UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TCT MOBILE (US), INC.; TCT MOBILE (US) HOLDINGS, INC.;
`HUIZHOU TCL MOBILE COMMUNICATION CO. LTD.; AND TCL
`COMMUNICATION, INC.,
`Petitioners
`
`v.
`
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner
`
`Case No. IPR2021-00599
`U.S. Patent No. 7,834,586
`
`PETITIONERS’ MOTION TO SUBMIT SUPPLEMENTAL
`INFORMATION UNDER 37 CFR § 42.123(a)
`
`

`

`Exhibit
`1001
`
`1002
`
`1003
`
`1004
`1005
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`1011
`1012
`
`1013
`1014
`
`1015
`
`1016
`
`1017
`1018
`
`PETITIONERS’ UPDATED EXHIBIT LIST
`
`Description
`U.S. Patent No. 7,834,586 to Fischer et al., “Multifunctional
`Charger System and Method,” filed Feb. 26, 2010 (the “’586
`Patent”)
`U.S. Patent File History of the ’586 Patent (the “’586 File
`History”)
`Declaration of Dr. Jacob Baker regarding U.S. Patent No.
`7,834,586 (“Baker”)
`Curriculum Vitae of Dr. Jacob Baker
`U.S. Patent No. 7,239,111 (“Fischer”)
`U.S. Provisional Application No. 60/273,021 (the “’021
`provisional”)
`U.S. Provisional Application No. 60/330,486 (the “’486
`provisional”)
`Universal Serial Bus Specification, Revision 1.1, September 23,
`1998 (“USB 1.1”)
`Universal Serial Bus Specification, Revision 2.0, April 27, 2000
`(“USB 2.0”)
`U.S. Patent No. 6,531,845 (“Kerai”)
`U.S. Patent No. 6,625,738 (“Shiga”)
`U.S. Patent Application Publication No. 2003/0135766
`(“Zyskowski”)
`U.S. Patent No. 6,625,790 (“Casebolt”)
`Cypress CY7C63722/23 CY7C63742/43 enCoRe™ USB
`Combination Low-Speed USB & PS/2 Peripheral Controller, by
`Cypress Semiconductor Corporation, published May 25, 2000
`(“Cypress enCoRe” or “Cypress Datasheet”)
`Japanese Patent Application No. 2000-165513A (“Morita”) with
`Certificate of Accuracy
`Amended Complaint, Fundamental Innovation Systems Int’l LLC
`v. TCT Mobile (US) Inc. et al., No. 1-20-cv-00552-CFC (D. Del.
`Sep. 11, 2020) (“Complaint”)
`U.S. Patent No. 6,668,296 (“Dougherty”)
`U.S. Patent No. 5,923,146 (“Martensson”)
`
`i
`
`

`

`Exhibit
`1019
`
`Description
`Japanese Patent Application No. 2000-165513A (“Morita”) with
`updated Certificate of Accuracy
`
`ii
`
`

`

`Appendix
`A
`B
`C
`
`Description
`
`9/24/2021 Email Thread
`9/23/2021 Email Thread to Board
`Kramer Declaration Regarding Certificates of Accuracy
`
`iii
`
`

`

`Petitioner respectfully moves to submit supplemental information under 37
`
`CFR § 42.123(a), namely, a supplemental certificate of accuracy for a prior art
`
`reference (“supplemental certification”). Ex. 1019.
`
`Along with its Petition, Petitioner submitted a “certificate of accuracy” for a
`
`translation of JP2000-165513A (the “Morita” prior art reference). IPR2021-00599,
`
`Ex. 1015, 11. That certificate is signed by Susannah Smith, noting that the
`
`translation is “a true, accurate, and complete translation into English.” Id. Further,
`
`Ms. Smith’s statement was “[s]worn to and signed before” a notary public. Id. This
`
`was the standard jurat for this translation company, which has been used in legal
`
`proceedings, including IPRs, without objection. Appendix C (Kramer Declaration).
`
`The Petition argued that all challenged claims are obvious over Morita and
`
`the knowledge of a POSITA. Paper 1 (Petition), 34-61. In its preliminary response,
`
`Patent Owner argued that the Board should not institute a trial because the
`
`translator’s certification does not include a “penalty of perjury” statement. Paper 7
`
`(POPR), 27. On August 27, 2021, the Board instituted a trial based on the Morita
`
`reference. Paper 8 (ID), 2, 9. After the institution decision, Patent Owner did not
`
`file evidentiary objections. Nonetheless, to avoid potential further disputes,
`
`Petitioner served on Patent Owner the supplemental certification (Ex. 1015) and
`
`asked Patent Owner whether it would agree to the filing of the supplemental
`
`certification or not to further raise objections. Appendix A, 9/24/2021 Email Thread.
`
`The supplemental certification, also signed by Ms. Smith, includes additional
`
`1
`
`

