Paper No. 28
`Entered: December 18, 2020
`
`Trials@uspto.gov
`571-272-7822
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`VLSI TECHNOLOGY LLC,
`Patent Owner.
`____________
`
`IPR2019-01194 (Patent 8,081,026 B1)
`IPR2019-01195 (Patent 8,081,026 B1)
`____________
`
`Record of Oral Hearing
`Held: October 6, 2020
`____________
`
`
`
`Before BART A. GERSTENBLITH, MINN CHUNG, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`
`
`
`
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`
`
`
`
`
`
`Entered: December 18, 2020
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION,
`Petitioner,
`
`v.
`
`VLSI TECHNOLOGY LLC,
`Patent Owner.
`____________
`
`IPR2019-01194 (Patent 8,081,026 B1)
`IPR2019-01195 (Patent 8,081,026 B1)
`____________
`
`Record of Oral Hearing
`Held: October 6, 2020
`____________
`
`
`
`Before BART A. GERSTENBLITH, MINN CHUNG, and
`KIMBERLY MCGRAW, Administrative Patent Judges.
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2019-01194 (Patent 8,081,026 B1)
`IPR2019-01195 (Patent 8,081,026 B1)
`
`
`
`APPEARANCES:
`
`ON BEHALF OF THE PETITIONER:
`
`
`RICHARD GOLDENBERG, ESQ.
`DOMINIC E. MASSA, ESQ.
`Wilmer Cutler Pickering Hale and Dorr LLP
`60 State St.
`Boston, MA 02109
`
`
`
`ON BEHALF OF THE PATENT OWNER:
`
`
`H. ANNITA ZHONG, ESQ.
`Irell & Manella LLP
`1800 Avenue of the Stars
`Suite 900
`Los Angeles, CA 90067
`
`
`
`
`The above-entitled matter came on for hearing on Tuesday, October 6,
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`2020, commencing at 2:00 p.m., conducted virtually by video/telephone.
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`IPR2019-01194 (Patent 8,081,026 B1)
`IPR2019-01195 (Patent 8,081,026 B1)
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`P R O C E E D I N G S
`- - - - -
` JUDGE CHUNG: Good morning. This is a
` trial hearing in cases IPR2019-01194 and 01195,
` Intel Corporation versus VLSI Technology, LLC.
` I am Judge Chung, and with me on the video
` are Judges McGraw and Gerstenblith.
` Will counsel for each party, please
` introduce yourselves, including everyone on your
` team who's here for today's hearing, starting with
` Petitioner.
` MR. GOLDENBERG: Good morning, Your
` Honors. This is Richard Goldenberg. I am lead
` counsel. With me also is Dominic Massa backup
` counsel and giving the argument today. Also, we
` have on the audio line, backup counsel and I
` believe members of our client, Intel, are on the
` audio line as well.
` JUDGE CHUNG: Okay. Good afternoon, Mr.
` Goldenberg.
` And Patent Owner?
` MS. ZHONG: Good afternoon, Your Honors.
` My name is Annita Zhong. I am the lead counsel on
` behalf of the Patent Owner. We don't have any
` additional attorneys on the line right now, but I
` do believe the client is on the audio line.
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` JUDGE CHUNG: Okay. All right. Good
` afternoon, Ms. Zhong.
` Welcome to the hearing today. As you are
` all aware, this hearing is being conducted by
` video, and although we have been holding all video
` hearings at the Board for quite some time now,
` they can still present some challenges. And my
` primary concern is that we preserve everyone's
` right to be heard. So if at any time during this
` proceeding, if you have a problem that's affecting
` your ability to participate, please let us know
` right away. Just wave your hands or arms around
` if you have video or send an e-mail to the staff
` or call audio line if you lost video connection.
` If the connection disruption happens for
` one of the video participants, the parties or the
` court reporter, we'll pause the argument and allow
` the connection to be reconnected. And we will
` also pause the time while that connection is being
` reestablished.
` A few reminders due to the remote
` nature of this hearing. First thing is that
` because this is a video hearing with everyone
` having a live microphone, I ask parties and
` the counsel to please mute yourself except when
` it's your turn to speak.
