UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioners,
`
`v.
`
`NEODRON LTD.,
`Patent Owner.
`
`____________
`
`Case No. IPR2020-00192
`U.S. Patent No. 8,502,547
`
`DECLARATION OF RICHARD A. FLASCK
`
`1
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 1
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.,
`Petitioners,
`
`v.
`
`NEODRON LTD.,
`Patent Owner.
`
`____________
`
`Case No. IPR2020-00192
`U.S. Patent No. 8,502,547
`
`DECLARATION OF RICHARD A. FLASCK
`
`1
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 1
`
`
`
`I.
`
`1.
`
`INTRODUCTION
`
`I have been retained as an expert in this case by Neodron Ltd. (“Neodron”). I
`
`have been asked to consider and opine on issues of validity regarding U.S.
`
`Patent No. 8,502,547 (“’547 Patent”).
`
`2.
`
`In forming my opinions, I have reviewed, considered, and had access to the
`
`patent specifications and claims, their prosecution histories, the parties’
`
`proposed claim constructions, and the extrinsic evidence cited by the parties
`
`in connection with those proposed constructions. I have also relied on my
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`professional and academic experience in the fields of thin film devices, flat
`
`panel displays, active matrix, LED, OLED, touchscreens, and touch panels. I
`
`reserve the right to consider additional materials as I become aware of them
`
`and to revise my opinions accordingly.
`
`II.
`
`QUALIFICATIONS
`
`3. My qualifications for forming the opinions set forth in this Declaration are
`
`summarized here and explained in more detail in my curriculum vitae, which
`
`is attached as Exhibit 2002.
`
`4.
`
`I received a Bachelor of Science degree in Physics from the University of
`
`Michigan, Ann Arbor, in 1970. I thereafter received a Master of Science
`
`degree in Physics from Oakland University in Rochester, Michigan, in 1976.
`
`I am the founder and CEO of RAF Electronics Corp., where I developed and
`
`
`
`2
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 2
`
`
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`patented Liquid Crystal on Silicon (LCOS) microdisplay projection
`
`technology using active matrix transistor arrays as well as developed
`
`proprietary LED-based Solid State Lighting (SSL) products.
`
`5.
`
`After receiving my bachelor’s degree, I was employed as a scientist and a
`
`manager by Energy Conversion Devices, Inc., from 1970 through 1982. My
`
`work at Energy Conversion Devices concerned the development of
`
`electroluminescent displays, thin film photovoltaics, ablative imaging films,
`
`non-volatile memory, multi-chip modules, and superconducting materials.
`
`After leaving Energy Conversion Devices, I founded and served as CEO of
`
`Alphasil, Inc., where I developed amorphous silicon thin film transistor (TFT)
`
`active matrix liquid crystal displays (AMLCDs). My work at Alphasil
`
`included thin film transistor array substrate process and circuit design, data
`
`driver and gate driver design, scalers, video circuits, gamma correction
`
`circuits, backlighting, and inverter design. At Alphasil I also designed and
`
`incorporated touch panel screens into active matrix display devices. The touch
`
`panel technologies included surface acoustic wave and capacitive sensing. I
`
`worked at Alphasil from 1982 through 1989.
`
`6.
`
`After leaving Alphasil, I founded RAF Electronics Corp., described above. I
`
`have served as CEO of RAF Electronics since that time. At RAF I developed
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`HDTV projection technology including transistor array substrates for LCOS
`
`
`
`3
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 3
`
`
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`devices and the associated optical systems. My activities at RAF have
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`included developments in lighting systems using both traditional LED and
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`OLED (Organic Light Emitting Diode) technologies. In 2016 I was granted
`
`US Patent 9,328,898 which includes OLED and LED technology and lighting
`
`systems. In 2019 RAF received a CalSEED grant from the California Energy
`
`Commission to develop ultra-efficient lighting products and explore
`
`establishing a Central Valley manufacturing facility.
`
`7.
`
`In 1997, I took the position of President and COO at Alien Technology
`
`Corporation, where I was responsible for completing a Defense Advanced
`
`Research Projects Agency (DARPA) contract, and for implementing MEM
`
`fluidic self-assembly (FSA) technology. I left that position in 1999.
`
`8.
`
`In 2002, I co-founded and served as COO of Diablo Optics, Inc., where I
`
`developed, produced, and commercialized key optical components for HDTV
`
`projectors, such as polarization optics, condenser lenses, projection lenses,
`
`and ultra-high performance optical interference filters using thin film stacks
`
`in conjunction with LED and thin film transistor arrays and devices. I left
`
`Diablo in 2007.
`
`9.
`
`I am listed as an inventor on twenty-six patents issued in the United States and
`
`foreign countries, including one United States design patent. My inventions
`
`concern technologies including LED devices, semiconductor materials, glass
`
`
`
`4
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 4
`
`
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`materials, non-volatile memory cells, thin film transistors, flat panel
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`backplanes and displays, and wafer based active matrices, and various
`
`transistor array substrates.
