Trials@uspto.gov
`571-272-7822
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`Paper No. 54
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`COOLER MASTER CO., LTD.,
`Petitioner,
`
`v.
`
`AAVID THERMALLOY LLC,
`Patent Owner.
`_____________
`
`Case IPR2019-00144 (Patent 7,066,240 B2)
`Case IPR2019-00337 (Patent 7,066,240 B2)
`Case IPR2019-00146 (Patent 7,100,679 B2)
`Case IPR2019-00334 (Patent 7,100,680 B2)
`Case IPR2019-00338 (Patent 7,100,680 B2)
`_____________
`
`Record of Oral Hearing
`Held: March 5, 2020
`_____________
`
`
`
`
`Before LINDA E. HORNER, KEN B. BARRETT and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`
`
`
`
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`
`
`571-272-7822
`
`
`
`
`Paper No. 54
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`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`COOLER MASTER CO., LTD.,
`Petitioner,
`
`v.
`
`AAVID THERMALLOY LLC,
`Patent Owner.
`_____________
`
`Case IPR2019-00144 (Patent 7,066,240 B2)
`Case IPR2019-00337 (Patent 7,066,240 B2)
`Case IPR2019-00146 (Patent 7,100,679 B2)
`Case IPR2019-00334 (Patent 7,100,680 B2)
`Case IPR2019-00338 (Patent 7,100,680 B2)
`_____________
`
`Record of Oral Hearing
`Held: March 5, 2020
`_____________
`
`
`
`
`Before LINDA E. HORNER, KEN B. BARRETT and
`ROBERT A. POLLOCK, Administrative Patent Judges.
`
`
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`
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`
`APPEARANCES:
`
`ON BEHALF OF THE PETITIONER:
`
`
`ERIK B. MILCH, ESQ.
`Cooley
`Reston Town Center
`11951 Freedom Drive
`14th Floor
`Reston, VA 20190-5640
`
`KYLE D. CHEN, Ph.D.
`Greenberg Traurig, LLP
`1900 University Avenue
`5th Floor
`East Palo Alto, CA 94303
`
`HEATH J. BRIGGS
`Greenberg Traurig, LLP
`1144 15th Street
`Suite 3300
`Denver CO 80202
`
`
`
`
`2
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`
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`
`ON BEHALF OF THE PATENT OWNER:
`
`
`KENNETH M. ALBRIDGE III, ESQ.
`Michael Best & Friedrich LLP
`1 South Pinckney Street
`Suite 700
`Madison, WI 53703
`
`KEVIN P. MORAN, ESQ.
`Michael Best & Friedrich LLP
`Two Riverwood Place
`N19 W24133 Riverwood Drive
`Suite 200
`Waukesha, WI 53188
`
`
`
`
`The above-entitled matter came on for hearing on Thursday, March 5,
`
`2020, commencing at 9:00 a.m., at the U.S. Patent and Trademark Office,
`600 Dulany Street, Alexandria, Virginia.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`P R O C E E D I N G S
`- - - - -
`JUDGE HORNER: Please be seated. Good morning. We are here to
`
`hear argument in case numbers IPR 2019-00144, 146, 334, 337, and 338.
`Cooler Master Company v. AAVID Thermalloy.
`Counsel for the parties, could you introduce yourselves starting with
`Petitioner?
`MR. CHEN: Yes, good morning, Your Honors. This is Kyle Chen
`from Greenberg Traurig on behalf of Petitioner Cooler Master. With me
`today are my co-counsel Heath Briggs also from Greenburg Traurig and Eric
`Milch from Cooley LLP.
`JUDGE HORNER: Thank you. And for Patent Owner?
`MR. ALBRIDGE: Yes, Your Honor. Ken Albridge, I'm from
`Michael Best and Friedrich on behalf of Patent Owner, AAVID Thermalloy.
`Also with me is my co-counsel at counsel’s table, Kevin Moran also of
`Michael Best and Freidrich.
`JUDGE HORNER: Thank you. Thank you, everybody. Welcome to
`the Board. Our hearing order allotted each side 90 minutes of oral argument
`and the Petitioner bears the burden of proving any proposition of
`unpatentability so they’ll be going first. You may reserve some rebuttal
`time. How much rebuttal time would you like to reserve?
`MR. CHEN: Your Honor, I would like to reserve 15 minutes.
