`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`GODO KAISHA IP BRIDGE 1,
`
`v.
`
`BROADCOM LIMITED, BROADCOM
`CORPORATION, AVAGO
`TECHNOLOGIES, LTD., AVAGO
`TECHNOLOGIES U.S., INC., and LSI
`CORPORATION
`
`
`§
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`§
`§
`§
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`§
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`§
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`CLAIM CONSTRUCTION
`MEMORANDUM AND ORDER
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` CASE NO. 2:16-CV-134-JRG-RSP
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`On October 7, 2016, the Court held a hearing to determine the proper construction of
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`
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`disputed claim terms in United States Patents No. 6,197,696, 6,538,324, 7,126,174, 8,354,726,
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`RE41,980, and RE43,729. Having reviewed the arguments made by the parties at the hearing
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`and in their claim construction briefing (Dkt. Nos. 67, 73 & 77),1 having considered the intrinsic
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`evidence, and having made subsidiary factual findings about the extrinsic evidence, the Court
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`hereby issues this Claim Construction Memorandum and Order. See Phillips v. AWH Corp., 415
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`F.3d 1303, 1314 (Fed. Cir. 2005); Teva Pharm. USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831, 841
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`
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`(2015).
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`1 Citations to documents (such as the parties’ briefs and exhibits) in this Claim Construction
`Memorandum and Order refer to the page numbers of the original documents rather than the
`page numbers assigned by the Court’s electronic docket unless otherwise indicated.
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`Table of Contents
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`I. BACKGROUND ....................................................................................................................... 4
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`II. LEGAL PRINCIPLES ........................................................................................................... 4
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`III. THE PARTIES’ STIPULATED TERMS ........................................................................... 7
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`IV. DISPUTED TERMS IN U.S. PATENT NO. 7,126,174 ...................................................... 7
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`A. “a trench isolation surrounding an active area of a semiconductor substrate” ..................... 8
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`B. “composed of the same material” ....................................................................................... 10
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`V. DISPUTED TERMS IN U.S. PATENT NO. 8,354,726 ..................................................... 11
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`C. “formed on the side surface of the [first/second] gate electrode” ....................................... 11
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`D. “a stress-containing insulating film containing internal stress and formed to cover the
`first gate electrode, the first side-wall insulating film, the auxiliary pattern, and the
`second side-wall insulating film” ....................................................................................... 16
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`E. “the first gate electrode is formed on the first active region through a gate insulating
`film including nitrogen” ...................................................................................................... 17
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`F. “an interlayer insulating film on the silicide layer through the stress-containing
`insulating film” ................................................................................................................... 19
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`VI. DISPUTED TERMS IN U.S. PATENT NO. 6,197,696 .................................................... 20
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`G. “using the [first resist pattern/second resist pattern and the mask pattern/patterned third
`insulating film] as a mask” ................................................................................................. 20
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`VII. DISPUTED TERMS IN U.S. PATENT NO. 6,538,324 .................................................. 22
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`H. Preambles of Claims 1 and 5 of the ’324 Patent ................................................................. 22
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`I. “film” .................................................................................................................................... 25
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`J. “said first film being composed of crystalline metal containing nitrogen therein” ............. 27
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`K. “said second film being composed of amorphous metal nitride” ....................................... 31
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`L. “[said barrier film being constituted of] common metal atomic species” ........................... 32
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`VIII. DISPUTED TERMS IN U.S. PATENT NO. RE41,980 ................................................ 33
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`M. “a surface protecting film” ................................................................................................. 33
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`N. “interlayer insulating film” ................................................................................................. 35
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`O. “small dielectric constant” .................................................................................................. 36
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`P. “said bonding pad in said opening and said second dielectric film of said surface
`protecting film completely cover said first dielectric film so as not to expose said first
`dielectric film” .................................................................................................................... 40
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`Q. “wherein said bonding pad covers said opening” ............................................................... 42
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`IX. DISPUTED TERMS IN U.S. PATENT NO. RE43,729 ................................................... 43
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`R. “performed within one cycle” ............................................................................................. 43
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`S. “predetermined instruction” ................................................................................................ 46
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`T. “detecting / detecting unit” .................................................................................................. 47
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`X. CONCLUSION...................................................................................................................... 47
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`APPENDIX A .............................................................................................................................. 49
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`I. BACKGROUND
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`Plaintiff has alleged infringement of United States Patents No. 6,197,696 (“the ’696
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`Patent”), 6,538,324 (“the ’324 Patent”), 7,126,174 (“the ’174 Patent”), 8,354,726 (“the ’726
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`Patent”), RE41,980 (“the ’980 Patent”), and RE43,729 (“the ’729 Patent”) (collectively, the
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`“patents-in-suit”).