`

`statements consistent with 37 C.F.R. §1.68 and 28 U.S.C. §1746, including that she
`
`declares “under the penalty of perjury” that the translation is “true and accurate.”
`
`Ex. 1015. Patent Owner responded that it will “oppose” the motion because it does
`
`not “see what interest of justice your request serves.” Appendix A, 9/24/2021 Email
`
`Thread.
`
`Submission of the supplemental certification is proper under 37 C.F.R. §
`
`42.233(a). Specifically, “supplemental information may be submitted if the
`
`information is ‘relevant to a claim for which trial has been instituted’ and if the party
`
`seeking to submit it requests authorization ‘within one month of the date the trial is
`
`instituted.’” L'oreal Usa, Inc. v. Liqwd, Inc., PGR2017-00012, Paper 39, 3. First,
`
`the supplemental certification is relevant to all instituted claims, because it verifies
`
`the accuracy of Morita. Second, Petitioner timely sought authorization on
`
`September 22, 2021. Appendix B (email to Board).
`
`When evaluating whether to allow the submission of supplemental evidence
`
`under 37 C.F.R. § 42.233(a), the Board’s guiding principle is “to ensure the efficient
`
`administration of the Office and the ability of the Office to complete IPR
`
`proceedings in a timely manner,” which considers whether the supplemental
`
`information unfairly changes the evidence underlying the Petition’s grounds and
`
`whether it would prejudice Patent Owner. Yamaha Golf Car Co. v. Club Car, LLC,
`
`IPR2017-02141, Paper 40, 2-3 (citations and internal quotations omitted). Here, the
`
`supplemental certification (1) increases efficiency by obviating a potential dispute
`
`2
`
`

`

`about the technical formalities of the proper jurat for a translation certificate, (2)
`
`does not change the underlying evidence (Morita’s translation), and (3) does not
`
`prejudice Patent Owner for multiple reasons, including that the underlying ground
`
`is the same and it has the full trial period to dispute (if it actually does) the accuracy
`
`of the translation. The facts in this case closely resemble prior Board decisions
`
`allowing such supplementation. L'oreal Usa, Inc., Paper 39, 1-3 (allowing
`
`supplemental translation certification); Yamaha Golf Car Co. v. Club Car, LLC,
`
`IPR2017-02141, Paper 40, 1-5 (same); Normal Int’l, Inc. v. Andrew J. Toti
`
`Testamentary Trust, IPR2014-00283, Paper 29, 7-8 (same).
`
`Finally, the supplemental certification cannot be said to be prejudicial because
`
`even the original certification has a form of jurat that the Board routinely relies upon
`
`final written decisions. See, e.g., IPR2018-00523, Paper 19, 42 (Ex. 1007);
`
`IPR2015-01108, Paper 20, 19 (Ex. 1002). Even Quinn Emanuel, counsel for Patent
`
`Owner in the parallel district court litigation, used a translation certification with
`
`nearly identical language in support of an IPR that it filed on behalf of TCL entities
`
`related to Petitioners. IPR2017-02001, Paper 1 and Ex. 1019, 1. Patent Owner also
`
`does not apparently contest the accuracy of the translation. Thus, in fact, it is Patent
`
`Owner’s opposition that is thwarting “the efficient administration of the Office and
`
`the ability of the Office to complete IPR proceedings in a timely manner.”
`
`3
`
`

`

`Dated: September 27, 2021
`
`
`
`ORRICK, HERRINGTON & SUTCLIFFE
`LLP
`
`
`/Jeffrey Johnson/
`Jeffrey Johnson, Reg. No. 53,078
`Email: 3J6PTABDocket@orrick.com
`609 Main Street, 40th Floor
`Houston, TX 77002-3106
`
`Attorneys for Petitioners
`
`4
`
`

