogen “throughout” top barrier film
`
`• Exactly the same issue for Substitute Claims 11 and 12
`
`Claim 11: “nitrogen being present throughout the first film”
`
`Claim 12: “said first film contains nitrogen in a portion being
`in contact with said copper film”
`
`See e.g., Paper 20 (01249), at 7; Paper 20 (01264), at 7
`
`49
`
`Page 49 of 87
`
`
`
`Zhang Discloses Nitrogen “Throughout” Top Film 32
`
`Ex. 1004, 3:57‐62
`
`See e.g., Paper 20 (01249), at 7‐8; Paper 20 (01264), at 7‐8
`
`Ex. 1004, 5:54‐59
`
`50
`
`Page 50 of 87
`
`
`
`Ding’s Top Film Contains a Small Amount of Nitrogen
`
`See e.g., Paper 20 (01249), at 10; Paper 20 (01264), at 10
`
`Ex. 1033, 1:47‐57
`
`51
`
`Page 51 of 87
`
`
`
`Substitute Claims 11‐13 Also Obvious Over Ding and Zhang
`Further in View of Nogami
`
`• Nogami teaches multi‐layered Cu‐diffusion barrier film
`
`See e.g., Paper 20 (01249), at 15; Paper 20 (01264), at 15
`
`Ex. 2039, Fig. 1
`
`52
`
`Page 52 of 87
`
`
`
`Substitute Claims 11‐13 Also Obvious Over Ding and Zhang
`Further in View of Nogami
`
`• Nogami teaches nitrogen “throughout” top barrier film
`
`Ex. 2039, Abstract
`
`See e.g., Paper 20 (01249), at 15; Paper 20 (01264), at 15
`
`Ex. 2039, 5:39‐42
`
`53
`
`Page 53 of 87
`
`
`
`Lack of Written Description for Substitute Claim 13
`
`“wherein said first film being composed of crystalline metal containing nitrogen
`therein is a solid solution”
`
`Petitioner Construction Under BRI
`“a homogeneous mixture of a
`substance in a single solid phase”
`
`Patent Owner Construction
`“a homogeneous, solid mixture of
`substance”
`
`Paper 20 (01249), at 20‐21;
`Paper 20 (01264), at 20‐21
`
`Paper 20 (01249), at 12;
`Paper 20 (01264), at 12
`
`See e.g., Paper 19 (01249), at 6; Paper 19 (01264), at 6
`
`Ex. 1001, 13:20‐23
`
`54
`
`Page 54 of 87
`
`
`
`Solid Solution Consists of a Single Material Phase
`
`Ex. 2036, 3 (annotated by Patent Owner)
`
`Ex. 2010, 4
`
`See e.g., Paper 20 (01249), at 20; Paper 20 (01264), at 20; see also Ex. 1036, 188:13‐17
`
`Ex. 2010, 4
`
`55
`
`Page 55 of 87
`
`
`
`β-Ta and TaN0.1 in ’324 Patent are Different Phases
`
`Patent Owner Expert, Dr. Harris
`
`Q. You said TaN0.1 is a known crystalline phase. Is that a
`different known crystalline phase than beta tantalum?
`A. TaN0.1? Yes, it's a different material.
`Q. When you say different material, is that the same as saying
`different material phase?
`A. Well, one is inclusive and the other TaN0.1 is a binary phase
`material, and beta‐phase tantalum is a unary material.
`
`See e.g., Paper 20 (01249), at 21; Paper 20 (01264), at 21
`
`Ex. 1036 at 194:20‐195:6.
`
`56
`
`Page 56 of 87
`
`
`
`Epistar Is Inapposite
`
`• Epistar, a non‐precedential decision, does not require “experiments
`or actual test results” to establish obviousness in the Petition
`
`“It is well‐established that a determination of obviousness
`based on teachings from multiple references does not require
`an actual, physical substitution of elements.” See Fujitsu
`Semiconductor v. Zond, LLC, IPR2014‐00781, Paper 53 at 21.
`
`• Epistar involved direct substitution of GaN and AlN buffer layers,
`unlike instituted grounds based on Zhang and Ding
`
`Ex. 1036, 133:17‐134:3 (Patent Owner expert admitting “No
`substitution necessary” with regards to Zhang and Ding).
`
`See e.g., Paper 19 (01249), at 22‐23; Paper 19 (01264), at 25‐26
`
`57
`
`Page 57 of 87
`
`
`
`Additional Slides
`
`Additional Slides
`
`
`58
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`Page 58 of 87
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`
`
`Possible to Detect Nitrogen Under 5 Atomic Percent in Zhang
`
`Patent Owner Expert, Dr. Harris
`
`A.