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`Below, the Court addresses the disputed terms on a patent-by-patent basis, as the parties
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`have done in their briefing, and in the order set forth in the parties’ briefing.
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`Shortly before the start of the October 7, 2016 hearing, the Court provided the parties
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`with preliminary constructions with the aim of focusing the parties’ arguments and facilitating
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`discussion. Those preliminary constructions are set forth below within the discussion for each
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`term.
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`II. LEGAL PRINCIPLES
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`
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`“It is a ‘bedrock principle’ of patent law that ‘the claims of a patent define the invention
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`to which the patentee is entitled the right to exclude.’” Phillips v. AWH Corp., 415 F.3d 1303,
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`1312 (Fed. Cir. 2005) (en banc) (quoting Innova/Pure Water Inc. v. Safari Water Filtration Sys.,
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`Inc., 381 F.3d 1111, 1115 (Fed. Cir. 2004)). Claim construction is clearly an issue of law for the
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`court to decide. Markman v. Westview Instruments, Inc., 52 F.3d 967, 970-71 (Fed. Cir. 1995)
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`(en banc), aff’d, 517 U.S. 370 (1996). “In some cases, however, the district court will need to
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`look beyond the patent’s intrinsic evidence and to consult extrinsic evidence in order to
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`understand, for example, the background science or the meaning of a term in the relevant art
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`during the relevant time period.” Teva Pharms. USA, Inc. v. Sandoz, Inc., 135 S. Ct. 831, 841
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`(2015) (citation omitted). “In cases where those subsidiary facts are in dispute, courts will need
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`to make subsidiary factual findings about that extrinsic evidence. These are the ‘evidentiary
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`underpinnings’ of claim construction that we discussed in Markman, and this subsidiary
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`factfinding must be reviewed for clear error on appeal.” Id. (citing 517 U.S. 370).
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`To determine the meaning of the claims, courts start by considering the intrinsic
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`evidence. See Phillips, 415 F.3d at 1313; see also C.R. Bard, Inc. v. U.S. Surgical Corp., 388
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`F.3d 858, 861 (Fed. Cir. 2004); Bell Atl. Network Servs., Inc. v. Covad Commc’ns Group, Inc.,
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`262 F.3d 1258, 1267 (Fed. Cir. 2001). The intrinsic evidence includes the claims themselves, the
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`specification, and the prosecution history. See Phillips, 415 F.3d at 1314; C.R. Bard, 388 F.3d
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`at 861. Courts give claim terms their ordinary and accustomed meaning as understood by one of
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`ordinary skill in the art at the time of the invention in the context of the entire patent. Phillips,
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`415 F.3d at 1312-13; accord Alloc, Inc. v. Int’l Trade Comm’n, 342 F.3d 1361, 1368 (Fed. Cir.
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`2003).
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`
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`The claims themselves provide substantial guidance in determining the meaning of
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`particular claim terms. Phillips, 415 F.3d at 1314. First, a term’s context in the asserted claim
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`can be very instructive. Id. Other asserted or unasserted claims can aid in determining the
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`claim’s meaning because claim terms are typically used consistently throughout the patent. Id.
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`Differences among the claim terms can also assist in understanding a term’s meaning. Id. For
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`example, when a dependent claim adds a limitation to an independent claim, it is presumed that
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`the independent claim does not include the limitation. Id. at 1314-15.
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`“[C]laims ‘must be read in view of the specification, of which they are a part.’” Id.
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`at 1315 (quoting Markman, 52 F.3d at 979 (en banc)). “[T]he specification ‘is always highly
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`relevant to the claim construction analysis. Usually, it is dispositive; it is the single best guide to
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`the meaning of a disputed term.’” Phillips, 415 F.3d at 1315 (quoting Vitronics Corp. v.
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`Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996)); accord Teleflex, Inc. v. Ficosa N. Am.