`

`CERTIFICATION OF SERVICE
`The undersigned certifies that on September 27, 2021, a copy of the
`
`foregoing was served in its entirety by filing through the Patent Trial and Appeal
`
`Board End to End System, as well as via electronic mail, upon the following
`
`attorneys of record for the Patent Owner:
`
`Hong Annita Zhong
`Jason Sheasby
`1800 Avenue of the Stars, Suite 900
`Los Angeles, California 90067
`
`hzhong@irell.com
`jsheasby@irell.com
`FundamentalIPRs@irell.com
`
`Attorneys for Patent Owner
`Fundamental Innovation Systems International LLC
`
` /Karen Johnson/
` Karen Johnson
`
`5
`
`

`

`APPENDIX A
`
`APPENDIX A
`
`

`

`From:
`Sent:
`To:
`Cc:
`
`Subject:
`
`Attachments:
`
`Zhong, Annita <HZhong@irell.com>
`Friday, September 24, 2021 2:19 PM
`Benson, Robert; Jason Sheasby; #FundamentalIPRs
`3J6PTABDocket; R75PTABDocket; PTABDocketJJL2; TCL-FISI_OHS; Johnson, Jeffrey; Lang,
`Jason; Johnson, Karen L.
`RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International
`LLC; IPR2021-00599; Updated Certificate of Accuracy (Ex. 1015)
`RE: IPR2021-00599 (TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems
`International LLC); Request for Authorization to File Supplement Information
`
`This message originated from outside your organization
`
`We do not see any good cause for TCT to file the information. Nor do we see what interest of justice your request
`serves. We will review your paper and responding accordingly in accordance with the Board’s schedule. Attaching the
`Board’s email again in case you did not receive it.
`
`H. Annita Zhong
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 203-7183
`Fax: (310) 556-5385
`
`From: Benson, Robert <rbenson@orrick.com>
`Sent: Friday, September 24, 2021 1:49 PM
`To: Zhong, Annita <HZhong@irell.com>; Sheasby, Jason <JSheasby@irell.com>; #FundamentalIPRs
`<FundamentalIPRs@irell.com>
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Lang,
`Jason <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Annita,
`
`As part of our meet and confer, can you please explain the basis on which Fundamental intends to oppose the
`underlying motion?
`
`Best regards,
`Robert
`
`From: Zhong, Annita <HZhong@irell.com>
`Sent: Wednesday, September 22, 2021 2:35 PM
`To: Benson, Robert <rbenson@orrick.com>; Jason Sheasby <JSheasby@irell.com>; #FundamentalIPRs
`<FundamentalIPRs@irell.com>
`
`1
`
`

`

`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Lang,
`Jason <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Fundamental does not oppose TCT’s request for authorization to file a motion to submit supplemental information if the
`request for authorization is submitted within one month of institution. 37 C.F.R. 42.123(a)(1). Fundamental, however,
`does oppose the underlying motion to submit supplemental information if the Board authorizes the filing of such a
`motion.
`
`H. Annita Zhong
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 203-7183
`Fax: (310) 556-5385
`
`From: Benson, Robert <rbenson@orrick.com>
`Sent: Wednesday, September 22, 2021 11:39 AM
`To: Zhong, Annita <HZhong@irell.com>; Sheasby, Jason <JSheasby@irell.com>; #FundamentalIPRs
`<FundamentalIPRs@irell.com>
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Lang,
`Jason <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Annita,
`
`In Patent Owner’s Preliminary Response, Patent Owner contended that the affidavit attesting to the accuracy
`of the translation of Morita did not adequately conform with the format required by, inter alia, 37 CFR §1.68 or
`28 USC §1746. Petitioner does not agree with Patent Owner’s position. However, to eliminate any further
`dispute regarding this issue and to avoid the need for the Board to unnecessarily address a non-substantive
`dispute, Petitioner seeks authorization to supplement the record with an updated affidavit attesting to the
`accuracy of the previously-filed translation of Morita. We provided you with the updated affidavit last
`Friday. Please let us know your position on this issue.
`
`In the alternative, if Patent Owner will commit to not objecting to the translation or the accompanying affidavit
`and to not raising this issue during the IPR proceeding, including trial, please let us know.
`
`Best regards,
`Robert
`On behalf of Jeffrey L. Johnson (lead attorney)
`
`From: Zhong, Annita <HZhong@irell.com>
`Sent: Wednesday, September 22, 2021 9:19 AM
`
`2
`
`

