Case 3:22-cv-02001-JR Document 36-21 Filed 02/08/23 Page 1 of 5
`
`From:
`To:
`
`Cc:
`Subject:
`Date:
`
`Joshua J. Yi
`awhitehurst@mckoolsmith.com; nmatich@mckoolsmith.com; ajairam@mckoolsmith.com;
`jcampbell@mckoolsmith.com; abapna@pbwt.com; pamstutz@scottdoug.com; rsheehan@pbwt.com; Cox, Brady;
`Griffin, Lauren; lpopovski@pbwt.com; Newton, Mike
`Rebecca_Jahnke@txwd.uscourts.gov; kmdaviscsr@yahoo.com
`Greenthread, LLC v. Intel Corporation et al (6:22-cv-00105-ADA)
`Wednesday, December 21, 2022 1:39:20 PM
`
`EXTERNAL SENDER – Proceed with caution
`
`Counsel,
`
`The Court provides the following preliminary constructions in advance of tomorrow’s
`Markman hearing. The purpose of preliminary constructions is to streamline the hearing by
`providing the parties an indication of the Court’s current position for each term. Although the
`parties are, of course, free to argue for their originally proposed construction, it is generally
`unlikely that the Court will select a party’s originally proposed construction over the
`preliminary construction. As such, the Court believes that making arguments to fine-tune the
`preliminary construction may be more helpful. The preliminary constructions are not final as
`the Court may change some those constructions based on the arguments at the hearing.
`
`Of the below terms, please let me know what terms each side would like to argue at least an
`hour before the hearing. Each side may email their list separately (but please CC the other
`side) or jointly (please indicate which side, or both, wants to argue each term). To the extent a
`junior attorney will be arguing a term, please let me know which term(s) the junior attorney
`will be arguing.
`
`Also, at least an hour before the hearing, please submit any slides the parties (and CC the other
`side) wish to use at the Markman hearing.
`
`The information for the Zoom hearing is as follows:
`
`https://txwd-uscourts.zoomgov.com/j/1613131172?
`pwd=ek9WOFZLeHZXalNYVmFOdkJabDJoQT09
`
`Meeting ID: 161 313 1172
`Passcode: 167817
`
`One tap mobile
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`Passcode: 167817
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`CIRRUS EX. 1038 - 1/5
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`

`

`Case 3:22-cv-02001-JR Document 36-21 Filed 02/08/23 Page 2 of 5
`
`Find your local number: https://txwd-uscourts.zoomgov.com/u/ae3OuAb5i
`
`If you have any questions, please let me know. Thanks.
`
`-Josh
`
`P.S. To assist the court reporter (Kristie Davis, CC-ed), please email her a copy of your slides
`as soon as possible (it’s okay if it’s just a draft). When you email her, no need to CC the other
`side or the Court as it is purely to help her generate the transcript as quickly as possible.
`
`Defendants’
`Proposed
`Construction
`Indefinite
`
`Court’s
`Preliminary
`Construction
`Not indefinite.
` Plain-and-
`ordinary
`meaning.
`
`Plaintiff’s
`Proposed
`Construction
`Plain and
`ordinary
`meaning, where
`the plain and
`ordinary
`meaning is “a
`layer at the
`surface”
`
`Plain-and-
`ordinary meaning
`
`Plain and
`ordinary
`meaning, where
`the plain and
`ordinary
`meaning is an
`“underlying
`layer”
`
`“the initial
`material within
`which or on
`which the
`semiconductor
`device is
`fabricated”
`
`Term
`
`#1A: “surface layer” and
`related terms:
`
`#1B” “an active region . . .
`disposed on one surface of
`said surface layer”
`
`#1C” “a single drift layer
`disposed between the other
`surface of said surface layer
`and [said/the] substrate”
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 11,121,222, Claim
`44
`
`Proposed by Defendant
`
`#2 “substrate”
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 10,510,842,
`Claims 1, 9; U.S. Patent No.
`10,734,481, Claims 1, 20;
`U.S. Patent No. 11,121,222,
`Claims 1, 21, 39, 41, 42, 44;
`U.S. Patent No. 11,316,014,
`Claims 1, 21
`
`Proposed by Defendant
`
`CIRRUS EX. 1038 - 2/5
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`

