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`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________________
`
`ADVANCED ENERGY INDUSTRIES INC.,
`
`PETITIONER
`
`V.
`
`RENO TECHNOLOGIES INC.,
`
`PATENT OWNER.
`
`____________________________________
`
`Case IPR2021-01397
`
`Patent 10,707,057
`
`_____________________________________
`
`- - -
`
`August 12, 2022
`
`- - -
`
`Oral deposition of IMRAN AHMED
`
` BHUTTA, Ph.D., taken via Zoom, beginning at
`
` 10:05 a.m., before Paulette B. Cox, a Notary
`
` Public in and for the State of New Jersey.
`
`Veritext Legal Solutions
`346-293-7000
`
`Page 1
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________________
`
`ADVANCED ENERGY INDUSTRIES INC.,
`
`PETITIONER
`
`V.
`
`RENO TECHNOLOGIES INC.,
`
`PATENT OWNER.
`
`____________________________________
`
`Case IPR2021-01397
`
`Patent 10,707,057
`
`_____________________________________
`
`- - -
`
`August 12, 2022
`
`- - -
`
`Oral deposition of IMRAN AHMED
`
` BHUTTA, Ph.D., taken via Zoom, beginning at
`
` 10:05 a.m., before Paulette B. Cox, a Notary
`
` Public in and for the State of New Jersey.
`
`Veritext Legal Solutions
`346-293-7000
`
`Page 1
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` A P P E A R A N C E S :
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` P O L S I N E L L I , P C
` B Y : J A M E S P . M U R P H Y , E S Q .
` 1 0 0 0 L o u i s i a n a S t r e e t
` S u i t e 6 4 0 0
` H o u s t o n , T X 7 7 0 0 2
` 7 1 7 - 3 7 4 - 1 6 0 0
` j p m u r p h y @ p o l s i n e l l i . c o m
` R e p r e s e n t i n g t h e P e t i t i o n e r
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` B A K E R & H O S T E T L E R , L L P
` B Y : J E F F R E Y W . L E S O V I T Z , E S Q .
` 1 7 3 5 M a r k e t S t r e e t
` S u i t e 3 3 0 0
` P h i l a d e l p h i a , P A 1 9 1 0 3
` 2 1 5 - 5 6 4 - 2 4 0 6
` j l e s o v i t z @ b a k e r l a w . c o m
` R e p r e s e n t i n g t h e R e s p o n d e n t
`
` T H E B E L L E S G R O U P , P C
` B Y : J O S E P H M I L L E R , E S Q .
` 1 8 0 0 J o h n F . K e n n e d y B o u l e v a r d
` S u i t e 1 0 1 0
` P h i l a d e l p h i a , P A 1 9 1 0 3
` j o s e p h . m i l l e r @ t h e b e l l e s g r o u p . c o m
` R e p r e s e n t i n g t h e R e s p o n d e n t
` L A W O F F I C E S O F A L A N N . W A L T E R
` B Y : A L A N N . W A L T E R , E S Q .
` 3 2 S . M o u n t a i n A v e n u e
` M o n t c l a i r , N J 0 7 0 4 2
` 9 7 3 - 9 3 7 - 8 6 3 6
` R e p r e s e n t i n g t h e R e s p o n d e n t
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`Veritext Legal Solutions
`346-293-7000
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`Page 2
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` I N D E X
`
` - - -
`
` Testimony of: Imran Ahmed Bhutta, Ph.D.