`

`To: Benson, Robert <rbenson@orrick.com>; Jason Sheasby <JSheasby@irell.com>; #FundamentalIPRs
`<FundamentalIPRs@irell.com>
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Lang,
`Jason <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`This message originated from outside your organization
`
`Please provide your justification for filing the supplemental information.
`
`H. Annita Zhong
`Irell & Manella LLP
`1800 Avenue of the Stars, Suite 900
`Los Angeles, CA 90067-4276
`Telephone: (310) 203-7183
`Fax: (310) 556-5385
`
`From: Benson, Robert <rbenson@orrick.com>
`Sent: Wednesday, September 22, 2021 9:17 AM
`To: Zhong, Annita <HZhong@irell.com>; Sheasby, Jason <JSheasby@irell.com>; #FundamentalIPRs
`<FundamentalIPRs@irell.com>
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Lang,
`Jason <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Counsel,
`
`We are following-up on our email below. Please let us know Patent Owner’s position before noon Pacific
`today, prior to us contacting the Board.
`
`Best regards,
`Robert
`On behalf of Jeffrey L. Johnson (lead attorney)
`
`From: Benson, Robert
`Sent: Tuesday, September 21, 2021 12:42 PM
`To: hzhong@irell.com; Jason Sheasby <JSheasby@irell.com>; FundamentalIPRs@irell.com
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>; Johnson, Jeffrey <jj@orrick.com>; Jason
`Jason Lang (jlang@orrick.com) <jlang@orrick.com>; Johnson, Karen L. <kjohnson@orrick.com>
`Subject: RE: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Counsel,
`
`3
`
`

`

`Pursuant to Rule 42.123(a), Petitioner intends to seek authorization to file a motion to submit supplemental
`information, namely, the updated jurat on Morita’s translation certification. This was served on you 9/17/2021
`(below). Please indicate whether Patent Owner opposes Petitioner’s request.
`
`Best regards,
`
`Robert Benson
`On behalf of Jeffrey L. Johnson (lead attorney)
`
`From: Johnson, Karen L. <kjohnson@orrick.com>
`Sent: Friday, September 17, 2021 4:56 PM
`To: hzhong@irell.com; Jason Sheasby <JSheasby@irell.com>; FundamentalIPRs@irell.com
`Cc: 3J6PTABDocket <3J6PTABDocket@orrick.com>; R75PTABDocket <R75PTABDocket@orrick.com>; PTABDocketJJL2
`<PTABDocketJJL2@orrick.com>; TCL-FISI_OHS <TCL-FISI_OHS@orrick.com>
`Subject: SERVICE: TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC; IPR2021-00599;
`Updated Certificate of Accuracy (Ex. 1015)
`
`Counsel,
`
`Please find attached an updated Certificate of Accuracy for the translation of JP-2000-165513A, Exhibit 1015
`to the Petition.
`
`Best regards,
`
`Karen L. Johnson
`On behalf of Jeffrey L. Johnson (lead attorney)
`
`Karen L. Johnson
`Executive Assistant to Robert J. Benson, Khai LeQuang, Don Daybell,
`Ric Fukushima, Aaron Rubin and Richard Krebs
`
`Orrick
`Orange County
`T +1-949-852-7753
`kjohnson@orrick.com
`
`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
`received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
`the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
`
`For more information about Orrick, please visit http://www.orrick.com.
`
`In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
`https://www.orrick.com/Privacy-Policy to learn about how we use this information.
`
`4
`
`

`

`PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information.
`Any distribution or use of this communication by anyone other than the intended recipient(s) is strictly prohibited and
`may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then
`delete it from your system. Thank you.
`
`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
`received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
`the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
`
`For more information about Orrick, please visit http://www.orrick.com.
`
`In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
`https://www.orrick.com/Privacy-Policy to learn about how we use this information.
`
`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
`received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
`the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
`
`For more information about Orrick, please visit http://www.orrick.com.
`
`In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
`https://www.orrick.com/Privacy-Policy to learn about how we use this information.
`
`5
`
`

