Rather than developing its own technology and competing fairly with Qorvo, Akoustis adopted a series of anticompetitive practices to shortcut the time needed to enter the BAW market.

In late 2022 and early 2023, discovery in the Delaware Action revealed that Akoustis and certain former Qorvo employees had also engaged in a widespread scheme to steal Qorvo’s trade secrets.

But the Federal Circuit has repeatedly held that possessing the contractual right to bring a lawsuit for infringement is not the same as holding “all substantial rights” to a patent.

To survive a motion to dismiss, a plaintiff must plead enough facts “to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

Feb. 7, 2014) (dismissing induced infringement claim where plaintiff made only general allegation that defendants provided “detailed explanations, instructions and information” because “naked assertions devoid of further factual enhancement are insufficient to state a claim”).

Defendant intends to seek discovery from Akoustis and third parties regarding public use and/or the on-sale bar under pre-AIA 35 U.S.C. § 102, additional prior art under pre-AIA 35 U.S.C. §§ 102 and 103, applicant’s failure to comply with pre-AIA 35 U.S.C. § 112, and/or other grounds of invalidity and/or unenforceability.

Qorvo reserves the right to provide claim charts for such prior art to the extent Akoustis seeks to move forward on the sweeping theories of infringement suggested in statements made on the record in this matter.

substitution of one known element for another; (6) the use of a known technique to improve similar devices, methods, or products in the same way; (7) the predictable results obtained in applying a known technique to a known device, method, or product ready for improvement; (8) the finite number of identified predictable solutions that had a reasonable expectation of success; and (9) known work in various technological fields that could be applied to the same or different technological fields based on design incentives or other market forces.

Ordinary artisans understood that cracking of GaN growth layer can be completely eliminated by suppressing the formation of SiNx islands and assuring uniform nucleation of AlN at the Si–AlN interface.

Invalidity Contentions Based on Pre-AIA 35 U.S.C. § 112 Defendant provides below an identification of asserted claims that are—at least as apparently construed by Akoustis in its Infringement Contentions—invalid pursuant to pre AIA 35 U.S.C. § 112 as indefinite, not enabled, and/or lacking a sufficient written description.

Cornell Ex. 2013, p.1 of 28 Qorov, Inc. v. Cornell Research Foundation

Cornell Ex. 2013, p.2 of 28 Qorov, Inc. v. Cornell Research Foundation

Cornell Ex. 2013, p.3 of 28 Qorov, Inc. v. Cornell Research Foundation

Cornell Ex. 2013, p.4 of 28 Qorov, Inc. v. Cornell Research Foundation

Cornell Ex. 2013, p.5 of 28 Qorov, Inc. v. Cornell Research Foundation

RFMD's GaAs semiconductor products incorporate transistor layers grown on either an MBE or metal organic chemical vapor deposition (MOCVD) process.

Of note, we expect this transaction will provide RFMD with lower MBE and MOCVD pricing, higher return on invested capital (ROIC), and more predictable operating results."

RFMD is recognized for its diverse portfolio of semiconductor technologies and RF systems expertise and is a preferred supplier to the world's leading mobile device, customer premises and communications equipment providers.

The RF Micro Devices, Inc. logo is available at http://www.globenewswire.com/newsroom/prs/?pkgid=6436 This press release includes "forward-looking statements" within the meaning of the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.

RF Micro Devices' business is subject to numerous risks and uncertainties, including variability in operating results, risks associated with the impact of global macroeconomic and credit conditions on our business and the business of our suppliers and customers, our reliance on a few large customers for a substantial portion of our revenue, the rate of growth and development of wireless markets, our ability to bring new products to market, our reliance on inclusion in third party reference designs for a portion of our revenue, our ability to manage channel partner and customer relationships, risks associated with the operation of our wafer fabrication, molecular beam epitaxy, assembly and test and tape and reel facilities, our ability to complete acquisitions and integrate acquired companies, including the risk that we may not realize expected synergies from our business combinations, our ability to attract and retain skilled personnel and develop leaders, variability in production yields, raw material costs and availability, our ability to reduce costs and improve margins in response to declining average selling prices, our ability to adjust production capacity in a timely fashion in response to changes in demand for our products, dependence on gallium arsenide (GaAs) for the majority of our products, dependence on third parties, and substantial reliance on international sales and operations.

the two-step growth method has been proposed, in which various types of buffer layers such as 3C-SiC [3], AlN [4,5], GaAs [6], AlOx [7] and Si3N4 [8] are used between epilayer and substrate.

In this paper, we report the growth of high quality GaN epilayers on Si(1 1 1) substrates using high-temperature-grown AlN as buffer layer by rapid thermal process low-pressure metalorganic chemical vapor deposition (RTP/LP-MOCVD).

SEM, XRD, PL, Raman scattering, and Hall measurements at room tem- perature were used to characterize the surface and crystal structures of the samples.

Van der Pauw measurements give a carrier concentration of 1.3  1017 cm 3 and a Hall mobility of 210 cm2/V s at room temperature, which are also comparable to the results on sapphire.

