Inter Partes Review
`United States Patent No. 8,309,375
`
` IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No.: 1285100-0002
`Petitioner: VIZIO, Inc.
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`
`
`§§§§§§§
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`United States Patent No.: 8,309,375
`Inventors: Yoshinori Shimizu, et al.
`Formerly Application No.: 12/942,792
`Issue Date: Nov. 13, 2012
`Filing Date: Nov. 9, 2010
`Former Group Art Unit: 2812
`Former Examiner: A. Mustapha
`
`
`For: LIGHT EMITTING DEVICE AND DISPLAY
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`DECLARATION OF DR. PAUL R. PRUCNAL
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,309,375
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`United States Patent No. 8,309,375
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`TABLE OF CONTENTS
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`Page
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`INTRODUCTION ........................................................................................... 1
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`BACKGROUND AND QUALIFICATIONS ................................................. 2
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`
`
`I.
`
`II.
`
`III.
`
`PRIORITY DATE AND ONE OF ORDINARY SKILL ............................. 10
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`IV. MATERIALS RELIED UPON ..................................................................... 11
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`V.
`
`BACKGROUND ON THE STATE OF THE ART ...................................... 11
`
`A.
`
`B.
`
`C.
`
`Color, Chromaticity, and CIE Chromaticity Curve ............................ 11
`
`Development of White Light LEDs .................................................... 19
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`Cerium-Activated Yttrium Aluminum Garnet (YAG) Phosphor ....... 21
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`VI. ANALYSIS OF THE ’375 PATENT ............................................................ 24
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`A. Overview of the ’375 Patent ................................................................ 24
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`B.
`
`C.
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`Overview of the ’375 Patent Prosecution History .............................. 29
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`Claim Construction of the ’375 Patent Claims ................................... 30
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`VII. OVERVIEW OF THE PRIOR ART REFERENCES ................................... 31
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`A. Overview of U.S. Patent No. 6,600,175 (“Baretz”) ............................ 31
`
`B.
`
`C.
`
`Overview of U.S. Patent No. 3,699,478 (“Pinnow”) .......................... 37
`
`Overview of S. Nakamura et al., “High-Power InGaN Single-
`Quantum-Well-Structure Blue And Violet Light-Emitting Diodes”
`(“Nakamura”) ...................................................................................... 38
`
`D. Overview of U.S. Patent 4,024,070 (“Schuil”) ................................... 40
`
`VIII. THE CHALLENGED CLAIMS ARE INVALID ......................................... 42
`
`A.
`
`B.
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`Legal Standards ................................................................................... 42
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`Claims 1 and 4 are Obvious by Baretz in view of Pinnow ................. 46
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`Claim 1 ...................................................................................... 47
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`1.
`
`a. Preamble: “A method for manufacturing a light emitting
`device comprising:” ............................................................. 47
`
`b. Element [1.A.1]: “preparing a light emitting component
`having an active layer of a semiconductor ” ....................... 48
`
`c. Element [1.A.2]: “said active layer comprising a gallium
`nitride based semiconductor containing indium and being
`capable of emitting a blue color light having a spectrum
`with a peak wavelength within the range from 420 to 490
`nm;” ..................................................................................... 52
`
`d. Element [1.B.1]: “preparing a phosphor capable of
`absorbing a part of the blue color light emitted from said
`light emitting component and emitting a yellow color light
`having a broad emission spectrum comprising a peak
`wavelength existing around the range from 510 to 600 nm
`and a tail continuing beyond 700 nm” ................................. 53
`
`e. Element [1.B.2]: “wherein selection of said phosphor is
`controlled based on an emission wavelength of said light
`emitting component; and” .................................................... 74
`
`f. Element [1.C.1]: “combining said light emitting component
`and said phosphor so that the blue color light from said light
`emitting component and the yellow color light from said
`phosphor are mixed to make a white color light” ............... 75
`
`g. Element [1.C.2]: “wherein a chromaticity point of the white
`color light is on a straight line connecting a point of
`chromaticity of the blue color light and a point of
`chromaticity of the yellow color light, and” ........................ 84
`
`h. Element [1.D]: “wherein a content of said phosphor in said
`light emitting device is selected to obtain a desired
`chromaticity of the white color light” .................................. 92
`
`i. Baretz in view of Pinnow discloses “preparing” a light
`emitting component and phosphor....................................... 93
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`Claim 4 ...................................................................................... 99
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`2.