`
`Q.
`
`If the upper surface of the tantalum‐rich tantalum nitride film 32 in Zhang contained 4
`atomic percent nitrogen, do you believe that could be measured using instrumentation
`at the time of the '324 patent?
`If there had been 4 percent, and some of the best time of flight SIMS measurements
`had been made, then 4 percent could have been measured at ‐‐ over a volume that is
`in near proximity to the surface, because it requires a volume for measurement.
`Surface measurements would require things that are not readily accessible to see
`that, typically. They would have to go through extreme measures to acquire an
`analysis of the surface that would give you 4 percent.
`Q. So 4 atomic percent nitrogen at the surface of film 32 could be measured, in your
`opinion?
`A. Potentially. Potentially.
`
`Ex. 1036, 44:11‐45:7. See e.g., Paper 19 (01249), at 13; Paper 19 (01264), at 12
`
`.
`59
`
`Page 59 of 87
`
`
`
`Zhang’s Crystalline/Amorphous Films Obvious in Light of Ding
`
`See e.g., Decision Paper 7 (01264), at 11.
`
`60
`
`Page 60 of 87
`
`
`
`Sputtering Process for Forming Zhang’s Top Film 32
`
`Ex. 1004, 3:44‐47
`
`See e.g., Reply Paper 19 (01249), at 10, 21; Reply Paper 19 (01264), at 10, 22
`
`61
`
`Page 61 of 87
`
`
`
`Zhang’s Substrate Bias Promotes Crystallinity of Top Film 32
`
`Patent Owner Expert, Dr. Harris
`
`Q. In paragraphs 170 and 171 of your 1264 declaration,
`you agree that applying a substrate bias for only the
`top film 32 in Zhang was indeed known to improve the
`opportunity to form more crystalline material, correct?
`A. Yes.
`
`Ex. 1036, 226:16‐21.
`
`See e.g., Reply Paper 19 (01249), at 21; Reply Paper 19 (01264), at 22
`
`62
`
`Page 62 of 87
`
`
`
`’324 Patent Does Not Require RF Sputtering
`
`Ex. 1001, 14:15‐20
`
`See e.g., Reply Paper 19 (01249), at 20; Reply Paper 19 (01264), at 21
`
`Ex. 1036, 117:2‐5
`
`63
`
`Page 63 of 87
`
`
`
`Sun Fig. 6 Lacks Data at Low Nitrogen Concentration
`
`Ex. 2042, Fig. 1
`
`Ex. 1007 (Sun), Fig. 6
`
`See e.g., Reply Paper 19 (01264), at 23‐24; Reply Paper 19 (01249), at 18
`
`64
`
`Page 64 of 87
`
`
`
`Adding Nitrogen to Ta Improves Cu‐Diffusion Barrier
`
`See e.g., Pet. Paper 2 (01249), at 28
`
`Ex. 1023 at 8
`
`65
`
`Page 65 of 87
`
`
`
`Adding Nitrogen to Ta Improves Polishing Characteristics
`
`Petitioner Expert, Dr. Banerjee
`
`Q.
`
`I’m just asking ‐‐ you’re asking for adhesion. You said the desire is for
`adhesion. Doesn’t pure tantalum adhere better to copper than tantalum
`nitride?
`A. But there’s many aspects with a problem. Not only do you want things to
`adhere. There’s things like, you know, subsequent to the deposition of the
`copper you have to polish it down using chemical mechanical polishing, and
`there’s cited art where if you have a little bit of nitrogen added to the
`tantalum, it doesn’t degrade the crystalline properties. It’s an optimization
`problem, an engineering problem.
`
`Ex. 2044, 99:1‐21.
`
`See e.g., Resp. to Obs. Paper 37 (01249), at 9; Paper 37 (01264), at 9
`
`6666
`
`Page 66 of 87
`
`
`
`’324 Patent – Construction of “said second film”
`
`“said second film being composed of
`amorphous metal nitride”
`
`Board Construction Under BRI
`
`Patent Owner Construction
`
`“no express construction is necessary.”
`
`“a film consisting essentially of a non‐
`crystalline metal nitride throughout.”
`
`See e.g., Decision Paper 7 (01249), at 8;
`Decision Paper 7 (01264), at 8
`
`See e.g., POR Paper 14 (01249), at 16;
`POR Paper 14 (01264), at 17
`
`6767
`
`Page 67 of 87
`
`
`
`’324 Patent – Construction of “composed of”
`
`Board Construction Under BRI
`
`Patent Owner Construction
`
`“no express construction is necessary.”
