UNITED STATES
`INTERNATIONAL TRADE COMMISSION
`
`___________________________________
`In the Matter of: ) Investigation No.
`CERTAIN ACTIVE MATRIX OLED ) 337-TA-1243
`DISPLAY DEVICES AND COMPONENTS )
`THEREOF )
`___________________________________
`
`OPEN/CLOSED SESSIONS
`
`Pages:
`Place:
`Date:
`
`256 through 500
`Washington, D.C.
`November 16, 2021
`
`HERITAGE REPORTING CORPORATION
`Official Reporters
`1220 L Street, N.W., Suite 206
`Washington, D.C. 20005
`(202) 628-4888
`contracts@hrccourtreporters.com
`
`Petitioner Samsung Ex. 1013
`Page 001
`
`
`INTERNATIONAL TRADE COMMISSION
`
`___________________________________
`In the Matter of: ) Investigation No.
`CERTAIN ACTIVE MATRIX OLED ) 337-TA-1243
`DISPLAY DEVICES AND COMPONENTS )
`THEREOF )
`___________________________________
`
`OPEN/CLOSED SESSIONS
`
`Pages:
`Place:
`Date:
`
`256 through 500
`Washington, D.C.
`November 16, 2021
`
`HERITAGE REPORTING CORPORATION
`Official Reporters
`1220 L Street, N.W., Suite 206
`Washington, D.C. 20005
`(202) 628-4888
`contracts@hrccourtreporters.com
`
`Petitioner Samsung Ex. 1013
`Page 001
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`
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` 256
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` 1 UNITED STATES INTERNATIONAL TRADE COMMISSION
` 2 Washington, D.C.
` 3 BEFORE THE HONORABLE CAMERON ELLIOT
` 4 Administrative Law Judge
` 5 ___________________________________
` 6 In the Matter of: ) Investigation No.
` 7 CERTAIN ACTIVE MATRIX OLED ) 337-TA-1243
` 8 DISPLAY DEVICES AND COMPONENTS )
` 9 THEREOF )
` 10 ___________________________________
` 11 Remote Hearing
` 12
` 13 International Trade Commission
` 14 500 E Street, S.W.
` 15 Washington, D.C.
` 16
` 17 Monday, November 16, 2021
` 18
` 19 EVIDENTIARY HEARING - VOLUME II - Remote
` 20
` 21 The Hearing commenced remotely, pursuant to the
` 22 notice of the Judge, at 10:00 EST.
` 23
` 24
` 25 Reported by: Karen Brynteson, FAPR, RMR, CRR
`
`Heritage Reporting Corporation
`(202) 628-4888
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`Petitioner Samsung Ex. 1013
`Page 002
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` 257
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` 1 APPEARANCES:
` 2 ** All parties appearing remotely **
` 3
` 4 For Complainant Solas OLED Ltd.:
` 5 REZA MIRZAIE, ESQ.
` 6 MARC A. FENSTER, ESQ.
` 7 BRIAN D. LEDAHL, ESQ.
` 8 NEIL A. RUBIN, ESQ.
` 9 PHILIP X. WANG, ESQ.
` 10
` KRISTOPHER R. DAVIS, ESQ.
` 11 JAMES S. TSUEI, ESQ.
` 12 Russ August & Kabat
` 13 12424 Wilshire Blvd, 12th Floor
` 14 Los Angeles, CA 90025
` 15
` 16 MATTHEW D. AICHELE, ESQ.
` 17 Russ, August & Kabat
` 18 800 Maine Avenue, S.W., Suite 200
` 19 Washington, D.C. 20024
` 20
` 21 EVAN H. LANGDON, ESQ.
` 22 JOSHUA W. RODRIGUEZ, ESQ.
` 23 Nixon Peabody LLP
` 24 799 9th Street, N.W., Suite 500
` 25 Washington, D.C. 20001
`
`Heritage Reporting Corporation
`(202) 628-4888
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`Petitioner Samsung Ex. 1013
`Page 003
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` 258
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` 1 APPEARANCES (Continued):
` 2 For Complainant Solas OLED Ltd.:
` 3 PAULINA M. STAROSTKA, ESQ.
