Filed on behalf of: Nichia Corporation
`
` Paper ____
`
`
`
` Date filed: September 18, 2018
`
`By: Martin M. Zoltick, Lead Counsel
`Robert P. Parker, Back-up Counsel
`Derek F. Dahlgren, Back-up Counsel
`Michael H. Jones, Back-up Counsel
`Mark T. Rawls, Back-up Counsel
`ROTHWELL, FIGG, ERNST & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`Emails: mzoltick@rfem.com
` rparker@rfem.com
` ddahlgren@rfem.com
` mjones@rfem.com
` mrawls@rfem.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`VIZIO, INC.,
`Petitioner,
`
`v.
`
`NICHIA CORPORATION,
`Patent Owner.
`_______________
`
`Case IPR2018-00437
`Patent 9,537,071
`_______________
`
`DECLARATION OF DR. E. FRED SCHUBERT IN SUPPORT OF PATENT
`OWNER’S CONTINGENT MOTION TO AMEND
`
`NICHIA EXHIBIT 2019
`Vizio, Inc. v. Nichia Corp.
`Case IPR2018-00437
`
`

`

`TABLE OF CONTENTS
`
`Schubert Declaration
`IPR2018-00437
`
`I.
`
`II.
`
`INTRODUCTION ........................................................................................... 1
`
`QUALIFICATIONS ........................................................................................ 1
`
`III. MATERIALS CONSIDERED ........................................................................ 7
`
`IV.
`
`SUMMARY OF OPINIONS ........................................................................... 7
`
`V.
`
`TECHNOLOGY BACKGROUND ................................................................. 8
`
`VI.
`
`PROPOSED SUBSTITUTE CLAIMS ............................................................ 9
`
`VII. DEFINITION OF ONE OF ORDINARY SKILL IN THE ART .................14
`
`VIII. CLAIM CONSTRUCTION ..........................................................................18
`
`IX.
`
`LEGAL STANDARDS BEING APPLIED IN MY DECLARATION ........18
`
`A. Written Description Support ...............................................................18
`
`B.
`
`C.
`
`Anticipation .........................................................................................19
`
`Obviousness .........................................................................................19
`
`X. WRITTEN DESCRIPTION SUPPORT FOR THE PROPOSED
`SUBSTITUTE CLAIMS ...............................................................................26
`
`A.
`
`Independent Claim 27 .........................................................................36
`
`1.
`
`2.
`
`3.
`
`4.
`
`“A light emitting device comprising” [Preamble] ....................37
`
`“a light emitting element” [27A] ..............................................37
`
`“a resin package consisting of a resin part and first and second
`metal leads, the resin part including a thermosetting resin”
`[27B] .........................................................................................38
`
`“wherein said resin package has four outer lateral surfaces and
`has a concave portion having a bottom surface” [27C] ............40
`
`i
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`

`

`Schubert Declaration
`IPR2018-00437
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`“wherein the light emitting element is mounted on the bottom
`surface of the concave portion and electrically connected to the
`first and second metal leads” [27D] ..........................................41
`
`“wherein, at each of the four outer lateral surfaces of the resin
`package, at least a portion of an outer lateral surface of the resin
`part and at least a portion of an outer lateral surface of one or
`more of the first and second metal leads are coplanar” [27E] ..42
`
`“wherein the first metal lead is exposed at three outer lateral
`surfaces of the resin package” [27F] .........................................44
`
`“wherein a notch is formed in one or more of the first and
`second metal leads at each of the four outer lateral surfaces of
`the resin package” [27G] ..........................................................46
`
`“wherein, at a first of the four outer lateral surfaces of the resin
`package, the resin part is located at left and right sides of an
`exposed surface of the first metal lead” and “wherein, at a
`second of the four outer lateral surfaces of the resin package,
`the resin part is located at left and right sides of an exposed
`surface of the second metal lead” [27H] ...................................48
`
`10.
`
`“wherein all upper edges of the first and second metal leads are
`coplanar” [27I] ..........................................................................49
`
`B.
`
`Independent Claim 28 .........................................................................50
`
`1.
`
`2.
`
`3.
`
`4.
`
`“A light emitting device comprising” [Preamble] ....................51
`
`“a resin package comprising a resin part and a metal part, said
`metal part consisting of first and second metal plates, said resin
`package having four outer lateral surfaces and having a concave
`portion having a bottom surface” [28A] ...................................52
`
`“a light emitting element mounted on the bottom surface of the
`concave portion and electrically connected to the metal part”
`[28B] .........................................................................................54
`
`“wherein at least a portion of an outer surface of the resin part
`and at least a portion of an outer surface of the metal part are
`
`
`
`ii
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`