`JUDGE HORNER: 15 minutes. Okay. And, Mr. Albridge, how
`much time would do like to reserve for rebuttal?
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`MR. ALBRIDGE: 20 minutes would be great, Your Honor.
`JUDGE HORNER: Okay. All right. This hearing is open to the
`public. A full transcript will be made available as part of the record. And
`for the clarity of the transcript and to ensure that we are following along
`with the arguments, if you refer to a demonstrative can you please maybe
`note the number, slide number. We have a copy of the demonstratives on
`our screen as well so if we want a better view we can follow along on our
`copy.
`We will remind you demonstratives are not evidence but just here to
`assist us with the argument today. Patent Owner did not provide us with any
`demonstrative in advance of the hearing. You, Petitioner served us with
`some demonstratives or served the other side with demonstratives and also
`forwarded a copy to the Board by email.
`Just as a matter of housekeeping, if you could also kindly file a copy
`of that so we have a copy of the demonstratives in the record that would be
`helpful.
`MR. CHEN: Yes.
`MR. ALBRIDGE: Excuse me, Your Honor.
`JUDGE HORNER: Yes.
`MR. ALBRIDGE: We did send copies of our demonstratives to the
`email address provided. Did you not receive those?
`JUDGE HORNER: We did not.
`MR. ALBRIDGE: Oh, okay. We do have hard copies here.
`JUDGE HORNER: If you wouldn’t mind providing us with those
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`that would be helpful.
`MR. ALBRIDGE: Thank you, Your Honors.
`JUDGE HORNER: Thank you. And if you could also, if you have a
`copy for the court reporter as well?
`MR. ALBRIDGE: We have already got him.
`JUDGE HORNER: Thank you. Okay. We are aware of Patent
`Owner’s pending motion to exclude certain evidence and Patent Owner’s
`objections to portions of the Petitioner’s reply.
`At this time we are going to reserve ruling on those and we will allow
`discussion of those arguments and evidence here but ultimately we will not
`consider them in our final written decision if we determine that reliance on
`them would be improper so go ahead and address those today.
`With that I invite Mr. Chen to go ahead and begin your argument.
`And also, we will just keep track of time with the clock so I'll just make a
`note of what time we start. Go ahead, Mr. Chen.
`MR. CHEN: Thank you, Your Honors. Good morning, Your Honors.
`So today we are here to address these IPRs. Slide 2 please. As Your Honors
`know, we have a lot of material to cover today. We have five IPRs against
`three patents with several disputed issues across the IPRs.
`So Slide 2 provides the grounds for the three challenged patents and
`the grounds that have been raised and retained in all of the IPRs.
`Slide 3 please. So actually slide 4. So here we are going to quickly
`show the challenged independent claims. In the interest of time we are not
`going to, you know go through them in detail but yeah. So this is the Claim
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`9. That’s an independent claim.
`Next slide please. So Claim 11 and then Claim 12 for the '240
`patents. These are the independent claims and then also '679 Claim 1,
`independent claim and then '680 Claim 1. And Claim 2 that are the
`independent claims and then Claim 3 and Claim 5.
`So Slide 14 please. So we are going to go through the dispute of the
`issues in detail in the presentation. And so the, you know, Slide 14 shows
`the summary of the disputed claim construction issues.
`Next slide please. So Slide 15 shows the other disputed issues. We
`are just going to jump right into the merits of these issues. So in the interest
`of time, in today’s oral argument, I would be generally referring to the -
`00144 IPR because the arguments and issues presented therein are
`commonly applicable to all IPRs.
`And for instance, the Nakamura publication is Exhibit 1004 in all of
`the IPRs except for the -00338 IPR in which the exhibit number for the same
`application is 1104.
`Please interrupt me if you have any questions to allow me to address
`anything that you would want me to address today. So with that let’s start,
`get started with the merits at Slide 17 please.
`So the first issue we want to address is whether the rebuttal evidence
`is proper. Patent Owner is arguing that we raised a new argument and so on
`and so forth but actually, our argument and evidence raised in our reply brief
`were all responsive to the Patent Owner arguments and or the Board’s
`decision in its decisions.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`Slide 18 please. So under the Federal Circuit law, this should be
`considered entirely proper.