` 4 Nixon Peabody LLP
` 5 70 West Madison Street, Suite 3500
` 6 Chicago, IL 60602
` 7
` 8 For Respondents Samsung Display Co., Ltd.:
` 9 Samsung Electronics Co., Ltd., and Samsung Electronics
` 10 America, Inc.:
` 11 D. SEAN TRAINOR, ESQ.
` 12 O'Melveny & Myers LLP
` 13 1625 Eye Street, N.W.
` 14 Washington, D.C. 20006
` 15
` 16 RYAN K. YAGURA, ESQ.
` 17 NICHOLAS J. WHILT, ESQ.
` 18 BRIAN COOK, ESQ.
` 19 NANCY LYNN SCHROEDER, ESQ.
` 20 O'Melveny & Myers LLP
` 21 400 South Hope Street
` 22 Los Angeles, CA 90071
` 23
` 24
` 25
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`Heritage Reporting Corporation
`(202) 628-4888
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`Petitioner Samsung Ex. 1013
`Page 004
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` 259
`
` 1 APPEARANCES (Continued):
` 2 For Respondents Samsung Display Co., Ltd.,
` 3 Samsung Electronics Co., Ltd., and Samsung Electronics
` 4 America, Inc.:
` 5 DARIN SNYDER, ESQ.
` 6 MARK LIANG, ESQ.
` 7 O'Melveny & Myers LLP
` 8 Two Embarcadero Center, 28th Floor
` 9 San Francisco, CA 94111
` 10
` 11 For ITC Office of Unfair Import Investigations:
` 12
` CLAIRE K. COMFORT, ESQ.
` 13 JEFFREY HSU, ESQ.
` 14 Office of Unfair Import Investigations
` 15 U.S. International Trade Commission
` 16 500 E Street, S.W., Suite 401
` 17 Washington, D.C. 20436
` 18 202-205-2160
` 19
` 20
` 21 ** Index appears at end of Transcript **
` 22
` 23
` 24
` 25
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`Heritage Reporting Corporation
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`Petitioner Samsung Ex. 1013
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`P R O C E E D I N G S
` 1
` 2 (10:00 a.m.)
` 3 JUDGE ELLIOT: Let's go on the record.
` 4 All right. We're here in the matter of Certain
` 5 Active Matrix OLED Display Devices and Components Thereof,
` 6 United States International Trade Commission Investigation
` 7 No. 337-TA-1243.
` 8 My name is Cameron Elliot, Presiding
` 9 Administrative Law Judge. May I have appearances from
` 10 counsel, please.
` 11 MR. FENSTER: Good morning, Your Honor. This is
` 12 Marc Fenster with Russ August & Kabat on behalf of
` 13 Complainant. With me are my partners Reza Mirzaie, Philip
` 14 Wang, James Tsuei, Neil Rubin, our co-counsel Evan Langdon,
` 15 and our client representative, I believe is on the line,
` 16 Jerry Padian.
` 17 JUDGE ELLIOT: Good morning.
` 18 MR. SNYDER: Good morning, Your Honor. Darin
` 19 Snyder on behalf of the Samsung Respondents. Also on today
` 20 are Mr. Sean Trainor, Ryan Yagura, Nick Whilt, and Nancy
` 21 Schroeder.
` 22 JUDGE ELLIOT: Good morning.
` 23 MR. FENSTER: Your Honor -- oh, I'm sorry.
` 24 MS. COMFORT: Go ahead.
` 25 MR. FENSTER: I'm so sorry. I -- I neglected
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` 1 Matthew Aichele is also on for Complainant, Your Honor.
` 2 JUDGE ELLIOT: All right. Very good.
` 3 Go ahead, Ms. Comfort.
` 4 MS. COMFORT: Good morning, Your Honor. You
` 5 also have Claire Comfort and Jeffrey Hsu on behalf of the
` 6 Commission Investigative Staff.
` 7 JUDGE ELLIOT: Good morning. All right. So
` 8 anything we need to take up before we start in again with
` 9 Mr. Credelle? From Complainants?
` 10 MR. FENSTER: Not that I'm aware of, Your Honor.