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` And the slides, we received your
` presentation slides and have copies of them
` available to us during the hearing, but during the
` presentation, please make sure that you refer to
` the slides by number -- slide number to help us
` follow your presentation.
` And a few additional general rules,
` general reminders. As outlined in the trial
` hearing order in these cases, each party will have
` 60 minutes of total argument time.
` Petitioner will argue first and my reserve up to
` half of their time for rebuttal.
` Patent owner will then respond and may
` reserve time for their own rebuttal or
` surrebuttal.
` All arguments presented today must have
` been presented in the parties’ briefings before.
` No new arguments will be allowed. And we ask the
` parties to hold any objections regarding your
` opposing counsel's argument until it is your time
` to speak. Just to reiterate, we will not take
` objections during the other party’s
` argument.
` And I'll maintain a clock and inform the
` parties when you have approximately five minutes
` left in your time.
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` And one final note is that this hearing is
` open to the public and members of the public may
` listen in on this oral hearing.
` With that, are there any questions
` before we begin, Mr. Goldenberg, Petitioner's
` counsel?
` MR. GOLDENBERG: No questions here, Your
` Honor.
` JUDGE CHUNG: And Ms. Zhong?
` MS. ZHONG: No questions, Your Honor.
` JUDGE CHUNG: Great. Thank you.
` With that, counsel for Petitioner you
` may proceed. How much would you like to reserve
` for rebuttal?
` MR. MASSA: Thank you, Your Honor. This
` is Dominic Mass for Petitioners, and I would
` reserve ten minutes for rebuttal.
` JUDGE CHUNG: Ten minutes. Thank you.
` You may begin whenever you're ready.
` MR. MASSA: Thank you, Your Honor.
` The ’026 Patent claims a simple and
` well-known circuit and method for a controlled
` circuit to control a powered-dated circuit. It
` uses a mode indicator and leakage indicator to do
` so. It's broadest claims are anticipated by Kim,
` which years earlier, disclosed a control circuit
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` for a power gated switch that also used a mode
` indicator and leakage indicator to determine the
` control signal. The remaining challenged claims
` are obvious over Kim in light of Lee, which years
` earlier added the use of temperature to determine
` the control signal and added a retention mode to
` the various modes which could be chosen.
` Your Honor, I'd like to start, if it
` pleases the court, with a brief overview of the
` ’026 Patent. I'll then proceed to the grounds
` based on Kim and Lee, and then get to the disputed
` issues in short order which are quite few. I'll
` start at slide four of the Petitioner's
` demonstrative exhibits. The '026 Patent, as I
` mentioned, is a method for supplying an output
` supply voltage to a power gated circuit and an
` integrated circuit for doing so.
` Slide 5, briefly, shows that in block
` diagram form, the various components that form the
` ’026 Patent, and we'll see in the claims of the ’026
` how those match up at this very high level that is
` shown in Figure 1.
` So proceeding to Slide 6 that shows a
` color-coded version of Figure 1, and Claim 13
` which is a method claim and the broadest claim of
` the ’026. We'll proceed through this quickly.
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` Slide 7 shows that there's a power gated
` circuit which receives an output supply voltage.
` Slide 8 shows how there's an input voltage
` that's provided to an input port.
` Slide 9 shows how the control circuit
` receives two pieces of information and that's all
` that it needs to receive. Under claim 13 the
` control circuit receives a mode indicator that
` indicates the desired mode and that's been
` highlighted in blue in Slide 9.
` In Slide 10, we see that the control
` circuit receives its second piece of information
` which is a leakage indicator highlighted in brown
` in Slide 10. Based on these two pieces of
` information, the mode indicator and the leakage
` indicator, the control circuit selects a control
` signal, and that's highlighted in purple on Slide
` 11. It's Item 103 in Figure 1.
` That control signal in Slide 12 is
` supplied to the power-gating switch, and on that
` basis showing Slide 13, the power-gated switch
` outputs the appropriate supply voltage to the
` power-gated circuit. And it's the relationship
` between the input voltage and output voltage that
` is determined by the control signal.
` And so in these very simple terms, the
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` '026 Patent discloses and claims these are two
` pieces of information, a mode indicator and a
` leakage indicator, and based on that it determines
` the value of the control signal which will adjust
` the supply voltage.