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`C.
`
`Claims 1 and 4 are Obvious by Baretz in view of Pinnow, and further
`in view of Nakamura and Schuil .......................................................100
`
`1.
`
`Claim 1 ....................................................................................100
`
`a. Preamble: “A method for manufacturing a light emitting
`device comprising:” ...........................................................100
`
`b. Element [1.A.1]: “preparing a light emitting component
`having an active layer of a semiconductor ” .....................101
`
`c. Element [1.A.2]: “said active layer comprising a gallium
`nitride based semiconductor containing indium and being
`capable of emitting a blue color light having a spectrum
`with a peak wavelength within the range from 420 to 490
`nm;” ...................................................................................103
`
`d. Element [1.B.1]: “preparing a phosphor capable of
`absorbing a part of the blue color light emitted from said
`light emitting component and emitting a yellow color light
`having a broad emission spectrum comprising a peak
`wavelength existing around the range from 510 to 600 nm
`and a tail continuing beyond 700 nm” ...............................104
`
`e. Element [1.B.2]: “wherein selection of said phosphor is
`controlled based on an emission wavelength of said light
`emitting component; and” ..................................................106
`
`f. Element [1.C.1]: “combining said light emitting component
`and said phosphor so that the blue color light from said light
`emitting component and the yellow color light from said
`phosphor are mixed to make a white color light” .............106
`
`g. Element [1.C.2]: “wherein a chromaticity point of the white
`color light is on a straight line connecting a point of
`chromaticity of the blue color light and a point of
`chromaticity of the yellow color light, and” ......................107
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`h. Element [1.D]: “wherein a content of said phosphor in said
`light emitting device is selected to obtain a desired
`chromaticity of the white color light” ................................107
`
`i. Reasons to combine Baretz, Pinnow, Nakamura, and Schuil
` 107
`
`2.
`
`Claim 4 ....................................................................................112
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`IX. CONCLUSION ............................................................................................112
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`
`APPENDIX A (Curriculum Vitae)
`APPENDIX B (List of Materials Considered)
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`I.
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`Inter Partes Review
`United States Patent No. 8,309,375
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`I, Dr. Paul R. Prucnal, hereby declare under penalty of perjury:
`
`INTRODUCTION
`1.
`
`I have been retained to provide assistance regarding U.S. Patent No.
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`8,309,375 (EX10011) (which I refer to as “the ’375 patent”). Specifically, I have
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`been asked to consider the validity of claims 1 and 4 of the ’375 patent (the
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`“Challenged Claims”). I have personal knowledge of the facts and opinions set
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`forth in this declaration, and, if called upon to do so, I would testify competently
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`thereto.
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`2.
`
`I am being compensated for my time at my standard consulting rate of
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`$650 per hour. I am also being reimbursed for expenses that I incur during the
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`course of this work. My compensation is not contingent upon the results of my
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`study, the substance of my opinions, or the outcome of any proceeding involving
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`the Challenged Claims. I have no financial interest in the outcome of this matter or
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`in the pending litigation between Petitioner, VIZIO, Inc. (“VIZIO”) and Nichia
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`Corporation.
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`3.
`
`A table of contents and a list of exhibits referenced herein are
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`included above.
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`1 The citations in this Declaration to an “Exhibit” or “EX” refer to the Exhibits to
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`
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`the Petition.
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`II. BACKGROUND AND QUALIFICATIONS
`4.
`I offer statements and opinions on behalf of VIZIO, generally
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`regarding the validity, novelty, prior art, obviousness considerations, and
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`understanding of a person of ordinary skill in the art (“POSITA”) as it relates to the
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`’375 patent. Attached hereto as Appendix A, is a true and correct copy of my
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`Curriculum Vitae describing my background and experience.