` 11 JUDGE ELLIOT: All right. Respondents?
` 12 MR. SNYDER: One minor matter, Your Honor. I
` 13 understand that midday yesterday -- excuse me --
` 14 Complainants sent new versions of the demonstrative decks
` 15 for one or more of them for Mr. Credelle, and the only
` 16 substantive change was to change the slide numbers by one.
` 17 We had prepared based on the original numbers,
` 18 so -- and I'm synched up with Mr. Eric Ang, who is running
` 19 our video and demonstratives and exhibits, so I'm sure what
` 20 we will display today will be the intended ones, but it's
` 21 possible that some of those numbers are going to be off by
` 22 one from one of the versions that has been submitted.
` 23 I'm sure the parties can work out making sure
` 24 that what's cited in the prehearing brief is consistent
` 25 with the decks, but if someone is following along and it
`
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` 1 looks like I'm using a different number than they have, it
` 2 should only be by one, and -- and that would explain it.
` 3 If there is some other way the Court would prefer that we
` 4 handle it, I'm happy to try and do that, but I did want to
` 5 bring this to the Court's attention.
` 6 JUDGE ELLIOT: Well, how many slides are we
` 7 talking about that are affected by this change?
` 8 MR. SNYDER: All of them. Because they --
` 9 instead of starting the cover page with zero, they started
` 10 the cover page with 1. And so every slide in the
` 11 later-produced deck uses a number that is higher by 1 than
` 12 the previous version.
` 13 JUDGE ELLIOT: I see. Well, I -- I think that
` 14 the easiest way of handling this is -- at least at the
` 15 moment, is simply to say during your examination, I'm
` 16 referring now to slide number thus and such, which was
` 17 originally numbered thus and such. Or something like that.
` 18 Would that -- does that solve the problem, Mr. Snyder?
` 19 MR. SNYDER: I can try.
` 20 JUDGE ELLIOT: I mean, I don't want -- if
` 21 there's an easier way of doing it, I'm certainly open to
` 22 suggestion, but I think just as long as you make it clear,
` 23 that that -- the problem is solved.
` 24 MR. SNYDER: I will do my best to remember to do
` 25 that. We are going to look at several of Mr. Credelle's
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` 1 slides today, so I will try and put that on the record each
` 2 time.
` 3 JUDGE ELLIOT: Very good. All right. Anything
` 4 from Staff?
` 5 MS. COMFORT: No, Your Honor, just that there
` 6 was a motion to terminate filed last night.
` 7 JUDGE ELLIOT: Indeed there was. And I am going
` 8 to grant it very shortly. So Mr. Turner is -- is at work
` 9 on that right now. So, yes, that will be granted.
` 10 MS. COMFORT: I just wanted to make sure you had
` 11 seen it. Nothing further.
` 12 JUDGE ELLIOT: Very well. All right. And so I
` 13 think then we're back to the cross-examination of
` 14 Mr. Credelle. Are you ready to start, Mr. Snyder?
` 15 MR. SNYDER: I am ready, Your Honor.
` 16 JUDGE ELLIOT: All right. Mr. Credelle, let me
` 17 remind you, you are still under oath.
` 18 THE WITNESS: Thank you.
` 19 Whereupon--
` 20 THOMAS CREDELLE,
` 21 having been previously duly sworn/affirmed, was examined
` 22 and testified further as follows:
` 23
` 24 JUDGE ELLIOT: Go ahead.
` 25 MR. SNYDER: Thank you, Your Honor. And for
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` 1 this portion of the examination, we should be on the eMagin
` 2 confidential record.
` 3 JUDGE ELLIOT: Very well.
` 4 (Whereupon, the hearing proceeded in
` 5 confidential session.)
` 6
` 7
` 8
` 9
` 10
` 11
` 12
` 13
` 14
` 15
` 16
` 17
` 18
` 19
` 20
` 21
` 22
` 23
` 24
` 25
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`Petitioner Samsung Ex. 1013
`Page 010
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` 407
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` 1 O P E N S E S S I O N
` 2 JUDGE ELLIOT: Let's go on the public record.
` 3 We have no one in the lobby. So go ahead.