`
`“consisting essentially of.”
`
`See e.g., Decision Paper 7 (01249), at 7‐8;
`Decision Paper 7 (01264), at 7‐8
`
`See e.g., POR Paper 14 (01249), at 13;
`POR Paper 14 (01264), at 13
`
`6868
`
`Page 68 of 87
`
`
`
`PO Expert Agrees Ding’s Top Film May Contain Nitrogen
`
`Patent Owner Expert, Dr. Harris
`
`Q.
`
`Is it your opinion that where Zhang discloses, by keeping the nitrogen
`concentration at the surface that contacts copper relatively low, that
`means having absolutely no nitrogen at the surface that contacts
`copper?
`A. I can't say that with a high degree of certainty, absolutely no nitrogen,
`because it would be within the limits of measurements of nitrogen
`concentration at the time. And within the limits of measurement of the
`nitrogen concentration, it would appear to be zero.
`
`Ex. 1036, 42:15‐21.
`
`See e.g., Reply Paper 19 (01249), at 9; Reply Paper 19 (01264), at 8‐9
`
`6969
`
`Page 69 of 87
`
`
`
`First Film Need Not “Consist Essentially of” Crystalline Metal
`
`Petitioner Expert, Dr. Banerjee
`
`A.
`
`Q.
`
`In your opinion would composed of be interpreted to mean
`comprising, which is more open ended?
`I mean, if you look at the objectives of the ’324 patent, the role of
`the first film is to enable the copper to stick very well to that first
`film, so as long as the crystalline component of that was large
`enough to enable good adhesion properties, that’d be okay. But if
`you kept adding more and more of this amorphous nitride where it
`causes the copper to delaminate, I don’t think that would be okay.
`Ex. 2044, 53:17‐54:6.
`
`See e.g., Paper 37 (01249), at 4‐5; Paper 37 (01264), at 4‐5.
`
`70
`
`Page 70 of 87
`
`
`
`District Court Construction Different Analysis/Standard
`
`Petitioner Expert, Dr. Banerjee
`
`Q.
`
`A.
`
`Why should the Board accept your understanding of how a
`person of ordinary skill in the art would construe the phrase
`“said first film being composed of crystalline metal
`containing nitrogen therein” as to ‐‐ as opposed to accepting
`the District Court’s claim interpretation?
`I don’t know if the District Court went through this
`discussion that we had earlier about the heterogeneity of
`the films versus homogeneity of the films and all that but ‐‐
`
`Ex. 2044, 122:15‐123:5.
`
`See e.g., Resp. to Obs. Paper 37 (01249), at 6; Paper 37 (01264), at 6
`
`7171
`
`Page 71 of 87
`
`
`
`PO Expert Admits Goal of Zhang to Form Crystalline Top Film 32
`
`Patent Owner Expert, Dr. Harris
`
`Q. Now, referring back to your annotated figure 4 on page 41 of your 1264 declaration, is it
`your opinion that a person of ordinary skill in the art at the relevant time would have
`recognized that the upper surface of the top film 32 in Zhang was crystalline?
`They would have recognized that the upper film, the upper surface of film 32 [in Zhang]
`was crystalline.
`
`A.
`
`A.
`
`Q.
`
`So a person of ordinary skill of the art at the relevant time would have understood that
`Zhang teaches a barrier film with an amorphous tantalum nitride bottom film 22 and a
`crystalline top film 32, is that correct?
`They would have understood. I need to be very clear here. They would have understood
`that the goal of the top surface of the film, the film 32 is crystalline in preparation for
`copper deposition.
`Ex. 1036, 79:9‐80:3; see also id. 74:1‐2 (“A. The purpose of the top of film 32 [in Zhang] is to
`improve the adhesion of copper that is deposited”).
`Paper 19 (01264), at 17
`
`72
`
`Page 72 of 87
`
`
`
`’324 Patent – Benefits of Two‐Layer Barrier Film
`
`Ex. 1001, 6:32‐36
`
`See e.g., POR Paper 14 (01249), at 5‐6; POR Paper 6 (01264), at 6
`
`Ex. 1001, 6:42‐47
`
`73
`
`Page 73 of 87
`
`
`
`Prior Art Discloses Added Limitations in Substitute Claim 11
`
`New Limitation in Substitute Claim 11
`the nitrogen being present throughout the first
`film
`
`Prior Art Citations in Petitioner’s Opposition
`See, e.g., Ex. 1004 (Zhang), 3:14‐16, 3:53‐62, 5:57‐59,
`6:47‐54, FIG. 4; Ex. 2039 (Nogami), 3:38‐39, 5:11‐16; Ex.