`

`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`Schubert Declaration
`IPR2018-00437
`
`coplanar at an outer bottom surface of the resin package” [28C]
` ...................................................................................................55
`
`“wherein at least a portion of an outer lateral surface of the
`resin part and at least a portion of an outer lateral surface of the
`metal part are coplanar at each of the four outer lateral surfaces
`of the resin package” [28D] ......................................................56
`
`“wherein a notch is formed in the metal part at each of the four
`outer lateral surfaces of the resin package” [28E] ....................58
`
`“wherein, at a first of the four outer lateral surfaces of the resin
`package, portions of an outer lateral surface of the resin part are
`located above and at left and right sides of an exposed outer
`lateral surface of the first metal plate” and “wherein, at a second
`of the four outer lateral surfaces of the resin package, portions
`of an outer lateral surface of the resin part are located above and
`at left and right sides of an exposed outer lateral surface of the
`second metal plate” [28F] .........................................................60
`
`“wherein a lower surface of the metal part is exposed from the
`resin part in a region directly under the light emitting element”
`[28G] .........................................................................................61
`
`“wherein the portions of the outer lateral surface of the resin
`part that are located above and at left and right sides of the
`exposed outer lateral surface of the first metal plate are
`integrally formed and are coplanar with the exposed outer
`lateral surface of the first metal plate” and “wherein the
`portions of the outer lateral surface of the resin part that are
`located above and at left and right sides of the exposed outer
`lateral surface of the second metal plate are integrally formed
`and are coplanar with the exposed outer lateral surface of the
`second metal plate” [28H] ........................................................62
`
`C.
`
`Dependent Claims 29-34 .....................................................................63
`
`1.
`
`2.
`
`Claim 29 ....................................................................................63
`
`Claim 30 ....................................................................................64
`
`
`
`iii
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`

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`Schubert Declaration
`IPR2018-00437
`
`3.
`
`4.
`
`5.
`
`6.
`
`Claim 31 ....................................................................................65
`
`Claim 32 ....................................................................................69
`
`Claim 33 ....................................................................................70
`
`Claim 34 ....................................................................................71
`
`XI. PATENTABILITY OF THE PROPOSED SUBSTITUTE CLAIMS ..........72
`
`A.
`
`Prior art references ..............................................................................72
`
`1.
`
`Loh ............................................................................................72
`
`2. Mori ...........................................................................................74
`
`3. Wang .........................................................................................74
`
`4.
`
`Oshio .........................................................................................75
`
`B.
`
`The Substitute Claims Are Patentable Over the Grounds Involved in
`This Proceeding and the References Asserted as Prior Art ................75
`
`1.
`
`Claim 27 is patentable over Grounds 1-5 .................................76
`
`a)
`
`Claim 27 is not anticipated by Loh (Ground 1) ..............76
`
`(1)
`
`(2)
`
`Loh does not disclose “a resin package consisting
`of a resin part and first and second metal leads, the
`resin part including a thermosetting resin” ..........77
`
`Loh does not disclose “wherein the first metal lead
`is exposed at three outer lateral surfaces of the
`resin package” ......................................................78
`
`b)
`
`Claim 27 would not have been obvious in view of Loh
`(Ground 2) ......................................................................79
`
`(1)
`
`Loh would not have suggested “a resin package
`consisting of a resin part and first and second
`metal leads, the resin part including a
`thermosetting resin” .............................................79
`
`
`
`iv
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`