` 4 MR. MIRZAIE: Thank you.
` 5 DIRECT EXAMINATION
` 6
` 7 BY MR. MIRZAIE:
` 8 Q. Good afternoon, Mr. Credelle.
` 9 A. Good afternoon.
` 10 Q. We're going to be changing topics a little bit
` 11 to the '880 patent. That's the second asserted patent in
` 12 this case. Okay?
` 13 A. Right.
` 14 Q. And did you prepare a demonstrative, a set of
` 15 demonstrative slides to help describe and summarize your
` 16 analysis and opinions?
` 17 A.
`I did.
` 18 Q. And they're on the screen right now?
` 19 A. This is the starting slide of the deck, yes.
` 20 Q. Okay. And what was your assignment with regard
` 21 to the '880 patent?
` 22 A. My assignment was to analyze patent infringement
` 23 of the '880 patent by Samsung and to analyze the practice
` 24 of the '880 patent by eMagin.
` 25 Q. And what -- what kinds of materials did you
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` 1 review to conduct that analysis?
` 2 A. Like with the '068 patent, I examined the
` 3 patent, the file history, I reviewed deposition testimony.
` 4 I examined all the Samsung PDR documents, the graphic
` 5 design files.
` 6 I -- I examined Samsung process documents,
` 7 product specifications. For eMagin likewise, the product
` 8 specifications and the graphic design files. Maybe there's
` 9 more, but that summarizes materials reviewed.
` 10 Q. Thanks. About how many hours would you say you
` 11 spent conducting that review to offer your opinions on the
` 12 question of infringement and the question of technical
` 13 domestic industry?
` 14 A. All together for both patents, I spent well over
` 15 300 hours on my report and analysis. So probably roughly
` 16 50/50, but not sure precisely.
` 17 Q. And after all that review, what did you conclude
` 18 with regard to the '880 patent?
` 19 A. So with respect to the '880 patent, I concluded
` 20 that Samsung's accused products infringe claims 2, 6, 10,
` 21 and 14 of the '880 patent, and that eMagin products
` 22 practice claim 2, 6, and 30.
` 23 Q. Thank you. Does this next slide describe sort
` 24 of a roadmap of your presentation?
` 25 A.
`Yes, it does. Well, obviously start with a
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`Petitioner Samsung Ex. 1013
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` 1 brief description of the patent itself. I'll start with
` 2 Samsung products looking at their circuit. Unlike the
` 3 '068, this -- this patent is concerned more about the
` 4 operation and the timing of how the display is driven as
` 5 opposed to the layout. Although there are some elements
` 6 that rely on the layout, but mostly it's about the circuit
` 7 operation to practice the invention.
` 8 And I'll do the same for eMagin.
` 9 Q. Okay. So let's start with the patent then.
` 10 A. Okay. This is -- the patent is entitled Display
` 11 Apparatus and Drive Control Method Thereof. And it was
` 12 issued January 11, 2011 by Mr. Ozaki and others.
` 13 Q. And what were some of the shortcomings of the
` 14 prior art that the patent dealt with?
` 15 A. Yes. So this -- this is a description, the
` 16 general description at a high level of an organic
` 17 light-emitting diode active matrix AMOLED. In its simplest
` 18 format, there are data drivers and scan drivers and there
` 19 are pixel circuits.
` 20 And the process would be to write data and then
` 21 display data as shown on the right-hand of the slide. And
` 22 that will have some issues, as I'll describe in a moment,
` 23 but the key point here, there's a writing period and a
` 24 display period.
` 25 Q. And what were some of those issues as you just
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` 1 described a moment ago?
` 2 A. So it was commonly known that if you're displace
` 3 moving images on a difficult display, there can be issues
` 4 with blur, I think they also use the word staining, that's
` 5 caused by the way that the display is written and then
` 6 displayed, unlike other kinds of displays which are more of
` 7 an impulse and work better in motion.
` 8 So the patent is really analyzing and improving
` 9 how to display moving images, in particular, on an active
` 10 matrix organic light-emitting diode display.
` 11 Q. Were there other prior art at the time that
` 12 perhaps resolved some degree of those issues but not all of
` 13 them?