`
`10.
`
`I have authored or co-authored
`
`twenty-five articles or conference
`
`presentations, including numerous papers and presentations concerning
`
`lighting and display technologies. My curriculum vitae (Exhibit A) lists these
`
`articles, conference presentations, and patents.
`
`11.
`
`I am also a member of several professional organizations, including the OSA,
`
`SPIE, AES, SID, and the IEEE.
`
`12.
`
`In summary, I have almost 50 years of experience in the field of high tech
`
`product development including flat panel displays, transistor array substrates,
`
`touchscreens and touch panels, and OLED and LED devices.
`
`13.
`
`In the past twelve years, I have served as an expert witness for patent
`
`infringement litigation (or arbitrations) or PTAB proceedings in the following
`
`cases:
`
`•
`
`•
`
`Nichia Corporation v. Seoul Semiconductor, 3:06-cv-0162 (NDCA), on
`
`behalf of Seoul Semiconductor Company, Inc.
`
`Hewlett Packard v. Acer Incorporated et al., U.S. ITC Investigation
`
`No. 337-TA-606, on behalf of Acer Incorporated et al.
`
`
`
`5
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 5
`
`
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`•
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`•
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`•
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`•
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`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`Samsung v. Sharp, U.S. ITC Investigation No. 337-TA-631, on behalf
`
`of Samsung.
`
`Sharp v. Samsung, U.S. ITC Investigation No. 337-TA-634, on behalf
`
`of Samsung.
`
`O2Micro v. Monolithic Power Systems et al., U. S. ITC Investigation
`
`No. 337-TA-666, on behalf of O2Micro.
`
`IPR No. IPR2014-0168 of U.S. 7,612,843, on behalf of Petitioner Sony,
`
`Corp.
`
`Ushijima v. Samsung, 1:12-cv-00318-LY (WDTX), on behalf of
`
`Ushijima.
`
`Delaware Display Group LLC and Innovative Display Technologies
`
`LLC v. Sony Corp. et al., Case No. 1:13-cv-02111-UNA DDEL, on
`
`behalf of Sony Corp.
`
`Funai v. Gold Charm Limited, Case No. IPR2015-01468, on behalf of
`
`Petitioner Funai.
`
`Phoenix, LLC v. Exar et al., Case No. 6:15-CV-00436-JRG-KNM., on
`
`behalf of Exar et al.
`
`MiiC v. Funai, Case No. 14-804-RGA, on behalf of Funai.
`
`Delaware Display Group LLC v. Vizio, Case No. 13-cv-02112-RGA,
`
`on behalf of Vizio.
`
`6
`
`
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 6
`
`
`
`•
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`•
`
`•
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`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`•
`
`ARRIS v. Sony, U.S. ITC Investigation No. 337-TA-1060, on behalf of
`
`Sony.
`
`BlueHouse Global, LTD. v. Semiconductor Energy Laboratory Co.
`
`LTD., IPRs on behalf of BlueHouse Global, LTD.
`
`Phoenix, LLC v. Wistron Corp., Case No. 2:17-cv-00711-RWS, on
`
`behalf of Wistron Corp.
`
`Ultravision v. Absen et al., ITC Investigation No. 337-TA-1114, on
`
`behalf of Absen et al.
`
`Viavi Solutions Inc. v. Materion Corp., PGR2019-00017, on behalf of
`
`Viavi Solutions, Inc.
`
`NEC v. Ultravision, IPR2019-01123 and IPR2019-01117, on behalf of
`
`NEC.
`
`Solas OLED Ltd. v. Samsung Display Co., Ltd., et al., Case No. 2:19-
`
`cv-00152-JRG, on behalf of Solas.
`
`Solas OLED Ltd. v. LG Display Co., Ltd., et al., Case No. 6:19-cv-
`
`00236-ADA, on behalf of Solas.