`

`Schubert Declaration
`IPR2018-00437
`
`(2)
`
`Loh would not have suggested “wherein the first
`metal lead is exposed at three outer lateral surfaces
`of the resin package” ............................................82
`
`c)
`
`Claim 27 would not have been obvious in further view of
`Mori, Wang and/or Oshio (Grounds 3, 4, and 5) ...........82
`
`2.
`
`Claim 28 is patentable over Grounds 1-5 .................................83
`
`a)
`
`Claim 28 is not anticipated by Loh (Ground 1) ..............83
`
`(1)
`
`(2)
`
`(3)
`
`Loh does not disclose “a resin package comprising
`a resin part and a metal part, said metal part
`consisting of first and second metal plates, said
`resin package having four outer lateral surfaces
`and having a concave portion having a bottom
`surface” .................................................................85
`
`Loh does not disclose “at a first outer lateral
`surface of the resin package, portions of an outer
`lateral surface of the resin part are located above
`and at left and right sides of an exposed outer
`lateral surface of the first metal plate and at a
`second outer lateral surface of the resin package,
`portions of an outer lateral surface of the resin part
`are located above and at left and right sides of an
`exposed outer lateral surface of the second metal
`plate” ....................................................................86
`
`Loh does not disclose “wherein the portions of the
`outer lateral surface of the resin part that are
`located above and at left and right sides of the
`exposed outer lateral surface of the first metal plate
`are integrally formed and are coplanar with the
`exposed outer lateral surface of the first metal
`plate, and wherein the portions of the outer lateral
`surface of the resin part that are located above and
`at left and right sides of the exposed outer lateral
`surface of the second metal plate are integrally
`formed and are coplanar with the exposed outer
`lateral surface of the second metal plate” ............89
`
`
`
`v
`
`

`

`b)
`
`Claim 28 would not have been obvious in view of Loh
`(Ground 2) ......................................................................89
`
`Schubert Declaration
`IPR2018-00437
`
`(1)
`
`(2)
`
`(3)
`
`Loh does not disclose “a resin package comprising
`a resin part and a metal part, said metal part
`consisting of first and second metal plates, said
`resin package having four outer lateral surfaces
`and having a concave portion having a bottom
`surface” .................................................................90
`
`Loh would not have suggested “at a first outer
`lateral surface of the resin package, portions of an
`outer lateral surface of the resin part are located
`above and at left and right sides of an exposed
`outer lateral surface of the first metal plate and at a
`second outer lateral surface of the resin package,
`portions of an outer lateral surface of the resin part
`are located above and at left and right sides of an
`exposed outer lateral surface of the second metal
`plate” ....................................................................93
`
`Loh would not have suggested wherein the
`portions of the resin part that are located above and
`at left and right sides of the respective exposed
`outer lateral surfaces of the first and second metal
`plates are integrally formed and coplanar with the
`exposed outer lateral surface of the respective
`metal plate ............................................................94
`
`c)
`
`Claim 28 would not have been obvious in view of Mori,
`Wang and/or Oshio (Grounds 3, 4, and 5)......................94
`
`Substitute Claims 29 and 32 and 34 are Patentable Over
`Grounds 1-5 for at least the Same Reasons as Substitute Claim
`28 ...............................................................................................96
`
`Substitute Claims 30 and 31 Are Patentable Over Grounds 1-5
`For Additional Reasons .............................................................97
`
`3.
`
`4.
`
`(1) Grounds 1-5 Do Not Disclose and Would Not
`Have Suggested “the first metal plate has a first
`
`vi
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`

`

`Schubert Declaration
`IPR2018-00437
`
`step portion that is exposed on the outer lateral
`surface of the first metal plate on a first side of the
`resin package, and the second metal plate has a
`second step portion that is exposed on the outer
`lateral surface of the second metal plate on a
`second side of the resin package” as Recited in
`Substitute Claim 30 ..............................................97
`
`(2) Grounds 1-5 Do Not Disclose and Would Not
`Have Suggested “wherein each of the first and
`second metal plates includes an etched concave
`portion on an upper surface of the respective metal
`plate, wherein each of the first and second metal
`plates includes an etched concave portion on a
`bottom surface of the respective metal plate, and
`wherein each of said etched concave portions is
`curved.” as Recited in Substitute Claim 31 ..........99
`
`XII. CONCLUSION ............................................................................................100
`
`
`
`
`
`
`
`
`
`vii
`
`