`
` By Mr. Murphy 5, 92
`
` By Mr. Lesovitz 88, 95
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` - - -
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` E X H I B I T S R F R N C' D
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` - - -
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` EXHIBIT NUMBER DESCRIPTION Page RFRNC'D
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` Reno 2012 Declaration with PDF 10
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` 102- ABDeclaration -
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` confidential 13
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`346-293-7000
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`Page 3
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` D E P O S I T I O N S U P P O R T I N D E X
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` D I R E C T I O N T O W I T N E S S N O T T O A N S W E R
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` P a g e L i n e
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` 6 9 5
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` R E Q U E S T F O R P R O D U C T I O N O F D O C U M E N T S
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` P a g e L i n e D e s c r i p t i o n
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` N o n e
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` S T I P U L A T I O N S
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` P a g e L i n e
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` N o n e
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` Q U E S T I O N S M A R K E D
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` P a g e L i n e
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` N o n e
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`Veritext Legal Solutions
`346-293-7000
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`Page 4
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` THE COURT REPORTER: The
`
` attorneys participating in this
`
` deposition acknowledge that I am not
`
` physically present in the deposition
`
` room, and that I will reporting this
`
` deposition remotely.
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` They further acknowledge that in
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` lieu of an oath administered in person, I
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` will administer the oath remotely.
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` If any party does have an
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` objection to this manner of reporting,
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` please state so now.
`
` (No response.)
`
` THE COURT REPORTER: Hearing
`
` none, we can proceed.
`
` IMRAN AHMED BHUTTA, Ph.D., after
`
` having been first duly sworn, was
`
` examined and testified as follows:
`
` - - -
`
` CROSS-EXAMINATION
`
` - - -
`
` BY MR. MURPHY:
`
` Q. Good morning, Dr. Bhutta. I
`
` want to make sure I'm pronouncing that right;
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`346-293-7000
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`Page 5
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` is that correct?
`
` A. That is correct, yes.
`
` Q. Okay. So we're here for the
`
` Declaration you submitted IPR2021-01397; does
`
` that sound familiar to you?
`
` A. Yes.
`
` Q. Okay. And that relates to the
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` U.S. Patent No. 10707057; does that Patent No.
`
` sound familiar to you?
`
` A. Yes.
`
` Q. And you are a coinventor of that
`
` Patent, correct?
`
` A. Yes.
`
` Q. And if I refer to that as the
`
` '057 Patent today; is that okay?
`
` A. Yes.
`
` Q. Now, have you ever had your
`
` deposition taken before, Dr. Bhutta?
`
` A. No.
`
` Q. So just sort of briefly then,
`
` process here is, I'll be asking you questions,
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` and you answer the questions as best as you
`
` can. Your attorney might object, but unless he
`
` instructs you otherwise, still answer the
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`346-293-7000
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`Page 6
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` question after his objection, okay?
`
` A. Okay.
`
` Q. And the answers that you give
`
` today are under oath, just as they would be
`
` before a judge; do you understand that?
`
` A. Yes.
`
` Q. And if you don't understand any
`
` of my questions, please, you know, let me know.
`
` I'll try to rephrase or clarify as best as I
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` can, okay?
`
` A. Okay.
`
` Q. And lastly, is there any health
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` or medical reason that you may not be able to
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` provide full and truthful answers to the
`
` questions today?
`
` A. Not that I know of.
`
` Q. Any health or medical reasons
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` why you may not be able to complete the
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` deposition today?
`
` A. Not that I know of.
`
` Q. Did you review any documents to
`
` prepare for the deposition today?
`
` MR. LESOVITZ: I'm going to
`
` object as privileged, and instruct the
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`346-293-7000
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`Page 7
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` witness, you can answer either yes or no,
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` but I'm going to warn you not to disclose
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` the identity or contents of the documents
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` that you may have looked at, so you can
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` answer, yes or no.
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` THE WITNESS: Yes.
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` BY MR. MURPHY:
`
` Q. Did you review your Declaration
`
` in preparing for today's deposition?
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` MR. LESOVITZ: Same objection.
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` You can answer, yes or no.
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` THE WITNESS: Yes.
`
` BY MR. MURPHY:
`
` Q. Did you review all the
`
` attachments to your Declaration in preparing
`
` for today's deposition?
`
` MR. LESOVITZ: Same objection.
`
` You can answer, yes or no.
`
` THE WITNESS: Yes.
`
` BY MR. MURPHY:
`
` Q. And did you meet any individuals
`
` to help prepare yourself for today's
`
` deposition?
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` A. Yes.
