Publication 4269 October 2011 Washington, DC 20436 In the Matter of Investigation No. 337-TA-666 Certain Cold Cathode Fluorescent Lamp ( CCFL ) Inverter Circuits and Products Containing the Same U.S. International Trade Commission COMMISSIONERS
Deanna Tanner Okun, Chairman Irving A. Williamson, Vice Chairman Charlotte R. Lane Daniel R. Pearson Shara L. Aranoff Dean A. Pinkert Address all communications to Secretary to the Commission United States International Trade Commission Washington, DC 20436 U.S. International Trade Commission Washington, DC 20436 www.usitc.gov Publication 4269 October 2011 In the Matter of Investigation No. 337-TA-666 Certain Cold Cathode Fluorescent Lamp ( CCFL ) Inverter Circuits and Products Containing the Same PUBLIC VERSION UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN COLD CATHODE FLUORESCENT LAMP ("CCFL") INVERTER CIRCUITS AND PRODUCTS CONTAINING THE SAME Inv. No. 337-TA-666 INITIAL DETERMINATION ON VIOLATION OF SECTION 337 AND RECOMMENDED DETERMINATION ON REMEDY AND BOND Administrative Law Judge E. James Gildea (April 19, 2010) Appearances: For the Complainants 02 Micro International Ltd and 02 Micro Inc.: Burt C. Reiser, Esq.; Margaret MacDonald, Esq.; and Mark L. Whitaker, Esq. of Howrey LLP of Washington, D.C. Henry C. Bunsow, Esq.; K.T. Cheri an, Esq.; Duane Mathiowetz, Esq.; and Robert Harkins, Esq. of Howrey LLP of San Francisco, C.A. For the Respondents ASUSTeK Computer Inc., ASUS Computer International and Monolithic Power Systems, Inc.: Smith R. Brittingham, IV, Esq.; Amanda L. Blaurock, Esq. of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. of Washington, D.C. Lionel M. Lavenue, Esq.; Darren M. Jiron, Esq.; and John M. Mulcahy, Esq. of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. of Reston, V.A. Stephen E. Kabakoff, Esq. of Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P. of Atlanta, G.A. Mark A. Flagel, Esq.; Robert Steinberg, Esq.; and Franklin D. Kang, Esq. of Latham & Watkins LLP of Los Angeles, C.A. Dean G. Dunlavey, Esq. of Latham & Watkins LLP of Costa Mesa, C.A. For the Respondent Microsemi Corporation: Joel D. Covelman, Esq. and Paul Kim, Esq. of The Yocca Law Firm, LLP ofIrvine, C.A. Fred T. Grasso, Esq. of Grasso, PLLC of Reston, V.A. For the Commission Investigative Staff: Lynn 1. Levine, Esq., Director; T. Spence Chubb, Esq., Supervisory Attorney; David O. Lloyd, Esq., Investigative Attorney, ofthe Office of Unfair Import Investigations, U.S. International Trade Commission, of Washington, D.C. PUBLIC VERSION Pursuant to the Notice ofInvestigation, 74 Fed. Reg. 2099 (2009), this is the Initial Determination of the Investigation in the Matter of Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing Same, United States International Trade Commission Investigation No. 337-TA-666. See 19 C.F.R. 21O.42(a). With respect to Respondents ASUSTeK Computer Inc. and ASUS Computer International, it is held that no violation of Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain CCFL inverter circuits by reason of infringement of one or more of claims 1,2,4, 7, 8, 9, 11 and 14 of United States Patent No. 7,417,382. With respect to Respondent Monolithic Power Systems, Inc., it held that no violation of Section 337 of the Tariff Act of 1930, as amended, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain CCFL inverter circuits by reason of infringement of one or more of claims 1, 2, 4, 7, 8, 9 11 and 14 of United States Patent No. 7,417,382. With respect to Respondent Microsemi Corporation, it held that no violation of Section 337 of the Tariff Act of 1930, as amended, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation, of certain CCFL inverter circuits by reason of infringement of one or more of claims 1, 2, 4, 8, 9 and 11 of United States Patent No. 7,417,382. It is further held that a domestic industry does not exist that practices U.S. Patent No. 7,417,382. TABLE OF CONTENTS INITIAL DETERMINATION ON VIOLATION OF SECTION 337 AND RECOMMENDED DETERMINATION ON REMEDY AND BOND .................................................................................... v I. BACKGROUND .............................................................................................................................. 1 A. Institution and Procedural History of this Investigation .......................................................... 1 B. The Parties ............................................................................................................................... 4 1. Complainants 02 Micro International Ltd. and 02 Micro Inc ...................................... 4 2. Respondent Monolithic Power Systems Inc .................................................................. 5 3. Respondent Microsemi Corporation ............................................................................. 5 4. Respondents ASUSTeK Computer Inc. and ASUS Computer InternationaL ............. 5 5. Respondents LG Electronics and LG Electronics U.S.A. ............................................. 6 6. Respondents LG Display Co., Ltd. and LG Display America, Inc ............................... 6 7. Respondents BenQ Corporation and BenQ America Corp ........................................... 6 C. Overview of the Technology ................................................................................................... 6 D. The Patent at Issue ................................................................................................................... 7 E. The Products at Issue ............................................................................................................. 12 II. mRlSDICTION AND IMPORTATION ....................................................................................... 13 III. CLAIM CONSTRUCTION ............................................................................................................ 15 A. Applicable Law ...................................................................................................................... 15 B. Level of Skill in the Art ......................................................................................................... 18 C. The Disputed Claim Terms of the '382 Patent and Their Proper Construction ..................... 18 1. Claim 1, Portion of Element 'f', and Claim 8, Portion of Element 'h'-"a timer circuit . .. for providing a time-out sequence of a predetermined duration" ........................ 18 2. Claim 1, Portion of Element 'f', and Claim 8, Portion of Element 'h' -"when saidfirst voltage signal exceeds a predetermined threshold for said predetermined duration" .......... 22 3. Claim 1, Portion of Element 'g' and Claim 8, Portion of Element 'i' -"shutting down said first switch and said second switch after said predetermined duration" ....................... 23 4. Claim 1, Portion of Element 'd' and Claim 8, Portion of Element 'f' -"electrically coupled' ................................................................................................................................. 26 IV. INFRINGEMENT DETERMINATION ........................................................................................ 26 A. Applicable Law ...................................................................................................................... 26 1. Direct Infringement. .................................................................................................... 26 2. Indirect Infringement .................................................................................................. 27 Induced Infringement. ................................................................................................. 27 Contributory Infringement. ......................................................................................... 27 B. Analysis of the Accused MPS Products with Respect to the '382 patent... ........................... 28 1. Claim 1 ........................................................................................................................ 41 2. Claim 2 ........................................................................................................................ 42 3. Claim 4 ........................................................................................................................ 43 4. Claim 7 ........................................................................................................................ 44 5. Claim 8 ........................................................................................................................ 45 6. Claim 9 ........................................................................................................................ 46 7. Claim 11 ...................................................................................................................... 47 8. Claim 14 ...................................................................................................................... 48 9. Conclusion .................................................................................................................. 49 C. Analysis of the Accused ASUS Products with Respect to the '382 patent. .......................... 50 1. Claim 1 ........................................................................................................................ 53 ASUS EeeTop Unit. .................................................................................................... 53 ASUS VHI96T Monitor ............................................................................................. 53 ASUS LS221 Monitor ................................................................................................. 53 ASUS F5RL Notebook ............................................................................................... 54 Other ASUS products identified in CX-403C. ............................................................ 54 2. Claim 2 ........................................................................................................................ 55 ASUS EeeTop Unit. .................................................................................................... 55 ASUS VH196T Monitor ............................................................................................. 55 ASUS LS221 Monitor ................................................................................................. 55 ASUS F5RL Notebook ............................................................................................... 56 Other ASUS products identified in CX-403C. ............................................................ 56 3. Claim 4 ........................................................................................................................ 56 ASUS EeeTop Unit. .................................................................................................... 56 ASUS VH196T Monitor ............................................................................................. 57 ASUS LS221 Monitor. ................................................................................................ 57 ASUS F5RL Notebook ............................................................................................... 58 Other ASUS products identified in CX-403C ............................................................. 58 4. Claim 7 ........................................................................................................................ 58 ASUS EeeTop Unit. .................................................................................................... 58 ASUS VH196T Monitor ............................................................................................. 58 ASUS LS221 Monitor ................................................................................................. 58 ASUS F5RL Notebook ............................................................................................... 59 Other ASUS products identified in CX-403C. ............................................................ 59 5. Claim 8 ........................................................................................................................ 59 ASUS EeeTop Unit. .................................................................................................... 59 ASUS VH196T Monitor ............................................................................................. 60 ASUS LS221 Monitor ................................................................................................. 60 ASUS F5RL Notebook ............................................................................................... 61 Other ASUS products identified in CX-403C. ............................................................ 61 6. Claim 9 ........................................................................................................................ 61 ASUS EeeTop Unit. .................................................................................................... 62 ASUS VH196T Monitor ............................................................................................. 62 ASUS LS221 Monitor ................................................................................................. 62 ASUS F5RL Notebook ............................................................................................... 62 Other ASUS products identified in CX-403C. ............................................................ 63 7. Claim 11 ...................................................................................................................... 63 ASUS EeeTop Unit. .................................................................................................... 63 ASUS VHI96T Monitor ............................................................................................. 63 ASUS LS221 Monitor ................................................................................................. 64 ASUS F5RL Notebook ............................................................................................... 64 Other ASUS products identified in CX-403C. ............................................................ 64 8. Claim 14 ...................................................................................................................... 65 ASUS EeeTop Unit. .................................................................................................... 65 ASUS VHI96T Monitor ............................................................................................. 65 ASUS LS22I Monitor. ................................................................................................ 65 ASUS F5RL Notebook ............................................................................................... 65 Other ASUS products identified in CX-403C. ............................................................ 65 9. Conclusion .................................................................................................................. 66 D. Analysis of the Accused Microsemi Products with Respect to the '382 patent. ................... 66 1. Claim 1 ........................................................................................................................ 69 LXI69I Family ........................................................................................................... 70 LXI692 Family ........................................................................................................... 78 LX1693 Family ........................................................................................................... 83 LX 1691 Modules ........................................................................................................ 89 LX 1692 Modules ........................................................................................................ 90 LX 1693 Modules ........................................................................................................ 90 2. Claim 2 ........................................................................................................................ 91 3. Claim 4 ........................................................................................................................ 95 4. Claim 8 ........................................................................................................................ 99 5. Claim 9 ...................................................................................................................... 103 6. Claim 11 .................................................................................................................... 105 7. Indirect Infringement. ............................................................................................... 107 Induced Infringement. ............................................................................................... 108 Contributory Infringement. ....................................................................................... 112 8. Conclusion ................................................................................................................ 112 V. VALIDITY ................................................................................................................................... 113 A. Background .......................................................................................................................... 113 B. Conception Date for the '387 Patent. .................................................................................. 114 C. Anticipation ......................................................................................................................... 119 The MP 1 010 Inverter Circuits and Associated Documentation .......................................... 120 Claim 1 ...................................................................................................................... 127 Claim 2 ...................................................................................................................... 129 Claim 4 ...................................................................................................................... 129 Claim 7 ...................................................................................................................... 131 Claim 9 ...................................................................................................................... 133 Claim 11 .................................................................................................................... 133 Claim 14 .................................................................................................................... 133 D. Obviousness ......................................................................................................................... 133 1. Claims 1 and 8 ........................................................................................................... 137 2. Claims 2, 4, 7, 9, 11 and 14 ....................................................................................... 150 3. Secondary Considerations of Non-Obviousness ....................................................... 150 E. Validity Under 35 U.S.C. 112 .......................................................................................... 151 VI. ENFORCEABILITY .................................................................................................................... 155 A. Inequitable Conduct. ............................................................................................................ 155 1. Alleged inequitable conduct involving Declaration of Dr. Lin ................................. 157 2. Alleged inequitable conduct by burying references of prior art among numerous records ................................................................................................................................. 163 3. Alleged inequitable conduct by withholding a relevant court order in other litigation. 165 4. Alleged inequitable conduct by withholding documents describing the MP1011 prior art. 167 B. Unclean Hands ..................................................................................................................... 168 VII. WAIVER OR WITHDRAWAL OF RESPONDENTS' OTHER DEFENSES ........................... 170 VIII. DOMESTIC INDUSTRy .................................................................................................... 170 A. Technical Analysis .............................................................................................................. 171 '382 Patent. .......................................................................................................................... 172 B. Economic Analysis .............................................................................................................. 178 '382 Patent. .......................................................................................................................... 179 lX. CONCLUSIONS OF LAW .......................................................................................................... 179 X. INITIAL DETERMINA nON AND ORDER ............................................................................. 181 RECOMMENDED DETERMINATION ON REMEDY AND BOND ............................................. 183 I. REMEDY AND BONDING ........................................................................................................ 183 A. Applicable Law .................................................................................................................... 183 B. Remedy with Respect to the '382 Patent. ............................................................................ 183 II. CEASE AND DESIST ORDER ................................................................................................... 185 III. BOND DURING PRESIDENTIAL REVIEW PERlOD ............................................................. 187 N. CONCLUSION ............................................................................................................................. 188 PUBLIC VERSION The following abbreviations may be used in this Initial Determination: JX Joint Exhibit CX Complainants' exhibit CDX Complainants' demonstrative exhibit CPX Complainants' physical exhibit CFF Complainants' proposed findings of fact CCL Complainants' proposed conclusions of law CBr. Complainants' initial post-hearing brief CORFF Complainants' objections to MPS/ASUS Respondents' proposed findings offact COMFF Complainants' objections to Respondent Microsemi's proposed findings of fact COSFF Complainants' objections to Staffs proposed findings of fact CRBr. Complainants' reply post-hearing brief CSBr. Complainant's supplemental briefing pursuant to Order No. 45 RX Respondents' exhibit RDX Respondents' demonstrative exhibit RPX Respondents' physical exhibit RFF MPS/ASUS Respondents' proposed findings of fact RCL MPSI ASUS Respondents' proposed conclusions of law RBr. MPS/ASUS Respondents' initial post-hearing brief ROCFF MPS/ASUS Respondents' objections to Complainant's proposed findings of fact ROSFF MPS/ASUS Respondents' objections to Staffs proposed findings of fact ROMFF MPS/ASUS Respondents' objections to Microsemi's proposed findings of fact RRBr. MPS/ASUS Respondents' reply post-hearing brief RSBr. MPS/ASUS Respondents' supplemental briefing pursuant to Order No. 45 MFF Respondent Microsemi's proposed findings of fact MCL Respondent Microsemi's proposed conclusions of law MBr. Respondent Microsemi's initial post-hearing brief MOCFF Respondent Microsemi's objections to Complainant's proposed findings of fact PUBLIC VERSION MOSFF Respondent Microsemi's objections to Staffs proposed findings of fact MRBr. Respondent Microsemi's reply post-hearing brief MSBr. Respondent Microsemi's supplemental briefing pursuant to Order No. 45 SFF Staff s proposed findings of fact SCL Staff s proposed conclusions of law SBr. Staffs initial post-hearing brief SOCFF Staff s objections to Complainant's proposed findings of fact SORFF Staffs objections to MPS/ASUS Respondents' proposed findings of fact SOMFF Staffs objections to Respondent Microsemi's proposed findings of fact SRBr. Staffs reply post-hearing brief SSBr. Staffs supplemental briefing pursuant to Order No. 45 Tr. Hearing transcript PUBLIC VERSION I. BACKGROUND. A. Institution and Procedural History of this Investigation. By publication of a Notice ofInvestigation in the Federal Register on January 8, 2009, pursuant to subsection (b) of Section 337 of the Tariff Act of 1930, as amended, the Commission instituted Investigation No. 337-TA-666 with respect to U.S. Patent No. 7,417,382 (the "'382 patent"), U.S. Patent No. 6,856,519 (the "'519 patent"), U.S. Patent No. 6,809,938 (the "'938 patent") and U.S. Patent No. 7,120,035 (the "'035 patent") to determine the following: whether there is a violation of subsection (a)(l)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain cold cathode fluorescent lamp ("CCFL") inverter circuits or products containing same that infringe one or more of claims 1, 2, 4,6-9, 11, 13, and 14 of U.S. Patent No. 7,417,382; claim 7 of U.S. Patent No. 6,856,519; claims 1-3 and 6 of U.S. Patent No. 6,809,938; and claim 4 of U.S. Patent No. 7,120,035, and whether an industry in the United States exists as required by subsection (a)(2) of section 337[.] 74 Fed. Reg. 2099 (2009). 02 Micro International Ltd. of the Cayman Islands and 02 Micro Inc. of Santa Clara, California (collectively "02 Micro") are named in the Notice of Investigation as the Complainants. Id The Respondents named in the Notice of Investigation were Monolithic Power Systems Inc. of San Jose, California; Microsemi Corporation ofIrvine, California; ASUSTeK Computer Inc. of Taipei, Taiwan; ASUSTeK Computer International America of Fremont, California; LG Electronics of Seoul, Korea; LG Electronics U.S.A. of Englewood Cliffs, New Jersey; LG Display Co., Ltd. of Seoul, Korea; LG Display America, Inc. of San Jose, California; BenQ Corporation of Taipei, Taiwan; and BenQ America Corp. of Irvine, California. Id The Commission Investigative Staff of the Commission's Office of Unfair Import Investigations is also a party in this Investigation. Id. - 1 - PUBLIC VERSION On May 13,2009, the Administrative Law Judge issued an initial determination granting an unopposed motion to amend the Complaint and Notice ofInvestigation to correct the name of Respondent ASUSTeK Computer International America to ASUS Computer International. (See Order No.8.) The Commission determined not to review the order. (See Notice of Commission Decision Not to Review an Initial Determination Correcting the Name of ASUS Computer International in the Complaint and Notice ofInvestigation (June 2,2009).) On June 22, 2009, the Administrative Law Judge issued an initial determination granting an unopposed motion to partially terminate the Investigation with respect to U.S. Patent Nos. 6,856,519,6,809,938, and 7,120,035. (See Order No. 12.) The Commission determined not to review the order. (See Notice of Commission Decision Not to Review the Administrative Law Judge's Initial Determination Terminating the Investigation as to the '519, '938, and '035 Patents (July 13, 2009).) On June 23, 2009, the Administrative Law Judge issued an initial determination granting a joint motion to terminate Respondents BenQ Corporation and BenQ America Corp. (See Order No. 13.) The Commission determined not to review the order. (See Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation as to Respondents BenQ Corporation and BenQ America Corp. Based on a Settlement Agreement (July 16, 2009).) On August 31, 2009, the Administrative Law Judge issued an initial determination granting a motion to terminate Respondents LG Electronics, Inc. and LG Electronics USA, Inc. from the Investigation. (See Order No. 24.) The Commission determined not to review the order. (See Notice of Commission Determination Not to Review an Initial Determination Terminating -2- PUBLIC VERSION the Investigation as to Respondents LG Electronics, Inc. and LG Electronics USA, Inc. Based on a Settlement Agreement (September 17,2009).) On September 9,2009, the Administrative Law Judge issued an initial determination granting a joint motion to terminate Respondents LG Display Co., Ltd. and LG Display America, Inc. from the Investigation. (See Order No. 25.) The Commission determined not to review the order. (See Notice of Commission Determination Not to Review an Initial Determination Terminating the Investigation with Respect to Respondents LG Display Co., Ltd. and LG Display America, Inc. Based on a Consent Order (September 25,2009).) On September 22,2009, the Administrative Law Judge issued an initial determination granting Complainants 02 Micro International Ltd. and 02 Micro Inc.' s motion for summary determination regarding the economic prong of the domestic industry requirement. (See Order No. 30.) The Administrative Law Judge found that the economic prong was satisfied based on Complainants' investments in the production ofthe OZ964 inverter circuit by X-F AB, and the direct investments in research and development and product support, including testing, service and repair, for the OZ960 and OZ964 CCFL inverter circuits. (Id at 6.) The Commission determined not to review the order. (See Notice of Commission Determination Not to Review an Initial Determination Granting Summary Determination as to the Economic Prong of Domestic Industry (October 20, 2009).) On September 24,2009, the Administrative Law Judge issued an initial determination granting in part Complainants' motion for summary determination that Respondent ASUSTeK Computer, Inc.'s activities satisfY the importation requirement of Section 337. (See Order No. 31.) The Administrative Law Judge found that the importation requirement was established for purposes of this Investigation through the importation, sale for importation, and sale after - 3 - PUBLIC VERSION importation into the United States ofthe accused products by ASUSTeK. (Id at 9.) The Commission determined not to review this order. (See Notice of Commission Determination Not to Review an Initial Determination Granting In-Part a Motion for Summary Determination; Summary Determination ofImportation (October 21,2009).) The evidentiary hearing on the question of violation of Section 337 began on October 19, 2009, and ended on October 30,2009. Respondent Microsemi Corporation ("Micro semi"); Respondent Monolithic Power System, Inc. ("MPS"); Respondents ASUSTeK Computer Inc. and ASUS Computer International (collectively, "ASUS"); Complainants 02 Micro International Ltd. and 02 Micro Inc. ("02 Micro"); and Commission Investigative Staff ("Staff'), were represented by counsel at the hearing. B. The Parties. 