`
`5.
`
`I am currently a Professor of Electrical Engineering at Princeton
`
`University in Princeton, New Jersey. I graduated summa cum laude from Bowdoin
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`College in 1974 with an A.B. in Mathematics and Physics. I graduated from
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`Columbia University in 1976 with a M.S. in Electrical Engineering. I went on to
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`receive an M.Phil. in Electrical Engineering from Columbia University in 1978 and
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`a Ph.D. in Electrical Engineering from Columbia University in 1979. The title of
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`my dissertation was “Threshold Detection in Optical Communications and Visual
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`Psychophysics,” which dealt with the detection of photons by both semiconductor
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`detectors and the human visual system.
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`6.
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`Upon graduation from Columbia in 1979, I joined Columbia
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`University as an Assistant Professor of Electrical Engineering, and in 1984 I was
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`promoted to Associate Professor. My teaching at Columbia included courses on
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`semiconductor light emitters, light emitting diodes (LEDs), lasers and
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`optoelectronic devices. My research at Columbia included studying frequency
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`modulation of semiconductor lasers and LEDs, as well as semiconductor
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`modulators comprised of multiple quantum wells. My research at Columbia
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`further included photonic switching and computing architectures using backlit
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`LCD arrays to implement vector-matrix multiplication and packet routing.
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`7.
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`In 1988, I joined the faculty of Princeton University as an Associate
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`Professor of Electrical Engineering. In 1990, I was promoted to Professor of
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`Electrical Engineering at Princeton.
`
`8. My teaching at Princeton includes courses at the undergraduate and
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`graduate level on photonic devices including semiconductor light emitters, light
`
`emitting diodes, and lasers, and optical signal processing techniques that include
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`wavelength conversion.
`
`9. My professional activities include attending and presenting papers at
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`optics conferences such as the annual meetings of the Lasers and Electooptics
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`Society, the Optical Society of America, the Society of Photooptical
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`Instrumentation Engineers, the Conference on Lasers and Electro-Optics, and
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`Optical Fiber Communications. My activities also include regularly reading and
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`publishing papers in scholarly optics journals, including Photonics Technology
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`Letters, the Journal of the Optical Society of America, the Optical Engineering
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`journal, Optics Letters, and others.
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`10. My research on photonic systems at Princeton has included the
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`design, fabrication and testing of solid state sources of radiation, including
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`semiconductor light emitters, light emitting diodes and lasers. Such light emitters
`
`included titanium sapphire ring lasers, multiple quantum well semiconductor
`
`optical amplifiers, III-V semiconductor distributed feedback lasers, and III-V
`
`photonic integrated circuits including LEDs. In addition to the light emitters listed
`
`above, I also have worked with semiconductor fiber ring lasers, and erbium doped
`
`fiber lasers.
`
`11. My research at Princeton has also included the investigation of
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`photonic packet switching architectures, including two-dimensional back-lit LCD
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`arrays, and experiments on wavelength conversion, such as using Mach Zehnder
`
`and Sagnac interferometers, color center lasers pumped by Nd:YAG lasers,
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`wavelength conversion experiments using four wave mixing in highly germanium
`
`doped fibers, bismuth doped fibers, periodically poled lithium niobate, and optical
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`spectral broadening using supercontiuum generation with dispersion decreasing
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`fiber.
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`12. From 1989 through 1991, I was a founding director of the New Jersey
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`Advanced Technology Center for Photonics and Optoelectronic Materials. My
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`responsibilities there included leading a $10 million research program involving
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`approximately thirty faculty members. Research in this center included photonic
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`technology such as semiconductor and organic light emitting diodes for
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`communications, computing, and displays.
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`13.
`
`In 1991, I was a visiting professor in the Research Center for
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`Advanced Science and Technology at the University of Tokyo, where I held the
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`NEC Chair. My responsibilities there included research and teaching on photonics.
`
`14.