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`346-293-7000
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`Page 8
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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` Q. And can you provide the names of
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` those individuals to me?
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` A. My attorney.
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` Q. And by your attorney, do you
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` mean Mr. Lesovitz?
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` A. Yes.
`
` Q. Did you also meet with Joe
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` Miller?
`
` A. Yes.
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` Q. And did you also meet with Alan
`
` Walter?
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` A. Yes.
`
` Q. And, approximately, how long did
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` you meet with those three individuals, in
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` preparing for your deposition today?
`
` A. I don't know exactly, could be
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` an hour or so, couple of hours.
`
` Q. And other than the time you
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` spent meeting with those individuals, how long,
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` approximately, do you believe you spent
`
` preparing for today's deposition?
`
` A. Probably another hour or more.
`
` Q. So why don't we take a look at
`
` your Declaration? You have access to the
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`346-293-7000
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`Page 9
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` Exhibit Share feature, Dr. Bhutta?
`
` A. Yes, I do.
`
` Q. Okay. If you can go there,
`
` there should be only one exhibit available,
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` which would be a copy of your Declaration. If
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` you could open that.
`
` A. Uh-huh.
`
` Q. Just to make sure we have the
`
` right document, at the bottom of the document
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` you're looking at, does it say Reno Exhibit
`
` 2012?
`
` A. Yes, it does.
`
` Q. And then, if you go to Page No.
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` 22 of that document, there should be a
`
` signature. And is that your signature?
`
` A. Yes.
`
` Q. And when you signed your
`
` Declaration, you agreed under penalty of
`
` perjury, all those statements in your
`
` Declaration were true to the best of your
`
` knowledge; is that right?
`
` A. Yes.
`
` Q. And when you reviewed your
`
` Declaration to prepare for today's deposition,
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`Page 10
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`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` do you still agree that all the statements that
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` you made were true to the best of your
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` knowledge?
`
` A. Yes.
`
` Q. Did you notice any errors or
`
` omissions while you were reviewing your
`
` Declaration?
`
` A. Yes, I did.
`
` Q. And what were the errors that
`
` you noticed?
`
` A. In Paragraph No. 22 it reads:
`
` "In other words, my invention was a direct
`
` match unlike the prior art trial-and-error
`
` method of determining capacitance." It should
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` have said, "prior art and error method of
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` altering capacitance positions." And then
`
` further on, for the variable elements -- as it
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` continues -- "for the variable elements, that
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` is, it computed the best matched position,"
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` should have read, "best match value." And
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` then, "commanded the control system to change
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` the capacitors to that," reads, "to that
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` position," should have said, "value."
`
` Q. Now, that's a substantive
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`Page 11
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`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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` difference than what your Declaration states,
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` Dr. Bhutta. Why were you not able to catch
`
` that error when preparing your Declaration?
`
` MR. LESOVITZ: Objection to
`
` form.
`
` THE WITNESS: I don't know.
`
` There is another error. In
`
` Paragraph No. 31. Line No. 7 of
`
` Paragraph No. 31 reads,
`
`
`
`
`
`
`
`
`
`
`
`g
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`
`
` THE COURT REPORTER: (The court
`
` reporter ask the witness to repeat the
`
` answer.)
`
` THE WITNESS:
`
`
`
`
`
`
`
`
`
`
`
`
`
`h
`
`g
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`Page 12
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`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` BY MR. MURPHY:
`
` Q. Are those all the errors, Dr.
`
` Bhutta?
`
` A. Yes.
`
` Q. And when you replied to your
`
` answer, did you look at a document on your
`
` desk?
`
` A. Yes.
`
` Q. What document did you look at?
`
` A. Same document that I'm looking
`
` at. It is my Declaration.
`
` Q. Okay. So you have a paper copy
`
` of your Declaration in front of you?
`
` A. Yes.
`
` Q. Do you have any notes on that
`
` document?
`
` A. Just those two strikes,
`
` corrections.