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`Corp., 299 F.3d 1313, 1325 (Fed. Cir. 2002). This is true because a patentee may define his own
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`terms, give a claim term a different meaning than the term would otherwise possess, or disclaim
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`or disavow the claim scope. Phillips, 415 F.3d at 1316. In these situations, the inventor’s
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`lexicography governs. Id. The specification may also resolve the meaning of ambiguous claim
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`terms “where the ordinary and accustomed meaning of the words used in the claims lack
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`sufficient clarity to permit the scope of the claim to be ascertained from the words alone.”
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`Teleflex, 299 F.3d at 1325. But, “[a]lthough the specification may aid the court in interpreting
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`the meaning of disputed claim language, particular embodiments and examples appearing in the
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`specification will not generally be read into the claims.” Comark Commc’ns, Inc. v. Harris
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`Corp., 156 F.3d 1182, 1187 (Fed. Cir. 1998) (quoting Constant v. Advanced Micro-Devices, Inc.,
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`848 F.2d 1560, 1571 (Fed. Cir. 1988)); accord Phillips, 415 F.3d at 1323.
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`
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`The prosecution history is another tool to supply the proper context for claim
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`construction because a patent applicant may also define a term in prosecuting the patent. Home
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`Diagnostics, Inc., v. Lifescan, Inc., 381 F.3d 1352, 1356 (Fed. Cir. 2004) (“As in the case of the
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`specification, a patent applicant may define a term in prosecuting a patent.”). “[T]he prosecution
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`history (or file wrapper) limits the interpretation of claims so as to exclude any interpretation that
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`may have been disclaimed or disavowed during prosecution in order to obtain claim allowance.”
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`Standard Oil Co. v. Am. Cyanamid Co., 774 F.2d 448, 452 (Fed. Cir. 1985).
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`Although extrinsic evidence can be useful, it is “less significant than the intrinsic record
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`in determining the legally operative meaning of claim language.” Phillips, 415 F.3d at 1317
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`(citations and internal quotation marks omitted). Technical dictionaries and treatises may help a
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`court understand the underlying technology and the manner in which one skilled in the art might
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`use claim terms, but technical dictionaries and treatises may provide definitions that are too
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`broad or may not be indicative of how the term is used in the patent. Id. at 1318. Similarly,
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`expert testimony may aid a court in understanding the underlying technology and determining
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`the particular meaning of a term in the pertinent field, but an expert’s conclusory, unsupported
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`assertions as to a term’s definition are entirely unhelpful to a court. Id. Generally, extrinsic
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`evidence is “less reliable than the patent and its prosecution history in determining how to read
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`claim terms.” Id.
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`
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`The Supreme Court of the United States has “read [35 U.S.C.] § 112, ¶ 2 to require that a
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`patent’s claims, viewed in light of the specification and prosecution history, inform those skilled
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`in the art about the scope of the invention with reasonable certainty.” Nautilus, Inc. v. Biosig
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`Instruments, Inc., 134 S. Ct. 2120, 2129 (2014). “A determination of claim indefiniteness is a
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`legal conclusion that is drawn from the court’s performance of its duty as the construer of patent
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`claims.” Datamize, LLC v. Plumtree Software, Inc., 417 F.3d 1342, 1347 (Fed. Cir. 2005)
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`(citations and internal quotation marks omitted), abrogated on other grounds by Nautilus, 134
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`S. Ct. 2120.
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`III. THE PARTIES’ STIPULATED TERMS
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`The parties reached agreement on constructions as stated in their July 29, 2016 P.R. 4-3
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`Joint Claim Construction and Prehearing Statement (Dkt. No. 59 at 2-5) and their September 23,
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`2016 Joint Claim Construction Chart (see Dkt. No. 80 at Ex. A). Those agreements are set forth
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`in Appendix A to the present Claim Construction Memorandum and Order.
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`IV. DISPUTED TERMS IN U.S. PATENT NO. 7,126,174
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`The ’174 Patent, titled “Semiconductor Device and Method of Manufacturing the Same,”
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`issued on October 24, 2006, and bears an earliest priority date of July 24, 1999. Plaintiff submits
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`that “[t]he ’174 patent relates to a novel transistor that is manufactured in a manner that
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`minimizes its size.” Dkt. No. 67 at 1.
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`A. “a trench isolation surrounding an active area of a semiconductor substrate”
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`Plaintiff’s Proposed Construction
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`Defendants’ Proposed Construction
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`“the trench isolation region forms the lateral
`boundary of an active area of a semiconductor
`substrate”
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`This term does not need construction and can
`be understood under its plain and ordinary
`meaning.