`Slide 19. So this slide shows some examples of what our
`supplemental evidence is responding to. So for example, our supplemental
`declaration of Dr. Himanshu Pokharna, that is submitted to respond to Patent
`Owner’s expert declaration.
`So we also submitted another declaration from the librarian to
`authenticate documents as well as a declaration from a Japanese patent
`attorney to show that Nakamura is proper prior art and to rebut the argument
`that it isn’t.
`JUDGE BARRETT: Counselor.
`MR. CHEN: Yes.
`JUDGE BARRETT: To be precise, at least my understanding is
`Patent Owner’s position is not so much that Nakamura is not prior art but the
`Petitioner did not make a prima facie showing of that.
`So as you go through your presentation if you can just, instead of just
`saying we are rebutting that it is prior art, explain why you made your prima
`facie showing in the Petition.
`MR. CHEN: Understood.
`JUDGE POLLOCK: Mr. Chen, I also did find Mr. Miyano's
`declaration less than clear. If you could go through that step by step and
`explain where he is pointing to things in the record, that would be helpful.
`MR. CHEN: Will do. Okay. So Slide 20 please. So now we are
`going to go through the claim construction issues.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
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`21. So the first term we are going to go through is a vapor chamber.
`22. So all challenged claims recite a vapor chamber, patentee argues
`that a term vapor chamber must be construed to spread heat and also to
`include the capillary action limitation. So these are importation of
`limitations that we believe is improper. 23 please.
`JUDGE HORNER: Does the Board have to decide the capillary
`action issues? Doesn’t the prior art have capillary action? Is that an issue
`we need to resolve?
`MR. CHEN: Your Honor, that is exactly correct. Actually we believe
`that’s a non-issue because the prior art already discloses that. So I think, I
`believe the Patent Owner’s argument is more like the Takahashi prior art
`doesn’t have a wick and therefore it doesn’t have capillary action. And
`somehow, that will hinder the combination of that art with the primary
`reference.
`JUDGE HORNER: But have -- but Nakamura and Morikawa have a
`wick, right?
`MR. CHEN: Yes, both of them have wicks. Yes, that’s correct. So
`in that sense, so in that sense, yes, Your Honor, that should be considered a
`non-issue.
`And also, you know, Patent Owner’s position not that is inconsistent
`in the sense that they say that a capillary action should be in a vapor
`chambers even though they're wicks, citations in other parts of the claims.
`And they say oh, that’s okay because even if you don’t have a wick,
`you can still have capillary actions. That is actually in direct contradiction
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`to their argument with respect to Takahashi.
`So our position is that the capillary action it doesn’t really matter and
`Takahashi is certainly combinable with Nakamura and Morikawa.
`So, earlier, I mentioned that our expert submitted a supplemental
`declaration in response. I just would like to note that Patent Owner didn’t
`provide any rebuttal declaration in response to our supplemental declaration.
`And they didn’t depose our expert with respect to his supplemental
`declaration nor the other declarant, declarants about Japanese patent law or
`the authentication of documents, so all of that evidence has been submitted
`as unrebutted.
`Patent Owner also claimed that we submit something like, you know,
`1300 pages of evidence. I don’t know how they counted the pages, but all of
`the evidence was submitted in response to arguments and evidence they
`raised.
`For instance, we submitted like, you know, two NASA reports to
`rebut their contention that a POSITA would understand regarding the
`construction of the Morikawa and Nakamura prior art.
`So they're saying oh, yeah, so one sheet and we show that they're two
`sheets, you know, they're conventional and but, I mean, those reports like,
`you know, totaling 330 pages about but we will only use a few pages we
`submitted all of them because, you know, for completeness purposes.
`Also, you know, our reply brief we pin cited what we were responding
`to in their Patent Owner responses or exhibits or in terms of the institution
`decisions. And our listing responding to their listing of the improper
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`arguments, we provide a detailed listing of arguments we are responding to.
`So it should be clear in the record that we are always responding to
`something that they raised.
`So slide 20 please. So actually 23. So getting back to the spreading
`heat, earlier I was talking about in terms of a vapor chambers. So the
`particular term, spreading heat appears in many of the preambles and not in
`the claim language itself.
`And also, the, I would like to first note that the -- it's a heat pipe for
`spreading heat. It doesn’t say a vapor chamber for spreading heat. So
`they're trying to import that into the body of the claim which we think is
`improper. 24 please.
