4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 1 of 161 Pg ID 41177
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`1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`EVERLIGHT ELECTRONICS CO.,
`LTD, and EMCORE CORPORATION,
`Plaintiffs,
`
`No. 12-cv-11758
`
`v
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`Defendants.
`_________________________/
`
`JURY TRIAL - VOLUME III of XII
`PROCEEDINGS BEFORE THE HONORABLE GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`Theodore Levin United States Courthouse
`231 West Lafayette Boulevard
`Detroit, Michigan
`Thursday, April 9, 2015
`
`APPEARANCES:
`
`For the Plaintiffs:
`
`MR. A. MICHAEL PALIZZI
`MR. MICHAEL C. SIMONI
`Miller, Canfield, Paddock and
`Stone, PLC
`150 W. Jefferson Avenue, Suite 2500
`Detroit, Michigan
`48226
`(313) 486-7645
`MR. RAYMOND N. NIMROD
`MR. MATTHEW A. TRAUPMAN
`MS. ANASTASIA M. FERNANDS
`Quinn Emanuel Urquhart & Sullivan,
`LLP
`51 Madison Avenue, 29th Floor
`New York, New York 10010
`(212) 849-7412
`
`A017525
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`NICHIA EX2021
`
`
`
`1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`EVERLIGHT ELECTRONICS CO.,
`LTD, and EMCORE CORPORATION,
`Plaintiffs,
`
`No. 12-cv-11758
`
`v
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`Defendants.
`_________________________/
`
`JURY TRIAL - VOLUME III of XII
`PROCEEDINGS BEFORE THE HONORABLE GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`Theodore Levin United States Courthouse
`231 West Lafayette Boulevard
`Detroit, Michigan
`Thursday, April 9, 2015
`
`APPEARANCES:
`
`For the Plaintiffs:
`
`MR. A. MICHAEL PALIZZI
`MR. MICHAEL C. SIMONI
`Miller, Canfield, Paddock and
`Stone, PLC
`150 W. Jefferson Avenue, Suite 2500
`Detroit, Michigan
`48226
`(313) 486-7645
`MR. RAYMOND N. NIMROD
`MR. MATTHEW A. TRAUPMAN
`MS. ANASTASIA M. FERNANDS
`Quinn Emanuel Urquhart & Sullivan,
`LLP
`51 Madison Avenue, 29th Floor
`New York, New York 10010
`(212) 849-7412
`
`A017525
`
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`NICHIA EX2021
`
`
`
`4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 2 of 161 Pg ID 41178
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`2
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`APPEARANCES:
`For the Defendants:
`
`MR. STEVEN J. RIZZI
`MR. RAMY E. HANNA
`MR. RYAN SCHMID
`Foley and Lardner, LLP
`90 Park Avenue, 37th Floor
`New York, New York 10016
`(212) 682-7474
`MS. LISA S. MANKOFSKY
`Foley & Lardner, LLP
`3000 K Street N. W,
`Washington, DC
`20007
`(202) 672-5300
`MR. JOHN R. TRENTACOSTA
`Foley & Lardner
`500 Woodward Avenue
`Detroit, Michigan
`(313) 234-2800
`
`48226
`
`Suite 600
`
`Reported by:
`
`Merilyn J. Jones, RPR, CSR
`Official Federal Court Reporter
`merilyn_jones@mied.uscourts.gov
`
`A017526
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`NICHIA EX2021
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`4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 3 of 161 Pg ID 41179
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`3
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`TABLE OF CONTENTS
`
`PLAINTIFF
`WITNESSES:
`ERIC BRETSCHNEIDER
`Direct examination by Mr. Traupman
`
`PAGE
`14
`
`WITNESSES:
`None
`
`DEFENDANT
`
`EXHIBITS:
`
`Identified
`
`Received
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`10
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`A017527
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`NICHIA EX2021
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`4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 36 of 161 Pg ID 41212
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`36
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`different amounts of yttrium, and by definition, unless it's
`50/50, that gives you different amounts of gadolinium.