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`To the extent a construction is necessary:
`“a trench isolation region separating an active
`area of a semiconductor substrate from other
`areas of the semiconductor substrate”
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`Dkt. No. 59, Ex. A at 20; id., Ex. B at B-13. The parties submit that this term appears in Claim 1
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`of the ’174 Patent. Dkt. No. 59, Ex. A at 20; id., Ex. B at B-13.
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`
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`Shortly before the start of the October 7, 2016 hearing, the Court provided the parties
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`with the following preliminary construction: “Plain and ordinary meaning (Reject Defendants’
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`proposal of ‘lateral boundary[’]).”
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`(1) The Parties’ Positions
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`Plaintiff submits that “the words making up the phrase are readily understandable,” and
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`Plaintiff argues that Defendants’ proposal “does not provide clarity to the term.” Dkt. No. 67
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`at 2.
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`Defendants respond that “[w]ithout clarification, the term ‘surrounding’ could be
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`understood to mean that the trench isolation region forms the boundary of the active area in
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`either just one dimension, or in all dimensions (i.e., above, below, and laterally).” Dkt. No. 73
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`at 2.
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`Plaintiff replies that “swapping of the commonly used word ‘surrounding’ for the
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`uncommon phrase ‘forms the lateral boundary of’ is unhelpful to a jury and finds no support in
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`the intrinsic record (nor do Defendants cite any).” Dkt. No. 77 at 1. Plaintiff also urges that
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`“a jury would understand how a trench isolation region ‘surrounds’ the active area, in the same
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`way it would understand how a trench would surround any structure, such as a moat surrounds a
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`castle.” Id.
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`At the October 7, 2016 hearing, Defendants were amenable to a construction of plain
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`meaning, but Defendants objected to Plaintiff’s argument that the isolation region need not abut
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`the active area. Defendants submitted that in all disclosed and illustrated embodiments, the
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`isolation region abuts the perimeter of the active area.
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`(2) Analysis
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`Claim 1 of the ’174 Patent recites (emphasis added):
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`1. A semiconductor device, comprising:
`a trench isolation surrounding an active area of a semiconductor
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`substrate;
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`a gate insulating film formed over the active area;
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`a gate electrode formed over the gate insulating film;
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`first L-shaped sidewalls formed over the side surfaces of the gate
`electrode;
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`first silicide layers formed on regions located on the sides of the first
`L-shaped sidewalls within the active area[;]
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`an interconnection formed on the trench isolation; and
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`second L-shaped sidewalls formed over the side surfaces of the
`interconnection.
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`On balance, the word “surrounding” is sufficiently clear when read in context, and
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`Defendants’ proposal of “lateral boundary” would tend to confuse rather than clarify the scope of
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`the claim. In particular, Plaintiff’s expert has persuasively opined that whereas a “boundary”
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`may be a border, a “trench” is a three-dimensional structure. See Dkt. No. 67-1, Aug. 26, 2016
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`Schubert Decl. at ¶ 36. Further, Defendants’ proposal of “lateral” would improperly limit the
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`relative orientation of claim elements to a particular illustrated embodiment. See ’174 Patent at
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`Fig. 15(f); see also MBO Labs., Inc. v. Becton, Dickinson & Co., 474 F.3d 1323, 1333 (Fed. Cir.
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`2007) (“patent coverage is not necessarily limited to inventions that look like the ones in the
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`figures”).
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`The Court therefore hereby expressly rejects Defendants’ proposed construction. No
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`further construction is necessary. See U.S. Surgical Corp. v. Ethicon, Inc., 103 F.3d 1554, 1568
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`(Fed. Cir. 1997) (“Claim construction is a matter of resolution of disputed meanings and
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`technical scope, to clarify and when necessary to explain what the patentee covered by the
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`claims, for use in the determination of infringement. It is not an obligatory exercise in
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`redundancy.”); see also O2 Micro Int’l Ltd. v. Beyond Innovation Tech. Co., 521 F.3d 1351,
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`1362 (Fed. Cir. 2008) (“[D]istrict courts are not (and should not be) required to construe every
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`limitation present in a patent’s asserted claims.”); Finjan, Inc. v. Secure Computing Corp., 626
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`F.3d 1197, 1207 (Fed. Cir. 2010) (“Unlike O2 Micro, where the court failed to resolve the
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`parties’ quarrel, the district court rejected Defendants’ construction.”); ActiveVideo Networks,
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`Inc. v. Verizon Commcn’s, Inc., 694 F.3d 1312, 1326 (Fed. Cir. 2012); Summit 6, LLC v.