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`In 1992, I was a visiting professor at the University of Parma. My
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`responsibilities there included researching and teaching photonics.
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`15. During my career at Princeton, I received numerous awards and
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`recognitions, including: (a) being elected a Fellow of the IEEE and a Fellow of the
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`Optical Society of America; (b) receiving the Rudolf Kingslake Medal and Prize
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`from the SPIE for the most noteworthy original paper in Optical Engineering; (c)
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`receiving the Gold Medal Award from the Faculty of Mathematics, Physics, and
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`Informatics at the Comenius University for leadership in the field of Optics; (d)
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`receiving the Princeton University Graduate Mentoring Award; (e) receiving
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`numerous Engineering Council Awards; (f) receiving the Walter Curtis Johnson
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`Prize for Excellence in Teaching; (g) receiving the Princeton School of
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`Engineering and Applied Science Distinguished Teacher Award; and (h) The
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`President’s Award for Distinguished Teaching, Princeton University (2015).
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`In addition to the activities, education, and professional experience
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`16.
`
`listed above, I have been involved in several projects outside of academics that
`
`contribute to my expertise relating to this declaration.
`
`17.
`
`In 1979-1981, I worked with Phillips Laboratories on a project that
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`involved research on bandwidth compaction coding for optical data storage. My
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`responsibilities included the design and analysis of efficient data encoding schemes
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`for optical recording using laser technology. The designed recording disks
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`included an epoxy layer to protect the reflective information layer of the disk.
`
`18.
`
`In 1982, I worked with Optical Information Systems, Inc. on a project
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`that involved optical transceiver design for fiber optic links. My responsibilities
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`included the design of optical transmitters including semiconductor laser diodes for
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`high-speed optical data transmission.
`
`19.
`
`In 1983-1984, I worked with GTE Labs on a project that involved
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`performance analysis of fiber optic transmission systems. My responsibilities
`
`included the investigation of high performance modulation formats for optical
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`transmitters based on semiconductor lasers.
`
`20.
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`In 1985-1986, I worked with AT&T Bell Laboratories on a project
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`that involved research on multiplexing techniques for fiber optic networks. My
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`responsibilities included investigating wavelength-based multiplexing.
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`In 1987-1988, I worked with IBM on a project that involved research
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`21.
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`on multiple access techniques for fiber optic networks. My responsibilities
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`included design and performance analysis of wavelength-division multiplexed
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`networks and wavelength conversion.
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`22.
`
`In 1987-1989, I worked with Dove Electronics on a project that
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`involved research on photonic switching technology and architectures. My
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`responsibilities included the design and analysis of packet switching architectures,
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`including wavelength switching using wavelength conversion.
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`23.
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`In 1992-1995, I worked with Siemens Corporate Research on a
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`project that involved research on ultrafast optical switching technology. My
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`responsibilities included the investigation of optoelectronic technologies including
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`semiconductor light emitters.
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`24.
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`In 1998-2001, I worked with Sun Microsystems on a project which
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`involved research on optical backplanes and computer interconnects. My
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`responsibilities included the design of a high performance multiprocessor
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`interconnection system using semiconductor light emitters and integrated
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`optoelectronic modulators.
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`25.
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`In 1999-2000, I worked with SAIC on a project that involved research
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`on fiber optic network architectures. My responsibilities included the investigation
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`of novel switching and multiplexing techniques that included wavelength
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`conversion.
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`26.
`
`In 1999-2002, I worked with Multi Link Technologies, Inc. on a
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`project that involved fiber optic transceiver design and optoelectronic technology.
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`My responsibilities included the design and analysis of high-speed optical multi-
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`wavelength transmitters and receivers for WDM networks.
`
`27.
`
`In 2000-2002, I worked with Ultra Fast Optical Systems on a project
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`that involved research and development of all-optical wavelength conversion based
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`on semiconductor optical amplifiers and tunable semiconductor lasers.
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`28.
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`In 2000-2003, I was a member of the advisory board on optical
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`network technology for Alphion, Inc. My responsibilities included providing
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`guidance on the development of technology in the optical networks space.