`

`APPENDIX B
`
`APPENDIX B
`
`

`

`From:
`Sent:
`To:
`Cc:
`Subject:
`
`Trials <Trials@USPTO.GOV>
`Thursday, September 23, 2021 7:41 AM
`Lang, Jason; Trials
`Jason Sheasby; #FundamentalIPRs; Zhong, Annita; Benson, Robert; Johnson, Jeffrey
`RE: IPR2021-00599 (TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems
`International LLC); Request for Authorization to File Supplement Information
`
`Counsel: Petitioner may file a motion to submit supplemental information as set forth in the September 22, 2021 email
`to the Board, not to exceed three pages, no later than September 27, 2021. Patent Owner may file an opposition to the
`motion, also not to exceed three pages, no later than October 4, 2021. No further briefing is authorized.
`
`Thank you,
`
`Maria King
`Deputy Chief Clerk for Trials
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`703-756-1288
`
`From: Lang, Jason <jlang@orrick.com>
`Sent: Wednesday, September 22, 2021 9:04 PM
`To: Trials <Trials@USPTO.GOV>
`Cc: Jason Sheasby <JSheasby@irell.com>; FundamentalIPRs@irell.com; HZhong@irell.com; Benson, Robert
`<rbenson@orrick.com>; Johnson, Jeffrey <jj@orrick.com>
`Subject: IPR2021-00599 (TCT Mobile (US) Inc. et al v. Fundamental Innovation Systems International LLC); Request for
`Authorization to File Supplement Information
`
`CAUTION: This email has originated from a source outside of USPTO. PLEASE CONSIDER THE SOURCE before responding, clicking on
`links, or opening attachments.
`
`Your Honors,
`
`Petitioner respectfully seeks authorization to file a motion to submit supplemental information pursuant to Rule
`42.123(a) by September 27, 2021. For context, the Petition relies on a translation of a prior art reference. The
`translation includes a certification of accuracy from the translator. In the preliminary response, Patent Owner
`argued that the Board should not institute a trial because the translator’s certification does not include a
`statement regarding that the certification is under the penalty of perjury. Paper 7, POPR, 27. The Board
`instituted a trial. Nevertheless, to avoid any further disputes in regard to this matter, and to avoid needlessly
`exhausting the Board’s resources on such a dispute, Petitioner seeks to file the translator’s certification with a
`jurat that includes the “penalty of perjury” statement.
`
`1
`
`

`

`Patent Owner has indicated that they do not oppose Petitioner’s request for authorization to file a motion to
`submit supplemental information by September 27, 2021, but that Patent Owner opposes the underlying
`motion to supplement.
`
`Respectfully,
`J. Jason Lang
`Counsel for Petitioner TCT Mobile
`
`J. Jason Lang
`Partner
`
`Orrick
`Silicon Valley
`T 650-614-7427
`M 415-601-3949
`jlang@orrick.com
`
`NOTICE TO RECIPIENT | This e-mail is meant for only the intended recipient of the transmission, and may be a communication privileged by law. If you
`received this e-mail in error, any review, use, dissemination, distribution, or copying of this e-mail is strictly prohibited. Please notify us immediately of
`the error by return e-mail and please delete this message from your system. Thank you in advance for your cooperation.
`
`For more information about Orrick, please visit http://www.orrick.com.
`
`In the course of our business relationship, we may collect, store and transfer information about you. Please see our privacy policy at
`https://www.orrick.com/Privacy-Policy to learn about how we use this information.
`
`2
`
`

`

`APPENDIX C
`
`APPENDIX C
`
`

`

`Declaration in Support of Petition for IPR of U.S. Patent No. 7,834,586
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`TCT MOBILE (US), INC.; TCT MOBILE (US) HOLDINGS, INC.; HUIZHOU
`TCL MOBILE COMMUNICATION CO. LTD.; AND TCL COMMUNICATION,
`INC.
`Petitioners
`v.
`
`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner
`
`
`
`CASE: IPR2021-00599
`U.S. Patent No. 7,834,586
`
`
`
`DECLARATION OF MATTHEW KRAMER
`REGARDING CERTIFICATES OF ACCURACY FOR
`TRANSLATIONS OF FOREIGN DOCUMENTS
`
`
`
`
`
`
`
`
`
`
`Page 1 of 3
`
`
`