` We see on Claim 1, which is shown on Slide
` 16, Claim 1 is the apparatus claim which has
` basically all the same parts except that it claims
` the mode indicator generator shown in Slide 16,
` for generating that mold indicator. And on Slide
` 17, it discloses the leakage indicator generator
` for generating that leakage indicator.
` On Slide 18, I'd like to pause briefly to
` discuss what the spec says about the control
` circuit. The control circuit in the '026 Patent
` can be, as the '026 says, a storage element such
` as a register or a flip-flop. It can include one
` or more logic gates, or it could be a combination
` of those.
` The control circuit is defined in the '026
` Patent in these very broad terms. It's shown in
` Figure 1 as merely a block diagram, a black box
` that receives certain inputs and produces certain
` outputs. And in specification is described as
` being anything that includes either of storage
` element or logic gates or some combination.
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` Slide 19 shows what the patent says a
` leakage indicator can be. The '026 Patent says
` that the leakage indicator can be a fuse, which is
` a one-time programmable element, or it can be any
` other programmable elements.
` In the '026 Patent it describes the
` leakage indicator having one of three values: A
` best case, a typical case, or a worse case, and
` that is as broad as the '026 Patent defines the
` leakage indicator.
` On Slide 20, the mode indicator is also
` described as just something that indicates a
` desired mode, and in the '026 Patent, in it's
` broadest terms, there's two modes: A normal mode
` and a power gated mode.
` So if we go to Slide 23, will show how
` Claim 13 is anticipated by the Kim reference.
` JUDGE CHUNG: Counsel?
` MR. MASS: Yes.
` JUDGE CHUNG: This is Judge Chung, before
` we continue, I sort of have a broad question on
` how to read these claims. As you're probably
` aware, the specification of the '026 Patent
` describes several embodiments, some directed to
` the manufacturing process or the testing phase
` during manufacturing to increase the yield of
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` the device being fabricated. Then there are
` parts of the specification that describes what I would
` call the “normal operation” of the circuit during the
` operation of the devices, for example, when they are
` powered up and they are running as normally as they
` are intended to be used. So my question is, whether
` the broadest claims, method Claim 13 and apparatus
` Claim 1, whether they read both on the
` manufacturing embodiment as well as the normal
` operation embodiment? And if so, how?
` MR. MASSA: Your Honor, I believe that the
` claims read on the normal operating environment.
` They do so in Claim 13, for example, in describing
` it as a method for supplying an output supply
` voltage. That is done during the normal operating
` mode. It talks about receiving by the control
` circuit certain indicators, the mode indicator and
` the leakage indicator, making a selection and
` supplying that signal. That's done during the
` normal operating mode. And as we'll get to when
` we talk about Kim, the normal operating mode of
` Kim does so as well.
` Judge, I think the -- what Patent Owner
` has down --
` JUDGE CHUNG: And your answer would be
` the same for Claim 1, right? Although Claim 1 is an
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` apparatus claim, it recites operations performed by
` certain components, and those operations would
` take place during the normal operation of the circuit.
` MR. MASSA: Yes, they do, Your Honor.
` It's quite clear with the method claim that that's
` normal operating modes. But yes, I agree the
` items in apparatus Claim 1 are also utilized
` during a normal operating mode.
` JUDGE CHUNG: Thank you.
` MR. MASSA: Thank you, Your Honor.
` And when we get to Kim, we'll describe how
` the normal operating mode of Kim meets these
` elements. And I think what Patent Owner has done
` in places is confused a bit the mode indicator or
` the leakage indicator and the value that might be
` stored in indicator at any particular time. We'll
` get into that as we discuss Patent Owner's
` arguments.
` But proceeding to Slide 24, if I may, Your
` Honor, just briefly go through the elements of Kim
` and Claim 13. So you see on Slide 24 that Kim
` discloses an output supply voltage. It's a VVCC.
` It has a power-gated circuit, which is shown in
` Figure 5, but the combination of the control
` circuit in Figure 4 and the power-gated circuit in
` Figure 5, shows how Kim operates. If we look at
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` Slide 25, Kim has an input supply voltage of VCC.