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`29.
`
`In 2003-2006, I worked with Kailight Photonics Inc. on a project
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`which involved research and development of all-optical regenerators based on
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`semiconductor optical amplifiers. My responsibilities included the design and
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`testing of optoelectronic technology.
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`30.
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`In 2004-2011, I worked with NEC Laboratories on a project that
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`involved research on physical layer security in optical networks. My
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`responsibilities included the design and analysis of spectral spreading techniques
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`for privacy using optical steganography.
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`In 2005-2006, I worked with Princeton Optronics on a project that
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`31.
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`involved the design of fiber optic networks for avionics platform. My
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`responsibilities included designing and implementing a multi-wavelength fiber
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`optic CDMA network.
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`32.
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`In 2010, I worked with Access Optical Networks, Inc. on a project
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`that involved research and development on optical data storage, including gallium
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`nitride lasers, iron-doped lithium niobate crystals, liquid crystal spatial light
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`modulators, and including epoxy resin for embedding microoptic components. As
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`part of this design project, I investigated using spatial light modulators, including
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`back-lit LCD arrays, as a two-dimensional data modulator to write information into
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`an optical memory cell.
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`33. From 1996-present, I have been a member of the advisory board on
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`advanced computing research for the Center for Computing Sciences. My
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`responsibilities include providing feedback on the Center’s research program.
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`34. From 2010-present, I have worked with Bascom Hunter Technologies
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`on a project that has involved research and development on RF photonics. My
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`responsibilities include developing novel systems for RF interference cancellation
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`based on integrated semiconductor photonic components.
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`35.
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`I have also published a book on optical CDMA and 32 book chapters
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`in the optics field. In addition, I have published approximately 350 papers in
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`conference proceedings and over 290 peer reviewed journal papers. My book,
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`“Neuromorphic Photonics,” will be published in December of 2016. I have also
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`chaired or served as a member on several dozen boards and committees related to
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`optics and electrical engineering.
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`III. PRIORITY DATE AND ONE OF ORDINARY SKILL
`36.
`I understand that the factors considered in determining the level of a
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`POSITA include the level of education and experience of persons working in the
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`field; the types of problems encountered in the field; and the sophistication of the
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`technology at the time of the purported invention, which I understand is asserted to
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`be based on numerous foreign patent applications filed between July 29, 1996 and
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`March 31, 1997. I understand that a POSITA is not a specific real individual, but
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`rather is a hypothetical individual having the qualities reflected by the factors
`
`above. I understand that a POSITA would also have knowledge of the teachings of
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`the prior art, including the art cited below.
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`37.
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`In my opinion, on or before July 29, 1996, a POSITA relating to the
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`technology of the ’375 patent would have had a minimum of a bachelor’s degree in
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`electrical engineering, chemistry, or physics, or a related field, and approximately
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`two years of professional experience with optoelectronics, or other relevant
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`experience. Additional graduate education could substitute for professional
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`experience, or significant experience in the field could substitute for formal
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`education. A POSITA is presumed to have knowledge of all relevant prior art, and
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`therefore would have been familiar with each of the references cited herein, as well
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`as the background knowledge in the art discussed in Section V, and the full range
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`of teachings they contain.
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`38. Well before July 29, 1996, my level of skill in the art was at least that
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`of a POSITA. I am qualified to provide opinions concerning what a POSITA
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`would have known and understood at that time, and my analysis and conclusions in
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`this declaration are from the perspective of a POSITA as of July 29, 1996.
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`IV. MATERIALS RELIED UPON
`39.
`In reaching the conclusions described in this declaration, I have relied
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`on the documents and materials cited in this declaration as well as those identified
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`in Appendix B to this declaration. Each of these materials is a type of document
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`that experts in my field would reasonably rely upon when forming their opinions.
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`40. My opinions are also based on my education, training, research,
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`knowledge, and personal and professional experience.
`
`V. BACKGROUND ON THE STATE OF THE ART
`A. Color, Chromaticity, and CIE Chromaticity Curve
`41.