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`Case 3:22-cv-02001-JR Document 36-21 Filed 02/08/23 Page 3 of 5
`
`Plain and
`ordinary
`meaning
`
`Plain and
`ordinary
`meaning
`
`Plain and
`ordinary
`meaning
`
`#3: “active region”
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 10,510,842, Claims
`1, 9; U.S. Patent No.
`10,734,481, Claims 1, 20; U.S.
`Patent No. 11,121,222, Claims
`1, 21, 39, 41, 42, 44; U.S.
`Patent No. 11,316,014, Claims
`1, 21
`
`Proposed by Defendant
`
`#4A: “said [drift layer
`further/well region …] having
`a [first/second] static
`unidirectional electric drift
`field”
`
`#4B: “said [drift layer
`further/well region] having a
`graded concentration of
`dopants generating a
`[first/second] static
`unidirectional electric drift
`field”
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 11,121,222, Claim
`44
`
`Proposed by Defendant
`
`#5A: “to aid the movement of
`minority carriers from ... to…”
`
`#5B: “to aid carrier movement
`from ... [to/towards]”
`
`Plain and
`ordinary meaning
`
`“Region that
`forms the current
`path of a device”
`or “the source,
`drain and channel
`region of a
`device”
`
`Plain-and-
`ordinary meaning
`
`Not indefinite.
` Plain-and-
`ordinary
`meaning.
`
`“said [drift layer
`further/well
`region …] having
`a [first/second]
`static electric drift
`field that is
`unidirectional
`over the [drift
`layer/well region”
`
`“said [drift layer
`further/well
`region] having a
`graded
`concentration of
`dopants
`generating a
`[first/second]
`static electric drift
`field that is
`unidirectional
`over the [drift
`layer/well
`region]”
`
`Indefinite.
`
`Alternative
`construction: “to
`sweep the
`minority carriers
`from … to …”
`
`Indefinite.
`
`CIRRUS EX. 1038 - 3/5
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`

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`Case 3:22-cv-02001-JR Document 36-21 Filed 02/08/23 Page 4 of 5
`
`Alternative
`construction: “to
`sweep the carriers
`from …
`[to/towards] …”
`
`Plain and
`ordinary
`meaning, where
`portions of a
`well are not
`well regions.
`
`“A well, whether
`formed by single
`or multiple
`implants.
` Portions of a
`well are not well
`regions.”
`
`Plain and
`ordinary
`1
`meaning
`
`1
`– Note not for
`the jury: portions
`of a well are not
`well regions.
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 10,510,842,
`Claims 1, 9; U.S. Patent No.
`10,734,481, Claims 1, 20;
`U.S. Patent No. 11,121,222,
`Claims 1, 21, 39, 41, 42, 44;
`U.S. Patent No. 11,316,014,
`Claims 1, 21
`
`Proposed by Defendant
`
`#6: “well region”
`
`U.S. Patent No. 8,421,195,
`Claim 1; U.S. Patent No.
`9,190,502, Claim 7; U.S.
`Patent No. 10,510,842,
`Claims 1, 9; U.S. Patent No.
`10,734,481, Claims 1, 20;
`U.S. Patent No. 11,121,222,
`Claims 1, 21, 39, 41, 42, 44;
`U.S. Patent No. 11,316,014,
`Claims 1, 21
`
`Proposed by Defendant
`
`#7: “active region … within
`which transistors can be
`formed”
`
`Plain and
`ordinary
`meaning
`
`Indefinite
`
`Not indefinite.
` Plain-and-
`ordinary meaning
`
`U.S. Patent No. 10,510,842,
`Claims 1, 9; U.S. Patent No.
`10,734,481, Claims 1, 20;
`U.S. Patent No. 11,121,222,
`Claims 1, 21, 39, 41, 42; U.S.
`Patent No. 11,316,014,
`Claims 1, 21
`
`Proposed by Defendant
`
`Joshua J. Yi, Ph.D.
`The Law Office of Joshua J. Yi, PLLC
`13492 Research Blvd; Ste. 120 – #445
`
`CIRRUS EX. 1038 - 4/5
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`

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`Case 3:22-cv-02001-JR Document 36-21 Filed 02/08/23 Page 5 of 5
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`Austin, TX 78750-2254
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`CIRRUS EX. 1038 - 5/5
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