`
` Q. Okay. Dr. Bhutta, can you
`
` provide that document to the court reporter? I
`
` think we need to enter it as a new exhibit
`
` here.
`
` A. Sure.
`
` Q. Are you able to scan it in and
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`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` e-mail it?
`
` A. I can. After this deposition
`
` or --
`
` Q. Yeah, during a break, probably.
`
` MR. LESOVITZ: I'll just note an
`
` objection to that on the record, James.
`
` MR. MURPHY: Okay.
`
` MR. LESOVITZ: I don't think the
`
` witness is required to do that.
`
` THE WITNESS: Okay.
`
` BY MR. MURPHY:
`
` Q. Do you have any other documents
`
` in front of you, Dr. Bhutta?
`
` A. No.
`
` Q. Did you prepare the initial
`
` draft of your Declaration, or was it provided
`
` to you?
`
` MR. LESOVITZ: Objection to
`
` form. You can answer that. I'm going to
`
` object as privilege as well.
`
` Imran, you can object (sic) to
`
` that as yes or no, to the extent that you
`
` remember.
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` THE WITNESS: Can you repeat the
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`ADVANCED ENERGY INDUSTRIES INC.
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`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` question?
`
` BY MR. MURPHY:
`
` Q. Yeah, let me just rephrase it
`
` for you, Dr. Bhutta. Did you prepare the
`
` initial draft of the Declaration yourself?
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` MR. LESOVITZ: Same objection.
`
` THE WITNESS: I don't remember.
`
` BY MR. MURPHY:
`
` Q. You don't remember if you
`
` prepared the initial draft of the Declaration
`
` yourself?
`
` MR. LESOVITZ: Objection, asked
`
` and answered.
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` THE WITNESS: Yes.
`
` BY MR. MURPHY:
`
` Q. Dr. Bhutta, you started working
`
` with Reno Sub-Systems in January of 2013; is
`
` that right?
`
` A. In 2013, yes.
`
` Q. And you continued your
`
` employment there until Reno Sub-Systems was
`
` acquired by ASM in March of 2022; is that
`
` right?
`
` A. Yes.
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` Q. Are you still employed by Reno
`
` Sub-Systems?
`
` A. No.
`
` Q. Does Reno Sub-Systems still
`
` exist as a legal entity, to the best of your
`
` knowledge?
`
` A. I don't know.
`
` Q. And you held the title of chief
`
` technology officer during your entire career at
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` Reno Sub-Systems, right?
`
` A. Yes.
`
` Q. And what were your job
`
` responsibilities as the chief technology
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` officer?
`
` A. My responsibility was to guide
`
` the company in the technical field.
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` Q. Were you responsible for any
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` financial operations of Reno Sub-Systems?
`
` A. I was not involved in financial.
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` Q. Were you involved in any sales
`
` operations at Reno Sub-Systems?
`
` A. I was not in the
`
` sales/marketing.
`
` Q. Now, you managed the research
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` and development for Reno Sub-Systems though,
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` right?
`
` A. Yes.
`
` Q. And do you recall what the
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` annual budget for research and development was
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` in 2021 at Reno?
`
` A. I don't.
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` Q. Are you able to give an
`
` approximate, estimate of what the research and
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` development budget was at Reno in 2021?
`
` A. I don't recall right now.
`
` Q. Do you recall what the annual
`
` research and development budget was at Reno for
`
` any year between 2016 and 2021?
`
` A. No.
`
` Q. And were you one of the founders
`
` of Reno Sub-Systems, Dr. Bhutta?
`
` A. Yes.
`
` .
`
`
`
`
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`?
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` .
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`.
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`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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`
`
`
`
` Q. And how is Reno Sub-Systems
`
` related to Reno Technologies, to the best of
`
` your knowledge?
`
` MR. LESOVITZ: Objection, vague,
`
` calls for speculation.
`
` THE WITNESS: I don't know.
`
` BY MR. MURPHY:
`
` Q. If you take a look at Paragraph
`
` No. 6 of your Declaration. I believe there you
`
` state that Reno Sub-Systems Inc. is the parent
`
` of Reno Technologies, Inc.; is that a correct
`
` statement?