1. Complainants 02 Micro International Ltd. and 02 Micro Inc. 02 Micro International Ltd. is a Cayman Islands Corporation with its principal place of business in George Town, Grand Cayman, Cayman Islands. (Am. Complaint at 2; CBr. at 5; SFF 11 (undisputed).) 02 Micro International Ltd. "designs, develops, and markets high performance integrated circuits for power management and security operations, as well as systems security solutions." (CBr. at 5; SFF 12 (undisputed).) 02 Micro Inc. is a wholly owned subsidiary of 02 Micro International Ltd. and is located in Santa Clara, California. (Am. Complaint at 2; CBr. at 5; SFF 14 (undisputed).) 02 Micro Inc. "designs, develops, tests, sells and supports" CCFL inverter controllers for 02 Micro inverter circuit designs and other products. (Am. Complaint at 2-3; CBr. at 5.) -4- PUBLIC VERSION 2. Respondent Monolithic Power Systems Inc. MPS is a Delaware corporation with a principal place of business in San Jose, California. (RBr. at 6; Am. Complaint at 3; SFF 16 (undisputed).) MPS is allegedly engaged in the manufacture, sale for importation, importation, and sale after importation into the United States of CCFL inverter controllers for inverter circuits that infringe certain claims of the' 3 82 patent. (Am. Complaint at 3.) According to 02 Micro, MPS sells the accused CCFL inverter controllers for inverter circuits to original equipment manufacturers for importation in such products as notebook computers and LCD televisions. (Id at 3-4.) 3. Respondent Microsemi Corporation. Microsemi is a Delaware corporation with a principal place of business in Irvine, California. (Am. Complaint at 4; SFF 18 (undisputed).) Microsemi is allegedly engaged in the manufacture, sale for importation, importation, and sale after importation into the United States ofCCFL inverter controllers for inverter circuits that infringe the '382 patent. (Am. Complaint at 4.) According to 02 Micro, Microsemi sells the accused CCFL inverter controllers for inverter circuits to original equipment manufacturers for importation in such products as notebook computers and LCD televisions. (Id.) 4. Respondents ASUSTeK Computer Inc. and ASUS Computer International. ASUSTeK Computer Inc. is a Taiwanese corporation with a principal place of business in Taipei, Taiwan. (Am. Complaint at 4; RBr. at 6; SFF 20 (undisputed).) ASUSTeK Computer Inc. is allegedly engaged in the manufacture, sale for importation, importation, and sale after importation into the United States of notebook computers and/or LCD monitors that contain CCFL inverter circuits with MPS inverter controllers that infringe the '382 patent. (Am. Complaint at 4.) ASUS Computer International is a wholly owned subsidiary of ASUSTeK - 5 - PUBLIC VERSION Computer Inc. and is located in Fremont, California. (Am. Complaint at 5; RBI. at 6; SFF 23 (undisputed).) ASUS Computer International is allegedly engaged in the sale for importation, importation, and sale after importation into the United States of notebook computers and/or LCD monitors that contain CCFL inverter circuits with MPS inverter controllers that infringe the '382 patent. (Am. Complaint at 4.) 5. Respondents LG Electronics and LG Electronics U.S.A. Respondents LG Electronics and LG Electronics U.S.A. were terminated from the Investigation. (See Order No. 24.) 6. Respondents LG Display Co., Ltd. and LG Display America, Inc. Respondents LG Display Co., Ltd. and LG Display America, Inc. were terminated from the Investigation. (See Order No. 25.) 7. Respondents BenQ Corporation and BenQ America Corp. Respondents Corporation and BenQ America Corp. were terminated from the Investigation. (See Order No. 13.) C. Overview of the Technology. At issue are cold cathode fluorescent lamp ("CCFL") inverter circuits and products, such as notebook computers and liquid crystal display ("LCD") monitors, that contain them. (Am. Complaint at 7.) These inverter circuits are used to convert direct current ("DC") to the alternating current ("AC") used by the CCFLs and to control the amount of power the CCFLs receive. (Id at 8-9.) These inverter circuits also include protection circuitry to respond to a dangerous high voltage or "over-voltage" condition resulting from a broken or disconnected lamp (an "open lamp condition"). (Id at 9.) - 6 - PUBLIC VERSION D. The Patent at Issue. This Investigation concerns U.S. Patent No. 7,417,382 (the "'382 patent"), entitled "High Efficiency Adaptive DCI AC Converter," which resulted from a continuation application claiming priority to U.S. Patent Application No. 101776,417 filed February 11,2004 and now U.S. Pat. No. 6,804,129, which itself is a continuation application of U.S. Patent Application No. 10/132,016 filed April 24, 2002, which itself is a continuation application of U.S. Patent Application No. 09/850,222 filed May 7, 2001, now U.S. Pat. No. 6,396,722, which itself is a continuation application of U.S. Patent Application No. 09/437,081 filed November 9, 1999, now U.S. Pat. No. 6,259,615, all of which claim priority to U.S. Patent Application No. 60/145,118, filed July 22, 1999. (See JX-1 at 02ITC 037273.) The '382 patent was filed on September 7, 2004, and issued on August 26,2008. (Jd) The '382 patent names Yung-Lin Lin as the inventor. (Id) The '382 patent was assigned to 02Micro International Limited. (Id) The '382 patent discloses a DC to AC power converter circuit "for controllably delivering power to a load." (JX-1 at 2:33-34.) The '382 patent discloses a switch network with two sets of overlapping switches 80 [Switch_A & Switch_D, Switch_B & Switch_C] coupled to a DC voltage source 12 [VI]. (Id at 2:35-3:19, Fig. 2.) Drive circuitry 50 controls the switches 80, alternating the conduction path between the two sets of switches.! (!d.) Below is a figure of one of the embodiments of the inverter circuit disclosed in the '382 patent. 1 This results in a "switched AC signal." (Tr. at 320:22-23 (Lin); SFF 27 (undisputed).) - 7 - PUBLIC VERSION FIG. 2 (JX-l, Fig. 2.) The switches 80 are connected to the primary side ofa transformer [TXl, left side], and the secondary side of the transformer [TXl, right sidef is connected to a load 20, such as a CCFL on an LCD panel. (Id at 2:43-48,3:20-34, Fig. 2.) Because the CCFL has high impedance characteristics, a significant amount of energy must be delivered to ignite 3 the CCFL. (Id at 7:20-24.) After the CCFL is lit, the CCFL impedance "decreases to its normal operating value." (Id at 7:25-26.) The '382 patent discloses a feedback signal [FB] as part of a feedback control loop 40 "permitting controllable power to be delivered to the load." (Id at 2:48-50, 5:49- 52, Fig. 2.) The '382 patent further discloses an over-voltage protection circuit 60 to protect the converter circuit and the load from an open lamp condition. 4 (Id at 8:1-9:9, Fig. 2.) 2 The transformer is part ofthe "resonant tank," which "steps up" the voltage and smoothes out the AC waveform. (Tr. at 322:16 (Lin).) 3 This may also be referred to as "striking the lamp." (Tr. at 315:23-25 (Lin).) 4 If, for example, the CCFL lamp becomes broken or disconnected (open lamp), the inverter could provide excessive voltage resulting in arcing and damage to the components or operator. (Tr. at 326: 13-329:5 (Lin).) "In an - 8 - PUBLIC VERSION The '382 patent has eight asserted claims, two of which are independent. Asserted claims 1,2,4, 7, 8, 9, 11 and 14 read as follows: 1. A DC to AC cold cathode fluorescent lamp inverter circuit, comprising: [a.] a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp; [b.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; [c.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; [d.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; [e.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [f.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [g.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. 2. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. 4. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; open lamp condition, the circuitry of Figure 2 protects the device by shutting down the power before electrical arcing or similar problems can occur." (SFF 33 (undisputed).) -9- PUBLIC VERSION [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. 7. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: [a.] a third switch coupled to said first switch and said step-up transformer for providing a first electrical path through said-up transformer to ground when said third switch and said first switch are simultaneously on; [b.] a fourth switch coupled to said second switch and said-up transformer for providing a second electrical path through said step-up transformer to ground when said fourth switch and said second switch are simultaneously on; [c.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [d.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [e.] a feedback control circuit coupled to said second feedback signal line, said first switch and said third switch for adjusting time when said third switch and said first switch are simultaneously on such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. 8. A liquid crystal display unit comprising: [a.] a liquid crystal display panel; [b.] a cold cathode fluorescent lamp for illuminating said liquid crystal display panel; [c.] a step-up transformer with a primary winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; [d.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; [e.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; - 10 - PUBLIC VERSION [f.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; [g.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [h.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [i.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. 9. A liquid crystal display unit as claimed in claim 8 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. 11. A liquid crystal display unit as claimed in claim 8 further [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. 14. A liquid crystal display unit as claimed in claim 8 further comprising: [a.] a third switch coupled to said first switch and said step-up transformer for providing a first electrical path through said step-up transformer to ground when said third switch and said first switch are simultaneously on; [b.] a fourth switch coupled to said second switch and said step-up transformer for providing a second electrical path through said step-up transformer to ground when said fourth switch and said second switch are simultaneously on; [c.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp: - 11 - PUBLIC VERSION [d.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [e.] a feedback control circuit coupled to said second feedback signal line, said first switch and said third switch for adjusting time when said third switch and said first switch are simultaneously on such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 02ITC 037301-3.) E. The Products at Issue. The products at issue in this Investigation are CCFL inverter circuits, including products such as modules, boards, notebook computers and LCD monitors that incorporate them. (CBr. at 7-9.) With respectto infringement of claims 1,2,4,8,9, and II of the '382 patent, 02 Micro accuses the following MPS inverter controller product families 5 : MPlOI5, MPlO08, MPI009, MPI0091,MPI0I0B,MPIOI6,MPIOI7,MPIOI8,MPI026,MPI028,MPIO37,MPI038, MP1048, MPI060, MPI061, MP1062, MP1872, MP61093, VN800, VN830 (collectively, the "MPS Products"). (CBr. at 7,33; SFF 47 (undisputed).) According to 02 Micro, the MPI015 product is representative of all the accused MPS Products because they "include the same basic circuitry and functionality with respect to the overvoltage protection circuit described in the '382 patent claims and that was first present in the MPlOI5." (Id.; CFF III.C.25, 26.) With respect to infringement of claims 7 and 14 of the' 3 82 patent, 02 Micro accuses the following MPS Products: MPIOI5, MPIOIOB, MPIOI6, MPI017, MPlOI8, MP1026, MPI028, MPI037, MP1038, MP1048, MP1060, MPI061, MP1062, MP1872, VN800, VN830. (CBr. at 33.) 02 Micro further identifies the ASUS inverter modules, boards, notebook computers, and LCD monitors listed in CX-403C and attached hereto as Appendix A (the "ASUS Products") as infringing some or all of claims 1,2,4, 7,8,9, II and 14 of the '382 patent because they 5 Identified by base model numbers. (eEr. at 7.) - 12 - PUBLIC VERSION incorporate accused MPS Products. (CBr. at 7-8, 48-53; CFF III.C.I171; CFF III.C. 1173; CFF III.C.II75-76.) According to 02 Micro, the ASUS Products that contain the MPS MPlO09 and MP1038 inverter drivers infringe claims 1,2,4,8,9, and 11 of the '382 patent. (CBr. at 48-53.) According to 02 Micro, the ASUS Products that contain the MPS MPIOlOB, MPIOI5, MPI017, MPI018, MP1037, MP1060, and MP1872 inverter drivers infringe claims 1,2,4, 7, 8, 9, 11, and 14 of the '382 patent. (Jd.) 02 Micro further identifies Microsemi inverter circuits incorporating the LX 1691, LX1691A, LX1691B, LX1692, LX1692A, LX1692B, LXI696, LX1696A, LX6512, LX1693, LX1697 and LX1699 CCFL inverter controller families as infringing some or all of claims 1, 2, 4,8,9, and 11 of the '382 patent, as well as the Microsemi inverter module families containing accused Microsemi inverter controllers that are listed in CDX-47 and RX-991C and attached hereto as Appendix B (collectively, the "Micro semi Products"). (CBr. at 8-9.) II. JURISDICTION AND IMPORTATION. In order to have the power to decide a case, a court or agency must have both subject matter jurisdiction, and jurisdiction over either the parties or the property involved. See Certain Steel Rod Treating Apparatus and Components Thereof, Inv. No. 337-TA-97, Commission Memorandum Opinion, 215 U.S.P.Q. 229,231 (U.S.I.T.C., 1981). For the reasons discussed below, the Administrative Law Judge finds the Commission has jurisdiction over this Investigation. Respondents MPS, ASUS, and Microsemi have responded to the Complaint and Notice ofInvestigation and have fully participated in the Investigation by, among other things, participating in discovery, participating in the hearing, and filing pre-hearing and post-hearing briefs. (SFF 52 (undisputed); MFF 69 (undisputed).) Accordingly, the Administrative Law - 13 - PUBLIC VERSION Judge finds that Respondents MPS, ASUS, and Microsemi have submitted to the personal jurisdiction of the Commission and that the Commission has in rem jurisdiction over the accused MPS Products, ASUS Products, and Microsemi Products. Certain Cloisonne Jewelry, Inv. No. 337-TA-195, Initial Determination at 40-43 (U.S.LT.C., March, 1985) (unreviewed). Section 337 declares to be unlawful "[t]he importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles" that infringe a valid and enforceable United States patent if an industry relating to the articles protected by the patent exists or is in the process of being established in the United States. See 19 U.S.C. 1337(a)(1)(B)(i) and (a)(2). Pursuant to Section 337, the Commission shall investigate alleged violations of the Section and hear and decide actions involving those alleged violations. With respect to the '382 patent, the importation or sale requirement of Section 337 establishing subject matter jurisdiction as to Respondent ASUSTeK Computer Inc. has already been established. (Order No. 31 at 9. See also CFF ILA.I-24 (undisputed); SFF 53 (undisputed).) Furthermore, Respondents MPS, ASUS Computer International, and Microsemi do not dispute that the importation requirement of Section 337 has been met. (RBf. at 10; SFF 54 (undisputed); CFF ILB.I-26 (undisputed); CFF II.C.I-6 (undisputed); CFF II.C.9-19 (undisputed); CFF ILC.21-44 (undisputed); CFF ILD.I-6 (undisputed); CFF II.D.l6-18 (undisputed in relevant part); CFF II.D.22 (undisputed in relevant part).) Thus, the Administrative Law Judge finds that Respondents MPS, ASUS, and Microsemi sell for importation, import, or sell after importation into the United States, articles that are accused in this Investigation. The importation or sale requirement of Section 337 is satisfied. - 14- PUBLIC VERSION III. CLAIM CONSTRUCTION. A. Applicable Law. At this stage, the Investigation concerns one utility patent. See 74 Fed. Reg. 2099 (2009). All of the unfair acts alleged by 02 Micro are infringements of the '382 patent. Any finding of infringement requires a two-step analysis. First, the asserted patent claims must be construed as a matter oflaw to determine their proper scope. 6 Second, a factual determination must be made whether the properly construed claims read on the accused devices. See Markman v. Westview Instruments, Inc., 52 F.3d 967,976 (Fed. Cir. 1995) (en banc), aff'd, 517 U.S. 370 (1996). Claim construction begins with the language of the claims themselves. Claims should be given their ordinary and customary meaning as understood by a person of ordinary skill in the art, viewing the claim terms in the context of the entire patent. Phillips v. AWH Corp., 415 F.3d 1303,1312-13 (Fed. Cir. 2005). In some cases, the ordinary meaning of claim language is readily apparent and claim construction will involve little more than "the application of the widely accepted meaning of commonly understood words." Id at 1314. In other cases, claim terms have a specialized meaning and it is necessary to determine what a person of ordinary skill in the art would have understood disputed claim language to mean by analyzing "the words of the claims themselves, the remainder of the specification, the prosecution history, and extrinsic evidence concerning relevant scientific principles, as well as the meaning of technical terms, and the state of the art." Id. (quoting InnovaiPure Water, Inc. v. Safari Water Filtration Sys., Inc., 381 F.3d 1111, 1116 (Fed. Cir. 2004. 6 Only claim terms in controversy need to be construed, and then only to the extent necessary to resolve the controversy. Vanderlande Indus. Nederland BVv. Int'l Trade Comm., 366 F.3d 1311,1323 (Fed. Cir. 2004); Vivid Tech., Inc. v. American Sci. & Eng'g, Inc., 200 F.3d 795,803 (Fed. Cir. 1999). - 15 - PUBLIC VERSION The claims themselves provide substantial guidance as to the meaning of disputed claim language. Id. at 1314. "[T]he context in which a term is used in the asserted claim can be highly instructive." Id. Likewise, other claims of the patent at issue, regardless of whether they have been asserted against respondents, may show the scope and meaning of disputed claim language. Id. With respect to claim preambles, a preamble may limit a claimed invention if it (i) recites essential structure or steps, or (ii) is "necessary to give life, meaning, and vitality" to the claim. Eaton Corp. v. Rockwell Int'l Corp., 323 F.3d 1332, 1339 (Fed. Cir. 2003) (citations omitted). The Federal Circuit has explained that a "claim preamble has the import that the claim as a whole suggests for it. In other words, when the claim drafter chooses to use both the preamble and the body to define the subject matter ofthe claimed invention, the invention so defined, and not some other, is the one the patent protects." Id. (quoting Bell Communications Research, Inc. v. Vitalink Communications Corp., 55 F.3d 615,620 (Fed. Cir. 1995)). When used in a patent preamble, the term "comprising" is well understood to mean "including but not limited to," and thus, the claim is open-ended. CIAS, Inc. v. Alliance Gaming Corp., 504 F.3d 1356, 1360 (Fed. Cir. 2007). The patent term "comprising" permits the inclusion of other unrecited steps, elements, or materials in addition to those elements or components specified in the claims. Id. In cases where the meaning of a disputed claim term in the context of the patent's claims remains uncertain, the specification is the "single best guide to the meaning of a disputed term." Phillips, 415 F.3d at 1321. Moreover, "[t]he construction that stays true to the claim language and most naturally aligns with the patent's description of the invention will be, in the end, the correct construction." Id. at 1316. As a general rule, however, the particular examples or - 16 - PUBLIC VERSION embodiments discussed in the specification are not to be read into the claims as limitations. Id at 1323. The prosecution history may also explain the meaning of claim language, although "it often lacks the clarity of the specification and thus is less useful for claim construction purposes." Id at 1317. The prosecution history consists of the complete record of the patent examination proceedings before the U.S. Patent and Trademark Office, including cited prior art. Id It may reveal "how the inventor understood the invention and whether the inventor limited the invention in the course of prosecution, making the claim scope narrower than it would otherwise be." Id If the intrinsic evidence is insufficient to establish the clear meaning of a claim, a court may resort 7 to an examination of the extrinsic evidence. Zodiac Pool Care, Inc. v. Hoffinger Industries, Inc., 206 F.3d 1408, 1414 (Fed. Cir. 2000). Extrinsic evidence may shed light on the relevant art, and consists of all evidence external to the patent and the prosecution history, "including expert and inventor testimony, dictionaries, and learned treatises." Phillips, 415 F.3d at 1317. In evaluating expert testimony, a court should disregard any expert testimony that is conclusory or "clearly at odds with the claim construction mandated by the claims themselves, the written description, and the prosecution history, in other words, with the written record of the patent." !d. at 1318. Extrinsic evidence is inherently "less reliable" than intrinsic evidence, and "is unlikely to result in a reliable interpretation of patent claim scope unless considered in the context of the intrinsic evidence." Id at 1318-19. 7 "In those cases where the public record unambiguously describes the scope ofthe patented invention, reliance on any extrinsic evidence is improper." Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1583 (Fed. Cir. 1996). - 17 - PUBLIC VERSION B. Level of Skill in the Art. Claims should be given their ordinary and customary meaning as understood by a person of ordinary skill in the art. Phillips, 415 F.3d at 1312-13. The parties essentially agree that the relevant technological field is DC-to-AC power inverter circuits for cold cathode fluorescent lamps. (MFF70; COMFF 70; ROMFF 70.) While Staff, ASUS, MPS and Microsemi set forth differing definitions in the briefing as to the level of skill held by a person of ordinary skill in the art of designing power inverter circuits at the time of the invention of the '382 patent, Staffs definition set forth in the proposed fact findings is undisputed. (RBr. at 93; MBr. at 28-29; SBr. at 70.) The parties agree that "[a] person of ordinary skill in the art to which the '382 patent pertains would have had a bachelor's degree in electrical engineering with at least one year of practical experience, or a master's degree with studies in power electronics." (SFF 227 (undisputed); CORFF 4.1.) Therefore, the Administrative Law Judge finds that the disputed claim terms in this Investigation are to be construed in accordance with this definition of a person of ordinary skill. C. The Disputed Claim Terms of the '382 Patent and Their Proper Construction. 02 Micro is asserting some or all of claims 1,2,4, 7, 8, 9, 11 and 14 of the '382 patent against respondents. However, only portions of the language of independent claims 1 and 8 are disputed. 1. Claim 1, Portion of Element 'f', and Claim 8, Portion of Element 'h'-"a timer circuit . .. for providing a time-out sequence of a predetermined duration" The first disputed claim term is quoted by the parties as follows: "a timer circuit ... for providing a time-out sequence of a predetermined duration[.]" - 18 - PUBLIC VERSION 02Micro and Staff propose the following claim construction: "a circuit that provides a 'predetermined' amount of time before shutdown occurs." This construction has several faults. First, as MPS and ASUS point out, it injects the word "shutdown" into the timer circuit; whereas, shutdown is a function of the protection circuit element. (RBf. at 13.) Second, the word "shutdown" is not defined, and as included in the proposed construction, is ambiguous. Although the protection circuit element of claims 1 and 8 uses the term "shutting down" the first and second switches, it is not clear if that is what is intended by 02 Micro and Staff. (See Section lILC.3.) Third, an overvoltage condition is not the only time or way a shutdown can occur; a shutdown can also occur when the user turns off the power, in which case the timer circuit is not initiated, because, for one thing, a first voltage signal does not exceed a predetermined threshold. The proposed construction of 02 Micro and Staff denotes that the timer circuit provides a predetermined duration before a "shutdown" occurs, which is not always the case. Fourth, the proposed construction changes the terms of the claim from "for providing" to "that provides." According to the teaching, the invention allows the time-out to be set by the user: The duration of the time-out is preferably designed according to the requirements of the loads (e.g., CCFLs of an LCD panel) but could alternately be set at some programmable value. (JX-l at 8:66-9:2.) The term "for providing" connotes that possibility; whereas, the term "that provides" connotes that the predetermined duration is entirely endogenous to the design. Respondents MPS and ASUS' s proposed construction reads as follows: "a circuit that measures a time period having a duration determined beforehand." This, too, has faults. 02 - 19 - PUBLIC VERSION Micro and Staff note that the word "measures" does not denote the same thing as the word "providing," and therefore misrepresents the essence of the claim element, with respect to the time-out sequence portion of the claim. (CBr. at 19-20; SBr. at 20.) Microsemi's proposed construction is as follows: "a circuit that provides a signal once a duration of time determined beforehand has passed since the circuit received an earlier signal [said first voltage signal]." (MBr. at 31-32.) Complainants fault this construction by noting that it ignores the term "time-out sequence" and say that it adds structural limitations, "start signal" and "output signal," that are not part of the claim. (CBr. at 20.) The Administrative Law Judge agrees and, further, finds it ambiguous as well. The claim element at issue, which is part of claims 1 and 8 of the patent, pertains to a circuit for igniting a cold cathode fluorescent lamp. Claim 1 reads: A DC to AC cold cathode fluorescent lamp inverter circuit. ... " And Claim 8 reads: A liquid crystal display unit comprising ... a cold cathode fluorescent lamp for illuminating .. .liquid crystal display panel." The claim element itself, which is the same for both claims, reads as follows: a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration In the case of this invention, a period of time is "predetermined" (i.e. determined beforehand, according to the unanimity of the parties) and the timer circuit is initiated when the first voltage signal exceeds a predetermined threshold. The function of the timer circuit is described in the specification: Preferably, a timer 64 is initiated once the OVP exceeds the threshold, thereby initiating a time-out sequence. The duration of the time-out is preferably designed according to the requirement of the loads (e.g., CCFLs of an LCD panel), but could alternately be set at some programmable value. Drive pulses are disabled once the time-out is reached, thus providing safe-operation output of the converter circuit. That is, circuit 60 provides a sufficient voltage to ignite the - 20- PUBLIC VERSION lamp, but will shut off after a certain period if the lamp is not connected to the converter, so that erroneous high voltage is avoided at the output. This duration is necessary since a non-ignited lamp is similar to an open-lamp condition. (JX-1 at 8:64-65; 9:1-8.) Thus, the specification teaches that the timer circuit is initiated once the OVP exceeds the threshold and a shutdown will occur if erroneous high voltage persists during the time-out period. The purpose of the timer circuit is to give the inverter controller enough time to supply sufficient voltage to the lamp to allow for the correction of erroneous high voltage, such as through lamp ignition, bearing in mind that both claims concern cold cathode fluorescent lamps. If, for example, the lamp ignites during the time-out, the inverter controller will continue to supply voltage, at a reduced level, to the transformer; but if the lamp does not ignite by the end of the time-out, drive pulses are disabled and the system shuts down. Thus, the timer circuit limits, by predetermining, the amount of time that will be allowed for the overvoltage condition to persist. This is consistent with the "time-out sequence" language of the claim element. According to SX-1 (The IEEE Standard Dictionary of Electrical and Electronics Terms), a "time- out" is "[a] condition that occurs when a predetermined amount of time elapses without the occurrence of an expected event." The expected event with respect to the patented invention is the ignition of a cold cathode fluorescent lamp, and the timer circuit limitation provides a time- out sequence of sufficient duration, determined beforehand, to ignite that lamp. For these reasons, the Administrative Law Judge concludes that a person of ordinary skill in the art would construe the contested portion of the claim element as follows: "a circuit that limits the time for an overvoltage condition to persist." - 21 - PUBLIC VERSION 2. Claim 1, Portion of Element 'f', and Claim 8, Portion of Element 'b'- "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" The second disputed claim term is quoted by the parties as follows: "when said first voltage signal exceeds a predetermined threshold for said predetermined duration[.]" 