`

`Schubert Declaration
`IPR2018-00437
`
`I.
`
`INTRODUCTION
`
`1.
`
`My name is E. Fred Schubert, and I have been retained by counsel for
`
`Patent Owner, Nichia Corporation (“Nichia”), to serve as an expert witness in the
`
`above-captioned proceeding based on a Petition for Inter Partes Review (“IPR”)
`
`filed by VIZIO, Inc. (the “Vizio Petition” or the “Petition”), which challenges
`
`certain claims in Nichia’s U.S. Patent No. 9,537,071 (the “’071 Patent”).
`
`2.
`
`I understand that this declaration will be submitted in support of the
`
`Patent Owner’s Contingent Motion to Amend in the IPR.
`
`3.
`
`The facts and opinions expressed herein are true and accurate to the
`
`best of my knowledge and understanding based on the information I have reviewed
`
`to date.
`
`II. QUALIFICATIONS
`
`4.
`
`My curriculum vitae (CV) detailing my educational background and
`
`professional experience is enclosed as Appendix A. My CV includes a list of all
`
`publications I have authored, including all publications from the previous ten
`
`years.
`
`5.
`
`I am currently a Full Professor in the Department of Electrical,
`
`Computer, and Systems Engineering at Rensselaer Polytechnic Institute (“RPI”) in
`
`Troy, New York.
`
`1
`
`

`

`Schubert Declaration
`IPR2018-00437
`
`6.
`
`I received a Master’s Degree in Electrical Engineering from the
`
`University of Stuttgart, Germany, in 1981. I received a Ph.D. degree in Electrical
`
`Engineering from the University of Stuttgart, Germany, in 1986. Subsequent to
`
`my education, starting in 1985, I worked in industry at AT&T Bell Laboratories in
`
`Holmdel and Murray Hill, New Jersey, for ten years. In 1995, I joined academia.
`
`My first position was at Boston University (Boston, MA), where I worked as a full
`
`professor for seven years. In 2002, I joined RPI as a distinguished professor, the
`
`Wellfleet Senior Constellation Professor and Head of the Future Chips
`
`Constellation with appointments in the Department for Electrical, Computer, and
`
`Systems Engineering and the Department for Physics, Applied Physics and
`
`Astronomy. I am the founding Director of the Smart Lighting Engineering
`
`Research Center that is funded by the U.S. National Science Foundation at a
`
`volume of $40 million over 10 years.
`
`7.
`
`I am named as co-inventor in more than 30 U.S. patents and have co-
`
`authored more than 300 publications. I authored the books “Doping in III-V
`
`Semiconductors” (1993), “Delta Doping of Semiconductors” (1996), and the first,
`
`second, and third editions of “Light-Emitting Diodes” (2003, 2006 and 2018); the
`
`latter book is known as a standard textbook in the field of LEDs, and the book has
`
`been translated into Russian, Japanese and Korean. My publications have been
`
`2
`
`

`

`Schubert Declaration
`IPR2018-00437
`
`well recognized by the technical community as illustrated by the more than 30,000
`
`citations that my publications have received.
`
`8.
`
`I received several awards for my technical contributions. They
`
`include: Senior Member IEEE (1993); Literature Prize of Verein Deutscher
`
`Elektrotechniker for my book “Doping in III-V Semiconductors” (1994); Fellow
`
`SPIE (1999); Alexander von Humboldt Senior Research Award (1999); Fellow
`
`IEEE (1999); Fellow OSA (2000); Boston University Provost Innovation Award
`
`(2000); Discover Magazine Award for Technological Innovation (2000); R&D 100
`
`Award for RCLED (2001); Fellow APS (2001); RPI Trustees Award for Faculty
`
`Achievement (2002 and 2008); honorary membership in Eta Kappa Nu (2004); 25
`
`Most Innovative Micro- and Nano-Products of the Year Award of R&D Magazine
`
`(2007); and Scientific American 50 Award (2007).
`
`9.
`
`My general expertise is in the field of electrical engineering and
`
`applied physics including semiconductor materials, processing, and devices. My
`
`specific expertise is in the field of light-emitting diodes (LEDs), including the
`
`structure, packaging, and manufacture of LEDs. My work has included the design,
`
`growth, fabrication, manufacturing, and testing of semiconductor devices as well
`
`as the employment of these devices in a variety of applications.
`
`10.
`
`I have been working in the field of semiconductor microelectronic and
`
`optoelectronic devices, including light-emitting diodes (LEDs), for more than 30
`
`3
`
`