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`Samsung Elecs. Co., Ltd., 802 F.3d 1283, 1291 (Fed. Cir. 2015).
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`The Court therefore hereby construes “a trench isolation surrounding an active area of
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`a semiconductor substrate” to have its plain meaning.
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`B. “composed of the same material”
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`Plaintiff’s Proposed Construction
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`Defendants’ Proposed Construction
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`“composed of material having the same
`chemical formula”; This construction does not
`require identity between the types and
`quantities of contaminants, impurities and/or
`dopants added to the material.2
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`Plain and ordinary meaning
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`To the extent the plain and ordinary meaning
`must be stated, “composed of material having
`the same composition”
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`2 Plaintiff previously proposed that this term does not require construction. Dkt. No. 59, Ex. A
`at 20.
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`Dkt. No. 59, Ex. B at B-14; Dkt. No. 67 at 3. The parties submit that this term appears in
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`Claim 11 of the ’174 Patent. Dkt. No. 59, Ex. A at 20; id., Ex. B at B-14.
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`In their September 23, 2016 Joint Claim Construction Chart, the parties submitted an
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`agreement that this term has its “[p]lain and ordinary meaning.” Dkt. No. 80, Ex. A at 2. The
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`Court therefore sets forth the parties’ agreement in Appendix A to the present Claim
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`Construction Memorandum and Order.
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`V. DISPUTED TERMS IN U.S. PATENT NO. 8,354,726
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`The ’726 Patent, titled “Semiconductor Device and Method for Fabricating the Same,”
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`issued on January 15, 2013, and bears an earliest priority date of May 19, 2006. Plaintiff submits
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`that “[t]he ’726 patent presents a novel structure that improves the efficiency of transistors.”
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`Dkt. No. 67 at 4.
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`C. “formed on the side surface of the [first/second] gate electrode”
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`Plaintiff’s Proposed Construction
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`Defendants’ Proposed Construction
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`“substantially covering the side surface of the
`[first/second] gate electrode”3
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`Dkt. No. 59, Ex. B at B-17; Dkt. No. 67 at 5. The parties submit that this term appears in
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`“formed in contact with the side surface of the
`[first/second] gate electrode”
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`Claims 1 and 43 of the ’726 Patent. Dkt. No. 59, Ex. A at 24; id., Ex. B at B-17.
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`
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`Shortly before the start of the October 7, 2016 hearing, the Court provided the parties
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`with the following preliminary construction: “covering the side surface of the [first/second]
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`gate electrode.”
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`3 Plaintiff previously proposed that this term does not require construction. Dkt. No. 59, Ex. A
`at 24.
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`(1) The Parties’ Positions
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`Plaintiff argues that “[a] POSITA [(person of ordinary skill in the art)] would understand
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`that if a side-wall insulating film or sidewall is ‘formed on’ the side surface of a gate electrode,
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`then the side-wall insulating film/sidewall substantially covers the side surface of the gate
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`electrode because a side-wall insulating film/sidewall is intended to provide electric insulation
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`for the gate electrode and act as a spacer for proper implementation.” Dkt. No. 67 at 5. Plaintiff
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`argues that Defendants’ proposed interpretation is inconsistent with the context of the claims,
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`would exclude a preferred embodiment, and would give rise to an inconsistency in dependent
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`Claim 22. Id. at 5-6.
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`
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`Defendants respond that “each of the figures in the ’726 Patent illustrating the ‘formed
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`on’ feature shows the elements being formed in contact with the side surface of the first and
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`second gate electrodes.” Dkt. No. 73 at 6. Defendants also submit that “the claims use language
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`different from ‘formed on’ to describe instances where elements are not in direct contact.” Id.
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`Further, Defendants argue, “Plaintiff’s proposed construction eliminates the word ‘formed’
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`entirely from the term,” and “nowhere in the ’726 patent specification does the term
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`‘substantially cover’ (or any derivation thereof) appear at all.” Id. at 7.