` It has a power-gating switch between the VCC,
` which is the input, and the VVCC which is the
` output just as the '026 claims.
` We see in Slide 26, Kim has the control
` circuit. The control circuit are logic gates as
` the '026 Patent describes, that control circuits
` may be comprised of logic gates. G1 through GN
` are prototypical logic gates. Those are NAND
` gates. They perform a logic function. They take
` inputs and they produce an output. The inputs to
` the control circuit are the same as the inputs in
` the '026 Patent. We'll see in the '026 Patent
` there is a mode indicator, 104. So, too, in the
` Kim patent. The mode indicator is a sleep signal.
` That sleep signal is supplied to the control
` circuit which are the logic gates and, therefore,
` a mode indicator is received as required by
` Claim 13.
` You see in Slide 27, a leakage indicator.
` A leakage indicator in Kim is a series of
` registers just as the '026 would describe how a
` leak indicator can be stored. C1 through CN are a
` series of registers. They store value, which can
` vary from chip to chip, but there will be a
` particular value of a leakage indicator stored in
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` those registers. That, too, is supplied to the
` control circuit just as in the '026 Patent.
` So we see in Slide 28 that what happens in
` Kim is just is what happens in the '026 Patent
` based on the mode indicator and the leakage
` indicator. The control circuit will select a
` value of a control signal. It applies it, as
` we've highlighted in purple in Figure 4 of Kim.
` On Slide 28, it applies it to the transistors
` which make up the power gating switch in Kim. And
` we'll see that that is a power gating switch in
` Slide 29.
` What Slide 30 shows is the result that the
` output supply voltage of Kim is provided to the
` power gated circuit and its relationship between
` the input and output depends upon both the control
` signal that's selected by the control circuit
` based on the mode indicator and based on the
` leakage indicator.
` If we go to Slide 31, to talk about the
` obvious in this case, Kim and Lee provides the
` mode indicator generator being on the integrated
` circuit and, as well, a leakage indicator
` generator for being on the integrated circuit. So
` if we see in Slide 33, where we introduce Lee, so
` Lee is the Figure 4 we've shown on Slide 33. I
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` won't go through all the elements. It's in the
` briefing, but we've color coded them the same.
` Lee has all of the same elements. You can see
` they're quite similar in the arrangement of the
` power gated switch. The provision of various
` generators. Lee even calls them generators just
` like the claim language in the '026. There's a
` process information generator that provides
` information about the process which is -- gives
` you leakage information.
` Lee has this DPD, deep power down, box
` that is shown. That is a mode indicator
` generator, just as the items shown in Figure 4 of
` Lee, are various generators for temperature
` information and process information. The deep
` power down generator generates that deep power
` down signal which goes to the control circuit,
` which in Lee is the bias signal generator.
` What we're doing is combining the
` teachings of Kim and Lee, and if the Board were to
` find that Kim is lacking in a mode indicator
` generator, although it clearly discloses a mode
` indicator, being the sleep signal, that signal
` needs to be generated from somewhere. I think it
` would be obvious in the light of Kim itself that
` where you have a mode indicator that is a mode
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` indicator generator. But in any regard, we are
` relying on Lee's teaching of a mode indicator
` generator combine it with Kim in order to meet
` that element, in the four of five lacking.
` On slide 34, we show that there is a
` leakage indicator generator, that's in Kim. Kim
` itself has the test operation registers, that is
` the generator for the leakage indicator.
` So let's get to disputed issues. I think
` Kim and Lee match up with very well with the '026
` Patent. There are a handful of disputed issues,
` and they're summarized believe on Slide 36, and
` Patent Owner has its own summary in their slides,
` but I think there's significant overlap and
` agreement on what the disputes are. The dispute
` about claim construction, whether the term
` "select" needs to be construed, and then the
` application of the art to that term selecting a
` control signal based on mode indicator and leakage
` indicator. There's a dispute about whether Kim
` and Lee teach all the various mode indicators
` required, including performance value and leakage
` reduction value, and then there's the issue of
` motivation to combine. I'll take those in turn.