02 Micro and Staff propose that this portion of the claim element be construed as follows: "when the first voltage signal exceeds and continues to exceed a predetermined threshold for said predetermined duration." (CBr. at 20; SBr. at 21-22.) This construction is ambiguous because it includes a redundancy: "exceeds and continues to exceed." If something continues to exceed, ipso facto, it exceeds. This leads to the possibility that the proponents have something additional in mind. If the word "and" after the word "exceeds" and before the word "continues" is intended to denote the occurrence of two events-first, the voltage exceeds the threshold initiating a time- out sequence; and, second, the voltage must thereafter continue to exceed the threshold until the time-out period expires-the point is not clearly stated. Therefore the proposed claim construction is confusing. Also, the phrase "said predetermined duration" within the proposed construction does not have an antecedent, since there is no previously mentioned "predetermined duration" but instead a "predetermined amount of time," and this creates another ambiguity. MPS and ASUS propose the following construction: "The time-out sequence begins after the first voltage signal has remained above a voltage value determined beforehand for a period of time equal to the duration of the time-out sequence." (RBr. at 13.) This construction involves two predetermined durations of equal measure: first, the voltage signal must exceed a threshold for the predetermined duration in order to initiate the time-out sequence, and then the voltage signal has to remain above that threshold for the same amount of time. This interpretation is not warranted by the words of the claim, and all of the other parties reject it. The phrase "said - 22- PUBLIC VERSION predetermined duration" refers to the previously mentioned duration and does not denote a second, or additional, duration. The Administrative Law Judge concludes that there is only one predetermined duration mentioned in the claim element. Microsemi proposes the following construction: "When said voltage signal exceeds a predetermined threshold throughout said predetermined duration." (MBr. at 36.) The word "throughout" is defined as "through the whole of; in every part of' (Webster's New World College Dictionary, 4th Ed.) and denotes constancy from start to finish. In view of the fact that that the inverter circuit involves alternating current, this is not necessary for purposes of the invention. (CBr. at 26; Tr. at 2527,2566 (Chapman).) There is no intimation anywhere in the intrinsic evidence that the voltage must at all times and in all ways exceed the predetermined threshold. According to the claim element, the time-out sequence occurs when the first voltage signal exceeds a threshold for a predetermined duration. All of the parties expressly agree that the voltage signal must exceed, for an extent of time that is predetermined, a certain threshold. (CBr. at 20-21; RBr. at 13-14; MBr. at 36; SBr. at 21-22.) Accordingly, the Administrative Law Judge construes this portion of the claim element as follows: "when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration." 3. Claim 1, Portion of Element 'g' and Claim 8, Portion of Element 'i'- "shutting down said first switch and said second switch after said predetermined duration" 02 Micro argues that the claimed element "shutting down said first switch and said second switch after said predetermined duration" should mean "turning off the first and second switches after the 'predetermined' duration has elapsed." (CBr. at 26.) - 23 - PUBLIC VERSION ASUS and MPS argue that the claimed element "shutting down said first switch and said second switch after said predetermined duration" should mean "turning off the first and second switches when the time-out sequence has elapsed." (RBr. at 21.) Microsemi does not make any argument with respect to the claimed element "shutting down said first switch and said second switch after said predetermined duration" in its initial post-hearing brief. (MBr. at 30-39.) In its pre-hearing brief, Microsemi had argued that the claim language at issue should mean "disabling the drive circuitry for said first and second switch," although Microsemi appears to have abandoned this argument. (Microsemi Prehearing Brief at 36. See also Ground Rule 11.1.) Staff agrees with 02 Micro that "shutting down said first switch and said second switch after said predetermined duration" should mean "turning off the first and second switches after the 'predetermined' duration has elapsed." (SBr. at 27.) This disputed portion of both claims 1 and 8 of the '382 patent, "shutting down said first switch and said second switch after said predetermined duration," is located in element 'g' of claim 1 and element 'i' of claim 8. The pertinent parts of the surrounding claim language are identical in claims 1 and 8. Elements 'b' through 'g' of claim 1 and elements 'd' through 'i' of claim 8 read- a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; - 24- PUBLIC VERSION a timer circuit coupled to said first feedback signal line for providing a time- out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. (JX-1 at 02ITC 037301-2 (emphasis added).) Under the plain language of the claims, as discussed above in Section III.C.i., the timer circuit is initiated when the first voltage signal exceeds a predetermined threshold. The time-out sequence lasts for a duration determined beforehand, after which the protection circuit (element 'g' of claim 1, element 'i' of claim 8) shuts down the first and second switches if the overvoltage condition persists. Accordingly, a person of ordinary skill in the art would find that the language "shutting down said first switch and said second switch after said predetermined duration" means "turning off the first and second switches after the predetermined duration has elapsed." This finding is consistent with the specification. As discussed above in Section IILC.I., the specification explains, with respect to a preferred embodiment, that the time-out sequence of the timer 64 (shown in Fig. 2) is initiated once the voltage signal, or OVP 66, exceeds the threshold and lasts for a designated duration. (JX-I at 8:40-9:8.) "Drive pulses are disabled once the time-out is reached, thus providing safe-operation output of the converter circuit." (Id. at 9:2-3.) A person of ordinary skill in the art would likely understand that when "drive pulses are disabled" the switches are effectively shut down. (Id. at 2:57-3:7.) The Administrative Law Judge finds that the language proposed by Respondents MPS and ASUS does not as closely track the language of the claims as the language proposed by 02 Micro and Staff. For the reasons discussed above in Section III.C.2, the Administrative Law Judge further rejects MPS and ASUS's argument that 02 Micro's proposed language is - 25 - PUBLIC VERSION confusing because "there are two applicable 'predetermined duration [ s]' introduced by the 'timer circuit' element." (RBr. at 21-22.) 4. Claim 1, Portion of Element 'd' and Claim 8, Portion of Element 'f' "electrically coupled" Respondent Microsemi argues that the term "electrically coupled" should mean "connected by passing electricity between." (MBr. at 30.) 02 Micro, MPS, and ASUS did not construe this limitation in their initial post-hearing briefs. Staff does not object to Microsemi's proposed construction. (SBr. at 28.) As there is no controversy as to the meaning of "electrically coupled," the Administrative Law Judge declines to construe this limitation. Only claim terms in controversy need to be construed, and then only to the extent necessary to resolve the controversy. Vanderlande Indus. Nederland BVv. Int'l Trade Comm., 366 F.3d 1311,1323 (Fed. Cir. 2004); Vivid Tech., Inc. v. American Sci. & Eng'g, Inc., 200 F.3d 795,803 (Fed. Cir. 1999). IV. INFRINGEMENT DETERMINATION A. Applicable Law 1. Direct Infringement. "Determination of infringement is a two-step process which consists of determining the scope of the asserted claim (claim construction) and then comparing the accused product ... to the claim as construed." Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof, Inv. No. 337-TA-604, Comm'n Op. at 36 (U.S.I.T.C., April 28,2009) (citing Litton Sys., Inc. v. Honeywell, Inc., 140 F.3d 1449, 1454 (Fed. Cir. 1998) "Litton"). An accused device literally infringes a patent claim if it contains each limitation recited in the claim exactly. Litton, 140 F.3d at 1454. Each patent claim element or limitation is - 26- PUBLIC VERSION considered material and essential. London v. Carson Pirie Scott & Co., 946 F.2d 1534, 1538 (Fed. Cir. 1991). In a Section 337 investigation, the complainant bears the burden of proving infringement of the asserted patent claims by a preponderance of the evidence. Enercon GmbH v. Int'l Trade Comm'n, 151 F.3d 1376, 1384 (Fed. Cir. 1998). 2. Indirect Infringement. Induced Infringement. "Whoever actively induces infringement of a patent shall be liable as an infringer." 35 U.S.C. 271(b). A patentee asserting a claim of inducement must show (i) that there has been direct infringement and (ii) that the alleged infringer "knowingly induced infringement and possessed specific intent to encourage another's infringement." Minnesota Mining & Mfg. Co. v. Chemque, Inc., 303 F.3d 1294, 1304-05 (Fed. Cir. 2002). The specific intent requirement for inducement necessitates a showing that the alleged infringer was aware of the patent, induced direct infringement, and that he knew or should have known that his actions would induce actual direct infringement. DSU Medical Corp. v. JMS Co., Ltd, 471 F.3d 1293, 1305 (Fed. Cir. 2006) (en banc in relevant part). The intent to induce infringement may be proven with circumstantial or direct evidence and may be inferred from all the circumstances. Id at 1306; Broadcom Corp. v. Qualcomm Inc., 543 F.3d 683, 699 (Fed. Cir. 2008). Contributory Infringement. 35 U.S.C. 271(c) sets forth the rules for contributory infringement: Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination, or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer. - 27- PUBLIC VERSION 35 U.S.C. 271(c). As explained by the Federal Circuit, in order to succeed on a claim of contributory infringement, complainant must show that respondent "knew that the combination for which its components were especially made was both patented and infringing" and that respondent's components have "no substantial noninfringing uses." Cross Med. Prods., Inv. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293,1312 (Fed. Cir. 2005) (citations omitted). B. Analysis of the Accused MPS Products with Respect to the '382 patent. 02 Micro accuses MPS Products MP1015, MP1008, MP1009, MP10091, MP1010B, MP1016, MP1017, MP1018,MP1026, MP1028, MP1037, MPI038, MPI048,MPI060 , MPI061, MPI062, MP1872, MP61093, VN800, VN830 of infringing claims 1,2,4,8,9, and 11 of the '382 patent. (CBr. at 7,33; SFF 47 (undisputed).) 02 Micro asserts that the MP1015 product is representative of all the accused MPS Products because they "include the same basic circuitry and functionality with respect to the overvoltage protection circuit described in the '382 patent claims and that was first present in the MPI015." (Id.; CFF III.C.25, 26.) 02 Micro also accuses MPS Products MP1015, MPlOlOB, MPlOI6, MP1017, MPlOI8, MPI026, MPI028, MPI037, MP1038, MP1048, MP1060, MP1061, MP1062, MP1872, VN800, and VN830 of infringing claims 7 and 14 of the '382 patent. (CBr. at 33.) Only the timer circuit element of the accused MPS Products is contested in the matter of infringement. (CBr. 35; RBr. 27-31; Tr. at 1257 (Flasck).) The accused MPS Products have a timer circuit coupled to a first feedback signal line for providing a time-out sequence of a predetermined duration. (Tr. at 1226-29 (Flasck).) During the normal operation of MPS' s accused Products, the VLFB pin receives 5 volts of direct current on top of which is an alternating current that ranges, plus or minus, 2.5 volts (from 7.5 to 2.5 volts). (Tr. at 1228 (Flasck).) If an open lamp condition occurs (if, for example, the lamp is not struck, or is not connected to the inverter, or is broken (Tr. at 368:5-14 (Lin)), the alternating - 28- PUBLIC VERSION current at the VLFB pin will increase in amplitude and eventually swing below ground, or zero volts, on the negative side ofthe alternating waveform. This is an over-voltage, condition. (Tr. at 1228-29 (Flasck).) When that happens, a comparator, denominated OLF, connected to the VLFB pin will signal the event to a "retriggerable multivibrator" to which OLF comparator is also connected. (Tr. at 1365-67 (Flasck).) Once it is triggered, the multivibrator operates for a span of 150 microseconds. (JX-185C, Moyer Dep. Tr. 93-94.) That time span is restarted each time the multivibrator receives another over-voltage signal from the OLF comparator (Tr. at 1365 (Flasck, even if that should occur before the expiration of an extant ISO-microsecond span. (Tr. at 1366-67 (Flasck).) (Some ofthe MPS devices have "retriggerable multivibrators" that span 190 microseconds, rather than 150.) (Tr. at 1366 (Flasck); CDX-27.) While in its "triggered" state, the multi vibrator activates a current source that charges a capacitor labeled CFT connected to Pin 17 (the fault timer pin) at the rate of one microampere. (Tr. at 1369-70 (Flasck).) The current source will continue to charge the C FT capacitor at that rate for as long as the multi vibrator remains in a "triggered" state. (Id.) If the voltage created by the current charge to the capacitor reaches 1.2 volts, a fault threshold value is met, power to the switches will cease, and the device will shut down. (Tr. at 1385-88 (Flasck).) That takes 0.98 seconds, according to the typical application shown in the MPI015 application notes. (Tr. at 1229 (Flasck); JX-35 at MONO-ITC-00527772, 0052776-77.) In addition to charging the CFT capacitor, the OLF comparator causes another capacitor, labeled CCOMP, to discharge, and this discharge signals the switch control logic to reduce the duty cycles of the power switches. (Tr. at 2040 (Silzars).) The reduction in the duty cycles of the - 29- PUBLIC VERSION power switches decreases the power to the transfonner and, consequently, the voltage across the lamp and at the capacitor divider is reduced. (Tr. at 1373-74 (Flasck); Tr. at 2040 (Silzars).) As the voltage across the lamp is decreased, so is any current flowing through the lamp. (Tr. at 1374 (Flasck).) If the lamp is not ignited at this point, there will be no current flowing through it. (Tr. at 2035-36 (Silzars).) A current regulation circuit connected to the lamp senses, by means of a resistor, either too little or no current through the lamp, and this causes an error amplifier ("EA"), which is part of the current regulation circuit, to tum on a constant current source that sends an electric charge to the CCOMP capacitor. (Tr. at 2028-30 (Silzars).) That charge will increase the voltage of the CCOMP capacitor, and this increased voltage causes the switch control logic to expand the duty cycles of the power switches, thereby increasing power to the transfonner and raising its output voltage to the lamp and the capacitor divider. (Tr. at 2032 (Silzars). ) In a persistent open-lamp condition, the increasing voltage at the VLFB pin will eventually swing below zero again, and the OLF comparator will again trigger the multivibrator, setting the stage for more current to be fed to the CFT capacitor. (Tr. at 2045 (Silzars).) When the MPS Products are started, the voltage amplitude increases with the passage of time, and if not checked, would eventually damage the circuit. (Tr. at 1867 (Moyer).) Because of this recursive process, the voltage at the VLFB pin oscillates across the zero threshold and, therefore, does not continually exceed that threshold for a predetennined duration. This oscillation of voltage is called squegging. (Tr. at 2045-46 (Silzars).) It is Complainants' contention that, despite the squegging behavior of the voltage at the VLFB pin, the MPS Products infringe the timer circuit element of claims 1 and 8 of the '382 patent. They argue, based on testimony of their expert on claim construction and infringement, - 30- PUBLIC VERSION Richard Flasck, that the "first voltage signal"8 in the case of the MPI015, as well as the other MPS Products, is represented by an alternating current waveform. (CBr. at 35.) They say that, during an over-voltage condition, the first voltage signal at the VLFB pin is simply a modulated waveform, by reason of its periodically increasing and decreasing in value. (ld.) They argue that peak-to-peak voltage is the best way to characterize amplitude modulated signals such as that presented to the VLFB pin, and that it is the waveform that constitutes the voltage signal, because the waveform carries information regarding an over-voltage condition. (Id. at 36.) Complainants also argue that instantaneous voltage of a pure sinusoidal alternating- current waveform and a modulated alternating-current waveform will change up and down with the passing of time and, for that reason, instantaneous voltage is not a useful measure for detecting when an over-voltage signal exceeds a threshold. (ld.) They say that the only reasonable way to characterize a squegging waveform is by its peak-to-peak voltage. (!d.) Further, they argue that in an open lamp condition the VLFB pin of the MPS Products will swing below zero volts, and when that happens, the inverter controller regulates the VLFB to ten volts peak-to-peak, and a one microampere current source will inject into the fault timer pin. (ld. at 37.) In reply, MPS says that a waveform is not a voltage signal; that Complainants' arguments amount to an abstract characterization of what a "first voltage signal" is, contrary to the plain language ofthe asserted claims; that Complainants' claim construction conflicts with their domestic industry analysis, where Complainants interpret "first voltage signal" as the voltage signal across the capacitor divider that is received at the OVP, Pin 2; and that Complainants' construction conflicts with the description of "first voltage signal" contained in the specification. 8 The "first voltage signal" is distinguished from the "second voltage signal" mentioned in other claims ofthe '382 patent, which performs a separate function. (See, for example, claim 11.) - 31 - PUBLIC VERSION (RBr. at 10.) Furthermore, they argue that Complainants' discussion of waveforms as a first voltage signal is a veiled attempt to inject an infringement analysis that is based on the doctrine of equivalents, which was not presented by Complainants' expert witness in his expert's report. (ld. at 10-11.) Staff argues that the accused MPS Products do not satisfy the timer circuit limitation of claims 1 and 8, because those accused Products regulate the voltage signal in a way that causes it to oscillate and, therefore, it does not consistently exceed a predetermined threshold for a predetermined duration. (SBr. at 34.) Staff argues that "the MPS products actually shut down regardless of whether the voltage signal exceeds the threshold for the predetermined duration, so long as the signal exceeds the threshold often enough to keep the timer running." (SRBr. at 15.) Staff, like MPS and ASUS, finds that Complainants' argument that the MPS Products meet the timer circuit limitation of the '382 patent despite the fact that their voltage signal squeggs is essentially one of equivalency. (SRBr. at 16). Staff also says that Complainants' arguments with respect to the nature of the claimed voltage signal are contradictory insofar as when a voltage signal should be considered a waveform and when it should not. (ld at 16-17.) Staff criticizes Complainants' argument that the over-all peak-to-peak voltage is the criterion for establishing whether the voltage signal exceeds the threshold, on the basis that it makes meaningless the phrase "for said predetermined duration." (Id at 18.) Voltage is electromotive force or potential difference expressed or measured in volts or in multiples or divisions thereof. (SX-l:1185; 2:2142; 4:27-28.) Due to their impedance characteristics before ignition, cold cathode fluorescent lamps are subjected to high voltage. (JX-l at 7:21-24.) The voltage referenced in the timer circuit element of claims 1 and 8 of the - 32- PUBLIC VERSION '382 patent is that which is required to ignite cold cathode fluorescent lamps, but less than the rated voltage ofthe transformer. (Id at 8:55-57.) The amount of voltage, or the number of volts, needed to ignite cold cathode fluorescent lamps varies, depending on several factors, such as the dimensions of the lamps, their ages, and temperature. (Tr. at 369,396-97,401 (Lin); Tr. at 2151-52 (Silzars).) Some latitude, in terms of time and magnitude, has to be allowed in order for voltage to ignite different sized lamps under varying conditions and circumstances. (Id.) However, given the fact that too much voltage can engender harmful current that could damage various elements of the inverter and related components, including the transformer, a limit has to be put on the amount of voltage permitted to be delivered by the transformer to the lamps. (Tr. at 388,396-97 (Lin).) According to Complainants' expert witness, Melving Mercer, Ph.D., it is peak voltage that causes damage. (Tr. at 2657 (Mercer).) None of the parties has sought construction of the term "voltage signal." According to Mr. Flasck, the term, as understood by a person of ordinary skill in the art, requires no construction. (Tr. at 1641 (Flasck).) He testified that a waveform is a voltage signal and that peak-to-peak voltage is the proper way to measure that signal. (Tr. at 1348 9 (Flasck).) On the other hand, Dr. Silzars, the electrical engineer who testified for MPS and ASUS, says that it is instantaneous voltage, and not the waveform, that constitutes the voltage signal. (Tr. at 2055 (Silzars).) Dr. Mercer, also an electrical engineer, testified that, although the terms "voltage signal" and "voltage waveform" are two different things, the "underlying meaning associated with voltage waveforms" is the "voltage signal." (Tr. at 2653-54 (Mercer).) By way of example, he 9 This citation excludes lines 19-20 as they were stricken from the record. (See Order No. 48 at 6.) - 33 - PUBLIC VERSION testified that a traffic light that displays red is a voltage waveform that is perceived by the retina, but the signal is the message conveyed by the waveform, which is to stop. (Id. at 2656.) There is no mention of the word "waveform" in either the claims or the specification of the '382 patent. (JX-l; RBr. at 10.) Language contained in other claims or in the specification can be a valuable source of enlightenment as to the meaning of a disputed claim term. Phillips, 415 F. 3d at 1314-15. Although the '382 patent does not define the term "first voltage signal" in claims 1 and 8, claim 3 does contain the following language: A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 wherein said predetermined threshold represents a value of said voltage across said cold cathode fluorescent lamp greater than a minimum striking voltage of said cold cathode fluorescent lamp and less than a rated voltage of said step-up transformer. (JX-l at 11:22-26.) Also, the specification contains the following statement: An overvoltage protection can be provided to receive a voltage signal from across the load and the first output signal and compare the voltage signal from across the load and the first output signal, to control the pulse generator based on the value of the voltage signal from across the load. (ld. at 4:42-48.) Both of these citations use the word "value" in referring to "voltage signal." Claim 3 specifies that the threshold represents a "value" of said voltage across the lamp and the quoted specification uses the term "value" in reference to the "voltage signal from across the load," when describing what constitutes overvoltage for purposes of the protection circuit. (ld.) Dr. Mercer testified that it is peak amplitude of voltage that causes damage. (Tr. at 2657 (Mercer).) Peak amplitude is consistent with the word "value" as applied to a "voltage signal" in the specification: protection against damage that can be caused by an excessive voltage when the value of that voltage exceeds a threshold. - 34- PUBLIC VERSION According to the application notes for the MP1015, the threshold value for voltage protection is zero: "When the Vpk- ofVLFB is below OV, open_lamp protection will work." (JX-35 at MONO-ITC-00527779.) The zero threshold ofthe MPS Products is peak value ("Vpk"). The application notes also contain the following comments: Fault Protection Open Lamp: The VLFB pin (#18) is used to detect whether an open lamp condition has occurred. During normal operation the VLFB pin is typically at 5V DC with an AC swing of 2.5V. If an open lamp condition exists then the AC voltage on the VLFB line will swing below zero volts. When that occurs, the IC regulates the VLFB voltage to 10V p-p and a lilA current source will inject into the FT pin. If the voltage at the FT pin exceeds 1.2V, then the chip will shut down. (JX-35 at MONO-ITC-00527775.) This says that when an open lamp condition occurs, the voltage on the VLFB line will swing below zero volts, and when it does, the inverter circuit will regulate the voltage to IOV p-p (peak-to-peak). It is peak voltage (Vpk- ofVLFB is below zero), not peak-to-peak voltage (10V p-p), that constitutes the voltage signal for starting the voltage protection circuit of the accused MPS Products. Once the voltage swings below zero, which is the threshold for the MPS accused inverters, the inverters regulate the VLFB voltage to ten volts peak-to-peak ("1 OV p-p"). According to Mr. Flasck, that means the voltage will oscillate between ten and zero volts. (Tr. at 1228 (Flasck).) However, zero is the threshold, and so long as the voltage is regulated within the ten and zero volts peak-to-peak, voltage does not exceed the zero threshold. Although Complainants point out in their reply brief that James Moyers acknowledged during his testimony that, according to Exhibit RX-343C (at PEGA-ITC-00350670), there is no squegging waveform demonstrated (CRBr. at 13-14), that exhibit shows a sinusoidal waveform - 35 - PUBLIC VERSION at OV, whose peak-to-peak voltage ranges from 0 to above 5 (presumably to 10, although the upper value is not mentioned). (Id.) This is consistent with the fact that the voltage is being regulated, as designed. Complainants also argue in their reply brief that, according to Exhibit RX-117, several of the MPS Products, including MPI01OB, MPlOI5, MPlOI6, MPI017, MP1026, and MPI028, do not show apparent squegging, and every cycle of the OV waveform exceeds the threshold throughout the predetermined duration. (CRBr. 13.) However, that statement is both contradicted and explained by Dr. Silzars during his testimony at the hearing. According to his testimony, the oscilloscopic tests show that those products manifest squegging behavior. (Tr. at 2053 (Silzars); RDX-230.) The various exhibits referred to by Dr. Silzars during his testimony about squegging of the MPS Products show waveform traces at different time scales (in some cases, measured in microseconds, and in other cases, measured in milliseconds), and not every time scale of a waveform trace depicts squegging, nor need it do so. Mr. Flasck confirms that whether or not squegging is disclosed in the traces of oscilloscopic exhibits depends on the time scale at which the oscilloscope records them. (Tr. at 1676-79 (Flasck).) In the case of Exhibit RX-117, as depicted in RDX-230, Dr. Silzars specifically made reference to the waveform trace at the C COMP capacitor to illustrate the sudden discharge of current from the capacitor, as one facet ofthe circuit design that contributes to the squegging behavior of the products. (Id.) Therefore, Complainants' argument, that the Products mentioned infringe even under MPS's proposed claim construction, based on Exhibit RX-117, does not overcome Dr. Silzars' testimony that squegging behavior is present in each of the MPlOI0B family of Products. - 36- PUBLIC VERSION According to Mr. Flasck, an overvoltage condition with respect to the MPS Products occurs "when you get an oscillating wavefonn that goes up above 10 volts and down below 5 volts." [sic] (Tr. at 1228 (Flasck).) He says that the way these products detect when the threshold is exceeded, is actually to measure the instantaneous voltage at the pin. And when the instantaneous voltage at the pin goes down below zero, this is the detection method, that means that the-that the threshold of a 10-volt peak to peak signal on the pin has been exceeded. And when that happens, this says that it-it-it turns on the 1 micro amp current source and begins to charge the time-out pin. So the threshold is 10-volt peak to peak. (Tr. at 1229 (Flasck).) He repeats this opinion later during his cross-examination: Therefore, the threshold that is referred to must be peak-to-peak threshold. And in point of fact, it's even-that's even said in, I believe, it's the MP1015 data sheet. It mentions that the lO-volt peak-to-peak threshold as the threshold of the signal. (Tr. at 1349 (Flasck).) Actually, the MP1015 data sheet says the "IC regulates the VLFB voltage to 10V p-p" if the AC voltage on the VLFB line swings below zero. (JX-35 at Mono-ITC- 00527775.) However, according to claims 1 and 8, the predetennined threshold must be exceeded for the predetermined duration. In the case of the MPS accused inverters, according to Mr. Flasck, when a zero volt "detection" threshold is exceeded, the inverters regulate the voltage to 10 volts peak to peak; that is, 10 volts to 0 volts (Tr. at 1228-29 (Flasck).) Although he acknowledges that, for purposes of "detection," a zero-volt threshold must be exceeded (that is, instantaneous voltage must actually swing below zero), he does not explain how a voltage wavefonn that is being regulated to 10 volts peak to peak, as the MP1015 and related accused MPS inverters are, exceeds a threshold having those parameters. He explained his conclusions about infringement of the '382 patent's timer circuit element in claims 1 and 8 by the MPS accused inverters this way: But in all the cases that I looked at and all the MPS products that I examined, when they go into-when there's an overvoltage condition, the-the - 37- PUBLIC VERSION part does cause it to squeg, that squegging waveform is the overvoltage waveform, and in every case, the detection method may vary one way or another, but in every case, there's a trigger when the peak-to-peak voltage of the waveform is exceeded. So that peak-to-peak waveform is the predetermined threshold. And once that peak-to-peak waveform is exceeded, there are mechanisms inside the chip that we talked a little bit about yesterday with the comparator and the one-shot multivibrator, you know, where it continually checks and makes sure that the waveform is continuing to exceed that threshold. And after a predetermined time for a persistent fault, that is an overvoltage fault that continues, then the timer circuit notifies the protection circuit that it should shut down the chip. So it's my analysis that the timer circuit element is satisfied by all of the MPS chips. (Tr. at 1349-50 (Flasck).) Mr. Flasck does not explain what segment (how much) of the waveform he considered when he concluded that it exceeds the threshold for purposes of his infringement analysis. According to him, only some of the alternating current's peaks have to exceed the threshold. Although the accused Products' multivibrator has a time span of 150 or 190 nanoseconds during which it continues to activate a constant current source that charges the fault capacitor at a rate of one microampere (which allows the fault timer to continuously be charged so long as the OFL comparator is retriggered at least once every 150 nanoseconds), Mr. Flasck does not explain how, given the regulation function of the devices, the voltage signal continually-as opposed to periodically- exceeds the threshold. However, he did testifY that as long as the zero threshold is exceeded at least once within the 150 or 190 nanosecond span of the multivibrator, the fault timer will continue to receive current from the current source which will increase the voltage to the fault comparator and eventually cause a shut down of the power switches. (Tr. at 1793-94 (Flasck).) - 38- PUBLIC VERSION Dr. Silzars testified that a voltage waveform is a representation of instantaneous voltage recorded constantly over a span oftime. (Tr. at 2055,2143-44 (Silzars).) At any given instant, voltage of an alternating current has amplitude. (Id) This amplitude changes with the passage oftime, one instant to the next. (Id) As a current's polarity changes, the voltage amplitude changes in the course of going from either positive to negative or vice versa. (Id) Mr. Flasck said he relied on the data sheets and the application notes, primarily, for forming his opinions, plus some schematics and the deposition testimony of the MPS designers. (Tr. at 1203 (Flasck).) Therefore, his conclusions and inferences were drawn from those sources, but were not independently verified by him through scientific testing. Dr. Silzars testified that he tested MPS products that were representative of the accused MPS Products "using a Tectronics [sic] oscilloscope." (Tr. at 2048-49 (Silzars).) He concluded that none of the accused MPS Products infringe the '382 patent, because their timer circuits do not provide a time-out sequence of a predetermined duration when the first voltage signal exceeds a predetermined threshold for a predetermined duration, because of the squegging behavior of the devices. (Tr. at 2024-25 (Silzars).) He testified that, based on his oscilloscope tests, all of the accused MPS Products exhibit squegging, which results in their alternating current waveforms rising above and falling below the threshold. (Tr. at 2049 (Silzars).) He testified that he disagrees with Mr. Flasck with respect to his testimony that the voltage signal need only exceed a threshold occasionally in order to meet the limitation of the timer circuit element. (Tr. at 2054 (Silzars).) Dr. Silzars testified that he conducted his oscilloscopic tests while there were no lamps connected to the tested inverter circuits. (Id.) This is considered an open-lamp condition. (Tr. at 368:5-14 (Lin).) During his testimony, Dr. Silzars referred to graphs produced in connection - 39- PUBLIC VERSION with his tests, depicting waveforms that display squegging behavior (Exs. RDX-227-231). (!d.) He testified that squegging is a periodic variation in a waveform, in which case amplitude increases and decreases. (Tr. at 2024 (Silzars).) Although all of the instantaneous voltage of an alternating waveform does not have to exceed the predetermined threshold for the predetermined duration of the timer circuit in order to satisfy the limitations of claims 1 and 8 of the' 3 82 patent for purposes of infringement, the peak voltage does. Inasmuch as peak voltage constitutes the maximum amplitude of a waveform, if the peak voltage of an alternating current waveform does not exceed the threshold for the predetermined duration, the timer circuit element is not satisfied. Dr. Mercer points out in his testimony that it is peak voltage that causes damage. (Tr. at 2657 (Mercer).) Dr. Silzars testified that a voltage signal is simply voltage recorded at some point in time at some location on the circuit (Tr. at 2143 (Silzars)); it is one point on a waveform. (ld. at 2055 (Silzars).) The testimony of Mr. Flasck does not establish that, when the predetermined threshold of the accused MPS Products has been exceeded by peak voltage, in each instance thereafter the peak voltage continues to exceed the zero threshold for the predetermined duration of the time-out. The testimony of Dr. Silzars establishes that they do not. (Id. at 2024-25 (Silzars).) Mr. Flasck's opinion with respect to infringement of the '382 patent by the accused MPS Products is that, because peak voltage exceeds the zero threshold often enough to keep re- triggering the multi vibrator for a period of time sufficient to cause a constant current source to charge the fault capacitor to a voltage level of 1.2 volts, which will result in the system shutting down, the timer circuit element is satisfied. It is his opinion that even if a squegging waveform were to exceed the requisite threshold only once, that would constitute an infringement of the '382 patent. (Tr. at 1791-92 (Flasck).) That conclusion, however, does not adhere to the plain - 40- PUBLIC VERSION and ordinary meaning, as understood by a person of ordinary skill in the art, of the phrase "for said predetermined duration." (Tr. at 2054-55 (Silzars).) Because of the squegging behavior of all of the accused MPS Products, as established by the oscilloscopic tests conducted by Dr. Silzars, the Administrative Law Judge concludes that none ofthe accused MPS Products infringes independent claims 1 and 8 and, consequently, any of the remaining claims that depend from them. Claims 1,2,4, 7, 8, 9, 11, and 14 have been asserted by Complainants against MPS. (CBr.33.) Claims 1,2,4, and 7 pertain to inverter circuits. Claims 8, 9, 11, and 14 pertain to liquid crystal displays using those circuits. (Id.) Claims 7 and 14 pertain to the use of inverter controllers or drivers employing full-bridge topology. (Id.) MPS's infringing products include inverter circuits employing full-bridge topology. (Id.) The infringing drivers include the MPI015, MPI0I0B, MPI016, MPI017, MPI018, MPI026, MPI028, MPI0 60, MPI061, MP1062, VN800 and VN830. (Id.) The infringing MPS inverter controllers include the MPI038, MPlO08, MPlO09, MPI0091, MPI037, MPI048, MP872, and MP61093. (Id.) The MPI015 is representative of all of the accused MPS Products for purposes of infringement. (Tr. at 1214 (Flasck).) The inverter drivers incorporate the power transistors (switches) the drive the primary side of a step-up transformer, and the inverter controllers use external power transistors to drive the primary side of the transformer. (Id.) 1. Claim 1. This claim reads as follows: 1. A DC to AC cold cathode fluorescent lamp inverter circuit, comprising: [a.] a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp; [b.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; - 41 - PUBLIC VERSION [c.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; [d.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; [e.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [f.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [g.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. (JX-l at 10:37-11: 16.) Because of the squegging behavior, described above, of all of the accused MPS Products, as demonstrated by the oscilloscopic tests conducted by Dr. Silzars, the Administrative Law Judge concludes that none of the accused MPS Products meets the limitation of the timer element of claim 1. As to the other elements of claim 1, according to the unrebutted testimony of Richard Flasck, they are met by the accused MPS Products, as represented by the MPI015. (Tr. at 1222-31 (Flasck).) 2. Claim 2. This claim reads as follows: 2. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. (JX-l at 11: 17-20.) According to the unrebutted testimony of Richard Flasck with respect to the accused MPS Products, again as represented by the MP1015, the predetermined duration described in claim 1 and referred to in claim 2, as the construction of that term has been agreed upon by the parties to this Investigation, is sufficient for ignition of the cold cathode fluorescent - 42- PUBLIC VERSION lamp, when the circuit is properly operating. (Tr. at 1231-32 (Flasck).) Thus, the evidence is sufficient to establish that the accused MPS Products meet the additional limitations of claim 2; however, because they do not satisfy the timer element of claim 1, they do not infringe dependent claim 2. 3. Claim 4. Claim 4 reads as follows: 4. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 11:27-43.) According to the testimony of Richard Flasck, the MPI015 representative inverter circuit includes a sense resistor that meets the limitations of claim 4 ofthe '382 patent. (Tr. at 1232-34 (Flasck).) He also testified that the MP1015 includes a second feedback signal line coupled to the sense resistor for receiving the second voltage signal from the sense resistor and representing current through the lamp. (ld. at 1234.) And he testified that it also has a feedback signal line for adjusting power to the lamp. (ld. at 1234-35.) For these reasons he concluded that the MP 1 0 15 meets all of the elements of claim 4 and thus infringes the' 3 82 patent. (Id at 1236.) Respondent MPS has not specifically challenged Complainants' allegation that the accused MPS Products infringe the additional limitations of claim 4 and, therefore, with respect - 43- PUBLIC VERSION to the additional limitations of claim 4, they are unrebutted. However, because claim 4 also depends from claim 1, which has been found not to be infringed by any of the accused MPS Products, for that reason it is concluded that claim 4 is not infringed by any of the accused MPS Products. 4. Claim 7. Claim 7 reads as follows: 7. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: [a.] a third switch coupled to said first switch and said step-up transformer for providing a first electrical path through said-up transformer to ground when said third switch and said first switch are simultaneously on; [b.] a fourth switch coupled to said second switch and said-up transformer for providing a second electrical path through said step-up transformer to ground when said fourth switch and said second switch are simultaneously on; [c.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [d.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [e.] a feedback control circuit coupled to said second feedback signal line, said first switch and said third switch for adjusting time when said third switch and said first switch are simultaneously on such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 11:55-12:13.) Richard Flasck testified that the MP 1 0 15 is representative of all of the accused MPS Products for purposes of infringement, with exception of claims 7 and 14, which are not asserted against the MPI008, MPlO09, MPI0091 and MP6109, because they are not used in full-bridge (two pairs oftransistor switches) inverter circuits. (CBr. at 33; Tr. at 1317, 1425-25.) He testified that, with respect to the remaining accused MPS Products, each of the elements of this - 44- PUBLIC VERSION claim is included in those products. (Tr. at 1236-39 (Flasck).) MPS does not specifically challenge or refute Mr. Flasck with respect to his assertions that the additional elements of claim 7 are included in the identified products, and in that respect his testimony is uncontested. However, because claim 7 depends from claim 1, for the same reason that the MPS' s accused Products do not infringe claim 1, it is concluded that they also do not infringe claim 7. 5. Claim 8. Claim 8 reads as follows: 8. A liquid crystal display unit comprising: [a.] a liquid crystal display panel; [b.] a cold cathode fluorescent lamp for illuminating said liquid crystal display panel; [c.] a step-up transformer with a primary winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; [d.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; [e.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; [f.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; [g.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [h.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [i.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. - 45- PUBLIC VERSION (JX-l at 12:14-44.) Claim 8 is an independent claim under the '382 patent; however, it includes the elements of claim 1 but adds a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp. Richard Flasck testified that the representative MP 1 0 15 comprises a liquid crystal displp.y unit and all of the other elements of claim 8. (Tr. at 1240-41 (Flasck).) For these reasons, Mr. Flasck opined that the accused MPS Products infringe claim 8. MPS does not dispute that the MPI015 comprises a liquid crystal display unit. It disputes that its accused Products infringe claim 8 for the same reasons that it disputes that its Products infringe claim 1: they do not meet the limitations of the timer circuit element of claim 8 because they do not provide a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a predetermined duration. For the same reasons given above for finding that the accused MPS Products do not infringe claim 1, it is concluded that those Products also do not infringe claim 8 of the '382 patent. 6. Claim 9. Claim 9 reads as follows: 9. A liquid crystal display unit as claimed in claim 8 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. (JX-l at 12:44-47.) Richard Flasck said that his testimony concerning Claim 9 would be the same as the testimony he gave with respect to claim 2 (the two claims are similar except that claim 9 adds a liquid crystal display); therefore, that testimony was adopted by reference. In opposition, MPS and Staff generally take the same position with respect to this dependent claim as they do with respect to claim 2, which is that the accused MPS Products do not infringe, because they do not comprise a timer circuit that provides a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a - 46- PUBLIC VERSION predetermined duration. (RBr. at 27-34; SBr. at 34-39.) The Administrative Law Judge concludes, on the basis of his analysis above with respect to claim 1, that the accused MPS Products do not include an element of the timer circuit of claim 9, which requires that a first voltage signal exceed a predetermined threshold for a predetermined duration, and therefore do not infringe this claim. 7. Claim 11. Claim 11 reads as follows: 11. A liquid crystal display unit as claimed in claim 8 further [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 12:55-13:3.) Claim 11 depends from claim 8 and is identical to claim 4, with the addition of a liquid crystal display unit. Here again, MPS and Staff dispute that the MPS accused Products infringe this claim, for the same reasons they give for non-infringement ofthe preceding claims: the accused Products do not include a timer circuit that comprises a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for said predetermined duration. For the same reasons already given as to why claims 1,4, and 8 are not infringed by the accused MPS Products, it is concluded that claim 11 is not infringed by them. - 47- PUBLIC VERSION 8. Claim 14. Claim 14 reads as follows: 14. A liquid crystal display unit as claimed in claim 8 further comprising: [a.] a third switch coupled to said first switch and said step-up transformer for providing a first electrical path through said step-up transformer to ground when said third switch and said first switch are simultaneously on; [b.] a fourth switch coupled to said second switch and said step-up transformer for providing a second electrical path through said step-up transformer to ground when said fourth switch and said second switch are simultaneously on; [c.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp: [d.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [e.] a feedback control circuit coupled to said second feedback signal line, said first switch and said third switch for adjusting time when said third switch and said first switch are simultaneously on such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 13:15-40.) Claim 14 depends from claim 8. It is similar to claim 7 with the addition of a liquid crystal display unit. There is no dispute the accused MPS Products can be used with a liquid crystal display unit. Richard Flasck testified that the MP 1 0 15 is representative of all of the accused MPS Products for purposes of infringement, with exception of claims 7 and 14, which are not asserted against the MPI008, MPI009, MPI0091 and MP6109, because they are not used in full-bridge (two pairs of transistor switches) inverter circuits. (CBr. at 33; Tr. at 1317, 1425- 25 (Flasck).) He testified that, with respect to the remaining accused MPS Products, each of the elements this claim is included in those Products. (Id at 1236-39 (Flasck).) MPS does not specifically challenge or refute Mr. Flasck with respect to his assertions that the additional - 48- PUBLIC VERSION elements of claim 14 are included in the identified products, and in that respect his testimony is uncontested. However, because claim 14 depends from claim 8, for the same reason that the MPS's accused Products do not infringe claim 1, it is concluded that they also do not infringe claim 14. 9. Conclusion. 02 Micro alleges that the accused MPS Products infringe the '382 patent with respect to several of the claims therein, in some instances directly, and in other instances indirectly. In each instance, and for the reasons given above, the Administrative Law Judge concludes that none of the accused MPS Products infringes any ofthe claims of the '382 patent. MPS and ASUS additionally argue that several of their accused products are configured to determine whether the voltage drops below a reference for the comparator. They identify the following accused products as having this feature: MPI01OB, MPlOI5, MPlOI6, MPlOI7, MPI018, MPI026, and MP1028. (RBr. at 32.) These respondents note that 02 Micro, in a previous federal court action, took the position with respect to a different, but related, patent that the word "exceeds" should be construed to mean "above" and, further, that after the court in that case agreed with 02 Micro and entered an order to that effect, 02 Micro submitted a copy of that order to the PTO during the prosecution of the '382 patent. For these reasons, MPS and ASUS argue that a person of ordinary skill in the art, upon reviewing the '382 prosecution history, would be on notice that "exceeds" means "above." (Jd.) Thus, they argue, the just-identified MPS Products do not meet the limitations of independent claims 1 and 8 because they do not exceed a predetermined threshold. (Jd. at 32-33.) To this argument, 02 Micro responds that, according to MPS and ASUS's expert, Aris Silzars, Ph.D., most of the accused products do go above the threshold. Second, they say Dr. - 49- PUBLIC VERSION Silzars confused the predetermined threshold of the overvoltage with the reference voltage of the detection method. And last, they argue that the fact that the signal is conditioned in the MPS Products makes no difference in determining whether the 10 volt peak-to-peak threshold is exceeded. (CBr. at 71.) Staff says that there is no difference between detecting the "peak" and detecting the "valley." Thus the accused products detect when the voltage signal exceeds a threshold. (SBr. at 40.) The Administrative Law judge concludes that MPS and ASUS' s argument on this point lacks merit. Inasmuch as alternating current is involved, voltage that falls below, rather than rising above, a threshold, still exceeds a predetermined value established for determining an overvoltage condition in accordance with the '382 patent. C. Analysis of the Accused ASUS Products with Respect to the '382 patent. 02 Micro identifies the ASUS Products listed in CX-403C and attached hereto as Appendix A as infringing some or all of claims 1,2,4, 7, 8, 9, 11 and 14 ofthe '382 patent because they incorporate accused MPS Products. (CBr. at 7-8, 48-53; CFF III.C.II7I; CFF III.C. 1173; CFF III.C.II84; CFF III.C.II75-76.) 02 Micro asserts that the ASUS Products that contain the MPS MPlO09 and MPI038 inverter drivers infringe claims 1,2,4,8,9, and 11 of the '382 patent. (CBr. at 48-53.) According to 02 Micro, the ASUS Products that contain the MPS MPlOIOB, MPlOI5, MPIOI7, MPIOI8, MPI037, MPI060, and MPI872 inverter drivers infringe claims 1,2,4, 7, 8,9, 11, and 14 ofthe '382 patent. (Id) The accused ASUS Products include monitors and notebooks, which are identified in CX-403C. All of the accused ASUS Products include LCD's. 02 Micro classifies these accused Products into four categories: notebooks that contain boards and controllers; monitors and - 50- PUBLIC VERSION "EeeTops"; notebooks that include inverter boards that incorporate MPS controllers and drivers; and combinations of inverter boards and controllers. All of these Products allegedly infringe the '382 patent. (CBr. at 48.) For its infringement evidence, 02 Micro relies substantially on the testimony of Richard Flasck who disassembled, inspected, or reversed engineered three ASUS monitors, an EeeTop 1602, a VHI96T, and an LS221. He also inspected a disassembled ASUS model F5RL notebook and reviewed technical information (schematics) relating to the accused ASUS Products. (Tr. at 1442-43 (Flasck).) He concluded that, by reason of these products' inclusion of one or another of the accused MPS inverter controllers or drivers, they, too, infringe the '382 patent. He specifically mentioned the EeeTop, which utilizes the timer and protection circuit elements of the MP10091 , as infringing claim 1 of the '382 patent. (Id at 1410-12.) He testified that this product also infringes claim 2 and claim 4 (id. at 1413-14), as well as claims 8, 9, and 11. (Id at 1415-17). Richard Flasck testified that a VH196T monitor he analyzed, which uses an MPI0I0 inverter driver, infringes claims 1,2,4,8,9, and 11. (Tr. at 1427 (Flasck).) He testified that his infringement analysis ofMPS's MPI009, which incorporates his analysis of the MPI015, also applies to the VHI96T. (Id.) As regards the ASUS LS221 monitor he analyzed, which uses an MPI038 inverter driver, Mr. Flasck concluded that it infringes claims 1,2,4,8,9, and 11. He adopted his analysis of the MP1038, which incorporates his analysis of the MP1015, for his conclusions that the LS221, with the addition of its LCD display, infringes all of these claims. (Tr. at 1427-28 (Flasck).) Mr. Flasck testified that his analysis of the ASUS model F5RL led him to conclude that it infringed each of the asserted claims. (Tr. at 1432-33 (Flasck).) He said the inverter board of - 51 - PUBLIC VERSION this product uses an MPI0I0B inverter controller. (Id. at 1433.) He based his infringement analysis of this product on his analysis of the MPI015 which is representative of his analysis of the MPlOI0B. (Id at 1435.) According to Mr. Flasck, the ASUS Products identified in CX-403C that have inverter modules that use the MPlO09 inverter driver infringe claims 1,2,4,8,9, and 11 of the '382 patent. (Tr. at 1431 (Flasck).) He said that he based his infringement conclusions on a review of schematics CX-80C and CX-78C as well as his infringement analysis of the MPI009 inverter controller. (Id. at 1430.) He came to the same conclusions as to infringement of those claims, as well as claim 14, by those identified ASUS Products that use the MP 1 0 lOB inverter driver (Tr. at 1431), the MPI015 inverter driver (Tr. at 1435), the MPI017 inverter driver (Tr. at 1441), the MPlO18 inverter driver (Tr. at 1436-37), the MP1872 inverter driver (Tr. at 1438), the MP1037 inverter controller (Tr. at 1438-39), and the MPI060 inverter driver (Tr. at 1440). Without separately discussing each of the accused ASUS Products, MPS, ASUS, and Staff address the issue of alleged infringement of the '382 patent by concentrating on the fact that independent claims 1 and 8, which require a timer circuit, which provides a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a predetermined duration, is not met by any of the ASUS Products, because it is not met by any of the MPS inverters used in them. (RBr. at 27-31; SBr. at 33-39.) The ASUS Products at issue are accused of infringing the '382 patent because oftheir use of accused MPS inverters. Although the accused ASUS Products include additional circuits, components, and features, absent the accused MPS inverters, they are not alleged to infringe the '382 patent. Consequently, for the same reasons mentioned above as to why the accused MPS - 52- PUBLIC VERSION Products do not infringe the '382 patent, it is concluded that the accused ASUS Products do not infringe. 1. Claim 1. ASUS EeeTop Unit. Because of the squegging behavior of all of the accused MPS Products, as demonstrated by the oscilloscopic tests conducted by Dr. Silzars, the Administrative Law Judge concludes that the MP10091, on which Richard Flasck based his opinion that ASUS's EeeTop product infringes the '382 patent (Tr. at 1222-31 (Flasck)), does not meet the limitation of the timer element of claim 1 and, therefore, the accused ASUS EeeTop products do not infringe the '382 patent. ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH196T Monitor uses an MP1009 inverter driver. Therefore, his infringement analysis for the MPlO09, which incorporates his analysis of the MP1015, applies to the VH196T, with the additional consideration that the VH196T it includes a liquid crystal display ("LCD"). (CBr. at 50.) Because the MP1015 does not meet the timer circuit element, the Administrative Law Judge concludes that the accused VH196T does not infringe independent claim 1 of the '382 patent. ASUS LS221 Monitor. Richard Flasck testified that he analyzed the ASUS LS221 Monitor and concluded that it infringes claim 1 of the '382 patent. (CBr. at 50-51.) The product uses an MP1038 inverter driver. Therefore, he testified, his infringement analysis of the MP1038, which incorporates his analysis of the MP1015, applies to the LS221, with the additional consideration that the LS221 is a LCD. (Jd.) - 53 - PUBLIC VERSION Because of the squegging behavior of all of the accused MPS Products, as demonstrated by the oscilloscopic tests conducted by Dr. Silzars, the Administrative Law Judge concludes that the MPI038, on which Richard Flasck based his opinion that ASUS's LS221 Monitor infringes the '382 patent, does not meet the limitation of the timer element of claim 1 and, therefore, the accused ASUS LS221 Monitor does not infringe the '382 patent. ASUS F5RL Notebook. A schematic of the ASUS F5RL Notebook was prepared by 02 Micro and reviewed by Richard Flasck. (CBr. at 51.) This product uses a MP1010B inverter driver. (Tr. at 1433.) Richard Flasck concluded that this product literally infringes all of the asserted claims of the '382 patent because of its use of the MPIOlOB. (Tr. at 1433-35.) Inasmuch as Richard Flasck basis his infringement analysis on the product's use of the MP1010B inverter driver, the Administrative Law Judge concludes that his testimony is not supported by the evidence because the MP 1 0 1 OB does not provide a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a predetermined duration. Therefore claim 1, which includes a timer circuit having those limitations, is not met by the accused product. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPlO09, MPI01OB, MP1015, MP1017, MP1018, MP1872, MPI037, and MP1060. (CBr. at 51-53.) Richard Flasck testified that these products also infringe the '382 patent. (Id.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the - 54- PUBLIC VERSION aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 1, they do not infringe. 2. Claim 2. ASUS EeeTop Unit. Richard Flasck testified that the EeeTop 1602 infringes claim 2. He based his opinion on measurement of the time-out capacitor used on the inverter module in the EeeTop 1602, which is longer than the required ignition time for the lamp. (Tr. at 1412-13.) In this respect, Richard Flasck's testimony is unrebutted. The Administrative Law Judge therefore concludes that while the accused EeeTop 1602 does satisfy the additional limitations set forth in claim 2 of the '382 patent, because it does not meet the timer element of claim 1, from which claim 2 depends, it does not infringe claim 2. ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH196T Monitor uses an MPI009 inverter driver. Therefore, his infringement analysis for the MPI 009, which incorporates his analysis of the MP1015, applies to the VHI96T, with the additional consideration that the VH196T is an LCD. (CBr. at 50.) Because the MP1015 does not meet the timer circuit element of independent claims 1 and 8, the Administrative Law Judge concludes that the accused ASUS VH196T Monitor likewise does not infringe claim 2, which depends from claim 1. ASUS LS221 Monitor. Richard Flasck testified that the accused ASUS LS221 Monitor uses an MP 1038 inverter driver. Therefore, his infringement analysis for the MPI038, which incorporates his analysis of the MP1015, applies to the ASUS LS221. (Tr. at 1427.) Because the MPI038 does not meet the - 55 - PUBLIC VERSION timer circuit element of independent claims 1 and 8, the Administrative Law Judge concludes that the accused ASUS LS221 likewise does not infringe dependent claim 2. ASUS F5RL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MPlOI0B inverter and therefore, for reasons already mentioned in the discussion of this product under independent claim 1, the Administrative Law Judge concludes that it does not meet the timer circuit element. Because claim 2 is dependent from claim 1, it, too, is not infringed by this product. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPlO09, MPI0I0B, MPI015, MPI017, MPI018, MP1872, MPI037, and MPI060. (CBr. at 51-53.) Richard Flasck testified that these products also infringe various claims of the '382 patent. (ld.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 1, they also do not infringe claim 2 of the '382 patent. 3. Claim 4. ASUS EeeTop Unit. Richard Flasck testified that the accused ASUS EeeTop products have a sense resistor electrically coupled to the CCFL and to ground for providing a second voltage signal. (Tr. at 1413.) He also testified that this accused product has a second feedback signal line that couples a sense resistor R5 to pin 2, the LI pin, through resistor R14. (Tr. at 1413-14.) He testified that, given its use of an MPI 0091 inverter driver, the EeeTop 1602 also has a feedback control circuit - 56- PUBLIC VERSION coupled to the second feedback signal line for adjusting power to the CCFL to a power level such that the second voltage signal approaches a reference value representing the desired load conditions on the CCFL. (Tr. at 1414.) He testified that the EeeTop 1602 has all the additional elements that claim 4 adds to claim 1 and therefore literally infringes claim 4. (Tr. at 1414.) Insofar as Richard Flasck gave testimony that the accused EeeTop 1602 includes the additional elements described in claim 4 of the '382 patent, his testimony is unrebutted and found to be credible. However, inasmuch as claim 4 depends from claim 1, the Administrative Law Judge concludes, for reasons previously stated, that the timer element of claim 1 is not met, and therefore the accused ASUS EeeTop products do not infringe claim 4 of the '382 patent. ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH196T Monitor uses an MPI009 inverter driver. Therefore, his infringement analysis for the MP 1 009, which incorporates his analysis ofthe MPI015, applies to the VHI96T, with the additional consideration that the VH196T is an LCD display. (CBr. at 50.) Because the MP1015 does not meet the timer circuit element of independent claim 1, the Administrative Law Judge concludes that the accused ASUS VH196T Monitor likewise does not infringe dependent claim 4. ASUS LS221 Monitor. Richard Flasck testified that the accused ASUS LS221 Monitor uses an MPI038 inverter driver. Therefore, his infringement analysis for the MP1038, which incorporates his analysis of the MPI015, applies to the ASUS LS221. (Tr. at 1427.) Because the MP1038 does not meet the timer circuit element of independent claim 1, the Administrative Law Judge concludes that the accused ASUS LS221 likewise does not infringe dependent claim 4. - 57 - PUBLIC VERSION ASUS FSRL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MPIOIOB inverter and therefore, for reasons already mentioned in the discussion of this product under independent claim 1, the Administrative Law Judge concludes that the F5RL does not meet the timer circuit element. Because claim 4 is dependent from claim 1, it too is not infringed by this product. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPI009, MPI010B, MP1015, MP1017, MPI018, MP1872, MP1037, and MP1060. (CBr. at 51-53.) Richard Flasck testified that these Products also infringe various claims of the '382 patent. (Jd.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 1, they also do not infringe dependent claim 4 of the '382 patent. 4. Claim 7. ASUS EeeTop Unit. ASUS's EeeTop Unit is not alleged by 02 Micro to infringe claim 7 of the '382 patent. ASUS VH196T Monitor. ASUS's VH196T Monitor is not accused of infringing claim 7 of the '382 patent. ASUS LS221 Monitor. The ASUS LS221 Monitor is not accused of infringing claim 7 of the '382 patent. - 58- PUBLIC VERSION ASUS F5RL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MP 10 lOB inverter and therefore, for reasons already mentioned in the discussion of this product under independent claim 1, the Administrative Law Judge concludes that the F5RL does not meet the timer circuit element. Because claim 7 is dependent from claim 1, it too is not infringed by this product. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MP1009, MP1010B, MP1015, MP1017, MP1018, MP1872, MP1037, and MP1060. (CBr. at 51-53.) Richard Flasck testified that these Products also infringe various claims of the '382 patent. (Id.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 1, they, too, do not infringe claim 7 of the '382 patent. 5. Claim 8. ASUS EeeTop Unit. Richard Flasck testified that the accused EeeTop 1602 includes a liquid crystal display and therefore infringes claim 8, as well as claim 1. (Tr. at 1415.) His testimony with respect to the presence of a liquid crystal display is not disputed and is accepted as an established fact. The Administrative Law Judge concludes that the accused EeeTop 1602 does not infringe claim 8, because it does not meet the timer circuit element, for the same reasons already stated with respect to claim 1. - 59- PUBLIC VERSION ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH196T Monitor uses an MPlO09 inverter driver. Therefore, his infringement analysis for the MP1009, which incorporates his analysis of the MP1015, applies to the VH196T, with the additional consideration that the VH196T is an LCD display. (CBr. at 50.) For the reasons already stated with respect to claim 1, the accused ASUS VH196T Monitor does not meet the timer circuit element and thus does not infringe claim 8. ASUS LS221 Monitor. Richard Flasck testified that he analyzed the ASUS LS221 Monitor and concluded that it infringes claim 1 of the '382 patent. (CBr. at 50-51.) The product uses an MP1038 inverter driver. Therefore, he testified, his infringement analysis of the MP 1 03 8, which incorporates his analysis ofthe MP1015, applies to the LS221, with the additional consideration that the LS221 is an LCD. (Jd.) Because of the squegging behavior of all of the accused MPS Products, as demonstrated by the oscilloscopic tests conducted by Dr. Silzars, the Administrative Law Judge concludes that the MP1038, on which Richard Flasck based his opinion that ASUS's LS221 Monitor infringes the '382 patent, does not meet the limitation of the timer element of claim 8 and, therefore, the accused ASUS LS221 Monitor does not infringe the '382 patent. As to the other elements of claim 8, according to the unrebutted testimony of Richard Flasck, they are met by the accused MPS Products, as represented by the MP1015, and therefore the LS221 Monitor does satisfy those elements of the '382 patent. - 60- PUBLIC VERSION ASUS F5RL Notebook. A schematic of the ASUS F5RL Notebook was prepared by 02 Micro and reviewed by Richard Flasck. (CBr. at 51.) This product uses a MP1010B inverter driver. (Tr. at 1433.) Richard Flasck concluded that this product literally infringes all of the asserted claims of the '382 patent because of its use of the MP101OB. (Tr. at 1433-35.) Inasmuch as Richard Flasck based his infringement analysis on the product's use of the MP1010B inverter driver, the Administrative Law Judge concludes that his testimony is not supported by the evidence, because the MP 1 0 1 OB does not provide a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a predetermined duration. Therefore independent claim 8, which includes a timer circuit having those limitations, is not met by the accused ASUS F5RL Notebook. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MP1009, MP101OB, MP1015, MP1017, MP1018, MP1872, MP1037, and MP1060. (CBr. at 51-53.) Richard Flasck testified that these Products also infringe various claims of the '382 patent. (Jd.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, for the reasons discussed with respect to claim 1, these Products all lack the timer circuit element of independent claim 8 and therefore do not infringe the '382 patent. 6. Claim 9. - 61 - PUBLIC VERSION ASUS EeeTop Unit. Richard Flasck testified that because the accused EeeTop 1602 includes a liquid crystal display, it infringes claim 9 for the same reasons that he concludes that it infringes claim 2 with the addition of an LCD. (Tr. at 1415.) The Administrative Law Judge concludes that the accused EeeTop 1602 does not infringe claim 9 for the same reasons given with respect to its non-infringement of claim 2. ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH 196T Monitor uses an MP 1 009 inverter driver. Therefore, his infringement analysis for the MP1009, which incorporates his analysis ofthe MP1015, applies to the VH196T, with the additional consideration that the VH196T is an LCD display. (CBr. at 50.) Because the MP1015 does not meet the timer circuit element of independent claim 8, the Administrative Law Judge concludes that the accused ASUS VH196T Monitor likewise does not infringe dependent claim 9. ASUS LS221 Monitor. Richard Flasck testified that the accused ASUS LS221 Monitor uses an MP 1038 inverter driver. Therefore, his infringement analysis for the MP1038, which incorporates his analysis of the MP1015, applies to the ASUS LS221. (Tr. at 1427.) Because the MP1038 does not meet the timer circuit element of independent claim 8, the Administrative Law Judge concludes that the accused ASUS LS221 likewise does not infringe dependent claim 9. ASUS F5RL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MP1010B inverter and therefore, for reasons already mentioned in the discussion of this product under independent - 62- PUBLIC VERSION claim 8, the Administrative Law Judge concludes that the F5RL does not meet the timer circuit element. Therefore dependent claim 9 is not infringed by the accused F5RL Notebook. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPI009, MPlOlOB, MPlO15, MPlO17, MPI018, MP1872, MP1037, and MPI060. (CBr. at 51-53.) Richard Flasck testified that these products also infringe various claims ofthe '382 patent. (Id.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 8, they, too, do not infringe claim 9 ofthe '382 patent. 7. Claim 11. ASUS EeeTop Unit. Richard Flasck testified that for the same reasons he gave for concluding that the accused EeeTop 1602 infringes claim 4, with the addition of an LCD, he concludes that the product also infringes claim 11. (Tr. at 1417.) For those reasons previously given as to why the accused EeeTop 1602 does not infringe claim 4, the Administrative Law Judge finds that it does not infringe claim 11. ASUS VH196T Monitor. Richard Flasck testified that the accused ASUS VH196T Monitor uses an MPI009 inverter driver. Therefore, his infringement analysis for the MPI 009, which incorporates his analysis ofthe MPlOI5, applies to the VHI96T, with the additional consideration that the VHI96T is an LCD display. (CBr. at 50.) Because the MPI015 does not meet the timer, circuit - 63 - PUBLIC VERSION element of independent claim 8, the Administrative Law Judge concludes that the accused ASUS VH196T Monitor likewise does not infringe dependent claim 11. ASUS LS221 Monitor. Richard Flasck testified that the accused ASUS LS221 Monitor uses an MP 1038 inverter driver. Therefore, his infringement analysis for the MPI038, which incorporates his analysis of the MPI015, applies to the ASUS LS221. (Tr. at 1427.) Because the MPI038 does not meet the timer circuit element of independent claim 8, the Administrative Law Judge concludes that the accused ASUS LS221 likewise does not infringe dependent claim 11 ASUS F5RL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MPI010B inverter and therefore, for reasons already mentioned in the discussion of this product under independent claim 8, the Administrative Law Judge concludes that the F5RL does not meet the timer circuit element. For that reason, the accused F5RL Notebook does not infringe dependent claim 11. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPlO09, MPI01OB, MPlOI5, MPI017, MPI018, MP1872, MPI037, and MPI060. (CBr. at 51-53.) Richard Flasck testified that these products also infringe various claims of the '382 patent. (Id.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 8, they, too, do not infringe claim 11 of the '382 patent. - 64- PUBLIC VERSION 8. Claim 14. ASUS EeeTop Unit. ASUS's EeeTop Unit is not alleged by 02 Micro to infringe claim 14 of the '382 patent. ASUS VH196T Monitor. ASUS's VH196T Monitor is not accused of infringing claim 14 of the '382 patent. ASUS LS221 Monitor. The ASUS LS221 Monitor is not accused of infringing claim 14 of the '382 patent. ASUS F5RL Notebook. Richard Flasck testified that the accused F5RL Notebook uses an MPI0I0B inverter and therefore, for reasons already mentioned in the discussion of this product under independent claim 8, the Administrative Law Judge concludes that the F5RL does not meet the timer circuit element. Therefore, dependent claim 11 is not infringed by this product. Other ASUS products identified in CX-403C. There are other accused ASUS Products, identified in CX-403C, that have inverter modules, which include the following MPS inverter drivers: MPI009, MPI01OB, MPI015, MPlOI7, MPlOI8, MP1872, MPI037, and MP1060. (CBr. at 51-53.) Richard Flasck testified that these Products also infringe various claims of the '382 patent. (Id.) As with the foregoing accused ASUS Products that are specifically mentioned by name, these remaining groups of various accused ASUS Products are alleged to infringe the '382 patent by reason of their use of the aforementioned MPS inverter drivers. However, because these Products all lack the timer circuit element of independent claim 8, they, too, do not infringe claim 14 of the '382 patent. - 65 - PUBLIC VERSION 9. Conclusion. Complainant alleges that the accused ASUS Products infringe the '382 patent with respect to several of the claims therein, in some instance directly, and in other instances indirectly. In each instance, and for the reasons given above, the Administrative Law Judge concludes that none of the accused ASUS Products infringes any of the claims ofthe '382 patent. D. Analysis of the Accused Microsemi Products with Respect to the '382 patent. 02 Micro has accused a number of Microsemi' s inverter controllers and inverter controller modules containing inverter controllers ofliteral infringement of claims 1,2,4,8,9, and 11 of the '382 patent by the importation, the sale for importation or the sale after importation of the accused Microsemi Products in the United States. According to 02 Micro, the inverter controllers "can be grouped into three families, based on the method of overvoltage detection." (CBr. at 54.) The LX1691 family includes the LXI69I, LXI69IA and LXI69IB. CFF IILC.876 ... [;] CFF III.C.877. The LX1692 family includes the LXI692, LXI692A, LXI692B, LXI696, LX1696A, LX1699, and LX6512. CFF IILC.878. The LX1693 family of controllers includes the LX1693 and the LX1697.10 CFF IILC.879. Although Microsemi separated the LX1699 and LX612 from the LX1692 family to create a fourth group, { } CFF IILC.1170, 1138, 1139. The grouping of the controllers was confirmed by the testimony of Mr. Kevin Choi, Mr. George Henry, and Dr. Patrick Chapman at their depositions and again at trial. CFF IILC.880, CFF IILC.1135, 1137, 1138, 1139, 1150. (Id. (emphasis added); CFF IILC.877-80 (undisputed); MFF 2-3 (undisputed).) Microsemi's LX1691A, LX1692, and LX1693 products are representative of the LX1691, LX1692 and LX1693 product Families, respectively, for purposes of infringement. (Id. at 55,59,63.) 02 10 It is undisputed that the LX1693 and LX1697 have the same fault protection circuitry. (CFF IILC.I059 (undisputed).) - 66- PUBLIC VERSION Micro also classifies the inverter modules into three groups, based on the inverter controller families used in the modules. (Id.) The LX1691 group of inverter modules includes the LXMG1617A-03-2x, the LXMG1617A-05-2x, the LXMG1617A-05-4x, the LXMG1617A-05-6x, the LXMG1617A-12-4x, the LXMG1617A-12-6x, the LXMG1618A-03-2x, the LXMGI618A-05-2x, the LXMG1618A-05-4x, the LXMGI618A-05-6x, the LXMGI618A-12-4x, the LXMG1618A-12-6x, the LXMGI626-05-45, the LXMG1626-05-65, the LXMG1626-12-45, the LXMG1626-12-46, the LXMG1626-12-64, the LXMG1626-12-65, the LXMGI626-12-66, the LXMGI626-12-67, the LXMG1628-12-6x, the LXMGI626-12-65, the LXMG1626-12-66, the LXMGI626-12-67, and the LXMG1628-12-6x. CFF III.C.871 [(undisputed)]. The LX1692 group of inverter modules includes the LXMGI627-05-44, the LXMGI627-12-44, the LXMG1627-12-6x, the LXMG1628-12-4x, the LXMGI811-05-6x, and the LXMG181l-05-6xS. CFF IILC.872 [(undisputed by Staff)].ll The third and final [LX1693] group of inverter modules includes the LXMG1813-12-6x and the LXMG1813-12-6xs. CFF IILC.873 [(undisputed)]. (Id. at 54-55 (emphasis added).) Microsemi's module LXMG1617A-03-02x (LX1691B inverter controller), LXMGI627A-05-44 (LX6512 inverter controller), and LXMG1813-12-6x (LX1697 inverter controller) are representative ofthe LX1691, LX1692 and LX1693 inverter module Groups, respectively, for purposes of infringement. (Id. at 66-67.) 02 Micro argues that the Microsemi LX1691, LX1692 and LX1693 Families of inverter controllers meet all of the limitations of claims 1, 2, and 4 of the' 3 82 patent when used in an inverter circuit and all of the limitations of claims 8, 9, and 11 when used in an LCD display. In 1l Microsemi disputes that the inverter controllers in the LXl692 Family are incorporated into any of the accused modules, and asserts that the module LXMG 1628 only incorporates the LXl691 Family of inverter controllers. (MOCFF III.C.872; RX-991C.) The exhibit Microsemi cites, RX-99IC, shows a correspondence between the LX6512 inverter controller, which 02 Micro grouped in the LX1692 Family, and the LXMG1627 series of inverter modules. (RX-99IC.) The fIrst portion of Microsemi's assertion appears to be groundless, based on Microsemi's own document. With respect to Microsemi' s second assertion, RX -991 C does show that the LXMG 1628-12-6x module incorporates the LX169IBIPW inverter controller. However, 02 Micro included this module in the LX1691 Group of modules. Exhibit RX-991C is silent as to what controller corresponds with the LXMGI628-12-4x module, and Microsemi points to no evidence to show that 02 Micro's assertion that an inverter controller in the LXI692 Family corresponds to a module in the LX1691 Group is erroneous. - 67- PUBLIC VERSION addition, 02 Micro argues that the Microsemi LX1691, LX1692, and LX1693 Groups of inverter modules meet all of the limitations of claims 1,2, and 4 of the '382 patent and all of the limitations of claims 8, 9, and 11 when used in an LCD display. Microsemi identifies the general correspondence between its module series and inverter controllers as follows: :;\!icrosemi's Pt'odud Families (MBr. at 25.) LX1691A LX1691.B LX1692A LXi692B LX1696 LX1696A LX1699 LX6512
LXMG1617A, rn .. !G1618A. LXMG1626.
NOh']: NOh']: NO!'.']: NO!'.t
LXMG1811 02 Micro argues that Microsemi directly infringes '382 patent claims 1,2, and 4 by importing into the United States infringing inverter modules and by selling these inverter modules in the United States. (CBr. at 76.) 02 Micro further asserts that Microsemi is liable for indirect infringement of '382 patent claims 1,2,4, 7, 8, 9, 11 and 14 because Microsemi sells inverter controller chips and modules, and provides instructions and technical support that result in the manufacture, importation, and sale of products incorporating Microsemi inverter controllers that are alleged to infringe the claims. (Id at 78.) The accused Microsemi Products were evaluated to determine whether they met the limitations ofthe asserted claims of the '382 patent. Specifically, the data sheets, application notes and schematics of the accused Microsemi Products, as well as the deposition testimony of - 68- PUBLIC VERSION Microsemi's engineers, Hwang Soo (a.k.a. Kevin) Choi and George Henry, were examined to determine whether the Microsemi Products have a timer circuit for providing a time-out sequence of a predetermined duration. (CFF III.C.883 (undisputed in relevant part); CFF IILC.887 (undisputed in relevant part); CFF IILC.949 (undisputed); CFF III.C.1 041-2 (undisputed).) Furthermore, Microsemi conceded at the hearing or through admissions that the Microsemi Products meet several limitations of the asserted claims of the '382 patent. (CFF IILC.884 (undisputed in relevant part 12 ); CFF IILC.894 (undisputed in relevant part 1 \ CFF IILC.896-8 (undisputed in relevant part); CFF IILC.947-8 (undisputed); CFF IILC.951-52 (undisputed); CFF IILC.953-56 (undisputed in relevant part)14; CFF IILC.1043 (undisputed); CFF IILC.1079-80 (undisputed); CFF IILC.1154 (undisputed); Tr. at 2563:10-25 (Chapman).) 1. Claim 1. Claim 1 of the '382 patent reads as follows: 1. A DC to AC cold cathode fluorescent lamp inverter circuit, comprising: [a.] a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp; [b.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; [c.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; [d.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; 12 Microsemi objects that 02 Micro's finding offact does not refer to a specific product or design, although it specifically refers to the LX1691A. (MOCFF III.C.884.) Microsemi does not appear to dispute the substance of the statement, however. (!d.) 13 Microsemi objects that the cited data sheet is not an actual circuit, but fails to demonstrate, such as through citations to testimony or other evidence, that the data sheet is in some way inaccurate. (MOCFF III.C.894. See also MOCFF III.C.896-8.) 14 Microsemi objects that the cited data sheet is not an actual circuit, but fails to demonstrate, such as through citations to testimony or other evidence, that the cited portion of Microsemi's own data sheet is in some way inaccurate. (MOCFF III.C.953-56.) - 69- PUBLIC VERSION [e.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [f.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [g.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. (JX-l at 02ITC 037301-2.) As discussed above, the disputed claim terms of the '382 patent have been construed as follows. The language "a timer circuit ... for providing a time-out sequence of a predetermined duration" should mean "a circuit that limits the time for an overvoltage condition to persist." The language "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" should mean "when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration." The language "shutting down said first switch and said second switch after said predetermined duration" should mean "turning off the first and second switches after the predetermined duration has elapsed." LX1691 Family. The parties do not dispute that all of the Microsemi Products in the LX1691 Family of inverter controllers meet the preamble and elements 'a', 'b', 'c', 'd' and 'e' of claim 1 of the '382 patent when used in an inverter circuit. 15 (CFF III.C.884 (undisputed in relevant part I6 ); 15 It is undisputed that the Microsemi inverter modules contain the step-up transformer, the fITst switch, the second switch, the capacitor divider, and the fITst feedback signal listed in claim 1 of the '382 patent. (CFF III.C.1080 (undisputed).) 16 Microsemi objects that that CFF III.C.884 does not refer to a specific product or design, although the fmding of fact specifically refers to the LX1691A. (MOCFF III.C.884.) Microsemi does not appear to dispute the substance of the statement, however. (/d.) -70 - PUBLIC VERSION CFF IILC.894 (undisputed in relevant part l \ CFF IILC.896-8 (undisputed in relevant part); Tr. at 1453:18-21, 1455:9-1457:10, 1550:14-19, 1551 :9-25 (Hasck); CX-227C at MICROSEMI 195062-3, 195070.) Microsemi admits for the representative LX1691A product that it only disputes 02 Micro's infringement allegations with respect to elements 'f and 'g' of claim 1. (Tr. at 2563:21-2564:7 (Chapman); MOCFF IILC.891.) The Administrative Law Judge finds that the accused LX1691 Family of DC to AC cold cathode fluorescent lamp inverter controllers, when used in an inverter circuit, are designed to have a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp, a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity, a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity, a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp, and a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp. The central focus of the parties' dispute with respect to infringement of claim 1 is whether the accused Microsemi Products in the LX1691 Family have (i) "a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration"; and (ii) "a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration." (JX-l at 02ITC 037301-2.) 17 Microsemi objects that the cited data sheet is not an actual circuit, but fails to demonstrate, such as through citations to testimony or other evidence, that the cited portion of Micro semi's own data sheet is in some way inaccurate. (MOCFF IILC.S94. See also MOCFF IILC.S96-S.) - 71 - PUBLIC VERSION 02 Micro argues that the LX1691A product has a counter that satisfies the timer circuit limitation of element 'f' of claim 1 of the '382 patent because it "detect[s] an over-voltage condition during the run mode." (CBr. at 56.) According to 02 Micro, in circumstances such as a persistent fault occurring at the start of a counting session, the timer circuit of the LX 1691 A will provide a time-out sequence of the predetermined duration of { } (Id) 02 Micro further argues that at the end of the timeout sequence, "the AND gate logic [becomes] true and the controller takes action to shut down." (Jd) 02 Micro argues that the LX1691A product is also designed to shut down after a predetermined duration of350 milliseconds if the lamp is open during run mode, which it asserts it confirmed by testing on an LG television. (Id at 57.) Microsemi argues, inter alia,I8 that its products do not infringe because "the Microsemi ICs use current monitoring to shutdown the inverter's switches when a persistent overvoltage fault occurs during run mode[,]" and because its products "employ active voltage limiting to reduce the excessive voltage" caused by an open lamp. (MBr. at 43-44.) In addition, Microsemi argues that 02 Micro is mistaken that the 350 millisecond timeout for the LX1691A relates to run mode, but instead applies to strike mode. (MRBr. at 8-9.) Staff argues that because the duration of the time-out sequence may vary depending on when in the counting session an overvoltage fault begins, the LX1691 Family of products do not literally infringe claim 1. (SBr. at 43.) Staff relies, in part, on evidence that was stricken from the record. (See Order No. 49 at 4-6.) 