`1033 (Chiang), 1:44‐57
`
`See e.g., Paper 20 (01249), at 8‐9, 13‐19; Paper 20 (01264), at 8‐9, 13‐19
`
`74
`
`Page 74 of 87
`
`
`
`Prior Art Discloses Added Limitations in Substitute Claim 12
`
`New Limitations in Substitute Claim 12
`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
`
`Prior Art Citations in Petitioner’s Opposition
`See, e.g., Ex. 1004, Abstract, 5:57‐59; Ex. 2039, Abstract,
`3:8‐15, 5:39‐42.
`See, e.g., Ex. 1004, 3:14‐16, 3:53‐62, 5:57‐59, 6:47‐54,
`FIG. 4; Ex. 2039, 3:38‐39, 5:11‐16; Ex. 1033, 1:44‐57
`
`See e.g., Paper 20 (01249), at 8‐9, 13‐19; Paper 20 (01264), at 8‐9, 13‐19
`
`75
`
`Page 75 of 87
`
`
`
`Prior Art Discloses Added Limitations in Substitute Claim 13
`
`New Limitations in Substitute Claim 13
`wherein said first film being composed of
`crystalline metal containing nitrogen therein is
`a solid solution
`a copper film is formed on and in direct
`contact with said first film
`
`Prior Art Citations in Petitioner’s Opposition
`See, e.g., Ex. 1004, 3:14‐16, 3:53‐62, 5:57‐59, 6:47‐54,
`FIG. 4; Ex. 1005, Abstract, 8:1‐4, Ex. 2039, 3:38‐39, 5:11‐
`16; Ex. 1033, 1:44‐57.
`See, e.g., Ex. 1004, Abstract, 5:57‐59; Ex. 2039, Abstract,
`3:8‐15, 5:39‐42.
`
`See e.g., Paper 20 (01249), at 8‐9, 13‐19; Paper 20 (01264), at 8‐9, 13‐19
`
`76
`
`Page 76 of 87
`
`
`
`’324 Patent – Restriction Requirement
`
`Ex. 1002, 202
`
`See e.g., Pet. Paper 2 (01249), at 7‐8; Pet. Paper 2 (01264), at 8
`
`77
`
`Page 77 of 87
`
`
`
`’324 Patent – Claim Amendments
`
`Ex. 1002, 222
`
`Ex. 1002, 247
`
`See e.g., Pet. Paper 2 (01249), at 8; Pet. Paper 2 (01264), at 8‐9
`
`78
`
`Page 78 of 87
`
`
`
`Challenged Claims
`
`Challenged Claims
`
`
`79
`
`Page 79 of 87
`
`
`
`’324 Patent – Independent Claim 1
`
`80
`
`Page 80 of 87
`
`
`
`’324 Patent – Dependent Claim 2
`
`81
`
`Page 81 of 87
`
`
`
`’324 Patent – Dependent Claim 3
`
`82
`
`Page 82 of 87
`
`
`
`’324 Patent – Independent Claim 5
`
`83
`
`Page 83 of 87
`
`
`
`’324 Patent – Dependent Claim 6
`
`84
`
`Page 84 of 87
`
`
`
`’324 Patent – Dependent Claim 7
`
`85
`
`Page 85 of 87
`
`
`
`’324 Patent – Dependent Claim 9
`
`86
`
`Page 86 of 87
`
`
`
`Case Nos.: IPR2016-01249, IPR2016-01264
`Patent No. 6,538,324
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that I served a true and
`
`correct copy of the PETITIONER’S DEMONSTRATIVES by electronic mail,
`
`on this 3rd day of August, 2017, on counsel of record for the Patent Owner as
`
`follows:
`
`Michael J. Fink (Reg. No. 31,827)
`E-mail: mfink@gbpatent.com
`
`Neil F. Greenblum (Reg. No. 28,394)
`E-mail: ngreenblum@gbpatent.com
`
`Arnold Turk (Reg. No. 33,094)
`Email: aturk@gbpatent.com
`
`Greenblum & Bernstein, P.L.C.
`1950 Roland Clarke Place
`Reston, Virginia 20191
`Tel: 703-716-1191
`
`
`Patent Owner has agreed to electronic service.
`
`Dated: August 3, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
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`
`
`
`
`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`
`
`Page 87 of 87
`
`
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