` So Slide 38, we'll address first the claim
` construction of the term "select." So turning to
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` Slide 39, the Petitioner proposed ordinary,
` customary meaning under Phillips. This patent was
` involved in district court litigation, that wasn't in the
` Markman proceeding. Neither party suggested
` that the term needed to be construed and there is
` no construction on the term in the district court.
` In the decision on institution, the Board
` preliminary agreed with Petitioner that no
` express construction of the term is necessary.
` And the Board did supply some dictionary
` definitions. We'll get to those in a minute. But
` consistent with Phillips, I think first we should
` look at the specification, and the '026
` specification describes "select" in a very broad
` sense. In fact, it says, “the control circuit 50
` can select the value of the control signal in any
` suitable manner.” That's on Slide 39 of the
` Petitioner's slides. That's in the '026 Patent
` Column 4, lines 30 through 31.
` The '026 Patent goes on to describe, still
` in Column 4, just at lines 22 through 25, how that
` digital circuit 51 can include storage element,
` such as a register or flip-flops, and can include
` one or more logical gates. That's the section we
` looked at just a few minutes ago. And that is the
` broad sense in which control circuit is defined
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` and its function, and structure is one in which a
` selection is done in any suitable manner can be as
` simple as a register, as simple as a combination
` of logic gates.
` And so if we turn to Slide 40, the Board
` did provide --
` JUDGE CHUNG: Counsel.
` MR. MASSA: Yes.
` JUDGE CHUNG: This is Judge Chung. In
` your view, setting values of a register that's,
` let's say, comprised of eight bits, in other words,
` setting those bits would be selecting the value of
` the register. Am I understanding you correctly?
` MR. MASSA: Well, Your Honor, I think
` there's a slight distinction depending on what
` registers you're speaking of. But, for example,
` there are inputs to the control circuit. The
` inputs are data. Those inputs are data which are
` used by the control circuit. There are then
` outputs of the control circuit, and what we're
` talking about when we talk about selecting a value
` of the control signal is determining what the
` outputs would be. So the control circuit is going
` to determine the outputs and that's the control
` signal that it generates.
` JUDGE CHUNG: And that would be based on
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` some input value?
` MR. MASSA: Yes. Yes. What we're talking
` about here are logic circuits. There's been a bit
` -- in the briefing, I think Patent Owner has done
` a bit of this anthropomorphizing by trying to make
` this a human. You know, Mary going to the post
` office and mailing a letter and these things.
` This is not, you know, a human doing the
` selection. What it is, is a logic circuit. It's
` deterministic. It's based on logic if it's given
` a certain input or a series of inputs, it will
` produce a certain output, and that's the sense in
` which the control circuit will select an output
` value.
` Now, putting those data in to, for
` example, the leakage indicator, those are data,
` and that's putting the data in to define the
` inputs is different from what the control circuit
` is doing, which is producing an output based on
` those inputs. That's the only distinction. But
` yes, in a general sense setting -- the control
` circuit setting values that will be applied to the
` power gates that -- those values that are applied
` are the selected control signals.
` JUDGE CHUNG: All right. Thank you.
` MR. MASSA: Thank you, Your Honor.
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` Now, on Slide 40 we see the Board did
` refer to two dictionary definitions, that
` indicated it appeared to reflect the claim
` language, although the Board did preliminarily say
` that no, construction is necessary. Petitioner
` does not believe a construction is necessary, but
` we also believe that under either of these
` definitions, and even under what the Patent Owner
` seems to be saying through the course of its
` briefing that the Kim reference meets “select” in
` any of these senses.
` So if we go to Slide 41, to the extent the
` Board is going to construe this term it should
` reject Petitioner's -- sorry -- Patent Owner's
` construction. Petitioner has not offered a
` construction.
` Patent Owner has said that "select" means
` to take a choice from among several that was in
` its Preliminary Response, and the Board rejected that
` and we believe properly. That's not the sense of
` selection in the computer system where we're
` talking about logic gates. We're not talking
` about Mary going to the post office with a letter.
` It's not a person who has several options
` available to them perhaps. It's the computer
` circuit and based on its inputs, it provides an
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` output, and that's the sense in which selection is
` used in this patent, in the '026 Patent. It does
` not have to be from among several options.