18 The Administrative Law Judge has disregarded Microsemi's argument with respect to the last 25% of a counting period, see MBr. at 56-57, as it is based upon evidence that was stricken from the record. (See Order No. 49 at 4-6.) -72 - PUBLIC VERSION The Administrative Law Judge finds that the evidence shows that the LX1691A product has a timer circuit that limits the time for an overvoltage condition to persist when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration, and a protection circuit coupled to the timer circuit and two switches (elements 'b' and 'c' of claim 1) that turns off the switches after the predetermined duration has elapsed. The record shows that in the event of a persistent fault during run mode, the LX 1691 A has a timer circuit that limits the time for an overvoltage condition to persist when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration. The parties do not dispute that { } (CFF III.C.900 (undisputed); SFF 115-117 (undisputed); Tr. at 1576: 18-1578:1 (Flasck); CX-19; SBr. at 42; MBr. at 55.) { } (Tr. at 2238:14-23; 2239:12-14; 2248:11-14; 2251:10-13; 2252:8-14 (Choi); CFF III.C.901 (undisputed in relevant part); SBr. at 42.) { } (CFF III.C.902 (undisputed in relevant part).) { (Tr. at 2239:21-2240:4; 2241 :8-19; 2243:23-2244:16; 2248:11-14 (Choi); Tr. at 1577:23-1578:4, 1578:23-1579:9 (Flasck); CX-19; CFF III.C.903 (undisputed); CFF III.C.918 (undisputed); MBr. at 55.) { } (Tr. at 2239:21-2240:4; 2241:8-19; 2243:23-2244:16; 2248:11-21 (Choi); CFF III.C.904 (undisputed in relevant part); SFF 122 (undisputed).) { - 73 - } PUBLIC VERSION } (Tr. at 2245:3-18; 2246:8-13; 2248:5-24; 2250:19- 2251:9; 2310:6-19 (Choi); Tr. at 1578:8-22 (Flasek); CX-19; CX-1450C at M059754, M059756; CFF lILC.905 (undisputed in relevant part); SFF 123-124 (undisputed); MBr. at 44; SBr. at 42- 43; JX-4C at M003099.) { } (Tr. at 2312:6-2313:3,2313:21-2314:3 (emphasis added); see also id at 2240:7-17 (Choi); CX- 1450C at M059756; RDX-448.) -74 - PUBLIC VERSION { } (CX-1450C at M059756.) Mr. Choi also noted that the LX1691 is specifically designed to handle a persistent fault by shutting down. (Tr. at 2250:10-13 (Choi).) Based upon the undisputed evidence and Microsemi' s own admissions, the Administrative Law Judge finds that the LX1691A and consequently the LX1691 Family of accused Microsemi Products have a timer circuit that limits the time for an overvoltage condition to persist during run mode when a first voltage signal continually exceeds a predetermined threshold { } such that the limitation of element 'f of claim 1 of the '382 patent is met. The Administrative Law Judge further finds that the LX1691A and consequently the LX1691 Family of accused Microsemi Products have a protection circuit coupled to the timer circuit and two switches (elements' b' and 'c' of claim 1) that turns off the switches after the predetermined duration { } has elapsed such that the limitation of element 'g' of claim 1 of the '382 patent is met. It should be noted that 02 Micro does not argue that the Microsemi LX1691 Family of inverter controllers meets all ofthe limitations of claim 1 of the '382 patent unless each of them is used in an inverter circuit. The discussion as to whether there should be a finding of direct or indirect infringement with respect to these inverter controllers follows below in this Section with respect to the LX1691 Modules and in Section IY.D.7. -75 - PUBLIC VERSION The Administrative Law Judge rejects Staffs argument that because the duration of the time-out sequence may vary depending on when in the counting session an overvoltage fault begins, the LX1691 Family of products do not infringe claim 1. As discussed above, the evidence shows that the LX1691A inverter controller is reasonably capable of satisfying the limitations of claim 1 under normal operation, depending on the circumstances of the persistent overvoltage condition during run mode, even though it may also be capable of non-infringing modes of operation. See Hilgraeve Corp. v. Symantec Corp., 265 F.3d 1336, 1343 (Fed Cir. 2001). With respect to 02 Micro's argument that the LX1691A product also meets the timer circuit limitation of claim 1 of the '382 patent because it shuts down after a set time of 350 milliseconds under certain conditions, the Administrative Law Judge finds that 02 Micro has failed to make a showing that the 350 millisecond shutdown meets all the limitations of element 'f. The record does reflect that Microsemi's own product documentation shows that the LX1691A will invoke the fault mode after 350 milliseconds if the lamp is open or short circuited. Microsemi's expert, Mr. Choi, confirmed that the Microsemi LX1691A Production Data Sheet contains such a disclosure: Q. Ifwe could have CX-227C, please. Ifwe could have page 10. Under the fault timeout section right here, it states, "fault mode will also be invoked if the lamp is short circuited or left open for more than 350 seconds." You wrote that, right? A. Yes, I saw that. JUDGE GILDEA: You said 350 seconds. I think you meant-- BY MR. MATHIOWETZ: Q. Milliseconds. I apologize. Fault mode will also be invoked if the lamp is short circuited or left open for more than 350 milliseconds. Is that what it states? I read that right, didn't I, Mr. Choi? A. Yes. (Tr. at 2314:4-:20 (Choi); CX-227C at MICROSEMI195071.) What is not clear from the data sheet is whether this particular predetermined timeout of 350 milliseconds is effected by a timer - 76- PUBLIC VERSION circuit coupled to a feedback signal line for receiving a voltage signal from a capacitor divider representing the voltage across the cold cathode fluorescent lamp or whether it is effected some other way, such as through current sensing. (MBr. at 43-44; MRBr. at 8-9.) According to 02 Micro's expert, Mr. Flasck, this timeout meets the claim limitation, and is confirmed by testing done by 02 Micro. (Tr. at 1551:20-1552:8, 1573:23-1577:3 (Flasck); CX-227C at MICROSEMI 195071; CX-18; CX-21-22; CX-23.) Yet, Mr. Flasck was unable to satisfactorily explain how this timeout is achieved. (Tr. at 1799:24-1800:5 (Flasck).) Thus 02 Micro did not meet its burden to show by a preponderance of the evidence that the predetermined timeout of350 milliseconds is in any way related to a timer circuit coupled to a feedback signal line for receiving a voltage signal from a capacitor divider representing the voltage across the cold cathode fluorescent lamp. The Administrative Law Judge also rejects Microsemi's argument that its products do not infringe because "the Microsemi ICs use current monitoring to shutdown the inverter's switches when a persistent overvoltage fault occurs during run mode[.]" (MBr. at 43-44.) As noted above, Microsemi's own engineer described a specific instance during which the LX1691A inverter controller would use voltage monitoring to shut down the inverter's switches if a persistent overvoltage fault occurred during run mode. The Administrative Law Judge further rejects Microsemi's argument that because its products "employ active voltage limiting to reduce the excessive voltage" caused by an open lamp, its products do not infringe. Microsemi cites to no evidence to explain its statement that "if some current is flowing, (as would be the case when a lamp connection becomes intermittent, or there is arcing someplace in the circuit), but the voltage is getting dangerously high, as detected at the capacitor divider or other analogous circuitry, voltage limiting will be applied." (MBr. at 58.) "Unsworn attorney argument is not -77 - PUBLIC VERSION evidence." Perfect Web Technologies, Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1332 (Fed. Cir. 2009) (quoting Gemtron Corp. v. Saint-Gobain Corp., 572 F.3d 1372, 1380 (Fed. Cir. 2009)) (internal formatting omitted). Furthermore, it should be noted that Microsemi confirmed that "the counter-and-register overvoltage protection circuit ... will screen the fault to be sure it is not a transient episode, and if recurring, will shut off the inverter's switches." (Id.) LX1692 Family. The parties do not dispute that all ofthe Microsemi Products in the LX1692 Family of inverter controllers meet the preamble and elements 'a', 'b', 'd' and 'e' of claim 1 of the '382 patent when used in an inverter circuit. 19 (CFF III.C.947-8 (undisputed); CFF III.C.951-52 (undisputed); CFF III.C.953-56 (undisputed in relevant part)20; Tr. at 1581:17-1583:6 (Flasck); JX-6; CDX-92; CX-83.) 02 Micro argues that the circuit in which the LX1692 is used also has a second switch coupled to the transformer such that the LX 1692 meets element' c' of claim 1 (see CBr. at 59); however, the proposed finding of fact to which 02 Micro cites contains no such language. (CFF III.C.953.) The record shows, however, that Microsemi's own production data sheet for the LX1692 discloses a second switch coupled to the transformer in the typical application of the product. (CX-83 at 10. See also Tr. at 1584.) The Administrative Law Judge finds that the accused LX1692 Family of DC to AC cold cathode fluorescent lamp inverter controllers, when used in an inverter circuit, are designed to have a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp, a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity, a second switch coupled to said 19 It is undisputed that the Microsemi inverter modules contain the step-up transformer, the fIrst switch, the second switch, the capacitor divider, and the fIrst feedback signal listed in claim I of the '382 patent. (CFF IlLC.I080 (undisputed).) 20 Microsemi objects that the cited data sheet is not an actual circuit, but fails to demonstrate, such as through citations to testimony or other evidence, that the cited portion of Micro semi's own data sheet is in some way inaccurate. (MOCFF IILC.953-56.) -78 - PUBLIC VERSION step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity, a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp, and a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp. The central focus of the parties' dispute with respect to infringement of claim 1 is whether the accused Microsemi Products in the LX1692 Family have (i) "a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration"; and (ii) "a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration." (JX-l at 02ITC 037301-2.) 02 Micro argues that the LX1692 product has a timer circuit that counts pulses ifthe peak voltage on the OV _SNS pin rises above a predetermined threshold of 3.2 volts. (CBr. at 60.) 02 Micro further argues that the LX1692 meets the protection circuit limitation of claim 1: "[i]f 16 events are counted, an open lamp fault is declared and the IC outputs are shut down." (Id. at 60, 62.) Microsemi argues that the LX1692 product does not infringe because the voltage signal from the capacitor divider "cannot exceed a threshold for any meaningful predetermined duration" because "there are points when no voltage at all [is] being applied to the CCFL." (MBr. at 63-64.) -79 - PUBLIC VERSION Staff is of the view that the LX1692 does not infringe claim 1 because "each time the device records an overvoltage event, { } (SBr. at 44.) The Administrative Law Judge finds that the evidence shows that the LX1692 product has a protection circuit, but does not have a timer circuit such that the limitation of element 'f of claim 1 is met. It is undisputed that a "signal representative of an overvoltage condition appearing at the CCFL, measured at the capacitor divider, is fed to the OVSNS pin of the LX1692 controller." (CFF IILC. 962 (undisputed); Tr. at 2260:17-23 (Choi); RX-789C). "The OVSNS signal is compared to a 3.2 volt reference { } IfOVSNS exceeds 3.2 volts, an 'event,' the comparator outputs a pulse signal called 'Over Voltage,' which is fed to a four bit counter. The four bit counter monitors overvoltage pulses." (CFF IILC. 962 (undisputed); Tr. at 2263:20-2264:4, 2267:24-2268:17 (Choi); RX-796C). When the counter counts 16 events,21 a fault is declared and the IC outputs are shut down. (Tr. at 2264,2317 (Choi); JX-6 at 7, 15.) Furthermore, it is undisputed that { } (Choi, Tr. 2267:23-2267:3, 2270:2-2271:1, 2318:10-14). When the overvoltage condition is removed { } This is called soft-start. (Choi, Tr. 2270:11-12, 2274:1-13). 21 For the LX1699 inverter circuit { } (SFF 153 (undisputed).) In all other respects, the LX1699 inverter circuit operates in "basically the same way" as the LXI692. (SFF 155 (undisputed).) - 80- PUBLIC VERSION If the fault condition still exists at the lamp, the OVSNS will again exceed the 3.2 volt threshold at { } another event will be counted, Icomp will be pulled to ground, and the process will repeat until 16 events are counted and the controller is shut down. (Choi, Tr. 2318: 18-2319:7). The waveform shown on page 15 of the LXI691/A/B application note (JX-6), section 3_2,22 depicts the voltage signal at the OVSNS pin when there is a fault condition. The first spike shows a fault in excess of 3.2 volts. { } until there have been 16 events, and the controller shuts down. (Choi, Tr. 2317:19-2319:7). (CFF III.C.964-66 (undisputed); CFF III.C.967 (undisputed in relevant part)23 (emphasis added). See also Tr. at 1583:7-21 (Flasck).) 02 Micro likens this process to squegging. (CBr. at 61.) - 81 - } PUBLIC VERSION The Administrative Law judge previously found, as discussed above in Section N.B. above, that with respect to squegging- { Although all of the instantaneous voltage of an alternating waveform does not have to exceed the predetermined threshold for the predetermined duration of the timer circuit in order to satisfy the limitations of claims 1 and 8 of the '382 patent for purposes of infringement, the peak voltage does. Inasmuch as peak voltage constitutes the maximum amplitude of a waveform, if the peak voltage of an 23 Microsemi argues that the cited drawing lacks foundation, even though it was drawn by its own engineer, Mr. Choi, forthe Application Note for the LX1692 CCFL Controller. (JX-6 at 15; MOCFF III.C.967.) Furthermore, Microsemi points to no actual evidence or testimony to support its objections. (MOCFF IILC.967.) The Administrative Law Judge also fmds Microsemi's disclaimers of its own LX1692 product documentation-because it was drafted by Mr. Choi, a non-native English speaker-to be disingenuous in light of Microsemi's own reliance on Mr. Choi's English testimony at the hearing. - 82- } PUBLIC VERSION alternating current waveform does not exceed the threshold for the predetermined duration, the timer circuit element is not satisfied. See Section IV.B above. Therefore, the issue here is whether the peak: voltage continues to { } The Administrative Law Judge finds that it does not. According to Mr. Choi, what happens is that { } (Tr. at 2266:17-2267:7 (Choi).) (excerpt from JX-6C at 15, Fig. 19.) Thus, { } (See JX-6C at 15, Fig. 19.) { } As a result, the Administrative Law Judge finds that the signal does not amount to a first voltage signal that continually exceeds a predetermined threshold for a predetermined duration. Therefore the LX1692 inverter controller, as well as the inverter controllers in the LX1692 Family, does not meet the limitations of element 'f of claim 1 of the '382 patent. LX1693 Family. The parties do not dispute that all of the Microsemi Products in the LX1693 Family of inverter controllers meet the preamble of claim 1 of the '382 patent when used in an inverter 24 According to Microsemi's expert, Dr. Chapman, this also means that no power is being supplied to the lamp. (Tr. at 2530-32 (Chapman); RDX-427; RDX-430.) - 83 - PUBLIC VERSION circuit. (CFF III.C.1043 (undisputed); Tr. at 1602:21-1603:1 (Flasck); CX-215C.) Furthermore the evidence shows that the LX1693 Family meets elements 'a', 'b', 'c', 'd' and 'e' of claim 1 of the '382 patent when used in an inverter circuit. 25 (Tr. at 1603:6-1605:6 (Flasck); CX-215C; CFF III.C.1046-1052 26 ; SOCFF III.C.I046-1052.) The Administrative Law Judge finds that the accused LX1693 Family of DC to AC cold cathode fluorescent lamp inverter controllers, when used in an inverter circuit, are designed to have a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp, a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity, a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity, a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp, and a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp. Just as with the LX1691 and LX1692 product Families, the focus of the parties' dispute with respect to infringement of claim 1 is whether the accused Microsemi Products in the LX1693 Family have (i) "a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a 25 It is undisputed that the Microsemi inverter modules contain the step-up transformer, the fIrst switch, the second switch, the capacitor divider, and the fIrst feedback signal listed in claim 1 of the '382 patent. (CFF 1II.C.1080 (undisputed).) 26 Microsemi objects that the cited data sheet is not an actual circuit, but fails to demonstrate, such as through citations to testimony or other evidence, that the cited portion of Microsemi's own data sheet is in some way inaccurate. (MOCFF 1II.C.1046-52.) Furthermore, a review of the transcript shows that Microsemi's boilerplate objections that these fIndings offact mischaracterize Mr. Flasck's testimony are groundless. (Tr. at 1603:6-1605:6 (Flasck).) On the contrary, Microsemi's own representations as to Mr. Flasck's testimony, see MOCFF 1II.C.1051- 52, are inaccurate and taken out of context. (Tr. at 1769: 1-4 (Flasck).) The Administrative Law Judge further fmds that Microsemi's objection that Mr. Flasck did not do an internal analysis of the inverter controller is irrelevant in light of the unrefuted admissions found in Microsemi' s product documentation. - 84- PUBLIC VERSION predetennined threshold for said predetennined duration"; and (ii) "a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetennined duration." (JX-l at 02ITC 037301-2.) 02 Micro argues that the representative LX1693 product has a timer circuit that provides a timeout of a predetennined duration of { } (CBr. at 64.) 02 Micro further argues that the LX1693 has a protection circuit that shuts off the device operation. (Id. at 65.) Microsemi argues that the LX1693 inverter controller, { } does not infringe because it has a time-out sequence with an unpredictable duration. (MBr. at 68-71.) Staff agrees. (SBr. at 47.) The Administrative Law Judge finds that the evidence shows that the LX1693 inverter controller has a timer circuit that limits the time for an overvoltage condition to persist during run mode when a first voltage signal continually exceeds a predetennined threshold for a predetennined duration, and a protection circuit coupled to the timer circuit and at least two switches (elements 'b' and 'c' of claim 1) that turns off the switches after the predetennined duration has elapsed. It is undisputed that- In the LX1693, an overvoltagecondition at the lamp is presented { transcription error-{ In addition to { } (Choi, Tr. 2293:5-13; 2294:16-19 Note } RX-838C). } (Choi, Tr. 2293:11-20, 2324:14-2325:1). - 85 - PUBLIC VERSION { } (Choi, Tr. 2294:24-2295:1, 2324:4-13). (CFF III.C.1060-63 (undisputed).) Thus the undisputed record shows that { } (Id.) { (Excerpt of Operation Flow Chart, JX-117C at p. 6, Fig. 2 (highlighting added).) Microserni's Application Note for the LX1693 inverter controller further discloses that { } (Id. at Section 6-5-4. See also Tr. at 1607:2-10 (Flasck).) - 86- } PUBLIC VERSION { } (JX-117C at p. 12, Fig. 12.) Mr. Choi, Microsemi's engineer confirmed that { } { } Q. Now, if we can have page 11, please. Let's go to the section down here. Okay. This states that { } Did I read that right? A. Yes. Q. SO this { } Q. So what this { } * * * Q. And eventually, because you are { } - 87- PUBLIC VERSION (Tr. at 2323:7-2325:1 (Choi) (emphasis added). See also Tr. at 2294:3-15 (Choi) { } RX-830C; RX-838C.) Accordingly, the Administrative Law Judge finds that the evidence shows that the LX1693 inverter controller has a timer circuit that limits the time for an overvoltage condition to persist when a first voltage signal continually exceeds a predetermined threshold { { } for the predetermined duration } such that the limitations of element 'f' of claim 1 ofthe '382 patent are met. The Administrative Law Judge further finds that because the controller shuts down when { } the limitations of element 'g' of claim 1 of the '382 patent are met. It should be noted that 02 Micro does not argue that the Microsemi LX1693 Family of inverter controllers meets all of the limitations of claim 1 of the '382 patent unless each of them is used in an inverter circuit. The discussion as to whether there should be a finding of direct or indirect infringement with respect to these inverter controllers follows below in this Section with respect to the LX1693 Modules and in Section IV.D.7. The Administrative Law Judge finds that Microsemi and Staff's arguments with respect to { } see MBr at 69-72; SBr. at 47, to be irrelevant to the issue of how { } Compare { } with { } JX-117C at p. 6, Fig. 2 above. While Mr. Choi testified that the LX1693 has a { - 88- PUBLIC VERSION } (Tr. at 2294:20-23, 2295:9-17, 2296:14-24), the evidence discussed above shows that the LX1693 inverter controller is reasonably capable of satisfying the limitations of claim 1 under normal run mode operation, when { } LX1691 Modules. 02 Micro argues that the LX1691 Group of modules, based on the representative LXMGI617A-03-02x module ("LX1691 Module"), infringes claim I of the '382 patent. (CBr. at 66.) Microsemi's objections to this argument are based solely on its belief that the inverter controllers in the LX1691 Family do not infringe claim 1. (MBr. at 75.) The LX1691 Module contains the LX1691B 27 inverter controller (CFF IILC.I082 (undisputed)), an inverter controller in the LX1691 Family of inverter controllers found above to infringe claim 1 ofthe '382 patent. It is undisputed that the Microsemi inverter modules each contain a Microsemi inverter controller and a circuit board containing additional components. (CFF IILC.I079 (undisputed). See also CFF III.C.1154 (undisputed).) Furthermore, it is undisputed that the Microsemi inverter modules contain the step-up transformer, the first switch, the second switch, the capacitor divider, and the first feedback signal listed in claim 1 ofthe '382 patent. (CFF IILC.1080 (undisputed).) As discussed above, the LXl691 Family of inverter controllers each contain a timer circuit and protection circuit satisfying the remaining elements of claim I of the '382 patent. Based on the evidence discussed in this Section IV.D.I, the Administrative Law Judge finds that the inverter modules in the LX1691 Group that contain inverter controllers from the LX1691 Family literally infringe claim 1 of the '382 patent. (JX-19C; CFF IILC.1080 (undisputed); Tr. at 1612 (Flasck).) Microsemi's U.S. sales of the inverter modules in the LX1691 Group containing inverter 27 It is undisputed that the LX1691B is identical to the LX1691A with respect to fault processing. (CFF III.C.llS2.) - 89- PUBLIC VERSION controllers from the LX1691 Family, including the LXMG1617A-02-2x, LXMG1617A -05, LXMGI617A-12, LXMGI618A-03-2x, LXMGI618A-05, LXMGI618A-12, LXMG1626-05-4x, LXMGI626-12-4x, LXMGI626-05-6x, LXMG1626-12-64, LXMG1626-12-6x, and LXMG1628-12-6x inverter modules, directly infringe claim 1 of the '382 patent. (See JX-I03C at 7-16; CDX-47; RX-991C.) LX1692 Modules. 02 Micro argues that the LX1692 Group of modules, based on the representative LXMGI627A-05-44 module ("LX1692 Module"), infringes claim I of the '382 patent. (CBr. at 66-67.) However, the LXI692 Module contains the LX1692 inverter controller (CFF III.C.I094 (undisputed)), an inverter controller in the LX1692 Family of inverter controllers that do not infringe claim 1 of the' 3 82 patent. Based on the evidence discussed in this Section IV.D.l, the Administrative Law Judge finds that the inverter modules in the LX1692 Group that contain inverter controllers from the LX1692 Family do not literally infringe the '382 patent. (CDX-47; RX-991C.) LX1693 Modules. 02 Micro argues that the LXI693 Group of modules, based on the representative LXMGI813-12-6x module ("LXI 693 Module"), infringes claim 1 of the '382 patent. (CBr. at 67.) Microsemi's objections to this argument are based solely on its belief that the inverter controllers in the LX1693 Family do not infringe claim 1. (MBr. at 75.) The LX1693 Module contains the LX1697 inverter controller (CFF IILC.II 02 (undisputed)), an inverter controller in the LX1693 Family of inverter controllers found above to infringe claim 1 ofthe '382 patent. It is undisputed that the Microsemi inverter modules each contain a Microsemi inverter controller and a circuit board containing additional components. (CFF IILC.l079 (undisputed). See also - 90- PUBLIC VERSION CFF IILC.1154 (undisputed).) Furthermore, it is undisputed that the Microsemi inverter modules contain the step-up transformer, the first switch, the second switch, the capacitor divider, and the first feedback signal listed in claim 1 ofthe '382 patent. (CFF III.C.1080 (undisputed).) As discussed above, the LX1693 Family of inverter controllers each contain a timer circuit and protection circuit satisfying the remaining elements of claim 1 of the '382 patent. Based on the evidence discussed in this Section IV.D.1, the Administrative Law Judge finds that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally infringe claim 1 of the '382 patent. (CX-932C; CFF IILC.1080 (undisputed); Tr. at 1615-16 (Flasck).) Microsemi's U.S. sales ofthe inverter modules in the LX1693 Group containing inverter controllers from the LX1693 Family, including the LXMG1813-12-6x and the LXMG1813-12-6xS inverter modules, directly infringe claim 1 of the '382 patent. (See JX- 103C at 7-16; CDX-47; RX-991C.) 2. Claim 2. Claims 2 and 4 depend on independent claim 1 of the '382 patent. Inasmuch as each claim limitation must be present in an accused device in order for infringement to be found (either literally or under the doctrine of equivalents), an accused product cannot infringe a dependent claim if it does not practice every limitation of the independent claim from which it depends. See Monsanto Co. v. Syngenta Seeds, Inc., 503 F.3d 1352, 1359 (Fed. Cir. 2007); Warner-Jenkinson Co., Inc. v. Hilton Davis Chemical Co., 520 U.S. 17,40 (1997). Furthermore, the Federal Circuit has explained: One may infringe an independent claim and not infringe a claim dependent on that claim. The reverse is not true. One who does not infringe an independent claim cannot infringe a claim dependent on (and thus containing all the limitations of) that claim. - 91 - PUBLIC VERSION Wahpeton Canvas Co., Inc. v. Frontier, Inc., 870 F.2d 1546, 1552 n.9 (Fed.Cir.1989) (citing Teledyne McCormick Selph v. United States, 558 F.2d 1000, 1004 (Ct. Cl. 1977)). As noted above, the inverter controllers in the LX1691 and LX1693 Families (when used in an inverter circuit) and modules in the LX1691 and LX1693 Groups meet the limitations of independent claim 1 of the '382 patent, but the inverter controllers in the LX1692 Family and inverter modules in the LX1692 Group do not. (See Section IV.D.l. above.) Therefore, the Administrative Law Judge must now determine whether those accused Microsemi Products that meet the limitations of independent claim 1 meet the limitations of dependent claims 2 and 4 as well. Claim 2 of the '382 patent reads as follows: 2. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. (JX-l at 02ITC 037302.) 02 Micro argues that the LX1691A infringes claim 2 ofthe '382 patent because "[t]he fault mode will be invoked if the lamp is short-circuited or open for more than 350 milliseconds, which is longer than the typical time for a CCFL to light." (CBr. at 57.) For the reasons discussed in Section IV.D.l. above, 02 Micro's argument must fail. While the Administrative Law Judge did find that the inverter controllers in the LX1691 Family meet the limitations of claim 1, the Administrative Law Judge also found that 02 Micro did not meet its burden to show by a preponderance of the evidence that the predetermined timeout of 350 milliseconds is in any way related to a timer circuit coupled to a feedback signal line for receiving a voltage signal from a capacitor divider representing the voltage across the cold cathode fluorescent lamp. 02 Micro submits no evidence as to whether the predetermined duration { - 92- PUBLIC VERSION } would be sufficient to ignite the lamp, and therefore the Administrative Law Judge finds that the LX1691 Family of accused Microsemi Products, and therefore the LX1691 Group of inverter modules, does not meet the limitations of claim 2. For the same reasons that the Administrative Law Judge found that the LX1692 Family of accused inverter controllers does not infringe claim 1 of the' 3 82 patent, they do not infringe claim 2. Because the first voltage signal measured at the capacitor divider { } it does not amount to a first voltage signal that continually exceeds a predetermined threshold for a predetermined duration. Thus the LX1692 Family, and therefore the LX1692 Group of inverter modules, also does not have a predetermined duration sufficient for ignition of said cold cathode fluorescent lamp. With respect to the LX1693 Family of inverter controllers, 02 Micro argues that the 11 millisecond time out identified in the LX1693 data sheet "is longer than the few cycles it takes to light the CCFL." (CBr. at 65.) Microsemi and Staff appear to rely on their arguments that the LX1693 Family does not infringe independent claim 1 and therefore does not infringe dependent claim 2. (MBr. at 68-71; SBr. at 47-48.) As discussed above with respect to claim 1, Microsemi's Application Note for the LX1693 inverter controller discloses that { } (JX-117C at Section 6-5- 4. See also Tr. at 1607:2-10 (Flasck).) According to 02 Micro's expert, the approximate time of { } is more than sufficient for ignition of the lamp: Q. Turning to claim 2, does the LX1693 group of controllers literally infringe claim 2? A. Yes. Based on the { } that's more than sufficient for the initial striking of a lamp. - 93 - PUBLIC VERSION (Tr. at 1608:1-5 (Flasck).) While it is possible that users could program the predetermined duration of time out of the LX1693 Family of inverter controllers to be shorter than the strike time ofthe lamp by changing Rl, R7 and C9 (Tr. at 1607:2-10 (Flasck)), Microsemi's own documentation shows that absent some affirmative alteration by the user, the LX1693 is normally designed to have a time out that lasts longer than the strike time for the lamp. Accordingly, the Administrative Law Judge finds that the LX1693 Family of inverter controllers have a predetermined duration sufficient for ignition of the lamp during normal operation such that the limitations of claim 2 of the '382 patent are met. It should be noted, however, that the Microsemi LX1693 Family of inverter controllers do not meet all of the limitations of claims 1 and 2 of the '382 patent unless each of them is used in an inverter circuit. The discussion as to whether there should be a finding of direct or indirect infringement of claim 2 with respect to these inverter controllers follows below in this Section with respect to the LX1693 Modules and in Section IV.D.7. Because the Administrative Law Judge has found that the inverter controllers in the Microsemi LX1691 and LX1692 Families do not meet the limitations of dependent claim 2 of the '382 patent, it follows that the inverter modules in the LX1691 and LX1692 Groups, which contain inverter controllers in the Microsemi LX1691 and LXI692 Families, do not infringe claim 2 of the '382 patent. With respect to the inverter modules in the LX1693 Group, the Administrative Law Judge has found that (i) the inverter controllers in the LX1693 Family, when used in an inverter circuit, meet the limitations of independent claim 1 and dependent claim 2 of the '382 patent, and (ii) the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally infringe claim 1 ofthe '382 patent. See Section IV.D.l. above. Based on the - 94- PUBLIC VERSION evidence discussed in Sections IV.D.1 and IV.D.2, the Administrative Law Judge finds that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally infringe claim 2 of the '382 patent. (CX-932C; CFF III.C.1080 (undisputed); Tr. at 1606-8, 1615-16 (Flasck); JX-117C.) Microsemi's U.S. sales of the inverter modules in the LX1693 Group containing inverter controllers from the LX1693 Family, including the LXMG1813-12-6x and the LXMG1813-12-6xS inverter modules, directly infringe claim 2 of the '382 patent. (See JX-103C at 7-16; CDX-47; RX-991C.) 3. Claim 4. Claim 4 of the '382 patent reads as follows: 4. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-1 at 02ITC 037302.) 02 Micro argues that the inverter controllers in the LX1691 Family infringe dependent claim 4 when used in an inverter circuit. (CBr. at 58.) Microsemi and Staff appear to rely on their arguments that the LX1691 Family does not meet the limitations of independent claim 1 and therefore does not infringe dependent claim 4. (MBr. at 54-60; SBr. at 41-43.) The record shows that the representative LX1691A inverter controller is designed to be used in an inverter circuit with a sense resistor (R22R) electrically coupled to the cold cathode fluorescent lamp and - 95 - PUBLIC VERSION electrically coupled to ground for providing a second voltage signal representing current through said lamp. (Tr. at 1556:15-1557:1 (Flasck); Tr. at 2565 (Chapman); CX-227C at p.9, Fig. 2.) The record further shows that the representative LX1691A inverter controller is designed to be used in an inverter circuit with a second feedback signal line coupled to the sense resistor (R22R) for receiving the second voltage signal from the sense resistor (R22R) representing current through the lamp. (Tr. at 1557:1-8 (Flasck); Tr. at 2565 (Chapman); CX-227C at p. 9, Fig. 2.) In addition, the record shows that the representative LX1691A inverter controller is designed to be used in an inverter circuit { } to a power level such that { } (Tr. at 1557:1-1558:4 (Flasck); Tr. at 2565 (Chapman); CX-227C at p. 8-9, Figs. 1-2.) As a result, the Administrative Law Judge finds that the LX1691A inverter controller and consequently the LXl691 Family of accused Microsemi Products are designed to meet the limitations of claim 4 of the '382 patent when used in an inverter circuit. It should be noted, however, that the Microsemi LXl691 Family of inverter controllers do not meet all of the limitations of claims I and 4 of the '382 patent unless each of them is used in an inverter circuit. The discussion as to whether there should be a finding of direct or indirect infringement of claim 4 with respect to these inverter controllers follows below in this Section with respect to the LXl691 Group of modules and in Section IV.D.7. 02 Micro argues that the inverter controllers in the LXl692 Family infringe dependent claim 4 when used in an inverter circuit. (CBr. at 62.) As the Administrative Law Judge found above in Section IV.D.I that the LXl692 Family of inverter controllers do not meet the - 96- PUBLIC VERSION limitations of independent claim 1 of the' 3 82 patent, they cannot meet the limitations of dependent claim 4. 02 Micro argues that the inverter controllers in the LX1693 Family infringe dependent claim 4 when used in an inverter circuit. (CBr. at 65-66.) Microsemi and Staff appear to rely on their arguments that the LX1693 Family does not meet the limitations of independent claim 1 and therefore does not infringe dependent claim 4. (MBr. at 68-71; SBr. at 47-48.) The record shows that the representative LX1693 inverter controller is designed to be used in an inverter circuit with a sense resistor (R6) electrically coupled to the cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said lamp. (Tr. at 1608:10-1609:11 (Flasck); CX-215C at p.lO, Fig. 1.) The record further shows that the representative LX1693 inverter controller is designed to be used in an inverter circuit with a second feedback signal line coupled to the sense resistor (R6) for receiving the second voltage signal from the sense resistor (R6) representing current through the lamp. (Tr. at 1608:10-1609:11 (Flasck); CX-215C at p.10, Fig. 1.) In addition, the record shows that the representative LX1693 inverter controller is designed to be used in an inverter circuit { } such that the second voltage signal { } (Tr. at 1608:10-1610:12 (Flasck); CX- 215C at p.9-10, Fig. 1.) As a result, the Administrative Law Judge finds that the LX1693 inverter controller and consequently the LX1693 Family of accused Microsemi Products are designed to meet the limitations of claim 4 of the '382 patent when used in an inverter circuit. It should be noted, however, that the Microsemi LX1693 Family of inverter controllers do not meet all ofthe limitations of claims 1 and 4 of the '382 patent unless each ofthem is used - 97- PUBLIC VERSION in an inverter circuit. The discussion as to whether there should be a finding of direct or indirect infringement of claim 4 with respect to these inverter controllers follows below in this Section with respect to the LX1693 Group of modules and in Section IV.D.7. 02 Micro argues that the LX1691 Group of modules, based on the representative LX1691 Module, infringes claim 4 of the '382 patent. (CBr. at 66.) Microsemi relies on its belief that the inverter controllers in the LX1691 Family, and thus the modules in the LX1691 Group, do not infringe claim 1. (MBr. at 75.) The Administrative Law Judge found above in Sections IV.D.1 and IV.D.3. that (i) the inverter modules in the LX1691 Group that contain inverter controllers from the LX1691 Family literally infringe claim 1 of the '382 patent and (ii) the LX1691 Family of inverter controllers meet the limitations of claims 1 and 4 of the '382 patent when used in an inverter circuit. Based on the evidence discussed in Sections IV.D.1 and IV.D.3., the Administrative Law Judge finds that the inverter modules in the LX1691 Group that contain inverter controllers from the LX1691 Family literally infringe claim 4 of the '382 patent. (JX-19C; CFF III.C.1080 (undisputed); Tr. at 1556:15-558:4, 1612 (Flasck); Tr. at 2565 (Chapman); CX-227C at p.8-9, Figs. 1-2.) Microsemi's U.S. sales of the inverter modules in the LX1691 Group containing inverter controllers from the LX1691 Family, including the LXMG 1617 A-02-2x, LXMG 1617 A -05, LXMG 1617 A-12, LXMG 1618A-03-2x, LXMG 1618A- 05, LXMG1618A-12, LXMG1626-05-4x, LXMG1626-12-4x, LXMG1626-05-6x, LXMG1626- 12-64, LXMG1626-12-6x, and LXMG1628-12-6x inverter modules, directly infringe claim 4 of the '382 patent. (See JX-103C at 7-16; CDX-47; RX-991C.) 02 Micro argues that the inverter modules in the LX1692 Group infringe dependent claim 4. (CBr. at 66-67.) As the Administrative Law Judge found above in Section IV.D.1 that the LX1692 Family of inverter controllers do not meet the limitations of independent claim 1 of - 98- PUBLIC VERSION the '382 patent, the LX1692 Group of inverter modules containing the LX1692 Family of inverter controllers cannot meet the limitations of dependent claim 4. 02 Micro argues that the LX1693 Group of modules, based on the representative LX1693 Module, infringes claim 4 ofthe '382 patent. (CBr. at 67.) Microsemi relies on its beliefthat the inverter controllers in the LX1693 Family, and thus the modules in the LX1693 Group, do not infringe claim 1. (MBr. at 75.) The Administrative Law Judge found above in Sections IV.D.1 and IV.D.3. that (i) the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally infringe claim 1 of the '382 patent and (ii) the LX1693 Family of inverter controllers meet the limitations of claims 1 and 4 of the '382 patent when used in an inverter circuit. Based on the evidence discussed in Sections IV.D.1 and IV.D.3., the Administrative Law Judge finds that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally infringe claim 4 ofthe '382 patent. (CX-932C; CX-215C at p.9-10, Fig. 1; CFF IILC.1080 (undisputed); Tr. at 1608:10-1610:12, 1615-16 (Flasck).) Microsemi's U.S. sales of the inverter modules in the LX1693 Group containing inverter controllers from the LX1693 Family, including the LXMG1813-12-6x and the LXMG1813-12-6xS inverter modules, directly infringe claim 4 of the '382 patent. (See JX- 103C at 7-16; CDX-47; RX-991C.) 4. Claim 8. Claim 8 of the '382 patent reads as follows: 8. A liquid crystal display unit comprising: [a.] a liquid crystal display panel; [b.] a cold cathode fluorescent lamp for illuminating said liquid crystal display panel; [c.] a step-up transformer with a primary winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; - 99- PUBLIC VERSION [d.] a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; [e.] a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; [f.] a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; [g.] a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; [h.] a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and [i.] a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. (JX-l at 02ITC 037302.) As discussed above, the disputed claim terms of the '382 patent have been construed as follows. The language "a timer circuit ... for providing a time-out sequence of a predetermined duration" should mean "a circuit that limits the time for an overvoltage condition to persist." The language "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" should mean "when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration." The language "shutting down said first switch and said second switch after said predetermined duration" should mean "turning off the first and second switches after the predetermined duration has elapsed." Claim 8 is an independent claim under the '382 patent but is nearly identical to claim 1, adding only a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp. (See e.g. Tr. at 2569-70 (Chapman).) For the reasons discussed above in Section IY.D.l, the Administrative Law Judge finds that the LX1691 and LX1693 Families of inverter controllers, when used in an inverter circuit, are designed to have a step-up transformer with a primary - 100- PUBLIC VERSION winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; a second switch coupled to said step-up transformer for selectively allowing said step- up transformer to receive DC voltage of a second polarity; a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration, such that elements 'c' through 'i' of claim 8 of the '382 patent are met. Furthermore, for the reasons discussed above in Section IV.D.l, the Administrative Law Judge finds that the LX1691 and LX1693 Groups of inverter modules, when they contain inverter controllers from the LX1691 and LX1693 Families, have a step-up transformer with a primary winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold - 101 - PUBLIC VERSION cathode fluorescent lamp; a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration, such that elements 'c' through 'i' of claim 8 of the '382 patent are met. It should also be noted that for the reasons discussed above in Section IV.D.I, the LXI 692 Family of inverter controllers and therefore the LXI692 Group of inverter modules do not meet element 'h' of claim 8 ofthe '382 patent. The only issue with respect to the LXI691 and LXI693 Families of inverter controllers and the LXI691 and 1693 Groups of inverter modules is whether they meet the limitations of elements 'a' and 'b' of claim 8. The record shows that the LXI691 and LXI693 Families of inverter controllers are designed to be used with cold cathode fluorescent lamps. (See e.g., CX- 19 at p. 1; CX-8IC at p.I; CX-215C at p. 1; CX-227C at p.l; CX-I450C at p.2; CX-II93C at 2; RX-941 at p. 1) The record further shows that the LXI691 and 1693 Groups of inverter modules, containing the LXI691 and LXI693 Families of inverter controllers, are designed to be used with a wide variety of CCFL appliances, including cameras, PDAs, notebook displays, and other monitors. (See e.g., CX-I9 at p. 1; CX-8IC at p.l; CX-215C at p. 1; CX-227C at p.I; RX-941 at p. 1; JX-I9C at MICROSEMI 228508.) The datasheet for the representative LXI691 Module states that it is "a Single Output 2 2W Direct Drive CCFL (Cold Cathode Fluorescent Lamp) Inverter Module designed for driving LCD backlight lamps." (JX-I9C at MICROSEMI 228508.) Likewise, the datasheet for the representative LXI693 Module states that it is "a Single Output - 102- PUBLIC VERSION 6W CCFL (Cold Cathode Fluorescent Lamp) Inverter Module designed for ... driving LCD backlight lamps[.]" (CX-932 at p.l.) Accordingly, the Administrative Law Judge finds that the LX1691 and LX1693 Families of inverter controllers, when used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet the limitations of elements 'a' and 'b' of claim 8 of the '382 patent. As the Microsemi LX1691 and LX1693 Families of inverter controllers do not meet all of the limitations of claim 8 of the '382 patent unless each ofthem is used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D.7. The Administrative Law Judge further finds that the LX1691 and 1693 Groups of inverter modules, when used with an inverter controller from the LX1691 and LX1693 Families and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet the limitations of elements 'a' and 'b' of claim 8 of the '382 patent. As the Microsemi LX1691 and LX1693 Groups of inverter modules do not meet all of the limitations of claim 8 of the '382 patent unless each of them is used with an inverter controller from the LX1691 and LX1693 Families and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D.7. 5. Claim 9. Claims 9 and 11 depend on independent claim 8 of the '382 patent. As noted above, the LX1691 and LX1693 Families of inverter controllers, when used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet - 103 - PUBLIC VERSION the limitations of claim 8 ofthe '382 patent. (See Section IV.D.4. above.) The LX1691 and 1693 Groups of inverter modules, when used with an inverter controller from the LX1691 and LX1693 Families and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet the limitations of claim 8 of the' 3 82 patent. (Id) The Administrative Law Judge further found that inverter controllers in the LX1692 Family and inverter modules in the LX1692 Group do not meet the limitations of claim 8 of the '382 patent. (Id) Therefore, the Administrative Law Judge must now determine whether those accused Microsemi Products that meet the limitations of independent claim 8 meet the limitations of dependent claims 9 and 11 as well. Claim 9 of the '382 patent reads as follows: 9. A liquid crystal display unit as claimed in claim 8 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. (JX-l at 02ITC 037302.) Claim 9 requires one of the same limitations as claim 2: a predetermined duration sufficient for ignition of the lamp. For the reasons discussed above in Section IV.D.2., the Administrative Law Judge finds that with respect to the LX1691 Family of inverter circuits, and consequently the LX1691 Group of inverter modules that contain them, 02 Micro has failed to make a showing as to whether the predetermined duration as calculated by { } would be sufficient to ignite the lamp. Therefore the LX1691 Family of inverter circuits and the LX1691 Group of inverter modules that contain them do not meet the limitations of claim 9 of the '382 patent. With respect to the LX1693 Family of inverter controllers, the Administrative Law Judge found in Section IV.D.2 that these inverter controllers, when used in an inverter circuit, have a predetermined duration sufficient for ignition of the lamp during normal operation. The - 104- PUBLIC VERSION Administrative Law Judge further found that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family also have a predetermined duration sufficient for ignition ofthe lamp during normal operation. See Section IV.D.2 above. Based on the evidence in Sections IV.D.1, IV.D.2, and IV.DA., the Administrative Law Judge finds that the LX1693 Family of inverter controllers, as well as inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family, are designed to meet the limitations of claim 9 of the '382 patent. As the Microsemi LX1693 Family of inverter controllers does not meet all of the limitations of independent claim 8 and dependent claim 9 of the '382 patent unless they are used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D.7. As the Microsemi LX1693 Group of inverter modules does not meet all of the limitations of independent claim 8 and dependent claim 9 of the '382 patent unless each of them is used with an inverter controller from the LX1693 Family and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D. 7. 6. Claim 11. Claim 11 of the '382 patent reads as follows: 11. A liquid crystal display unit as claimed in claim 8 further [a.] a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; [b.] a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; - 105- PUBLIC VERSION [c.] a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. (JX-l at 02ITC 037302-3.) Claim 11 requires the same elements 'a' through 'c' as claim 4. As discussed in Section IV.D.3. above, the Administrative Law Judge found that the LX1691 and LX1693 Families of inverter controllers meet the limitations of claim 4 of the '382 patent when used in an inverter circuit. The Administrative Law Judge further found that the inverter modules in the LX1691 and LX1693 Groups that contain inverter controllers from the LX1691 and LX1693 Families meet the limitations of claim 4 of the '382 patent when used in an inverter circuit. See Section IV.D.3. above. Based on the evidence and findings in Sections IV.D.1, IV.D.3, and IV.DA. above, the Administrative Law Judge finds that the LX1691 and LX1693 Families of inverter controllers, when used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet the limitations of claim 11 ofthe '382 patent. As the Microsemi LX1691 and LX1693 Families of inverter controllers do not meet all of the limitations of independent claim 8 and dependent claim 11 of the '382 patent unless each of them is used in an inverter circuit in a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D.7. The Administrative Law Judge further finds, based on the evidence and findings in Sections IV.D.1, IV.D.3, and IV.DA. above, that the LX1691 and 1693 Groups of inverter modules, when used with an inverter controller from the LX1691 and LX1693 Families and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, are designed to meet the limitations of claim 11. As the Microsemi LX1691 and LX1693 Groups of inverter modules do not meet all of the limitations of independent claim - 106- PUBLIC VERSION 8 and dependent claim 11 of the '382 patent unless each of them is used with an inverter controller from the LX1691 and LX1693 Families and inside a liquid crystal display unit that is illuminated by the cold cathode fluorescent lamp, the discussion as to whether there should be a finding of indirect infringement with respect to these inverter controllers follows below in Section IV.D.7. 7. Indirect Infringement. 02 Micro argues that Microsemi has induced infringement of claims 1,2,4, 8,9, and 11 of the '382 patent because it sells inverter controller chips and provides instructions and technical support that result in the manufacture, importation, and sale of products incorporating Microsemi inverter controllers that infringe the claims. (CBr. at 78.) Other than a vague reference to contributory infringement, (CBr. at 78), 02 Micro presents no analysis with respect to whether Microsemi should be liable for contributory infringement. (CBr. at 78-79.) Staff believes that if direct infringement has occurred (and it is the Staffs position that there is no direct infringement), then the Respondents have induced infringement of the claims. (SBr. at 51-52.) In addition, Staff argues that 02 Micro has further shown that Microsemi has committed contributory infringement with respect to some modules and end products. (Id. at 52- 53.) Microsemi argues that the accused Microsemi Products do not infringe the '382 patent and therefore "Micro semi lacks the mens rea to induce any third party to infringe." (MBr. at 78.) Microsemi further argues that its inverter controllers have several substantial non-infringing uses that bar liability for contributory infringement. (Id.) The Administrative Law Judge notes that at least some portion ofthe evidence cited by Microsemi with respect to the alleged non-infringing uses of its inverter controllers was stricken from the record. (See Order No. 49 at 17.) - 107- PUBLIC VERSION Induced Infringement. As noted above in Section IV.A.2., 02 Micro must show that there has been direct infringement of asserted '382 patent claims and that Microsemi knowingly induced infringement and possessed specific intent to encourage another's infringement. The record shows that former Respondents { } (CX-1400C.) According to the stipulation, these models contained inverter circuits including the Microsemi LX1691A inverter controller. (Id at 1-4.) However, the schematics that, according to the stipulation, would show how the LX1691A inverter controller was used with the { } inverter circuit are not attached to Exhibit CX-1400C. Although the Administrative Law Judge found with respect to the LX1691 Family of inverter controllers that they are designed to infringe certain claims of the '382 patent when used in an inverter circuit (see e.g., Section IV.D.1), 02 Micro has made no showing as to whether { } inverter circuits actually contain the step-up transformer, the first switch, the second switch, the capacitor divider, and the first feedback signal limitations of claims 1 and 8 of the '382 patent. Thus it is not possible for the Administrative Law Judge to determine whether direct infringement { } may have occurred. The record further shows that Microsemi's U.S. distributor, Avnet, sells Microsemi CCFL inverter controllers and modules in the United States. (CFF IILC.1592-97 (undisputed); CFF IILC.1600 (undisputed); CX-437C; Tr. at 2424:19-2425:15 (Holliday.) Microsemi's employee, Mr. Roger Holliday, further testified that all of the inverter modules that Microsemi sells today use the Microsemi inverter controllers, and that the purpose of the Microsemi inverter - 108- PUBLIC VERSION modules is to drive a cold cathode fluorescent lamp. (Tr. at 2421:12-19 (Holliday).) In addition, { } an end customer of Microsemi inverter modules in the United States, has purchased Microsemi inverter controllers and modules from A vnet and Microsemi; { } products incorporate at least the LX1691A inverter controller. (CFF III.C.1621 (undisputed); CFF IILC.1622; CFF IILC.1629 (undisputed in relevant part); CFF IILC.1632; CFF IILC.1636; CFF IILC.1637-39 (undisputed); CFF IILC.1640; CFF IILC.1641-42 (undisputed); CFF IILC.1646-49; CFF IILC.1650 (undisputed); CFF IILC.1653 (undisputed); CFF IILC.1658-60 (undisputed); CFF IILC.1665-66 (undisputed); CFF IILC.1667; CFF IILC.1668 (undisputed); CFF IILC.1669; CX-959C; CX-964C; CX-973C; CX-976C; CX-978C; CX-979C.) Douglas Strobel, Microsemi's Central Sales Manager, further testified that Microsemi ships inverter controllers and modules to the S1. Louis production facility of a company identified only as { } and that { } assembles these products into panels that include a display and a CCFL. (JX-195C at 112:14-115:24, 146:1-6 (Strobel Dep.).) { } another Microsemi/Avnet customer, sells products with LCDs that include Microsemi CCFL Modules and inverter controllers, including modules in the LX1691 Group. (CFF IILC.1670-71 (undisputed); CFF IILC.1673-75 (undisputed); CFF IILC.1680-81 (undisputed); CFF IILC.1682; CFF IILC.1685-88 (undisputed); Tr. at 1166-1184, 1187 (Reitz); CX-2111C; CX-2112C; CX-2113C; CX-2115C.) Some of this evidence falls short of the showing needed for direct infringement for two reasons. First, where 02 Micro was able to identify U.S. purchasers of inverter controllers in the LX1691 Family, 02 Micro fails to demonstrate that the inverter circuits they are incorporated into, such as the { } inverter circuits,28 actually contain the step-up transformer, the first 28 Perhaps a careful study of the { } schematics supplied by 02 Micro would show the presence of these claim limitations. However, as 02 Micro has not provided an element by element infringement analysis for the { } products in any of its post-hearing briefmg, let alone its two page discussion of indirect infringement, see CBr. at 78-79, the Administrative Law Judge declines to make that assumption. - 109- PUBLIC VERSION switch, the second switch, the capacitor divider, and the first feedback signal limitations of claims 1 and 8 of the '382 patent. Second, where 02 Micro was able to identify u.s. purchasers of Microsemi's inverter controllers and modules, such as { } 02 Micro failed to make a showing that these inverter controllers and modules are actually products accused in this Investigation. However, the Administrative Law Judge does find that the remainder of the above evidence shows direct infringement 29 with respect to claims 1,2,4,8, and 11 of the '382 patent. This evidence shows that Microsemi's distributor, Avnet, has sold inverter modules in the LX1691 and LX1693 Groups to customers in the United States. (See e.g. CX-436C.) The evidence further shows that all of the inverter modules that Microsemi sells today use the Microsemi inverter controllers, and that the purpose of the Microsemi inverter modules is to drive a cold cathode fluorescent lamp. (Tr. at 2421:12-19 (Holliday).) As discussed above in Sections IV.D.I and IV.D.3, the Administrative Law Judge has found that the inverter modules in the LX1691 Group that contain inverter controllers from the LX1691 Family literally and directly infringe claims 1 and 4 of the '382 patent. As discussed above in Sections IV.D.I, IV.D.2., and IV.D.3, the Administrative Law Judge further found that the inverter modules in the LXI693 Group that contain inverter controllers from the LXI693 Family literally and directly infringe claims 1, 2 and 4 of the '382 patent. Thus 02 Micro has demonstrated direct infringement with respect to claims 1,2 and 4 of the '382 patent. Additionally, the record with respect to { } use of modules in the LXI691 Group in LCD displays demonstrates direct infringement with respect to claims 8 and 11 of the '382 patent. (See Sections IV.DA and IV.D.6. above; CFF IILC.I670-71 (undisputed); CFF IILC.I673-75 (undisputed); CFF 29 As A vnet and { } are not respondents in this Investigation, the Administrative Law Judge's determination with respect to direct infringement is solely for the purpose of establishing whether induced infringement has occurred. - 110- PUBLIC VERSION IILC.1680-81 (undisputed); CFF IILC.1682; CFF III.C.1685-88 (undisputed); Tr. at 1166-1184, 1187 (Reitz); CX-2111C; CX-2112C; CX-2113C; CX-2115C.) The Administrative Law Judge further finds that Microsemi knowingly induced infringement and possessed specific intent to encourage another's infringement. The record shows that Microsemi was aware of the '382 patent and took specific steps (via instructions and data sheets) to induce others to use the products in an allegedly infringing manner. (CFF III.C.1533-35 (undisputed); CFF III.C.1543 (undisputed in relevant part); CFF IILC.1544-45 (undisputed); CFF III.C.1547-48 (undisputed); CFF III.C.1558 (undisputed); CFF III.C.l561 (undisputed); CFF III.C.1587 (undisputed); CFF IILC.1590 (undisputed); CFF IILC.1606; CFF III.C.1609 (undisputed); CFF IILC.1611-13; CFF IILC.1617; CFF III.C.1662-4; CFF IILC.1681- 82; MOCFF IILC.1682; CX-875.) In this regard, one of the Microsemi witnesses admitted to knowledge of the '382 patent, in particular because Microsemi's customers were asking for indemnifications. (Tr. at 1134:22-1135:6 (Battaglia).) In addition, the datasheets and other information provided by Microsemi to their customers teach the infringing configuration. (See, e.g., discussion at Sections IV.D.l through IV.D.6. above; CX-214; CX-215; CX-932; CX- 1450C at 59751; JX-19C; JX-117C.) Moreover, as Staff points out, Microsemi has not provided an opinion of counsel, or redesigned its products, or taken other steps to avoid infringement. Broadcom, 543 F.3d at 700. The above evidence supports a finding of specific intent. DSU, 471 F.3d. at 1306 (intent to induce infringement may be proven with circumstantial or direct evidence and may be inferred from all the circumstances). Accordingly, the Administrative Law Judge finds that Microsemi has induced infringement of claims 1,2,4,8, and 11 of the '382 patent. - 111 - PUBLIC VERSION Contributory Infringement. Here, 02 Micro must show that (i) Microsemi knew that the combinations for which its components were especially made, namely the combination of its inverter controllers with its inverter modules, and the combination of its inverter controllers and inverter modules with a LCD display, were both patented and infringing and (ii) that Microsemi's components have no substantial noninfringing uses. The Administrative Law Judge finds that 02 Micro's passing reference, see CBR. at 78-79, to contributory infringement by Microsemi does not amount to a prima facie showing on this issue. 8. Conclusion. As discussed in Section IV.D.I, the Administrative Law Judge has found that the inverter modules in the LXl691 Group that contain inverter controllers from the LXl691 Family literally and directly infringe claim I of the '382 patent. The Administrative Law Judge further found that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally and directly infringe claim 1 of the '382 patent. As discussed in Section IV.D.2, the Administrative Law Judge found that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally and directly infringe claim 2 of the '382 patent. As discussed in Section IV.D.3., the Administrative Law Judge found that the inverter modules in the LX1691 Group that contain inverter controllers from the LX1691 Family literally and directly infringe claim 4 of the '382 patent. The Administrative Law Judge further found that the inverter modules in the LX1693 Group that contain inverter controllers from the LX1693 Family literally and directly infringe claim 4 of the '382 patent. - 112 - PUBLIC VERSION As discussed in Section IV.D.7. above, the Administrative Law Judge finds that Microsemi has induced infringement of claims 1,2,4,8, and 11 of the '382 patent. V. VALIDITY A. Background One cannot be held liable for practicing an invalid patent claim. See Pandrol USA, LP v. AirBoss Railway Prods., Inc., 320 F.3d 1354, 1365 (Fed. Cir. 2003). However, patent claims are presumed valid. 