`
`Neodron v Lenovo / Motorola Case No. 3:19-cv-05644-SI, on behalf
`
`of Neodron
`
`Neodron v Dell Case No. 1:19-cv-00819-ADA, on behalf of Neodron
`
`Neodron v HP, Case No. 1:19-cv-00873-ADA, on behalf of Neodron
`
`
`
`7
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 7
`
`
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`•
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`•
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`•
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`•
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`•
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`•
`
`•
`
`•
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`Neodron v Microsoft, Case No. 1:19-cv-00874-ADA, on behalf of
`
`Neodron
`
`Neodron v Amazon, Case No. 1:19-cv-00898-ADA, on behalf of
`
`Neodron
`
`Neodron v Samsung, Case No. 1:19-cv-00903-ADA, on behalf of
`
`Neodron
`
`Solas OLED Ltd. v Dell, Case No. 6:19-cv-00514-ADA, on behalf of
`
`Solas
`
`Solas OLED Ltd. v Google, Case No. 6:19-cv-00515-ADA, on behalf
`
`of Solas
`
`Solas OLED Ltd. v Apple, Case No. 6:19-cv-00537-ADA, on behalf of
`
`Solas
`
`Solas OLED Ltd. v HP, Case No. 6:19-cv-00631-ADA, on behalf of
`
`Solas
`
`LGD v Solas OLED Ltd., Case IPR2020-00177, on behalf of Solas
`
`III. TECHNOLOGY BACKGROUND
`
`14. The 547 Patent generally relates to devices containing a touch-sensitive
`
`display (which may be referred to as a “touchscreen”) that allows a user to
`
`interact with an electronic device with a finger or stylus. This display may
`
`include a touch sensor overlaid on or incorporated into a display screen.
`
`
`
`8
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 8
`
`
`
`15. A capacitive touch system can be designed to detect and report a two-
`
`dimensional coordinate (e.g., x, y position) identifying the location of the
`
`user’s finger or stylus. When a finger touches a capacitive touch sensor, it
`
`interacts with electrical fields projected from the sensor. In particular, the
`
`finger creates a capacitive coupling between the user’s body and the portion
`
`of the sensor near the touch. This effect is commonly referred to as a change
`
`in capacitance within the touchscreen at the location of the touch. A touch
`
`controller, microprocessor, or other related application specific integrated
`
`circuit (“ASIC”) may be employed to measure this electrical effect and
`
`process information from that measurement to determine the touch’s position
`
`on the screen.
`
`
`
`9
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 9
`
`
`
`16. The most common type of capacitive touch sensing is “mutual capacitance”
`
`sensing. Mutual capacitance refers to the capacitance between a drive
`
`electrode (or “drive line”) and a sense electrode (or “sense line”).
`
`
`
`
`
`
`
`
`
`10
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 10
`
`
`
`17.
`
`In a common mutual-capacitance implementation, the touch sensor includes
`
`an array of electrodes that are arranged along x- and y-axes to form capacitive
`
`nodes where the electrodes intersect, as depicted above. By convention, the
`
`transmit or “drive” electrodes are commonly referred to as the X axis, and the
`
`receive or “sense” electrodes are referred to as the Y axis. Mutual capacitive
`
`sensing “uses a transmit-receive process to induce charge across the gap
`
`between an emitting electrode and a collecting electrode (the transmitter and
`
`the receiver respectively, also referred to as X and Y). … As a finger touch
`
`interacts with the resulting electric field between the transmitter and receiver
`
`electrodes, the amount of charge coupled from transmitter to receiver is
`
`changed.” ’784 patent at 1:16-39. Conceptually, when a finger comes near a
`
`capacitive node, it effectively “steals” charge from the drive electrode, which
`
`reduces the capacitance of the node in a measurable way, as depicted below:
`
`
`18. The electrodes used for mutual capacitive sensing may be formed in numerous
`
`ways. Some electrodes are formed from a transparent conductive material
`
`
`
`11
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 11
`
`
`
`called Indium Tin Oxide (“ITO”). Other electrodes are formed from opaque
`
`metallic conductors such as silver or copper. For opaque metals to be usable
`
`as touch screen electrodes, they need to be formed into fine mesh patterns that
`
`allow light from the underlying display to pass through. In each case, the
`
`conductive material is patterned to form electrodes.
`
`19.
`
`In order to form the X-Y array of electrodes typically used for mutual
`
`capacitive sensing, in which one set of electrodes runs vertically and another
`
`runs horizontally, some provision must be made to prevent the two sets of
`
`electrodes from making direct electrical contact with each other. One way to
`
`accomplish that is by putting the vertical electrodes and horizontal electrodes
`
`on separate layers, one above the other.
`
`IV. LEVEL OF ORDINARY SKILL IN THE ART
`
`20.
`
`In my opinion, a person of ordinary skill in the art (“POSITA”) for the patents
`
`I discuss here would be a person with a bachelor’s degree in physics, electrical
`
`engineering, or a related field, and at least two years of experience in the
`
`research, design, development, and/or testing of touch sensors, touchscreens
`
`and display stacks, human-machine interaction and interfaces, and/or
`
`graphical user interfaces, and related firmware and software. A person with
`
`less education but more relevant practical experience, or vice versa, may also
`
`meet this standard.
`
`
`
`12
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 12
`
`
`
`21.
`
`I further note that I am at least a POSITA and that for 50 years I have worked
`
`with colleagues who are POSITAs. Thus, I am well qualified to give technical
`
`V.
`
`22.
`
`opinions from the perspective of a POSITA.