`JUDGE POLLOCK: Mr. Chen, does the heat pipe have any other
`function besides spreading heat?
`MR. CHEN: Heat pipe does -- a heat pipe does spread heat but this,
`these are structural claims so there is not a particular reason to import that
`function into any particular claim limitation.
`JUDGE BARRETT: Say that again. Because it’s structural we would
`not --
`MR. CHEN: So --
`JUDGE BARRETT: My understanding of Patent Owner’s position is
`that when you see vapor chamber, that’s a species of the genus heat pipe and
`it's a very specific structure.
`MR. CHEN: Yes. It’s a very specific structure but the functionality
`is actually not with respect to spreading heat, it is actually not in the claim
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`language itself. And therefore the importation of that into the claim
`language is not proper at least that is our position and I will go through the
`explanation.
`So first of all, in the preamble, this, the term spreading heat does not
`provide any antecedent basis for any actual claim limitation in the claim
`language. So that’s one factor.
`And it does not recite any essential structure or steps and it is not
`necessary to give life, meaning and vitality to any of the claims. And as
`Judge Pollock pointed out, heat pipes inherently, they’re used to spread heat
`and therefore adding that is, you know, superfluous. There is no particular
`point of doing that.
`The claims also already recite a structurally incomplete device and
`therefore it is improper to import a spreading heat requirement into the
`limitation.
`25 please. So Patent Owner also misinterprets the term spreading
`heat. And they're arguing that the prior device, devices disclose only one
`dimensional heat transport or heat flow. But and then they say that oh, you
`know, without any support in the actual evidence that they are saying oh, 99
`percent of heat is going to, only one direction and, you know, only, you
`know, maybe the other one percent we don’t know where that heat, you
`know, went.
`But they're also made up this figure so let’s see. The Nakamura figure
`does not have the -- does not have the heat generating components that they
`added to. So what is showing on the screen is the Cooler Master’s Exhibit
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`number 1004 page 11.
`That is showing the Nakamura prior art figures. So the figure I was
`talking about was Figure 3. As Your Honors can see, there is no heat
`generating elements on it. So this like, you know, 99 percent thing and it's
`completely made up.
`So next slide please. So Slide 26. So as shown in our reply briefs, it
`is clear that the heat flows in the prior devices are in multiple directions, I
`mean, it's a basic thermodynamics.
`You have a heat source and the heat will go everywhere. It’s not going
`to just, you know, 99 percent going into one direction. So we believe that
`that interpretation of prior art is incorrect. Slide --
`JUDGE HORNER: So is your argument that if we adopt the Patent
`Owner’s definition of spreading heat as requiring heat to be spread in more
`than one direction, that the prior art shows that?
`MR. CHEN: Yes, Your Honor. Yes. So therefore exactly correct. In
`terms of a spreading heat, the requirement in reality, the prior art shows that,
`you know, because as I mentioned its basic thermal dynamics.
`You put on the heat generating component and it will go everywhere.
`So even if that’s adopted, the prior art shows spreading heat.
`Slide 27 please. So the next dispute is about whether a capillary
`action is required but we have gone though that so we are going not skip
`that.
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`Sorry, 28 please. 29. Actually, let’s go back to 28. So the parties
`actually they have agreed that the claim terms should be construed
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
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`consistently across all IPRs. So we just wanted to quickly mention one thing
`that shows this addition capillary action is improper.
`Next slide please. Next one. Actually here, here. Yes. So slide 29.
`So this is actually an exemplary claim that shows that the term capillary is
`already in the claim language.
`So in this particular claim, it also has the vapor chamber and therefore
`if you force the capillary action limitation or requirement to a vapor chamber
`it renders the capillary term or, you know, of the weights that are for
`capillary actions superfluous and that is improper on the Federal Circuit law
`as shown on Slide 30.
`Slide 31 please. So regardless, so, you know, in terms of the capillary
`action it is really about the combinability of Takahashi with Nakamura and
`Morikawa but and as, you know, I mentioned before the prior art is certainly
`combinable because they’re all about heat pipes.
`And then as Patent Owner argued they're saying that, you know, even
`if there is not a wick there could be capillary actions but I'm -- regardless of
`the whole thing it’s not going to change the fact that the prior art already
`disclosed capillary actions.