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`Declaration in Support of Petition for IPR of U.S. Patent No. 7,834,586
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`1. My name is Matthew Kramer and I am a Managing Director/Partner
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`at Consortra Translations.
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`2.
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`The language used in the certificate of accuracy for the translation of
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`Japanese Patent Application No. 2000-165513A, which was submitted with the
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`original filing of the petition in IPR2021-00599 as Exhibit 1015, is the language
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`we customarily use in certificates of accuracy for our translations, which I
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`understand are being used by counsel in proceedings before U.S. District Courts,
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`the Patent Trial and Appeals Board, and other adjudicatory bodies.
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`3.
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`Attached are two examples of virtually identical certificates from
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`Consortra that accompanied translations filed in two other IPR proceedings. It is
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`my understanding that no objections were made to these translations or certificates.
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`4.
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`I declare that all statements made herein of my own knowledge are
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`true and that all statements made on information and belief are believed to be true,
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`and further, that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code. I further declare under
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`Page 2 of 3
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`Declaration in Support of Petition for IPR of U.S. Patent No. 7,834,586
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`penalty of perjury that the foregoing is true and correct.
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`By:
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`Matthew Kramer
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`For and on behalf of Consortra
`Translations
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`Dated: _______9/25/2021_______________
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`Page 3 of 3
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`(19) Japan Patent Office (JP)
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`(12) Unexamined Patent Application Publication (A)
`(11) Patent Application Publication No.
`JP 2001-358080
`(P2001-358080A)
`(43) Publication Date: 2001.12.26
`Theme Code (Reference)
`4K030
`5F045
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`FI
`H01L
`C23C
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`21/205
`16/455
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`(51) Int. Cl.7
`H01L
`21/205
`C23C
`16/455
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`Identification Code
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`(8 Pages Total)
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`(21) Filing No.
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`JP 2000-180739
` (P2000-180739
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`(22) Filing Date June 12, 2006
` (2000.6.12)
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`(71) Applicant
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`(72) Inventor
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`(74) Agent
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`Examination Request: Not Made No. of Claims: 5 OL
`(71) Applicant
`000005108
`Hitachi Ltd.
`4-6 Kanda Suruga-dai, Chiyoda-ku,
`Tokyo
`000001122
`Hitachi Kokusai Electric Inc.
`3-14-20 Higashi Nakano, Nakano-
`ku, Tokyo
`Akihiro Miyauchi
`c/o Hitachi Ltd. Hitachi Research
`Laboratory
`7-1-1 Ōmika-chō, Hitachi-shi,
`Ibaraki-ken
`100068504
`Katsuo Ogawa, Patent Attorney
`(and One Other)
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`Continued on Last Page
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`FIG. 1
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`(54) [Title] Vertical CVD Apparatus
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`(57) [Abstract]
`[Problem] To provide a vertical CVD apparatus whereby
`an even film-thickness distribution and resistivity
`distribution can be obtained for a treatment target
`(wafer) even if a plurality of types of gases of different
`pyrolytic temperatures is used.
`[Solution] In a vertical CVD apparatus, a plurality of
`treatment targets 101 is stacked at intervals in a reactor
`106. Outside the reactor, a heater 110 is disposed, this
`being disposed to surround an upper face and an outer
`peripheral face of the reactor 106. As gas supply pipes
`for supplying raw-material gases of different pyrolytic
`temperatures into the reactor, a first gas supply pipe 105
`has a discharge port positioned in a lower portion of the
`reactor and a second gas supply pipe 401 is configured
`by a double pipe provided with an inner pipe 402
`disposed with a plurality of gas emission holes 405 and
`an outer pipe 403 wherethrough a cooling gas passes.
`The second gas supply pipe 401 is introduced to an
`upper portion in the reactor from the lower portion of
`the reactor, and the cooling gas that passes through the
`outer pipe 403 is made to be exhausted through the
`lower portion of the reactor.
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`Kokusai Electric Corp. Ex. 1025-0001
`Kokusai Electric Corp. v. ASM IP Holding B.V.
`IPR2018-01151 - U.S. Patent No. 7,537,662
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`