`

`Schubert Declaration
`IPR2018-00437
`
`years. I have conducted and directed research in this field, conducted and directed
`
`development in this field, and have published numerous papers, patents, and books
`
`on the topic of LEDs. My research and development activities have included the
`
`packaging, reliability, life-testing, heat-flow, and encapsulation of LEDs. Specific
`
`packaging-related research topics, which I have personally worked and published
`
`on, include the following:
`
`• The encapsulation of LED chips in an LED package using a
`transparent resin, and the control of the refractive index of the
`transparent resin by the inclusion of TiO2 nanoparticles;
`
`• The heat flow in LED packages and the thermal management in LED
`packages;
`
`• The development of new approaches for the over-voltage protection
`of packaged LEDs without the use of Zener diodes;
`
`• The spatial distribution of phosphor in LED packages including the
`analysis of remote-phosphor distributions;
`
`• The reliability of LED packages including the lifetime testing under
`(i) elevated temperatures, (ii) enhanced humidity, and (iii) over-
`current conditions; and
`
`• Delamination effects of optical thin films under stress conditions
`occurring in optoelectronic packages.
`
`11.
`
`I have made pioneering contributions to the following technical fields:
`
`Delta-doping, resonant cavity light-emitting diodes, enhanced spontaneous
`
`4
`
`

`

`Schubert Declaration
`IPR2018-00437
`
`emission in Er-doped Si/SiO2 microcavities, elimination of unipolar heterojunction
`
`band discontinuities, p-type superlattice doping in AlGaN, photonic-crystal light-
`
`emitting diodes, crystallographic etching of GaN, polarization-enhanced ohmic
`
`contacts, delta-doped ohmic contacts, non-alloyed ohmic contacts, omni-
`
`directional reflectors, low-refractive index materials, anti-reflection coatings, light-
`
`emitting diodes with remote phosphors, the efficiency droop in GaInN LEDs, and
`
`solid-state lighting.
`
`12.
`
`I have extensive experience related to the packaging of LEDs. I have
`
`conducted research and published articles on the following:
`
`• the design, fabrication, and testing of LED packages with particular
`attention to the spatial phosphor distribution;
`
`• the design and testing of LED packages with particular attention to the
`thermal management of packaged LEDs; and
`
`• the occurrence of trapped optical modes inside the LED packages.
`
`13.
`
`Furthermore, I pioneered what is now known as the “remote
`
`phosphor” distribution in white LEDs; the associated research article (entitled
`
`“Strongly enhanced phosphor efficiency in GaInN white light-emitting diodes
`
`using remote phosphor configuration and diffuse reflector cup”) has been cited
`
`more than 300 times.
`
`5
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`Schubert Declaration
`IPR2018-00437
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`14.
`
`I have written three editions of a book on LEDs with the second
`
`edition published in 2006; the book contains a chapter dedicated to the packaging
`
`of LEDs.
`
`15. At RPI, I regularly teach a course on LEDs which includes extensive
`
`discussions on the packaging of LEDs. I have guided graduate students and post-
`
`doctoral researchers conducting research on the packaging of LEDs. My work in
`
`industry (AT&T Bell Laboratories) included the packaging of LEDs and lasers,
`
`including minimizing the cost of device packaging processes.
`
`16.
`
`I am the founding director of the Smart Lighting Engineering
`
`Research Center funded by the US National Science Foundation; this center
`
`concerns LEDs and the packaging of these devices to make intelligent or “smart”
`
`lighting systems.
`
`17.
`
`In a previous trial involving Nichia and Everlight, I was found by the
`
`district court to be “a qualified expert witness in the field of light-emitting diode
`
`and semiconductor technology, including packaging.” Exhibit 2024, p. 6 (FF15).
`
`18.
`
`I have trained and guided numerous junior engineers (including
`
`graduate students) in the field of LEDs and have collaborated with numerous
`
`engineers active in the field of LEDs. Accordingly, I know from personal
`
`experience the level of ordinary skill in the art and I consider myself to have at
`
`least the same level of skill and experience as the person of ordinary skill in the art
`
`6
`
`