`
`THE ALAMEH REFERENCE
`
`I have reviewed Ex. 1005, U.S. Patent Application Pub. 2005/0219228 by
`
`Alameh et al. (“Alameh.”).
`
`23. Neither the Petition nor Dr. Bederson establish that Alameh discloses a
`
`capacitive coupling between a sensing element and system ground in
`
`connection with the embodiments of paragraphs 21, 42, 48, and Figures 2, 4,
`
`and 6. In fact, Alameh discloses that the capacitive sensor of these
`
`embodiments “acquires additional capacitance and this change in capacitance
`
`in turn changes, e.g. lowers, a frequency of the [associated] oscillator.” Ex.
`
`1005 ¶ 24; Pet. at 24. Neither the Petition nor Dr. Bederson explain how this
`
`change in the capacitance of the sensor satisfies the ’547 Patent’s requirement
`
`for a capacitance between the sensing element and a system ground. I do not
`
`agree that Alameh discloses the claimed “first capacitance between the
`
`sensing element and a system ground.”
`
`24. Similarly, neither the Petition nor Dr. Bederson establish that Figure 7 or
`
`paragraph 49 of Alameh discloses the claimed “first capacitance between the
`
`sensing element and a system ground.” Because the Petition and Dr. Bederson
`
`
`
`13
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 13
`
`
`
`merely quote Alameh without analysis, it is not clear how this portion of
`
`Alameh supposedly renders the ’547 Patent obvious. To the extent they
`
`contend that “the capacitance between the sensor plate and an object 709…
`
`placed adjacent to the sensor plate 702” meets the limitation “first capacitance
`
`between the sensing element and a system ground,” I disagree. Ex. 1005 ¶ 49;
`
`Pet. at 25. As Alameh specifically states, that is a capacitance between a
`
`sensor plate and an object (e.g. a finger), not between a sensor and a system
`
`ground as claimed in the ’547 Patent.
`
`25. And examining Figure 7 of Alameh confirms that Petitioner and Dr. Bederson
`
`are mistaken. Neither Alameh nor the Petition nor Dr. Bederson analyzes the
`
`circuit elements in Figure 7, but it seems that “the capacitance between the
`
`sensor plate and an object 709” corresponds to the variable capacitor Cs in
`
`Fig. 7. Ex. 1005 ¶ 49 and Fig. 7. That capacitance is what Alameh describes
`
`measuring. As Figure 7 confirms, that capacitance is not between the touch
`
`sensor and a system ground; it is between the touch sensor and an object such
`
`as a user’s finger. For example, there is no direct connection between Cs and
`
`system ground.
`
`26. Further, in the electronic industry, System Ground (AKA Earth Ground), is
`
`denoted by the standard symbol
`
`
`
`14
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 14
`
`
`
`
`
`
`
`While the standard symbol
`
`
`
`
`
`denotes Chassis Ground. Chassis ground and system (earth) ground are two
`
`different things. A chassis ground is a link between different metallic parts of
`
`a machine to ensure an electrical connection between them. Earth or system
`
`ground is related primarily to safety considerations regarding the main power
`
`rails. This is verified in Alameh by the use of the two different standard
`
`symbols in fig 7. Referring to Figure 7, Alameh says the relevant capacitance
`
`is between the touch sensor 702 and the object (user’s finger) 709. But we
`
`see in Figure 7 that person 709 is connected to chassis ground, not to system
`
`ground. So, even if we ignore the electrical properties of the person (and
`
`assume he/she is a perfect conductor), the operative capacitance would then
`
`be between the touch sensor and chassis ground, not between the touch sensor
`
`and system ground.
`
`
`
`15
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 15
`
`
`
`VI.
`
`THE GRINSHPOON REFERENCE
`
`Pls
`
`I have reviewed Ex. 1008, U.S. Patent Application 2006/0055679 to
`
`Grinshpoonetal. (““Grinshpoon”).
`
`28.
`
`Grinshpoon doesnot disclose a first capacitance between the sensing element
`
`and a system ground as claimed in the °547 Patent. Grinshpoon teaches a
`
`system that “is configured... to measure changes in the capacitance” of the
`
`sensing element TPitself, not the capacitance between the sensing element
`
`and a system ground. Ex. 1008 § 8. As depicted in Figure 2A, the sensing
`
`element TP is not depicted as coupled to system groundatall, except by a
`
`very circuitous route through other capacitors C6, C5, resistor R8, and through
`
`the integrated circuit U1. Grinshpoon teaches a measurementof the changes
`
`in the capacitance of the sensing element, not a measurement
`
`ofits
`
`capacitance.
`
`Vil.
`
`CONCLUSION
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed August 14, 2020 in San Ramon, California.
`
`oy VL
`
`Richard A. Flasck
`
`16
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 16
`
`SAMSUNG V. NEODRON
`IPR2020-00192
`Exhibit 2001
`Page 16
`
`
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