`
` A. Yes.
`
` Q. So does that help remind you how
`
` Reno Sub-Systems, Inc. is related to Reno
`
` Technologies, Inc.?
`
` A. Yes.
`
` Q. Does Reno Sub-Systems, Inc. own
`
` a hundred percent of Reno Technologies, Inc.
`
` MR. LESOVITZ: Same objection.
`
` THE WITNESS: I don't know.
`
` BY MR. MURPHY:
`
` Q. Did you have any equity interest
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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` in Reno Technologies, Inc. between 2016 and
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` 2021?
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` A.
`
` Q. Now, were you ever employed by
`
` Reno Technologies, Inc. between 2016 and 2021?
`
` MR. LESOVITZ: Objection.
`
` THE WITNESS: No.
`
` BY MR. MURPHY:
`
` Q. And you're currently employed by
`
` ASM America, Inc.; is that right, Dr. Bhutta?
`
` A. Yes.
`
` Q. And do you have an equity
`
` interest in ASM America, Inc.?
`
` A. I don't know.
`
` Q. Do you receive some form of
`
` salary from ASM America, Inc.?
`
` A. Yes.
`
` Q. And is that salary your
`
` principal source of income?
`
` A. Yes.
`
` Q. Did you get paid a salary while
`
` you worked at Reno Sub-Systems, Inc.?
`
` A. Yes.
`
` Q. And was the salary you received
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` from Reno Sub-Systems, Inc. your primary source
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` of income during your, time you were employed
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` there?
`
` A. Yes.
`
` Q. Doctor, if you could turn to
`
` Page No. 2 of your Declaration, and the heading
`
` for Section No. 2, you used the phrase,
`
` Matching Networks Before My Invention; do you
`
` see that?
`
` A. Yes.
`
` Q. What do you mean by, "my
`
` invention" there?
`
` A. The invention disclosed in '057
`
` Patent.
`
` Q. And you use "my invention"
`
` throughout your Declaration. Are you always
`
` referring to the '057 Patent when you use that
`
` phrase?
`
` MR. LESOVITZ: Objection to
`
` form. Calls for speculation.
`
` THE WITNESS: I don't recall.
`
` BY MR. MURPHY:
`
` Q. Do you recall when you first
`
` conceived of your invention, Dr. Bhutta?
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`Exhibit 1028
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`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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` MR. LESOVITZ: Objection, calls
`
` for a legal conclusion.
`
` THE WITNESS: General timeframe?
`
` Yes.
`
` BY MR. MURPHY:
`
` Q. And, generally, what was that
`
` timeframe?
`
` MR. LESOVITZ: Same objection.
`
` THE WITNESS: It's spread over,
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` you know, a period from before 2011
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` through 2013/2014.
`
` BY MR. MURPHY:
`
` Q. And during that time period you
`
` mentioned, were you trying to develop
`
` prototypes of your invention?
`
` A. Yes.
`
` Q. And did you succeed in creating
`
` any prototypes during that time period?
`
` A. Yes. With certain lack of
`
` functionality, yes.
`
` Q. Dr. Bhutta, in your Declaration
`
` you refer to an electronic variable capacitor
`
` and EVC, is it okay if I use the same
`
` terminology?
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`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` A. Yes.
`
` Q. EVCs were known prior to your
`
` invention, correct?
`
` MR. LESOVITZ: Objection to
`
` form.
`
` THE WITNESS: I don't know.
`
` BY MR. MURPHY:
`
` Q. Dr. Bhutta, what is your
`
` understanding of what an EVC is?
`
` A. It's a radio capacitor that is
`
` controlled in an electronic manner.
`
` Q. And you're not aware if those
`
` were around prior to your invention?
`
` A. I don't know.
`
` Q. You were working in the field of
`
` RF matching networks prior to your invention,
`
` correct?
`
` A. I worked in the RF field, which
`
` included generators and matching networks.