`

`(POSITA) to which the ’071 Patent is directed, and had so as of the time of the
`
`Schubert Declaration
`IPR2018-00437
`
`invention (approximately 2008).
`
`III. MATERIALS CONSIDERED
`
`19.
`
`In preparation of this declaration and the opinions set forth herein, I
`
`have considered the Petition filed by VIZIO and the supporting exhibits, including
`
`Dr. Shanfield’s declaration, and the references relied on in the Petition and Dr.
`
`Shanfield’s declaration. In addition, I have also considered the documents, data,
`
`and other information mentioned in and cited to herein and the Exhibits
`
`accompanying Nichia’s Patent Owner Response and Nichia’s Contingent Motion
`
`to Amend. Further, I have reviewed the Board’s Institution Decision. My
`
`opinions are also based upon my knowledge, education, experience, research, and
`
`training in this field that I have accumulated over the course of my career.
`
`IV.
`
`SUMMARY OF OPINIONS
`
`20.
`
`It is my opinion that the proposed substitute claims have written
`
`description support in both U.S. Patent Application Serial No. 12/737,940 (the
`
`“ʼ940 Application”; Ex. 2023) and JP2008-225408 (the “JP ʼ408 Application”; Ex.
`
`2021). For the same reason, it is my opinion that the proposed substitute claims do
`
`not recite any new matter not disclosed in the two priority documents.
`
`7
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`Schubert Declaration
`IPR2018-00437
`
`21.
`
`It is also my opinion that the substitute claims include only narrowing
`
`amendments. In other words, none of the substitute claims are broader than the
`
`original claims.
`
`22.
`
`Finally, it is my opinion that the proposed substitute claims 27-34 set
`
`forth in the claim appendix attached to this declaration are not anticipated or
`
`rendered obvious by the grounds asserted in VIZIO’s petition.
`
`V.
`
`TECHNOLOGY BACKGROUND
`
`23.
`
`The ’071 Patent relates to the design, fabrication process sequence,
`
`and device structures of packaged LEDs. LEDs provide superior performance and
`
`unique benefits over conventional lighting sources (such as incandescent and
`
`fluorescent lighting sources). These unique benefits include their high efficiency,
`
`compact size, long lifespan, resistance to mechanical impact, lack of ultraviolet
`
`emissions, ultra-fast response times, and the ability to control the brightness and
`
`color of the emitted light.
`
`24.
`
`I have provided a detailed technology background in several IPRs
`
`regarding a family member of the ’071 Patent. See my declarations, for example,
`
`in IPR2017-01608 and IPR2017-01623. I stand by my previous statements, which
`
`show that at the time of the claimed invention, that LED technology, including
`
`design, fabrication process sequence, and device structures of packaged LEDs, was
`
`a complicated field, involving many different competing interests, and for which
`
`8
`
`