`It is well understood that colors can be represented by a mixture of
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`three primary colors, blue-violet, green, and orange-red. See H. Rossotti, Color,
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`Princeton University Press (1983) (EX1007) (which I refer to as “Rossotti”) at
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`pp.153-154 (“[a]s early as 1855, Maxwell found that a great number of colours
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`could be produced by mixing lights of only the three ‘primary’ colours: orange-red,
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`green and blue-violet.”). In other words, by mixing any of the three primary
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`colors, any other color visible to the human eye can be created. See M. Luckiesh,
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`“Color and its Applications,” D. Van Nostrand Co., The Plimpton Press (1921)
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`(EX1016) (which I refer to as “Luckiesh”) pp. 57-58 (“Long ago it was
`
`demonstrated that, by proper mixtures of the three well-chosen primary colors, any
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`color can be matched.”). For example, “[i]t is seen that red added to green
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`produces yellow,” and “yellow and blue mixed by addition produce white.”
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`EX1016[Luckiesh] p. 58. For the latter example, yellow and blue are considered
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`to be “complementary” because their mixture results in white light. See
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`EX1016[Luckiesh] p. 59. Other complementary colors are depicted by the color
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`wheel reproduced below, which I have modified to show the corresponding colors.
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`See EX1016[Luckiesh] p. 59, TABLE IV.
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`(EX1016[Luckiesh] Figure 22, modified.)
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`42. As shown above in FIG. 22, complementary colors are located
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`opposite one another within the color wheel (i.e. yellow, labeled “Y,” is opposite
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`violet, labeled “V.”). Notably, while the color wheel uses the label “V” denoting
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`violet as being the complementary to yellow, Luckiesh explains that “[s]ome prefer
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`to use the term ‘violet’ instead of ‘blue’” when referring to the three primary
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`colors, but notes that “[b]lue, however, appears satisfactory and is a safer term than
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`violet, because there are a great many who apply the term violet to purples.” See
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`EX1016[Luckiesh] pp. 57-58.
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`43. Maxwell’s Triangle, reproduced below, also shows how colors can be
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`represented by a mixture of the three primary colors, blue-violet, green, and
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`orange-red, which form the three vertices of the triangle. See EX1007[Rossotti] p.
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`153.
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`
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`(EX1007[Rossotti] Figure 66, annotated.)
`
`44. As Rossotti teaches, by mixing colors “[t]he colour resulting from a
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`particular mixture can be represented by a point on a triangular grid (see Figure
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`66).” EX1007[Rossotti] p. 154. For example, a mixture of green and orange-red
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`will result in yellow and a mixture of blue-violet and orange-red will result in
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`magenta. As I have annotated above in Figure 66 of Rossotti, white light
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`corresponds to a point along the line connecting blue-violet light and yellow light,
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`and as such, Maxwell’s triangle similarly tells us that a mixture of blue light and
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`yellow light will result in white light. See EX1007[Rossotti] p. 153.
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`45.
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`In 1993, the Commission Internationale de l’Eclairage (CIE)
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`standards body created the CIE Chromaticity curve, reproduced below, which
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`provides an objective specification of color as observed by a standard observer
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`using three standard primary light sources. See EX1007[Rossotti] p. 155-57.
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`Specifically, the CIE chromaticity curve allows the chromaticity of all visible
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`colors to be presented as a point within the curve or “tongue”, where “[t]he inner
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`triangle encloses those colours obtainable by mixing real primaries 436 nm, 546
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`nm, 700 nm (i.e. those enclosed in Maxwell’s triangle of Figure 66, page 153),”
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`above. EX1007[Rossotti] p. 156.
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`(EX1007[Rossotti] Figure 68.)
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`46. The “usefulness of the CIE diagrams arises from the fact that we can
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`represent a mixture of two lights as a point on the line joining the points which
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`specify them.” EX1007[Rossotti] p. 157. Varying the concentration of the two
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`lights causes the position of the point (i.e. the mixture) to vary along the straight
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`line connecting the two lights. EX1007[Rossotti] p. 157-158. For example, as
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`shown in Figure 69, reproduced below, purple light is represented as a point “X”
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`on a line between the red color and violet color on the CIE chromaticity curve.