` 14 A. Yes. The simplest concept, at least to think
` 15 about in this -- they call pseudo impulse display driving
` 16 method, is to have what they call a black display period,
` 17 which basically means all the information is written in a
` 18 portion of a frame time and then the rest of the portion is
` 19 turned off.
` 20 As they describe a problem with this approach is
` 21 it squeezes all the timing pulses into a narrower and
` 22 narrower space, which can cause problems with writing data
` 23 to the panel effectively. So that was an identified
` 24 limitation of the prior art.
` 25 Q. And what does this next slide show?
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`Petitioner Samsung Ex. 1013
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` 1 A. As a summary of their invention, the advantage
` 2 they describe is that the apparatus can display moving
` 3 images, maintaining a high quality, and appropriate
` 4 gradation signal which means basically the gray scale of
` 5 the panel. And then how to do that.
` 6 Q. So perhaps we could go to the patent itself
` 7 next, so, Mr. Roberts, can you pull up JX-2. Thank you.
` 8 Let's go to column 14, lines 52 to 58, please,
` 9 and enlarge that.
` 10 And what does this show, Mr. Credelle?
` 11 A. Just a moment. My camera is in the way.
` 12 Q. Can you see the screen?
` 13 A. Yeah, I can. Yeah, so it is basically saying
` 14 that a first step would be a non-light-emitting operation,
` 15 which sets the pixels into either a light-emitting or not
` 16 light-emitting operations state. So it's describing then
` 17 as part of the -- part of the method.
` 18 Q. And maybe we could go to column 16, line 26, Mr.
` 19 Roberts.
` 20 And maybe we could make sure we could highlight
` 21 the first sentence. And, Mr. Credelle, can you explain a
` 22 little bit more about how the patent taught to resolve some
` 23 of the problems in the prior art?
` 24 A. Yes, certainly. So the patent describes that
` 25 conceptually or actually there's different periods that
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`Petitioner Samsung Ex. 1013
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` 1 are -- that are identified, non-light-emitting period, and
` 2 they talk about a light-emitting period, so they're talking
` 3 about different time elements during a frame when certain
` 4 -- certain states or certain actions are taking place.
` 5 So they're saying there's a predetermined
` 6 demarcation, if you will, into these two periods. They
` 7 call them Tnem and I think Tem, for short.
` 8 Q. And maybe if we could go further in that
` 9 paragraph, maybe highlight the next two lines.
` 10 While we're doing that, Mr. Credelle, maybe you
` 11 could talk through some of the other --
` 12 A. Yes, yes. So -- so they're -- they're saying
` 13 with this demarcation and with the circuitry and -- and
` 14 methods described, that they can -- they can realize this
` 15 impulse-type display control without the limitations of the
` 16 prior art and maintain a high signal quality of the -- of
` 17 the gradation current written to the display, and that
` 18 allows for not only to have the reduced motion artifacts
` 19 but also improve the quality of the -- of the signal to the
` 20 display.
` 21 Q. Thank you.
` 22 And maybe if we could go back to the slide show
` 23 now, we will just jump back to slide 13.
` 24 MR. ROBERTS: Yes. You'll have to share your
` 25 screen again.
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`Petitioner Samsung Ex. 1013
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` 1 MR. MIRZAIE: Trying to get the cursor here.
` 2 Sorry, my cursor is acting up.
` 3 Okay. Can everyone see my screen now?
` 4 JUDGE ELLIOT: Yes.
` 5 MR. MIRZAIE: Okay. It seems to have frozen on
` 6 me. Apologies, Your Honor.
` 7 BY MR. MIRZAIE:
` 8 Q. Can you explain what is on this next slide,
` 9 Mr. Credelle?
` 10 A. The -- the patent goes on to -- to disclose
` 11 methods -- methods to drive the panel, and they've added a
` 12 system controller box, which controls the scanning drivers,
` 13 a new feature called a power source driver and a reverse
` 14 bias driver, all controlled by a system controller.
` 15 And it's really the orchestration of signals
` 16 going to these various parts of the pixel by these -- by
` 17 these blocks that allows for the improved performance while
` 18 maintaining low motion artifacts.