`

`even small changes in one area could have profound affects in another, making
`
`Schubert Declaration
`IPR2018-00437
`
`predictability of success difficult.
`
`VI. PROPOSED SUBSTITUTE CLAIMS
`
`25.
`
`I understand that Patent Owner is submitting a Contingent Motion to
`
`Amend with respect to claims 15-19 and 21-23 of the ʼ071 Patent at issue in this
`
`proceeding. Specifically, in the event the Board determines that claims 15 or 16 of
`
`the ʼ071 Patent are unpatentable, Patent Owner is requesting that the Board
`
`consider substitute claims 27 (in the case of claim 15) and 28 (in the case of claim
`
`16). Should the Board determine that claim 16 is unpatentable, I further
`
`understand that Patent Owner intends to substitute claims 29-34 for original claims
`
`17-19 and 21-23.
`
`26.
`
`I have reproduced the substitute claims below in annotated format
`
`showing the changes relative to the corresponding original claims of the ʼ071
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`Patent. Submitted concurrently with this declaration is a claims appendix (Ex.
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`2020) which includes these substitute claims and also identifies where the claims
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`are supported in the original United States application (which led to the ʼ071
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`Patent) as well as the Japanese application to which the ʼ071 Patent ultimately
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`claims priority.
`
`27. Below are the annotated claims showing amendments compared to
`
`their original counterpart.
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`9
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`28. Claim 27 corresponds to original claim 15 and recites:
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`Schubert Declaration
`IPR2018-00437
`
`1527. A light emitting device comprising:
`
`a light emitting element;
`
`a resin package comprising consisting of a resin part and
`a first and second metal leads, the resin part including a
`thermosetting resinpart including first and second metal
`plates, and
`
`wherein said resin package having has four outer lateral
`surfaces and having has a concave portion having a
`bottom surface,; and
`
`awherein the light emitting element is mounted on the
`bottom surface of the concave portion and electrically
`connected to the first and second metal leadspart,
`
`wherein, at each of the four outer lateral surfaces of the
`resin package, at least a portion of an outer lateral surface
`of the resin part and at least a portion of an outer lateral
`surface of one or more of the first and second metal
`leadspart are coplanar at each of the four outer lateral
`surfaces of the resin package,
`
`wherein the first metal lead is exposed at three outer
`lateral surfaces of the resin package,
`
`wherein a notch is formed in one or more of the first and
`second metal part leads at each of the four outer lateral
`surfaces of the resin package,
`
`wherein, at a first of the four outer lateral surfaces of the
`resin package, the resin part is located at left and right
`sides of a portion of the metal part at at least two of the
`four outer lateral surfaces of the resin package an
`exposed surface of the first metal lead,
`
`
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`10
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`Schubert Declaration
`IPR2018-00437
`
`wherein, at a second of the four outer lateral surfaces of
`the resin package, the resin part is located at left and right
`sides of an exposed surface of the second metal lead, and
`
`wherein all upper edges of the first and second metal part
`leads are coplanar.
`
`29. Claim 28 corresponds to original claim 16 and recites:
`
`1628. A light emitting device comprising:
`
`a resin package comprising a resin part and a metal part
`including at least two said metal part consisting of first
`and second metal plates, said resin package having four
`outer lateral surfaces and having a concave portion
`having a bottom surface; and
`
`a light emitting element mounted on the bottom surface
`of the concave portion and electrically connected to the
`metal part, and
`
`wherein at least a portion of an outer surface of the resin
`part and at least a portion of an outer surface of the metal
`part are coplanar at an outer bottom surface of the resin
`package,
`
`wherein at least a portion of an outer lateral surface of the
`resin part and at least a portion of an outer lateral surface
`of the metal part are coplanar at each of the four outer
`lateral surfaces of the resin package,
`
`wherein a notch is formed in the metal part at each of the
`four outer lateral surfaces of the resin package,
`
`wherein, at a first of the four outer lateral surfaces of the
`resin package, portions of an outer lateral surface of the
`resin part is are located above and at left and right sides
`of an exposed outer lateral surface of the first metal plate,
`
`
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`11
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`Schubert Declaration
`IPR2018-00437
`
`a portion of the metal part at at least two of the four outer
`lateral surfaces of the resin package, and
`
`wherein, at a second of the four outer lateral surfaces of
`the resin package, portions of an outer lateral surface of
`the resin part are located above and at left and right sides
`of an exposed outer lateral surface of the second metal
`plate,
`
`wherein a lower surface of the metal part is exposed from
`the resin part in a region directly under the light emitting
`element,
`
`wherein the portions of the outer lateral surface of the
`resin part that are located above and at left and right sides
`of the exposed outer lateral surface of the first metal plate
`are integrally formed and are coplanar with the exposed
`outer lateral surface of the first metal plate, and
`
`wherein the portions of the outer lateral surface of the
`resin part that are located above and at left and right sides
`of the exposed outer lateral surface of the second metal
`plate are integrally formed and are coplanar with the
`exposed outer lateral surface of the second metal plate.
`
`30. Claim 29 corresponds to original claim 17 and recites:
`
`1729. The light emitting device according to claim 2816,
`wherein the resin part is made using a thermosetting
`resin.
`
`31. Claim 30 corresponds to original claim 18 and recites:
`
`1830. The light emitting device according to claim 1628,
`wherein:
`
`the first metal part plate has a first step portion, a
`concave portion, and/or a convex portion that is exposed
`
`
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`12
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`Schubert Declaration
`IPR2018-00437
`
`on the outer lateral surface of the first metal plate on a
`first side of the resin package, and
`
`the second metal plate has a second step portion that is
`exposed on the outer lateral surface of the second metal
`plate on a second side of the resin package.
`
`32. Claim 31 corresponds to original claim 19 and recites:
`
`1931. The light emitting device according to claim 1629,
`
`wherein the light emitting device further comprises a
`sealing mem