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`Because the purple light is formed by mixing two parts red light (770 nm) and one
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`part violet light (380 nm), the point “X” is located “twice as near to the red point
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`as to the violet point.” EX1007[Rossotti] p. 158 (emphasis in original).
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`(EX1007[Rossotti] Figure 69.)
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`47. Thus, CIE diagrams allows us to “predict the result of mixing
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`coloured lights and to locate complementary colours.” See EX1007[Rossotti] p.
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`160-61. As shown in Figure 71, below, a light of 470 nm (approximately bluish in
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`color) and a light of 570 nm (approximately yellowish in color) can mix to form a
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`a white light because the point “E” lies on a line connecting those two colors. See
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`EX1007[Rossotti] p. 161-62. The point “E” shown in the middle of the CIE
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`Chromaticity diagram in Figure 71 illustrates what is known as “equal energy
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`white” or “pure white,” which reflects an “equal mixture of the three primaries.”
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`See EX1007[Rossotti] p. 158. However, to a normal observer, the region generally
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`surrounding the point “E” would also be considered white.
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`(EX1007[Rossotti] Figure 71.)
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`B. Development of White Light LEDs
`48. LEDs emitting a white-color light were well-known prior to the
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`asserted priority date of the ’375 patent. See e.g. U.S. Patent No. 6,600,175 to
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`Baretz et al. (EX1004) (which I refer to as “Baretz”) at Abstract. As explained by
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`Baretz, the development of white-color LEDs was driven by “the desirability of
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`white light displays (e.g., commercial bank ‘time and temperature’ message
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`boards, stadium scoreboards),” (EX1004[Baretz] 2:25-26) in conjunction with the
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`“emerging trend in the manufacturing and marketing of informational displays or
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`signage, especially for outdoor usage, [] to utilize solid state LED lamps as
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`replacement for more conventional incandescent bulbs” which had “lower power
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`consumption costs and the longer operational lifetime (hence, reducing
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`maintenance costs).” EX1004[Baretz] 2:15-21.
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`49.
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`In the “Background of the Invention” section of Baretz, Baretz
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`describes a number of other different approaches taken in the prior art to develop a
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`white light LED, such as packaging “a minimum of three LED dies (or chips)-one
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`red, one green and one blue, encapsulated in a single epoxy package” so that when
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`the emitted colors mix, white light is produced (2:47-53), and applying a layer of
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`luminescent material (such as phosphors and/or fluorescers) next to the active or
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`light-emitting region of an LED so that “one can change the phosphor in the
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`luminescing layer, and thereby change the color of the whole material” (5:45-
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`6:34). However, these approaches had their shortcomings. See EX1004[Baretz]
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`2:51-58.
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`50. Baretz explains further that his “invention is based on the discovery
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`that a highly efficient white light emitting device may be simply and economically
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`fabricated utilizing a solid state light emitting device for generating a shorter
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`wavelength radiation which is transmitted to a luminophor (fluorescent and/or
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`phosphorescent solid material) for down conversion by the luminophor of the
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`radiation from the solid state light emitting device, to yield white light.”
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`EX1004[Baretz] 8:18-25. For example, “[w]hite light LED solid state devices may
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`be made by the method of the present invention, utilizing a down conversion
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`process whereby the primary photon generated in the active region of the diode is
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`down converted with primary blue emission and/or secondary blue fluorescent or
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`phosphorescent centers, as well as green and red fluorescent or phosphorescent
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`centers.” EX1004[Baretz] 8:26-36. “Such a device for white light emission, based
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`on down-conversion, requires the primary light to be either blue or ultraviolet
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`emission, such as is available using blue or ultraviolet LED dies and lamps.”
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`EX1004[Baretz] 8:36-39.
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`51.
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`I explain the white light LED of Baretz in greater detail in Sections
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