` 19 Q. And how did the -- the demarcation, as you put
` 20 it, between a specific non-light-emitting period and
` 21 actions taken within the non-light-emitting period and the
` 22 light-emitting period help improve on those issues?
` 23 A. By -- by creating a demarcation into two
` 24 periods, it allows certain operations or certain states to
`25 be achieved at -- at time frames that won't impact the
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` 1 quality of the display, but while still allowing for this
` 2 -- for the so-called impulse drive to work. And --
` 3 Q. Is an example of that shown on this next slide?
` 4 A. Yes. Figure 12 from the patent demarcates the
` 5 two light-emitting periods and non-light-emitting periods
` 6 that I mentioned. And during the non-light-emitting
` 7 period, several states are identified or operations. A
` 8 reverse bias setting, a writing period.
` 9 These are -- are actions or states that are
` 10 achieved in the non-light-emitting period. Then in the
` 11 light-emitting period, the -- the current flows to the OLED
` 12 and light -- light is emitted. That's a high-level
` 13 summary.
` 14 Q. And the state that you just mentioned a moment
` 15 ago, the reverse -- reverse bias state that you said is set
` 16 to happen within the predetermined non-light-emitting
` 17 period, can you explain that a little bit further?
` 18 A. Yes. And as -- as we'll discuss in more detail,
` 19 a state -- reverse bias setting is -- is important for
` 20 these OLED displays in that it's good to have the capacitor
` 21 that -- that holds the gradation data to be effectively
` 22 reset before new data is written. Otherwise, there can be
` 23 some kind of an after-image that can occur.
` 24 So that takes place before the writing
` 25 operation, all takes place in the non-light-emitting
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` 1 period, and after the writing operation is complete, now
` 2 there's new data on the capacitor that -- we saw the
` 3 circuits before, and the light can be displayed without
` 4 error. So by separating these -- these states between
` 5 light-emitting and non-light-emitting, a better display can
` 6 be achieved.
` 7 Q. Did all the prior art at the time have -- apply
` 8 a reverse bias period?
` 9 A. Certainly, it was not a common -- a common
` 10 approach. I can't say with certainty all of -- all of the
` 11 patents at this time, but this is -- the combination of
` 12 features and the way this is operated was -- was novel.
` 13 And that's, I suppose, why the patent was granted.
` 14 MR. MIRZAIE: So, Your Honor, now we'll -- we're
` 15 going to get into the Samsung circuit operation, as this
` 16 slide indicates. And we'll have to go off the public
` 17 record, I think.
` 18 JUDGE ELLIOT: All right. Let's see.
` 19 (Whereupon, the hearing proceeded in
` 20 confidential session.)
` 21
` 22
` 23
` 24
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` 1 C O N T E N T S
` 2
` 3 WITNESS DIRECT CROSS REDIRECT RECROSS STAFF
` 4 THOMAS 265 366 395 337
` 5 CREDELLE 401 402
` 6 THOMAS
` 7 CREDELLE 407
` 8
` 9 AFTERNOON SESSION: 395
` 10
` 11 CONFIDENTIAL SESSIONS
` 12 265 - 275
` 13 303 - 336
` 14 345 - 406
` 15 416 - end
` 16
` 17
` 18
` 19
` 20
` 21
` 22
` 23
` 24
` 25
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` 1 CERTIFICATE OF REPORTER
` 2 TITLE: CERTAIN ACTIVE MATRIX OLED DISPLAY DEVICES AND
` 3 COMPONENTS THEREOF
` 4 INVESTIGATION NO: 337-TA-1243
` 5 HEARING DATE: November 16, 2021
` 6 LOCATION: Washington, D.C. - Remote
`7 NATURE OF HEARING: Evidentiary Hearing
` 8 I hereby certify that the foregoing/attached
` transcript is a true, correct and complete record of the
` 9 above-referenced proceedings of the U.S. International
` Trade Commission.
` 10 Date: November 16, 2021
` 11 SIGNED:
` 12 Signature of the Contractor of the
` Authorized Contractor's Representative
` 13 1220 L Street, N.W., Suite 206
` Washington, D.C. 20005
` 1
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