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`(2)
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`[Claims]
`[Claim 1] A vertical CVD apparatus, comprising: a treatment-
`target support mechanism that stacks a plurality of treatment
`targets at intervals; a vertically disposed reactor that stores the
`treatment-target support mechanism; a heater that is disposed
`to surround an upper face and an outer peripheral face of the
`reactor; and first and second gas supply pipes that supply a
`raw-material gas into the reactor; wherein
`the first gas supply pipe has a discharge port positioned in a
`lower portion of the reactor, and
`the second gas supply pipe is configured by a double pipe
`provided with an inner pipe disposed with a plurality of gas
`emission holes and an outer pipe wherethrough a cooling gas
`passes, is introduced to an upper portion in the reactor from
`the lower portion of the reactor so the gas emission holes are
`positioned beside the treatment-target support mechanism, and
`has a gas exhausting means of exhausting the cooling gas that
`passes through the outer pipe through the lower portion of the
`reactor.
`[Claim 2] The vertical CVD apparatus of claim 1, wherein the
`inner pipe in the second gas supply pipe has a sealed tip, the
`outer pipe has a tip open inside the reactor, and the cooling gas
`is made to be released into the reactor from this opening and
`afterward be exhausted from an exhaust port provided in the
`lower portion of the reactor.
`[Claim 3] The vertical CVD apparatus of claim 1, wherein the
`inner pipe in the second gas supply pipe has a sealed tip, the
`outer pipe extends past the inner pipe, and this extended pipe
`changes directions to a downward direction inside the reactor
`to pass through the lower portion of the reactor and be pulled
`out to outside the reactor.
`[Claim 4] The vertical CVD apparatus of claim 1, wherein the
`inner pipe in the second gas supply pipe has a sealed tip, the
`outer pipe extends past the inner pipe, this extended pipe is
`connected to a vacuum pump through an exhaust pipe, and the
`exhaust pipe is disposed with a suction hole for suctioning a
`gas inside the reactor.
`[Claim 5] The vertical CVD apparatus of any one of claims 1
`to 4, wherein the treatment targets are semiconductor wafers
`and an interval between the gas emission holes provided in the
`inner pipe of the second gas supply pipe and the
`semiconductor wafers or a support that fixes the
`semiconductor wafers is set to be greater than a value where 5
`mm is added to eighty-eight times a gas emission speed
`(millimeters per second) of one gas emission hole and less
`than a value where 18 mm is added to 360 times the gas
`emission speed (millimeters per second) from the gas emission
`hole.
`[Detailed Description of Invention]
`[0001]
`[Field of Art Related to Invention] The present invention
`relates to a vertical CVD apparatus used in, for example, an
`LSI manufacturing process.
`[0002]
`[Background Art] Among CVD apparatuses used for
`deposition on a semiconductor or the like are vertical
`apparatuses and horizontal apparatuses. Vertical CVD
`apparatuses dispose a reactor (reaction chamber) vertically and
`have an advantage of being able to decrease a reactor
`disposition space compared to horizontal apparatuses, which
`dispose the reactor horizontally.
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`JP 2001-358080
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`[0003] Vertical CVD apparatuses stack a large number of
`deposition treatment targets at predetermined intervals in a
`stacking apparatus, store these semiconductor wafers in the
`reactor, and introduce reaction gases for deposition, doping,
`and the like into the reactor. Various methods are proposed for
`introducing the reaction gases.
`[0004] A method of introducing the reaction gases into the
`reactor of introducing the reaction gases from a space with a
`comparatively low temperature in a lower portion of the
`reactor and also introducing the gases from another gas supply
`pipe inserted into the reactor is disclosed in, for example, JP
`H4-184923 A. Similar apparatus configurations are disclosed
`in JP H4-236422 A, JP H4-326512 A, and the like.
`[0005] Other prior art relating to a gas introduction method
`include, for example, as disclosed in JP H6-163418 A, a
`method in a horizontal CVD apparatus of adopting a double
`structure for a gas supply pipe and flowing a raw-material gas
`in an inner pipe and flowing a cooling gas in an outer pipe to
`introduce the raw-material gas into a reaction chamber while
`suppressing pyrolysis of the gas flowing in the inner pipe.
`[0006]
`[Problem to be solved by Invention] A deposition treatment
`needs to be performed in a state where an interior of a reactor
`is heated evenly. Moreover, heating the interior of the reactor
`needs to be performed efficiently. In a vertical CVD
`apparatus, an upper face and an outer peripheral face of the
`reactor are covered by a heater.
`[0007] In a situation of introducing a plurality of types of
`gases into the reactor, a plurality of gas supply pipes is used.
`However, in a situation of attempting to lead a dopant gas or
`the like to a vicinity of a treatment target using, among these
`pipes, a gas supply pipe inserted into the reactor, because the
`gas supply pipe is disposed in the reactor, depending on the
`gas type, the gas may undergo pyrolysis while being
`transported in the gas supply pipe. To solve such a problem, it
`is effective to adopt a double structure (method of flowing a
`cooling gas in an outer pipe) such as above. However, to apply
`this to a vertical CVD apparatus requires a structure specific to
`vertical CVD to be taken into consideration.
`[0008] Furthermore, semiconductor wafers, the treatment
`