The PL, Raman scattering and Hall measurements verify the high quality of GaN films on Si(1 1 1) with AlN buffer layer.

Time to Milestones Search Time to Milestones Courts: Texas Eastern District (all districts) Case Filing Date: On or After Jan. 1st, 2008 Time to Milestones Search U.S. District Courts (13497 cases) Claim Construction Patentee Decisions Patentee MSJ Infringement Patent not invalid Patent enforceable Patent Challenger Decisions Patent Challenger MSJ Noninfringement Patent invalid Patent unenforceable Remedies Damages TRO/Prelim Injct Injct/Ongoing Royalty Enhncd Dam/Atty Fees Sanctions Trials Jury Trial Bench Trial Transfers & Stays Transfer Stay Appeal Termination Likely Settlement Mature Termination 1yr 2yr 3yr 4yr 5yr 6yr 7yr 8yr https://search.docketnavigator.com/patent/binder/0/0?print=true 1/2 Qorvo - Exhibit 1028, Page 1 Qorvo, Inc. v. Cornell Research Foundation, Inc.

There has been a problem that a high-quality gallium FIG. 1 is a block diagram demonstrating a vapor nitride compound-semiconductor crystal has not been obtained due to lattice mismatching between sapphire phase growing system used in practicing the present invention.

It is preferable to get decomposed by heat, so that the growing AlxGa .,N a good unturbulent flow that the incident angle @ of the may be doped with the dopant element to produce reaction gas at the inlet side 53 of the substrate 50 is I-type Al,Gay..N. between 90° and 75°.

Similarly as aforementioned, H2, NH3 and TMAat 15° C. were supplied on the single crystal sapphire sub- strate 60 at 3 1/min, 2 1/min and 500 cc/min, respec- tively, for one minute when the growth temperature wasset at 650° C., to produce the AIN buffer layer of 350A.

The sapphire substrate 60 on which the N-layer 62 was formed, was taken out from the vapor phase growing system and then, a photoresist was applied to the main face of the N layer 62 before exposure using a mask of a predetermined pattern.

A light emitting diode according to claim 6, Imageobtained bya reflective high energy electron wherein said buffer layer is grown at a condition that diffraction method (RHEED).

Journal of Crystal Growth 280 (2005) 335–340 www.elsevier.com/locate/jcrysgro Epitaxial growth of high-quality GaN on appropriately nitridated Si substrate by metal organic chemical vapor deposition Wu-Yih Uena, , Zhen-Yu Lia, Shan-Ming Lanb, Sen-Mao Liaoa aDepartment of Electronic Engineering, Faculty of Engineering, Chung Yuan Christian University, Chung-Li 32023, Taiwan bInstitute of Nuclear Energy Research, P.O.

This result is very encouraging because this kind of broad emission band can alter the optical performance of related devices greatly, especially for laser diodes.

First, because of its porous structure SiNx probably regulates its lattice to relieve the strain caused by the thermal expansion coefficient incompatibility between GaN epilayer and Si substrate and lessens the crack formation.

For example, with this porous structure the SiNx buffer can be effectively used as a mask for selective growth, and what is more, there is the realization of an epitaxial overgrowth technique to achieve high-quality GaN overgrown atop.

The root mean square value of surface roughness of the GaN film grown on appropriately nitridated Si is around 5.057 nm as obtained by atomic force microscopy.

Priority under 35 U.S.C. § 119 12)L] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f). a)CIJAI b)L] Some * c)] None of: 1.1] Certified copies of the priority documents have been received.

3.0 Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f). a) All b)L) Some* c)() None ofthe: 1. [1] Certified copies of the priority documents have been received.

The following is an examiner's statement of reasons for allowance: None of the references of record teaches or suggests as cited in claims 1, 18: pre-treating a surface of the substrate with at least one groupIII reactant or at least one ...

Liquid Phase Epitaxy vacancies and As atoms on Gasites (the As antisite atoms) are virtu- ally nonexistent in LPE material.

Furthermore, the theoretical maximum evaporation rates are obtained only if as many evaporant molecules leave the surface as would be required to exert the equilibrium pressure peg on the same surface and none of them return.

The exit orifices of the crucibles are large, so that the cell is a nonequilibrium effusion source.

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676 Federal district court cases for James Rodney Gilstrap Page 18 of 38 Title DigitalDoors, Inc. v. BOKF, N.A.