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`Plaintiff replies that “Defendants rely on various figures that illustrate non-limiting
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`embodiments in the specification.” Dkt. No. 77 at 1 (citation omitted).
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`At the October 7, 2016 hearing, Plaintiff agreed with the Court’s preliminary
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`construction.
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`(2) Analysis
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`Claim 43 of the ’726 Patent, for example, recites (emphasis added):
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`43. A semiconductor device comprising:
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`a first active region surrounded with an isolation region of a
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`semiconductor substrate;
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`a first gate electrode formed over the first active region and having a
`protrusion protruding on the isolation region;
`a first side-wall insulating film formed on the side surface of the first gate
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`electrode;
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`a second active region surrounded with the isolation region of the
`semiconductor substrate;
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`a second gate electrode formed over the second active region, having a
`protrusion protruding on the isolation region, and formed over the semiconductor
`substrate to be spaced apart in the gate width direction from the protrusion of the
`first gate electrode;
`a second side-wall insulating film formed on the side surface of the second
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`gate electrode; and
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`a silicon nitride film formed to cover the first gate electrode, the first side-
`wall insulating film, the second gate electrode, and the second side-wall insulating
`film,
`wherein the distance between the first gate electrode and the second gate
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`electrode is smaller than the sum total of: the sum of the thicknesses of the first
`and second side-wall insulating films; and the double of the thickness of the
`silicon nitride film,
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`the side surfaces of the first and second gate electrodes are shifted in the
`gate length direction with each other,
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`a shift distance of the second gate electrode with respect to the first gate
`electrode is 0 μm or more and less than a predetermined value,
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`the predetermined value is a sum of: a sum of a gate length of the first gate
`electrode and a total thickness of the first side-wall insulating film and a part of
`the silicon nitride film formed on the side surface of the first gate electrode; and a
`total thickness of the second side-wall insulating film and a part of the silicon
`nitride film formed on the side surface of the second gate electrode.
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`The specification discloses that structures may be “formed between” gate electrodes and
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`sidewalls:
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`In FIGS. 14, 15A, and 15B, description has been made of the structure in which
`only the first sidewalls 15a and 15b having L-shaped cross sections are present.
`Alternatively, it is also acceptable that in addition to the first sidewalls 15a and
`15b, a sidewall (an offset spacer) having an I-shaped (plate-like) cross section is
`formed between the gate electrodes 13a and 13b and the associated first sidewalls
`15a and 15b. The liner film 19 may be formed of a single layer or multiple layers.
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`’726 Patent at 21:40-48 (emphasis added).
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`On one hand, although Plaintiff has argued that the disputed term must be construed so as
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`to encompass this disclosure of potentially intervening layers, “[i]t is not necessary that each
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`claim read on every embodiment.” Baran v. Med. Device Techs., Inc., 616 F.3d 1309, 1316
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`(Fed. Cir. 2010). Also, dependent Claim 22, cited by Plaintiff, recites that “the first side-wall
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`insulating film further includes an offset spacer having a plate-like cross section,” but this recital
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`of a sidewall that “includes” a spacer does not warrant allowing for a distinct intermediate layer.
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`Further, Defendants’ proposed interpretation appears to be consistent with the recital in
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`Claims 1, 8, 29, 34, and 43 that the second gate electrodes are “formed over” (not “formed on”)
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`respective active areas. See, e.g., Chi. Bd. Options Exch., Inc. v. Int’l Sec. Exch., LLC, 677 F.3d
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`1361, 1369 (Fed. Cir. 2012) (noting “[t]he general presumption that different terms have
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`different meanings”). Likewise, Claims 20, 21, and 41 recite that “the first gate electrode is
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`formed on the first active region through a gate insulating film.”
