`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD.,
`and GLOBALFOUNDRIES U.S. INC.,
`Petitioners,
`
`v.
`
`GODO KAISHA IP BRIDGE 1,
`Patent Owner.
`
`
`Case IPR2016-013771
`
`Patent 6,197,696 B1
`
`
`
`
`
`
`
`
`
`Before JUSTIN T. ARBES, MICHAEL J. FITZPATRICK, and
`JENNIFER MEYER CHAGNON, Administrative Patent Judges.
`
`
`PETITIONER’S MOTION TO EXCLUDE EVIDENCE
`UNDER 37 C.F.R. § 42.64(c)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 GlobalFoundries U.S. Inc.’s motion for joinder in IPR2017-00922 was granted.
`
`
`
`
`
`
`IPR2016-01377, IPR2017-00922
`
`Patent 6,197,696 B1
`
`Petitioner TSMC moves to exclude Exhibits 2015, 2018, and 2019 under 37
`
`C.F.R. § 42.64(c) as irrelevant and non-probative under Fed. R. Evid. 401, 402,
`
`and 403. The Exhibits are:
`
`Handbook of VLSI Microlithography, Second Edition, Principles,
`Technology, and Applications, edited by John N. Helbert, Noyes
`Publications, William Andrew Publishing, LLC, 2001 (excerpted).
`
`(excerpted) (Smith Deposition Exhibit 9).
`
`Microlithography: Science and Technology, 2nd ed., by Kazuaki
`
`Suzuki and Bruce W. Smith, CRC Press, 2007 (Chapter 12)
`
`(excerpted) (Smith Deposition Exhibit 3).
`
`Microlithography: Science and Technology, 2nd ed., by Kazuaki
`
`Suzuki and Bruce W. Smith, CRC Press, 2007 (Chapter 11)
`
`On April 29, 2017, Petitioner objected to Exhibits 2015, 2018, and 2019 as
`
`irrelevant to any material facts at issue in this proceeding, and because their
`
`tendency to confuse the issues, mislead the Board, waste time, and needlessly
`
`present cumulative evidence substantially outweighs any probative value Patent
`
`Owner may assign them. Paper 20, at 1—2.
`
`Exhibit 2015, which bears a copyright date of 2001, was published after the
`
`date of invention, which is March 23, 1999. See, e.g., Paper 11, at 19—26. Exhibits
`
`2018 and 2019 both bear copyright dates of 2007, which also post—date the alleged
`
`invention. Patent Owner further provided excerpts from a 1991 edition of the
`
`
`
`IPR2016-01377, IPR2017-00922
`Patent 6,197,696 B1
`
`
`textbook from which Exhibit 2015 was taken (see generally EX20272) and
`
`excerpts from a 1998 edition of the textbook from which Exhibits 2018 and 2019
`
`were taken (see generally EX2017).
`
`To the extent Patent Owner relies on Exhibits 2015, 2018, or 2019 for the
`
`information they contained in the earlier editions (Exhibits 2017 and 2027), those
`
`exhibits present “needlessly present[] cumulative evidence.” Fed. R. Evid. 403. To
`
`the extent Patent Owner relies on Exhibits 2015, 2018, or 2019 for information
`
`absent from the earlier editions, Patent Owner is citing “impermissible . . . later
`
`knowledge about later art-related facts.” In re Hogan, 559 F.2d 595, 605 (CCPA
`
`1977). Exhibits 2015, 2018, and 2019 are therefore inadmissible under Fed. R.
`
`Evid. 401, 402, and 403, and Petitioner requests that the Board exclude them
`
`Dated: August 15, 2017
`
`Respectfully submitted,
`
`
`
`By: /Darren M. Jiron/
`Darren M. Jiron
`Reg. No. 45,777
`
`
`Lead Counsel for Petitioner
`
`
`
`
`2 Patent Owner served Exhibit 2027 in response to Petitioner’s objections
`
`filed on April 21, 2017 (see generally Paper 20), but EX2027 has not been filed.
`
` 2
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`
`
`
`
`
`
`IPR2016-01377, IPR2017-00922
`Patent 6,197,696 B1
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), this is to certify that I caused to be served a
`
`true and correct copy of the PETITIONER’S MOTION TO EXCLUDE
`
`EVIDENCE UNDER 37 C.F.R. § 42.64(c) by electronic mail, this 15th day of
`
`August, 2017, on counsel of record for the Patent Owner as follows:
`
`Andrew N. Thomases
`andrew.thomases@ropesgray.com
`
`J. Steven Baughman
`sbaughman@paulweiss.com
`
`Jordan M. Rossen
`jordan.rossen@ropesgray.com
`
`James L. Davis, Jr.
`james.l.davis@ropesgray.com
`
`
`
`
`
`
`
`
`
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`
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`IPBridgeTSMCPTABService@ropesgray.com
`
`Patent Owner has agreed to electronic service.
`
`
`A true and correct copy of the PETITIONER’S MOTION TO EXCLUDE
`
`EVIDENCE UNDER 37 C.F.R. § 42.64(c) was also served on August 15, 2017,
`
`via email directed to counsel of record for Petitioner GlobalFoundries U.S. Inc. at
`
`the following:
`
`
`
`
`
`
`
`
`
`
`
`
`
`David Tennant
`dtennant@whitecase.com
`
`Shamita Etienne-Cummings
`setienne@whitecase.com
`
`
`
`
`
`
`Allen Wang
`allen.wang@whitecase.com
`
`
`
`
`
`IPR2016-01377, IPR2017-00922
`Patent 6,197,696 B1
`
`
`
`
`
`
`
`
`
`Dated: August 15, 2017
`
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`wcptab@whitecase.com
`
`WCGlobalFoundriesIPR1Team@whitecase.com
`
`
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`
`
`
`
`
`
`
`
`By: /Lauren K. Young/
`Lauren K. Young
`Litigation Legal Assistant
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, L.L.P.
`
`
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