`Slide 32 please. Regarding the combinability, Takahashi is really
`used to address the sealing around the heat pipes. So as the patent,
`challenged patents admit themselves, the sealing of the heat pipe around
`these periphery or circumference that is actually conventional which
`supports the notion that what’s done in Takahashi was conventional at the
`time and well known by a person of skill in the art.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`Slide 33 please. So Patent Owner’s only another argument is that
`somehow if Takahashi is combined with Morikawa and Nakamura,
`something could go wrong. But that is actually not the right standard in
`terms of combining the references. The only requirement is the POSITA
`had a reasonable expectation of success when combining the references and
`that’s all that’s required.
`Slide 113 please. 113. Yeah. So this is an excerpt from the expert
`declaration and this shows why a POSITA would be motivated to combine
`Takahashi with Morikawa and or Nakamura.
`So Morikawa and Nakamura, they have these like kind of square or
`vertical edges on the sides. So it is very difficult to combine them to make a
`seal. So because they're like, you know, the force you're applying to and the
`surface that you're trying to seal -- surfaces you're trying to seal with, they're
`perpendicular to the force you're applying to.
`So a POSITA would be motivated to use the lip structures in
`Takahashi so that where you're sealing at the surface is actually a line, is
`actually in line with the force you're applying to so that you will make the
`sealing easier. And that’s why a POSITA would be motivated to do so.
`Slide 35 please. So another issue that was raised in the institution
`decision was whether the two terms of peripheral lip and circumferential
`edge lips should be construed in the same way.
`So first of all, I just wanted to mention that regardless if they're
`construed the same way, Takahashi discloses either of them because
`Takahashi shows the, that the entire circumference is sealed and then the
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`entire circumference is sealed with the lip structures in Figures 5 and 6 of
`Takahashi.
`So but I will just quickly go through why they should be construed the
`same way. So Slide 38 please. So first of all, the Patent Owner response did
`not address these issues.
`But as Figure 3 shows, the periphery or circumference when those
`terms are used with respect to the edge lip, they really mean the same thing.
`So 39 please. So it’s really it’s like around the circumference or the
`periphery or around the entire device and obviously you need to seal it
`everywhere so that otherwise, you know, it will leak.
`So in that sense we believe that the, there is really no substantive
`difference between a circumferential edge lip and peripheral lip located at
`(inaudible).
`Slide 40 please. So actually, let’s go back to that record. Yes. So this
`is actually a page from petitions reply brief that cites to the expert
`declaration showing that the Takahashi actually shows the sealing of the
`entire circumference of the device.
`So obviously, you need to seal the whole thing and when the, when
`they were talking about the sealing the whole thing, originally they were
`talking about Figures 3 and 4.
`But then they actually expressly mentioned that in terms of a lips type
`of structure in Figures 5 and 6, the Takahashi prior art specifically explained
`that Figure 5 is a cross section view of a heat pipe and this is equivalent to
`Figure 3. And Figure 6 is the same cross sectional view and this drawing is
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`equivalent to Figure 4.
`Therefore, Figure 3 is -- Figure 3 and Figure 4 are there corresponding
`to the entire circumference that is sealed and, you know, by the same token
`with that express disclosure for Figures 5 and 6 they’re talking about the lips
`and it also has to go around the entire circumference.
`So slide 41 please. So we are now going to talk about the spacer. 42.
`So Patent Owner argues that the spacer must be separate from the plates.
`Therefore, they're saying oh, spacers cannot be as, you know, integral to the
`plates but that is actually incorrect.
`Let's actually do a quick comparison of the proposed construction. So
`this is actually Patent Owner’s demonstrative page 27. So they’re saying
`that the spacer limitations should be construed to mean separate from the
`first and second plates.
`So Petitioner would like to note that this is actually a change of
`position. So let’s go to Cooler Master’s Exhibit 1019 on pages 5 and 6. So
`at the bottom of the page 5, on the bottom of page 5 showing on the screen,
`and also page 6 please.
`So these kind of split, but it shows the Patent Owner’s positions so
`let’s go back to 5. And I’ll read it. So on the top of the column as Your
`Honors can see, its obvious proposed construction.
`And that is what AAVID's position in the district court. So they're
`proposing for spacer it should mean a structure apart from separately
`claimed depressions. That is configured, go to the next one --
`JUDGE BARRETT: Counselor let me stop you there for a second.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`MR. CHEN: Sure.