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`On the other hand, the specification also uses the phrase “formed on” despite the
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`presence of intervening layers:
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`For a typical semiconductor device, there may be the case where it is impossible
`to arrange the gate electrode 13a and the gate electrode 13b to face each other and
`thus as shown in FIG. 5A, they are disposed closely but in shifted relation. Even
`in such a case, if as shown in FIG. 5B, the gate shift distance L2 is not less than 0
`μm and less than 0.39 μm, the effect of reducing compressive stress in the channel
`width direction of the active region 10a, which is applied by a portion of the liner
`film 19 covering the protrusion of the gate electrode 13a, can be exerted. In this
`structure, 0.39 μm, which is the gate shift distance L2 described above, is the sum
`total of: the gate length of the gate electrode 13a (50 nm); the sum of the
`thicknesses of the first and second sidewalls 15a and 16a formed on one side
`surface of the gate electrode 13a and the thickness of the liner film 19 (20 nm+50
`nm+100 nm=170 nm); and the sum of the thicknesses of the first and second
`sidewalls 15b and 16b formed on one side surface of the gate electrode 13b and
`the thickness of the liner film 19 (20 nm+50 nm+100 nm=170 nm). That is to
`say, if the amount of shift of the gate electrode 13b in the gate length direction
`relative to the gate electrode 13a is within an extent such that the portion of the
`liner film 19 formed on the side surface of the gate electrode 13a and the portion
`of the liner film 19 formed on the side surface of the gate electrode 13b at least
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`partly overlap in the gate length direction, the effects as described above can be
`provided.
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`’726 Patent at 14:14-39 (emphasis added). Referenced Figure 5A of the ’726 Patent is
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`reproduced here and illustrates the sidewalls residing between the liner film and the gate
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`electrodes:
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`On balance, this disclosure in the ’726 Patent demonstrates that the term “formed on”
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`does not preclude the presence of intervening layers. As to the proper construction, Plaintiff has
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`not adequately supported its proposal of the word “substantially,” which would tend to introduce
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`vagueness without Plaintiff having shown any necessity for the word.
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`The Court therefore hereby construes “formed on the side surface of the [first/second]
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`gate electrode” to mean “covering the side surface of the [first/second] gate electrode.”
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`D. “a stress-containing insulating film containing internal stress and formed to cover the
`first gate electrode, the first side-wall insulating film, the auxiliary pattern, and the second
`side-wall insulating film”
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`Plaintiff’s Proposed Construction
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`Defendants’ Proposed Construction
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`“a single stress-containing insulating film
`containing internal stress and covering the first
`gate electrode, the first side-wall insulating
`film, the auxiliary pattern, and the second side-
`wall insulating film”4
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`This term does not need construction and can
`be understood under its plain and ordinary
`meaning.
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`To the extent a construction is necessary:
`“a stress-containing insulating film containing
`internal stress and fabricated to cover the first
`gate electrode, the first side-wall insulating
`film, the auxiliary pattern, and the second side-
`wall insulating film”
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`Dkt. No. 59, Ex. A at 25; Dkt. No. 80, Ex. A at 3. The parties submit that this term appears in
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`Claim 1 of the ’726 Patent. Dkt. No. 59, Ex. A at 25; id., Ex. B at B-18.
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`Shortly before the start of the October 7, 2016 hearing, the Court provided the parties
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`with the following preliminary construction: “a stress-containing insulating film containing
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`internal stress and also covering the first gate electrode, the first side-wall insulating film, the
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`auxiliary pattern, and the second side-wall insulating film.”
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`At the October 7, 2016 hearing, both sides stated that they had no objection to the Court’s
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`preliminary construction. The parties reached this agreement based on an understanding that
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`although a single film must satisfy all of the stated requirements, this disputed term does not
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`require that there be only one stress-containing insulating film.
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`The Court therefore hereby construes “a stress-containing insulating film containing
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`internal stress and formed to cover the first gate electrode, the first side-wall insulating
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`film, the auxiliary pattern, and the second side-wall insulating film” to mean “a stress-
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`containing insulating film containing internal stress and also covering the first gate
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`4 Defendants previously proposed “completely covering.” Dkt. No. 59, Ex. B at B-18.
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`electrode, the first side-wall insulating film, the auxiliary pattern, and the second side-wall
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`insulating film.”
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`E. “the first gate electrode is formed on the first active region through a gate insulating
`film including nitrogen”
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`Plaintiff’s Proposed Construction
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`Defendants’ Proposed Construction
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`“the first gate electrode is formed on a gate
`insulating film including nitrogen, and the gate
`insulating film is formed on the first active
`region”
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`Plain and ordinary meaning
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`To the extent stating the plain and ordinary
`meaning is necessary, “the first gate electrode
`is formed on the first active region with a gate
`insulating film between the first gate electrode
`and the first active region, the gate insulating
`film including nitrogen.”
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`Dkt. No. 59, Ex. A at 27; id., Ex. B at B-20. The parties submit that this term appears in
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`Claims 20, 43, and 54 of the ’72