`
` Q. So to the best of your
`
` knowledge, you don't know if EVCs were around
`
` prior to your invention; is that right?
`
` MR. LESOVITZ: Objection to
`
` form.
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`Exhibit 1028
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`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` THE WITNESS: Yes, I don't know.
`
` BY MR. MURPHY:
`
` Q. So prior to your inventions,
`
` were people in the industry skeptical of using
`
` EVCs in matching networks?
`
` A. Yes.
`
` Q. Now, how could they be skeptical
`
` if they do not know EVCs existed, Dr. Bhutta?
`
` A. There were people that tried
`
` variable capacitors with discrete electronic
`
` switches, that, so people were somewhat
`
` familiar with the technology.
`
` Q. So was your prior statement
`
` incorrect then, about the knowledge of EVCs
`
` prior to your invention?
`
` A. So yes, EVCs are a variable
`
` capacitor. People had tried to develop
`
` variable capacitors that could be controlled
`
` electronically, yes.
`
` Q. So you would agree that EVCs
`
` were known prior to your invention, correct?
`
` A. Yes.
`
` Q. ... industry use EVCs and RF
`
` matching network prior to your invention?
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` MR. LESOVITZ: Before you answer
`
` that, James, you broke up a little bit in
`
` the beginning of your question. I didn't
`
` quite catch it.
`
` MR. MURPHY: Okay. Let me ask
`
` it again.
`
` BY MR. MURPHY:
`
` Q. Dr. Bhutta, were EVCs used in RF
`
` matching networks, prior to your invention?
`
` MR. LESOVITZ: Objection to
`
` form.
`
` THE WITNESS: Yes.
`
` BY MR. MURPHY:
`
` Q. RF matching networks were known
`
` prior to your invention, correct?
`
` A. Could you repeat that again?
`
` You trailed off.
`
` Q. RF matching networks were known
`
` prior to your invention, correct?
`
` A. Yes.
`
` Q. And using RF matching networks
`
` with plasma chambers was known prior to your
`
` invention, correct?
`
` A. Yes.
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` Q. And using a fixed frequency
`
` source with RF matching networks was known
`
` prior to your invention, correct?
`
` A. Yes.
`
` Q. And using a fixed frequency
`
` source with RF matching networks connected to
`
` plasma chamber was known prior to your
`
` invention, correct?
`
` A. Yes.
`
` Q. And tuning algorithms used to
`
` control the capacitors in RF matching networks
`
` were known prior to your invention, correct?
`
` A. They were, yes.
`
` Q. Prior to your invention, Dr.
`
` Bhutta, did anyone tell you they were skeptical
`
` of using EVC in an RF matching network?
`
` A. Yes.
`
` Q. And do you recall who told you
`
` that information?
`
` A. I dealt with many customers, and
`
` several customers told me of their skepticism
`
` in using.
`
` Q. You don't remember any specific
`
` individual or customer who told you that
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`Exhibit 1028
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`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
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` information?
`
` A. I don't remember right now.
`
` Q. Do you recall in what year you
`
` were told this information?
`
` A. Beginning from 2005 onwards.
`
` Q. Can you turn to Paragraph No. 19
`
` of your Declaration, Dr. Bhutta, you use the
`
` term breakdown voltage; do you see that?
`
` MR. LESOVITZ: You say Paragraph
`
` No. 19, James?
`
` MR. MURPHY: Yes. And it's the
`
` top of Page No. 9.
`
` THE WITNESS: Yes, I see that.
`
` BY MR. MURPHY:
`
` Q. And, specifically, you were
`
` referring in this paragraph to the breakdown
`
` voltage to the PiN diode; do you see that?
`
` A. Yes.
`
` Q. And if I just refer to that as a
`
` PiN diode, would that be okay?
`
` A. Yes.
`
` Q. Can you describe for me what the
`
` breakdown voltage of a PiN diode is?
`
` A. The breakdown voltage of a PiN
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`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` diode is a voltage if you exceed that you will
`
` permanently damage the PiN diode. It is even
`
` worse with standing voltage of a PiN diode.