`JUDGE BARRETT: So I understand you’re giving us proposed
`constructions in the district court.
`MR. CHEN: Yes.
`JUDGE BARRETT: We have to construe claims based on intrinsic
`and extrinsic evidence. How does this fit into our analysis?
`MR. CHEN: So this is about credibility because of they changed
`position during our IPR proceedings because they realized that they have a
`prior art issue and they want, they want to add that separate from the two
`plates limitation.
`JUDGE BARRETT: Understood.
`MR. CHEN: Yes.
`JUDGE BARRETT: So for my purposes and you can continue if
`you’d like, but for my purposes, it would help me immensely if you just
`focused on why your construction is correct.
`MR. CHEN: Yeah. Thank you, Your Honor, will do. So on Slide 43,
`it shows that the, what the specification of the challenged patents describe
`and define the spacers.
`So the, so the spacers are extending between and contacting the two
`plates. So the first part it says that a vapor chamber includes a pattern of
`spacers extending between and contacting the two plates.
`And then, below the specification, expressly states these spacers can
`be solid columns, embossed depressions formed in one of the plates or a
`mixture for the two.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`So this disclosure clearly shows that with respect to the embossed
`depressions formed in one of the plates, they can be extending between and
`contacting the two plates.
`So 44 please. So this slide shows the two figures in the challenged
`patent. So Figure 1 and Figure 2. So in terms of 26, that is actually the
`embossed depression they mentioned.
`And as you can -- Your Honors can see, 26 is actually a part of the top
`plate. And therefore, this is how they describe such this kind of a spacer that
`is extending between and contacting the two plates.
`Slide 78 please. So, just as an example here is how the, that claim
`limitation appears in the '240 patent in the -00144 petition showing that
`that’s the spacer being claimed in the claim and next slide please.
`JUDGE POLLOCK: Mr. Chen, if the spacer is extending between
`and contacting first and second plates, how could it also be an embossed
`portion of the plate? How does an embossed portion contact itself
`essentially?
`MR. CHEN: Yes, that is essentially how the POSITA would read the
`disclosure because the disclosure says the pattern of spacers extending
`between and contacting the two plates and then immediately it says that the
`embossed depressions form in one of the plates.
`So in terms of the whole phrase as a whole, you know, extending
`between and contacting the two plates, they’re really talking about the
`spacer needs to be supporting the plates to create the clearance between the
`two.
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`
`And then in terms of contacting, of course, in these two contact both
`plates in order to do that. So even though it is embossed depression from the
`first plate, in terms of the junction where the top plate is going down to have
`the depression and of course, you know, they’re connecting together and of
`course they are contacting.
`So that’s, you know, at least one way of looking at it. And yes, and,
`Your Honor, it is correct that also when you consider it goes down, it is
`contacting itself. But that point is actually not going to matter with respect to
`the prior art which I will explain.
`So slide 80 please. So as I mentioned earlier, actually let’s go back to
`81 just for one second. So here, that does say that the spacers can be solid
`columns and embossed depressions formed in one of plates or a mixture of
`the two. So I would like to bring that to Your Honors’ attention.
`The next slide please. 80, actually Slide 80. So they're claiming that
`a spacer must be separate from the plates. And that is clearly incorrect
`because the spacer is like the genus and it has at least two species,
`depressions, as shown in the embodiments or the embossed -- I'm sorry,
`embossed depressions or the columns, the solid columns that’s hollow in the
`center.
`So when they require the spacer limitation which is the genus to be
`separate from the plates they're excluding the embossed depressions from
`the possibility of being a spacer all together. And that makes -- so that is
`actually excluding preferred embodiments and that is why it is incorrect.
`83 please. And so with -- so I already talked about embossed
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`IPR2019-00144 (Patent 7,066,240 B2)
`IPR2019-00337 (Patent 7,066,240 B2)
`IPR2019-00146 (Patent 7,100,679 B2)
`IPR2019-00334 (Patent 7,100,680 B2)
`IPR2019-00338 (Patent 7,100,680 B2)
`
`depressions where it is actually part of first plate. But even with respect to
`the hollow columns or solid columns hollow in the center, those are marked
`as 44 in Figures 1 and 2.
`So as Your Honors can see very clearly in the patent specifications
`depiction of such hollow columns or solid columns hollowed in the center,
`they show these structures to be part of the bottom plate.
`And w
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