`So they
`are two variations of YAG.
`Q.
`Just to summarize, Claims 2 and 3 require how many
`phosphors?
`A.
`One.
`Q.
`And Claims 5,6 and 8 require at least how many phosphors?
`A.
`Two.
`Q.
`So did you review some prior art references to determine
`if the claims of the '925 patent are invalid?
`A.
`Yes, well over 100.
`Q.
`So other than those 100 prior art references, what other
`materials did you review in forming those opinions?
`A.
`Again, the patents; the prosecution history of the
`patents; inventors' notebooks; depositions of the inventors; I
`considered the education level and experience level of the
`inventors; my experience in the LED industry; and again, quite
`a few prior art references.
`Q.
`All right.
`And up here on slide 56 we talk about the
`title is, a level of ordinary skill in the art.
`What's your
`understanding of what a person of ordinary skill in the art is?
`A.
`This is basically saying the average person in the
`industry.
`This is the level of knowledge, expertise and
`understanding you would expect the typical person to have at
`the time of the patent.
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`A017560
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`NICHIA EX2021
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`4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 37 of 161 Pg ID 41213
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`37
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`And did you provide a definition of a person
`All right.
`Q.
`of ordinary skill in the art for this case for these two Nichia
`patents?
`A.
`Yes, I did.
`Q.
`What's your definition of a person of ordinary skill in
`the art?
`A.
`This is the long version, but it would be a person with a
`Bachelors degree in engineering, chemistry or physics, with
`four to five years experience working in the LED field, or an
`advanced degree, such as a Masters or Ph.D. in engineering,
`physics or chemistry, with little to no experience working with
`LEDs.
`Q.
`Do you meet that definition of a person of ordinary skill
`in the art?
`A.
`Yes.
`Q.
`And did you apply that definition of a person of ordinary
`skill in the art throughout your analysis?
`A.
`Yes, I did.
`Q.
`Do you understand that Nichia and its expert have proposed
`a different definition of a person of ordinary skill in the
`art?
`Yes, they have.
`A.
`If you applied Nichia's definition of a person of ordinary
`Q.
`skill in the art instead of your definition of a person of
`ordinary skill in the art, how would that affect your opinions?
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`A017561
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`NICHIA EX2021
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`
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`4:12-cv-11758-GAD-MKM Doc # 510 Filed 04/30/15 Pg 38 of 161 Pg ID 41214
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`38
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`They'd be the same.
`It wouldn't affect them at all.
`A.
`So you also considered Nichia's definition of a person of
`Q.
`ordinary skill in the art throughout your analysis?
`A.
`Yes.
`That was very important to write the reports.
`Q.
`So if we can call up Plaintiff's Exhibit 137, can you tell
`us what this document is, Dr. Bretschneider?
`A.
`Yes.
`This is an article that was published in a research
`journal, Applied Physics A.
`This was published in February
`1997.
`The title is, Luminescence Conversion of Blue
`Light-Emitting Diodes and the authors are Schlotter, Schmidt,
`and Schneider.
`Q.
`So I take it just to clarify, you said it was published,
`but what does it actually say here on the -- in February of
`'97, what does it say?
`It was received in February and
`A.
`Sorry.
`My correction.
`accepted February 27, 1997 and --
`Q.
`I think there's a --
`A.
`I know we have the publication date.
`month or two.
`Q.
`We will get to the publication date in a second, but who
`were the -- let's start, the title of the article is what?
`A.
`Luminescence Conversion of Blue Light-Emitting Diodes.
`Q.
`And the authors are whom?
`A.
`Schlotter, Schmidt and Schneider.
`Q.
`All right.
`And is this one of the pieces of prior art
`
`I may be off by a
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`A017562
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`NICHIA EX2021
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`
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