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Patent E.D.Tex. 2023-05-26 2024-02-01 Prep Solutions Ltd. v. Techono Ltd. et al Akoustis Technologies, Inc. et al v. Qorvo, Inc. Whirlpool Properties, Inc. et al v. INDIVIDUALS, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS TH

676 Federal district court cases for James Rodney Gilstrap Page 25 of 38 Title Smith v. Prime Cereal, LLC et al Civil Action # Case Type Court Filed On Last Docket Terminated Employment E.D.Tex. 2024-01-05 2024-01-19 Deutsche Bank Trust Company Americas, As Trustee v. ABW LLC et al Contracts E.D.Tex. 2023-09-20 2024-01-19 Greenthread, LLC v. OmniVision Technologies, Inc. Patent E.D.Tex. 2023-05-10 2024-01-19 L2 Mobile Technologies LLC v. OnePlus Technology (Shenzhen) Co., Ltd. Contracts E.D.Tex. 2023-03-01 2024-01-19 Metacluster LT, UAB v. Bright Data Ltd. Patterson v. Nissan North America, Inc. Patent Patent E.D.Tex. 2022-01-07 2024-01-19 Product Liability E.D.Tex. 2023-09-29 2024-01-18 Sikes et al v. Farmers New World Life Insurance Company Insurance E.D.Tex. 2023-08-11 2024-01-18 Dao Health v. Chiaro Technology Limited Patent E.D.Tex. 2023-06-21 2024-01-18 Netlist, Inc. v. MICRON TECHNOLOGY TEXAS, LLC et al

We show that a short period superlattice of AlGaN/GaN grown on the AlN buffer can be used to block defects propagating through GaN, resulting in good crystal and luminescence quality.

High growth temperature of 1130–1190 K, combined with carefully controlled deposition of an Al layer at the onset of epitaxy, suppress formation of SiNx islands and result in very rapid transition to two-dimensional ~2D!

The pro- cedure used results in hydrogen terminated surface.7 Wafers prepared by this process showed the (737) surface struc- ture, observed by reflection high-energy electron diffraction ~RHEED!, after heating to 920 K for a few minutes.

4 H. Marchand, N. Zhang, L. Zhao, Y. Golan, S. J. Rosner, G. Girolami, Paul T. Fini, J. P. Ibbetson, S. Keller, S. DenBaars, J. S. Speck, and U. K. Mishra, MRS Internet J. Nitride Semicond.

5 S. A. Nikishin, V. G. Antipov, S. Francoeur, N. N. Faleev, G. A. Seryo- gin, V. A. Elyukhin, H. Temkin, T. Prokofyeva, M. Holtz, A. Konkar, and S. Zollner, Appl.

Rather than developing its own technology and competing fairly with Qorvo, Akoustis adopted a series of anticompetitive practices to shortcut the time needed to enter the BAW market.

In late 2022 and early 2023, discovery in the Delaware Action revealed that Akoustis and certain former Qorvo employees had also engaged in a widespread scheme to steal Qorvo’s trade secrets.

Instead, at critical junctures of the Complaint, Akoustis switches to using the passive voice— Qorvo - Exhibit 1030, Page 10 alleging that the accused products “are made” by an unidentified party “using a process for growing an epitaxial layer.” Id., ¶ 35; see also id., ¶36 (QPD1000 “is made” by an unidentified party “using a process that grows a gallium nitride (GaN) epitaxial material on a silicon carbide (SiC) substrate”).2 Elsewhere, Akoustis asserts that there are third parties— “partners and suppliers”—who “are involved in the manufacturing” of the accused products.

Qorvo - Exhibit 1030, Page 16 To survive a motion to dismiss, a plaintiff must plead enough facts “to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)).

Feb. 7, 2014) (dismissing induced infringement claim where plaintiff made only general allegation that defendants provided “detailed explanations, instructions and information” because “naked assertions devoid of further factual enhancement are insufficient to state a claim”).

Another approach taught in Feltin et al., “Stress Control In GaN Grown On Silicon (111) By Metal Organic Vapor Phase Epitaxy, Applied Physics Letters, Vol.

A related aspect of the present invention provides a Semicon ductor element including a nitride Semiconductor Structure having one or more epitaxially grown layerS and a base Qorvo - Exhibit 1008, Page 8

These and other objects, features and advantages of the present invention will be more readily apparent from the detailed description of the preferred embodiments set forth below, taken in conjunction with the accompanying draw IngS.

In its Sim plest form, operative Structure 34 may include one a single relatively thick layer of a gallium nitride based Semicon ductor Such as pure GaN.

In Such a lateral conduction Structure, the path length is determined by the horizontal dimensions of the die (e.g., a millimeter or more) and the cross-sectional area is deter mined by the thickness of the GaN layers (e.g., a few microns).

2 Given the Court’s past experiences with litigants dropping claims and defenses during or on the eve of trial, the Court is of the opinion that these additional deadlines are necessary.

The Court finds that the Parties are best suited to evaluate whether mediation will benefit the case after the issuance of the Court’s claim construction order.

For expert-related motions, complete digital copies of the relevant expert report(s) and accompanying exhibits shall be submitted on a single flash drive to the Court.

Complete digital copies of the expert report(s) shall be delivered to the Court no later than the dispositive motion deadline.

The fact that there are motions for summary judgment or motions to dismiss pending; The fact that one or more of the attorneys is set for trial in another court on the same day, unless the other setting was made prior to the date of this order or was made as a special provision for the parties in the other case; The failure to complete discovery prior to trial, unless the parties can demonstrate that it was impossible to complete discovery despite their good faith effort to do so.