`
` Q. And PiN diodes were known prior
`
` to your invention, correct?
`
` A. Yes.
`
` Q. And breakdown voltages of PiN
`
` diodes were known prior to your invention,
`
` correct?
`
` A. Yes.
`
` Q. And the breakdown voltage is
`
` something that can be physically measured with
`
` any PiN diode; is that right?
`
` A. The suppliers test for it, but
`
` it's not measured.
`
` Q. So when you purchase a PiN diode
`
` from a supplier on the spec sheet, it will tell
`
` you what the PiN diode voltage is; is that
`
` right?
`
` A. Yes.
`
` Q. And isn't it true that it was
`
` known to put PiN diodes in series to increase
`
` the breakdown voltage prior to your invention?
`
` A. I don't know.
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`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
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`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` Q. Do you believe that you were the
`
` first to discover putting PiN diodes in series
`
` of breakdown voltage?
`
` MR. LESOVITZ: Objection, calls
`
` for speculation.
`
` THE WITNESS: I don't know.
`
` BY MR. MURPHY:
`
` Q. And does your invention require
`
` using PiN diodes in series, Dr. Bhutta?
`
` MR. LESOVITZ: Objection, calls
`
` for speculation, and legal conclusion.
`
` THE WITNESS: Some designs do.
`
` BY MR. MURPHY:
`
` Q. Let's go to the first sentence
`
` in Paragraph No. 19, Dr. Bhutta. Let me know
`
` if you have had a chance to read that sentence.
`
` A. Yes, I have read it.
`
` Q. So in that sentence you refer to
`
` stacked diodes. And stacked diodes would be
`
` connected in series, correct?
`
` A. Yes.
`
` Q. And it's your belief that you
`
` overcame the voltage stress issues using
`
` stacked diodes; is that right?
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`18
`
`19
`
`20
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`21
`
`22
`
`23
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`24
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`Page 28
`
`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` A. Yes.
`
` Q. Were you able to overcome the
`
` voltage stress issue using a single diode?
`
` A. Not in all applications.
`
` Q. Was there any application in
`
` which you were able to overcome the voltage
`
` stress issue using a single diode?
`
` A. Only when used in shunt 1
`
` position in pattern with the RF switching.
`
` Q. And by the shunt 1 position, do
`
` you mean the EVC connected to the input of the
`
` RF matching network?
`
` A. Yes.
`
` Q. Was there a voltage stress issue
`
` related to shunt 1?
`
` A. Not for the typical power
`
` levels, no.
`
` Q. And then shunt 2 EVC is
`
` connected to the RF matching network output; is
`
` that right?
`
` MR. LESOVITZ: Objection to
`
` form.
`
` THE WITNESS: In a pie matching
`
` network, yes.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
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`12
`
`13
`
`14
`
`15
`
`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`Page 29
`
`Veritext Legal Solutions
`346-293-7000
`
`ADVANCED ENERGY INDUSTRIES INC.
`Exhibit 1028
`
`
`
`HIGHLY CONFIDENTIAL - ATTORNEYS EYES ONLY
`
` BY MR. MURPHY:
`
` Q. And in Paragraph No. 19, the
`
` voltage stress that you're talking about, is
`
` the voltage stress on the shunt 2 EVC; is that
`
` right?
`
` A. Yes.
`
` Q. So for the voltage stress that
`
` you're talking about in Paragraph No. 19, was
`
` that overcome in any application using a single
`
` diode?
`
` MR. LESOVITZ: Objection to
`
` form. Calls for speculation.
`
` THE WITNESS: Not that I'm aware
`
` of.
`
` BY MR. MURPHY:
`
` Q. Dr. Bhutta, in your invention,
`
` could you use a single diode with both EVCs?
`
` MR. LESOVITZ: Objection to
`
` form. Calls for speculation, legal
`
` conclusion.
`
` THE WITNESS: Not in a practical
`
` matching network.
`
` BY MR. MURPHY:
`
`
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