` Patent Owner also says in its briefing
` that the parameters must play a role in deciding
` which of the values will be chosen or picked. We
` don't believe that that should be read into the
` word "select", it's playing a role. But even if
` it were, we will demonstrate, and we have in our
` briefing, how both the mode indicator and the
` leakage indicator play a role in what the output
` of the control circuit will be.
` At various points in its briefing, Patent
` Owner seems to be saying that the operation of
` NAND gate is excluded from the term "select."
` There's no basis for that. As we saw on the
` patent, the '026 Patent specifically says that
` logic gates can be used in the control circuit to
` make that selection.
` The Patent Owner also seems to argue that
` “select” requires distinguishing between the input
` streams and a control signal it receives.
` There's no basis for this in the plain and
` ordinary meaning of the term "select," and this is
` just, I think, a proposed construction to try
` avoid the prior art. We'll see how Kim meets
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` this as well.
` So let's move on to Slide 42. A couple of
` points about Patent Owner's argument and "select."
` So as I said, there's nothing about “select” that
` excludes the operations of NAND gate, and as I
` referred to now several times, the control circuit
` in the '026 Patent explicitly can include logic
` gates. It can be made only of logic gates or some
` combination of gates and registers. And so the
` term "select" in the '026 Patent doesn't exclude
` the use of NAND gates. NAND gates are the
` preferred -- you know, logic gates are the
` preferred embodiments of the '026 Patent in order
` to perform that selection.
` And so turning to Slide 43 also, briefly,
` this idea between distinguishing an input stream
` and the control signal it receives. There's
` nothing in the '026 Patent that talks about a
` control signal being received by the control
` circuit. The control signal outputs a control
` signal to the power gating switch. That's the
` control signal in a sense. What is received by
` that the control circuit are input streams. They
` are data. So the mode indicator is a piece of
` data indicating what the mode is. And the leak
` indicator is a piece of data indicating what the
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` leakage is, and so, too, in Kim.
` If we turn Slide 44, we'll show how Kim
` and a combination of Kim and Lee disclose
` selecting a value of control signal based on the
` mode indicator and on the leakage indicator.
` Now, we've already shown this briefly, but
` this is the -- really the crux of the dispute so
` I'll take a little more time on this. On Slide
` 45, the '026 Patent talks about having a control
` circuit that receives two pieces of information:
` The mode indicator and the leakage indicator. In
` Figure 4 of Kim Patent, the gates G1 through GN
` are the control circuit. They are logic gates
` just as the '026 Patent says they can be. They
` receive a sleep signal. That is a mode indicator.
` It indicates whether the circuit of Kim is
` operating in an active mode or sleep mode. That's
` exactly the kind of mode indicator that is
` described by the '026 Patent.
` In Kim, the leakage indicator is the
` series of registers, a multi bit value C1 through
` CN. That describes whether the chip in the Kim
` Patent, whether that individual chip was below a
` leakage threshold or above a leakage threshold.
` If it was below a leakage threshold, then all of
` those values are going to be ones, and all of the
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` output will be zeros, and what the effect of that
` will be, will be that the maximum amount of
` voltage will be applied. That's that performance
` mode according to the '026 Patent. If the leakage
` value was above the threshold, if it was a leaky
` chip, then certain values will be set in those
` registers C1 through CN, and the effect of that
` will be that certain of the transistors in the
` power gating switch P1 through PN will be turned
` off and so a lower voltage will be supplied to VVCC
` than otherwise and that's called the leakage
` reduction mode.
` So Kim provides both of those modes, the
` performance mode and the leakage reduction mode.
` It does so using a control circuit that has
` sleep transistor plus a mode indicator and a leakage
` indicator.
` And if we look at Slide 46, Kim's NAND
` gate choose or select this value to output in
` preference to another value. So applying the
` courts -- what the Board said in the decision on
` institution, that's Exhibit 3002 is one of the
` definitions that the Board found, you know, better
` describes "select". Kim meets that. The value of
` the output and control signal is chosen in
` preference to other values. And Kim, in its
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` paragraph 16, shows how the value can be a sleep
` value or a -- which would -- which would turn off
` all of the sleep transistors, or it can be an
` operati
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