35 U.S.C. 282. A respondent that has raised patent invalidity as an affirmative defense must overcome the presumption by "clear and convincing" evidence of invalidity. Checkpoint Systems, Inc. v. United States Int'l Trade Comm 'n, 54 F .3d 756, 761 (Fed. Cir. 1995). Further, as stated by the Federal Circuit in Ultra-Tex Surfaces, Inc. v. Hill Bros. Chem. Co.: when a party alleges that a claim is invalid based on the very same references that were before the examiner when the claim was allowed, that party assumes the following additional burden: When no prior art other than that which was considered by the PTO examiner is relied on by the attacker, he has the added burden of overcoming the deference that is due to a qualified government agency presumed to have properly done its job, which includes one or more examiners who are assumed to have some expertise in interpreting the references and to be familiar from their work with the level of skill in the art and whose duty it is to issue only valid patents. Ultra-Tex Surfaces, Inc. v. Hill Bros. Chem. Co., 204 F.3d 1360, 1367 (Fed. Cir. 2000) (emphasis added) (quoting American Hoist & Derrick Co. v. Sowa & Sons, Inc., 725 F.2d 1350, 1359 (Fed. Cir. 1984) "American Hoist"). It should be noted however, that the Federal Circuit has found that a patent examiner is not presumed to have viewed factors material to patentability (such as prior art) if they are buried in voluminous and irrelevant material. Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1573 (Fed. Cir. 1983) (unrealistic to find examiner was - 113 - PUBLIC VERSION "fully informed" solely on the "presentation to him of a mountain of largely irrelevant data from which he is presumed to have been able, with his expertise and with adequate time, to have found the critical data" because of "the real world conditions under which examiners work"). B. Conception Date for the '387 Patent. Respondents MPS and ASUS, by way of affirmative defense, allege that the '382 patent is invalid because all of its claims were anticipated by the prior art of MPS' s MP 1 010 product, which they say was created no later than October 2, 1998. (RBr. at 66.) They argue that the earliest possible invention date of the '382 patent is July 22, 1999, when a provisional application for the patent was filed with the Patent and Trademark Office. (RBr. at 60; JX-l at 02ITC 037273.). The filing of a patent application is constructive reduction to practice. Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1376 (Fed. Cir. 1986). Complainants, in opposition, argue that the '382 patent was conceived by Dr. Yung-Lin Lin as early as February 18, 1998. (CBr. at 89.) Staff argues that the documentary evidence is not sufficient to corroborate Dr. Lin's assertions that he fully conceived the '382 invention by February 18, 1998, although Staff maintains that there is sufficient corroboration to warrant the inference that he had fully conceived his invention by November 1998. (SBr. at 61-64.) Respondent Microsemi has not taken a position with respect to whether the MPI010 prior art anticipates the '382 patent. (See MBr. at 80.) According to Dr. Lin, in 1997, while working as a system applications manager at 02 Micro, he received complaints from customers about dangerous arcing and start- up problems with the firm's converters. (Tr. at 339-40 (Lin).) He wanted to correct these problems, and by February 18, 1998 he conceived an improved inverter circuit. He began testing his conception - 114- PUBLIC VERSION with the aid of a software program for designing electrical circuits. The software program allowed him to simulate the effects of different designs containing varying components by producing schematics of electrical circuits. (Id at 380.) Based on these simulations, he was able to create a design for his conception of the '382 inverter circuit. He testified that he programmed his simulations and printed the schematics on February 18, 1998, a date that they bear. (Tr. at 403 (Lin).) However, subsequently he has not been able to retrieve his schematics of that date and does not know what has happened to them. (Tr. at 564-65 (Lin).) He further testified that he re-ran the simulations and produced another set of schematics in June 1999. (Tr. at 402-03 (Lin).) Although the second set of schematics bear the date "Feb., 18, 1998," he admits that he must have inserted that date at the later time, contrary to what he had previously testified in a trial in a federal court in California. (Tr. at 550-52 (Lin).) During that trial, he testified that the computer software program he had used to create the schematics, called PSpice, had self-generated and inserted "Feb., 18, 1998" [sic], thereby independently corroborating the date of origination. (Id) At the hearing in this Investigation, he testified that his federal court testimony was erroneous. (Id) He also testified that 02 Micro had discarded the 'computer he had used to create the original schematics, when the firm replaced that computer with another one some time afterwards. Dr. Lin also testified that, in addition to the February 1998 schematics, he entered various notations in his notebooks and travel logs and planners during 1998 that reference or mention some of his discussions with customers about complaints and ideas underlying his conception of the'382 invention. (Tr. at 353-57, 360 (Lin); CX-384, 386, 387.) He testified that on November 17, 1998 he sent a partial schematic for an inverter circuit, which included hand-drawn additions - 115- PUBLIC VERSION of some of his ideas, to another 02 Micro employee by the name of C. C. Kuo, who worked for the firm in Taiwan, for him to review and test out. (Tr. at 524-25 (Lin).) Complainants argue that the computer-aided schematics that Dr. Lin prepared in June 1999 were simply re-creations of ideas he had fully conceived in February 1998, and they, along with the partial schematic he had sent to Mr. Kuo and his various notebook and travel notations, corroborate that he had fully conceived the '382 patent as early as February 18, 1998. (CRBr. at 43-44.) Respondents MPS and ASUS argue that the schematics that were made in June 1999 do not corroborate Dr. Lin's claim that he conceived his invention in February 1998, because they lack many ofthe key elements ofthe '382 patent claims, such as a capacitor divider, first voltage signal, timer circuit, time-out sequence, predetermined threshold, predetermined duration, protection circuit, sense resistor, and second voltage signal, and thus are not sufficient to corroborate an invention that was fully conceived at that time. (RBr. at 60-61.) They also argue that Dr. Lin's notations in his notebooks and travel planner are, in their entirety, too incomplete to corroborate the alleged 1998 conception date, because none of the entries discloses the claimed capacitor divider, a timer circuit, or a protection circuit. (RBr. at 62.) Furthermore, they say that in the months after February 18, 1998, prior to provisional application for the patent on July 22, 1999, there are substantial time gaps that are devoid of evidence of any work activity by Dr. Lin that he was pursuing his invention. (Id.) As for the schematic sent to Mr. Kuo, they say that it, too, lacks key elements of the '382 invention, such as a timer circuit, a predetermined duration, a predetermined threshold, and a time-out sequence. (RBr. at 63.) Because of these omissions and evidentiary deficiencies, they - 116 - PUBLIC VERSION say that the earliest possible date for which there is evidence that would support conception of the '382 invention is July 22, 1999, when the provisional application was filed. Under 35 U.S.C. 102(g)(2), priority of invention "goes to the first party to reduce an invention to practice, unless the other party can show that it was the first to conceive the invention and that it exercised reasonable diligence in later reducing that invention to practice. Price v. Symsek, 988 F.2d 1187, 1190 (Fed. Cir. 1993). "Conception is the touchstone of inventorship, the completion of the mental part of invention." Burroughs Wellcome Co. v. Barr Laboratories, Inc., 40 F.3d 1223, 1227-28 (Fed. Cir. 1994). It is the mental formation of a definite and permanent idea of the complete and operative invention as it is to be applied in practice. Hybritech Inc. v. Monoclonal Antibodies, Inc., 802 F.2d 1367, 1376 (Fed. Cir. 1986). "Conception is complete only when the idea is so clearly defined in the inventor's mind that only ordinary skill would be necessary to reduce the invention to practice, without extensive research or experimentation." Burroughs, 40 F.3d at 1227-28. "A conception must encompass all ofthe claimed invention." Singh v. Brake, 317 F.3d 1334, 1340 (Fed. Cir. 2003). "Because it is a mental act, courts require corroborating evidence of a contemporaneous disclosure that would enable one skilled in the art to make the invention." (Id.) The inventor "must provide independent corroborating evidence in addition to his own statements and documents." Hahn v. Wong, 892 F.2d 1028, 1032 (Fed. Cir. 1989). "[B]ecause ofthe danger in post-hoc rationales by an inventor claiming priority, the court requires objective evidence to corroborate an inventor's testimony concerning his understanding of the invention." Invitrogren Corp. v. Clontech Labs., Inc., 429 F.3d 1052, 1065 (Fed. Cir. 2005). 02 Micro relies on the probity of the testimony of Dr. Lin for their proof that the '382 invention was conceived by him as early as February 18, 1998. Although Dr. Lin testified that - 117 - PUBLIC VERSION he fully conceived the invention on that date, as disclosed in the schematics he generated using the PSpice program, the Administrative Law Judge finds that sufficient independent corroborative evidence is lacking. The schematics that 02 Micro relies on were admittedly prepared in June 1999. The fact that they bear the date of "Feb., 18, 1998" is not corroborative of the date of invention, since Dr. Lin acknowledged that he must have entered that date when he produced the schematics in June 1999. The fact that earlier in the sequence of events preceding this Investigation he had given erroneous testimony about the derivation of the February 18, 1998 date compromises the reliability of his testimony, at least with respect to conception date. The 1999 schematics are not contemporaneous documents of an event that allegedly occurred in February 1998. Also, the 1999 schematics do not show important elements of the '382 invention, such as the feedback signal from a capacitor divider, the timer circuit, or the protection circuit. (Tr. at 674-77 (Lin).) As to the other documents that Complainants say corroborate Dr. Lin's testimony that his invention was conceived by February 18, 1998, the Administrative Law Judge finds that they, too, lack important elements of the '382 invention. His various notes about his discussions with customers and some particulars about his business trips do not reveal enough information, even in combination with each other and with the schematics, to show that he had fully conceived his invention or that he was diligently pursuing or testing those ideas that are contained in the application that was filed on July 22, 1999 and are included in the '382 patent. While Staff agrees with MPS and ASUS that the documentary evidence is not sufficient to corroborate Dr. Lin's assertions that he fully conceived the '382 invention by February 18, 1998, Staff maintains that there is sufficient corroboration, based on Mr. Kuo' s testimony and a facsimile sent to him by Dr. Lin in November 1998 that discloses some, but not all, ofthe - 118 - PUBLIC VERSION essential elements of the '382 patent, to warrant the inference that he had fully conceived his invention by that time. (SBr. at 61-64.) In response, MPS and ASUS say that Staffs reasoning errs insofar as Staff concludes that, because the "conception of an entire invention need not be reflected in a single document source," the documents shown to have existed in November 1998 are sufficient to corroborate Dr. Lin's assertion. (RRBr. at 20-21.) They say that, even taking into account the facsimile sent by Dr. Lin to Mr. Kuo in November 1998, there still is no corroborating documentation of a fully conceived '382 design prior to July 22, 1999. (Id.) The Administrative Law Judge finds that the evidence, aside from Dr. Lin's testimony, does not corroborate that he had fully conceived the '382 invention before July 22, 1999. The documentation referred to by Complainants for corroboration lacks key elements of the '382 patent. Complainants have failed to establish that Dr. Lin fully conceived his invention by February 18, 1998. Nor does the evidence support Staffs conclusion that Dr. Lin conceived his invention as early as November 1998. As ofthat time there were still key elements that remained missing from evidence to justify the conclusion that Dr. Lin had fully conceived his '382 invention before July 22, 1999. (Tr. at 718-19 (Lin).) C. Anticipation. A determination that a patent is invalid as being anticipated under 35 U.S.C. 102 requires a finding, based upon clear and convincing evidence, that each and every limitation is found either expressly or inherently in a single prior art reference. See Celeritas Techs. Inc. v. Rockwell Int'l Corp., 150 F.3d 1354, 1361 (Fed. Cir. 1998). Anticipation is a question of fact, including whether a limitation, or element, is inherent in the prior art. In re Gleave, 560 F.3d 1331, 1334-35 (Fed. Cir. 2009). The limitations must be arranged or combined the same way as - 119 - PUBLIC VERSION in the claimed invention, although an identity of terminology is not required. Id at 1334 ("the reference need not satisfY an ipsissimis verbis test"); MPEP 2131. In addition, the prior art reference's disclosure must enable one of ordinary skill in the art to practice the claimed invention "without undue experimentation.,,3o Gleave, 560 F.3d at 1334- 35. A prior art reference that allegedly anticipates the claims of a patent is presumed enabled; however, a patentee may present evidence of nonenablement to overcome this presumption. Impax Labs., Inc. v. Aventis Pharmaceuticals Inc., 468 F.3d 1366, 1382 (Fed. Cir. 2006). "[W]hether a prior art reference is enabling is a question of law based upon underlying factual findings." Gleave, 560 F.3d at 1335. The MPIOIO Inverter Circuits and Associated Documentation. As discussed above, Respondents argue that each asserted claim of the '382 patent is invalid as anticipated by the MPI010 inverter circuits and associated documentation (the "MPIOIO Materials"). (RBr. at 66.) 02 Micro argues that the MPIOIO does not anticipate, because it does not include one of the elements of the claims of the '382 patent, namely, a timer circuit. (CBr. at 96-98.) Staff argues that the evidence as to whether the MP 1 010 inverter satisfies the timer circuit element of the '382 patent, requiring a predetermined duration for the time-out sequence, is not clear and convincing. Therefore, Staff argues that MPS and ASUS have not established by clear and convincing evidence their alleged affirmative defense that the '382 patent is invalid by reason of the MP 10 10 prior art. (SBr. at 65-67.) The Administrative Law Judge finds that the evidence is not sufficient to invalidate the '382 patent on the basis of anticipation by the MP 1 010 prior art. In order to prevail on an 30 This is not to be confused with the standards for enablement to support issuance of a patent claim under 35 U.S.C. 112. Gleave, 560 F.3d at 1334. - 120- PUBLIC VERSION affirmative defense of anticipation, the defending party must produce clear and convincing evidence that the prior art includes all of the elements of the challenged claims. Although MPS and ASUS furnished opinion testimony of Dr. Silzars that all of the elements of claims 1 and 8 of the '382 patent are present in the MPI010 prior art, including the timer circuit (Tr. at 2081-91 (Silzars)), the Administrative Law Judge finds that Complainants provided more persuasive countervailing testimony from Dr. Mercer that the MPIOIO inverter circuit does not meet the timer-circuit elements of claims 1 and 8. His opinion was based on computer simulations, prepared at his direction, using component values from the application notes of the MPI010 product. He testified that these simulations show that the MP 1 010 does not include a timer circuit that provides a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold. (Tr. at 2668-70 (Mercer).) According to Dr. Mercer, because the MPIOI0 incorporates a resistor and capacitor combination, under certain conditions, the MPIOIO inverters will not provide the same time-out duration as under other conditions. (Id. at 2664, 2673-84 (Mercer).) MPS and ASUS counter by arguing that Dr. Mercer's simulations are irrelevant, because they fail to take into account the voltage regulation feature of the MPlOI0. They say that Dr. Mercer's simulations involve voltage amplitudes that would not exist in the actual operation of the MPI0I0 inverter because, by internal regulation, voltage amplitude is restricted to a lesser range than those used in the simulations. (RRBr. at 38-40.) Dr. Mercer acknowledged that the simulations do not mimic the actions of the MPI0I0 with respect to its voltage regulation feature, but said that fact does not affect the validity of his conclusions based on the simulations. (Tr. at 2815-19 (Mercer).) - 121 - PUBLIC VERSION Regardless of the fidelity of Dr. Mercer's simulations to the actual operation of the MPIOlO inverter, the pivotal question as to whether the inverter anticipates the '382 patent is, Does it provide a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for a predetermined duration? The Administrative Law Judge concludes that it does not. The device used for the timer is a capacitor and resistor combination (C21R1), in series, a feature of which is a time constant rate of discharge. (Tr. at 2666-69 (Mercer).) Dr. Mercer testified that this time constant does not mean that the MPI0I0 provides for time out of a predetermined duration. (Id) Instead, he testified, it provides a delay, the duration of which can vary according to the operating conditions of the circuit. (Tr. at 2666-71 (Mercer).) In this respect he is supported by MPS's employees James Moyer (Moyer, Tr. 1906- 07) and John Shannon (JX-192C, Shannon Dep. Tr. 72-73). The MPI0I0 Open Lamp Protection does not require that a first voltage signal exceed a predetermined threshold for a predetermined duration. Dr. Mercer testified that, according to his simulations, the initial voltage across the capacitor (which in series with a resistor performs the timer, or what he calls delay, function of the MPlOlO) varies according to the operating conditions of the inverter. (Tr. at 2670-71 (Mercer).) The voltage variation affects the rate of discharge of the capacitor, which leads to the inverter shutting down. (Tr. at 2670-71 (Mercer).) He testified that for that reason the MPI010 does not include a fixed predetermined duration as prescribed by the '382 patent. (Id at 2671.) Dr. Mercer testified that, at his direction, computer generated simulations based on the MPI0I0 application note, with some modifications, which he said did not affect the validity of the results, were run by Dr. Larry Nagel, using a SPICE software program. (Id 2672-74.) These simulations differed from one another with respect to the amplitude of the input, or operating, - 122- PUBLIC VERSION voltage, ranging from 700 to 2,000 volts. (Tr. at 2676-77,2680,2684-86 (Mercer).) The results reveal variations, in certain instances, in the discharge time of the capacitor, which constitutes the predetermined time before shutdown for the MPI01O. (Id at 2684-88.) MPS and ASUS argue that the regulation feature of the MPlOI0 would not allow some of the voltage amplitudes used in the simulations. (RRBr. at 39-40.) Dr. Mercer testified that the simulation that was run at 1,000 volts would not have been great enough to initiate the regulation feature of the MPlOlO, yet the inverter would still shut down due to the operation of the delay circuit, although at a much slower rate than would occur at 2,000 volts, an amplitude that would result in regulation of the voltage. (Tr. at 2686-87 (Mercer).) In this testimony, Dr. Mercer is supported by 02 Micro's employees and witnesses, John Shannon and James Moyer, as discussed below. According to John Shannon, in the case of the MPlOI0, a minor overvoltage will require a longer time to produce a shutdown than will a major overvoltage. (JX-192C at 21-22, 70, 73 (Shannon Dep.).) Mr. Shannon analogized the time disparity to that of a 10 ampere fuse which, by way of example, might take three minutes to bum out if subjected to 12 amperes of current, but will bum out considerably faster if subjected to 400 amperes. (Id at 20-21.) Likewise, Mr. Moyer testified that the time it takes for a shutdown after an overvoltage has occurred in the MP1010 will vary depending on the operating conditions of the circuit at that moment. (Tr. at 1907-08 (Moyer).) MPS and ASUS additionally argue that the MP1010 anticipates the '382 patent when it is started up into an open lamp condition, because the time-out sequence is not only "predetermined" but is also constant and repeatable. (RRBr. at 36.) They say that "[aJ device that only meets the claim limitations during some modes of operation still infringes." (RRBr. at - 123 - PUBLIC VERSION 37.) They point out that 02 Micro's own expert (Dr. Mercer) agrees that the MPIOIO-based inverters will shut down in a constant and repeatable period of time when the open lamp condition exists at startup. (Id.) In response to this argument, 02 Micro says that the claims ofthe '382 patent require that the predetermined duration be provided "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" and are not limited to the strike phase. And even if they were, 02 Micro argues, the MP 1 010 would still not meet the "predetermined duration" requirement because 1) the claims are not limited to a particular condition in the strike phase; 2) there is a material difference between voltage required to induce shutdown and voltage required to induce regulation, and different levels of overvoltage will yield different duration delays; and 3) the variability would be even greater if some separate circuitry, such as the MPI 010 regulation circuit was not used or not working properly. (CRBr. at 47.) Staffs position on this point is that, although 02 Micro's validity expert, Dr. Mercer, conceded that the MP 1 010 will always shut down in the same amount of time in the strike mode, an overvoltage condition can still be highly variable, citing testimony of Microsemi's expert, Dr. Chapman (Tr. at 2551). Thus, Staff does not believe the MPI010 anticipates the '382 patent. (SRBr. at 35-36.) The element of claims 1 and 8 of the '382 patent that is in issue reads as follows: a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for a predetermined duration (JX -1 at 11: 9-12.) The word "predetermined," by agreement of all of the parties, means "determined beforehand." (CBr. at 18; RBr. at 11; MBr. at 29; SBr. at 26.) According to Dr. Mercer, 02 Micro's expert witness on validity issues, the '382 device has a fixed invariant - 124- PUBLIC VERSION predetermined time period. (Tr. at 2689.) He also testified that the predetermined duration encompassed in the '382 patent is not restricted to startup; it includes any time there is an overvoltage condition. (Tr. at 2894 (Mercer).) He testified that the MPI 010 has a delay circuit rather than a timer circuit, because it uses a resistor and capacitor combination which, because of different initial charges on the capacitor, can require different amounts of time before shutdown after an overvoltage. (Tr. at 2894-95 (Mercer).) MPS and ASUS do not dispute Dr. Mercer on this point; however, they point to the fact that, because Dr. Mercer agrees that in the case of an open lamp condition at startup the MPlOl0 will always shut down in the same amount of time, it meets the timer limitation at least part of the time and therefore anticipates the '382 patent. (RRBr. at 30.) This argument rests on the assumption that a "predetermined duration" is not fixed and constant. (RRBr. at 28.) This argument is not tenable under the '382 patent. The fact that the MP 1 0 1 0 inverter, under one set of conditions, will shut down in a certain amount of time, such as when no lamp is present at startup; and under another set of conditions will shut down in a different amount of time, such as when the lamp goes out after it has been in operation for awhile, does not meet the requirement that the shutdown time be "determined beforehand." (Tr. at 2893- 94.) While a certain combination of physical (electrical) events will affect the resistor and capacitor of the MPlOl0 in a particular way that will result in a shutdown occurring in a certain amount of time, even so, the shutdown time will vary according to each particular combination of events affecting it. (Jd.) The predetermined duration of the timer circuit element of the '382 patent is not satisfied by a circuit that shuts down at different times for different events, even though it may shut down in the same amount time each instance that a particular combination of events occurs, such as in the instance of repeatedly being started with an absent, or open, lamp. - 125 - PUBLIC VERSION (Id.) That is only one set of conditions (open lamp, start up, and an amount of charge or absence of charge at the capacitor) that will cause a shut down in a certain amount of time. There are other combinations that will result in different shutdown times. The shutdown times are not determined by the MPIOIO beforehand (that is, before they occur), but vary according to the operating conditions of the circuit, according to the testimony of Dr. Mercer. (Tr. at 2894-95 (Mercer).) Given the variations in the length of time before an overvoltage shutdown, depending on the operating conditions of the inverter when the voltage exceeds the inverter's threshold, the Administrative Law Judge concludes that the MPIOlO does not anticipate the '382 patent, because it does not include a timer circuit the provides a time-out sequence of a predetermined duration when a first voltage signal exceeds a predetermined threshold for said predetermined duration. - 126- PUBLIC VERSION Claim 1. A DC to AC cold cathode fluorescent lamp inverter circuit, comprising: The MP1010 discloses a DC to AC cold cathode fluorescent lamp inverter circuit and thus anticipates the preamble of claim 1. (RX-85 at Mono-ITC 00116695 31 ; RX-86 at Mono- ITC-00096731; Tr. 2081 (Silzars).) a step-up transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp; The MP 1 010 discloses a step-up transformer, with a primary winding and a secondary winding, that provides increased voltage to a cold cathode fluorescent lamp. (RX-85 at Mono- ITC-00116694; Tr. at 2082 (Silzars).) The Administrative Law Judge concludes that this element is satisfied by the MP 1 010 prior art. a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; 31 (RX-85 at Fig. 3.) - 127- Figure 3. Tjpkal Application Ciruit. PUBLIC VERSION The MPIOIO discloses transistor switches coupled to the step-up transformer for selectively allowing the step-up transformer to receive DC voltage of a first and second priority. (RX-85 at Figures 2,3; Tr. at 2082-83 (Silzars); Tr. at 2800-01 (Mercer).) The Administrative Law Judge concludes that this element is satisfied by the MP 1 010 prior art. a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; The MPIOI0 discloses transistor switches coupled to the step-up transformer for selectively allowing the step-up transformer to receive DC voltage of a first and second priority. (RX-85 at Figures 2,3; Tr. at 2082-83 (Silzars); Tr. at 2800-01 (Mercer).) 02 Micro's expert on validity, Melvin Mercer, Ph.D., testified that this element of claim 1 is present in the MPI0l O. (Tr. at 2800-01.) The Administrative Law Judge concludes that this element is satisfied by the MP 1 010 prior art. a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold fluorescent lamp; The MPI010 discloses a capacitor divider that is electrically coupled to the CCFL. (RX- 85 at Mono-ITC-00116693; RX-86 at Figure 2; Tr. at 2083 (Silzars); Tr. at 2800-01,2795-96 (Mercer).) The Administrative Law Judge concludes that this element is satisfied by the MPlOlO prior art. a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; The MPIOI0 discloses a signal line between two capacitors for receiving a voltage signal from the capacitor divider representing voltage across a cold cathode fluorescent. (RX-85; Tr. at 2083 (Silzars); Tr. at 2800-01 (Mercer).) The Administrative Law Judge concludes that this element is satisfied by the MP 1 010 prior art. - 128- PUBLIC VERSION a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration; and The MP 1 010 does not disclose a timer circuit that provides a time-out sequence of a predetermined duration, for reasons that are set forth above. a protection circuit coupled to said timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration. The MP 1 010 includes shutdown circuitry when voltage exceeds a predetermined threshold. (RX-85 at Mono-ITC-001l6693; Tr. at 1879-87, 1889-91 (Moyer); Tr. at 2085-86 (Silzars).) However, because the MP1010 does not include a timer circuit that provides a time- out sequence of a predetermined duration, its protection circuit does not disclose a protection circuit for shutting down switches after a predetermined duration, and therefore does not anticipate this element of claim 1 of the '382 patent. Claim 2. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. The MP1010 provides for a one-second time-out period when the suggested values in its application note are used. (RX-1 at Mono-ITC 00116693-94; Tr. at 2086-87). 02 Micro's expert testified that except for the timer circuit element requirement of a fixed predetermined duration, the MP1010 would satisfY claim 2. (Tr. at 2802-05.) The Administrative Law Judge concludes that the MPlOlO satisfies claim 2. Claim 4. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: - 129- PUBLIC VERSION a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; The MPlOI0 discloses a sense resistor which is electrically coupled to a CCFL and electrically coupled to ground for providing a second voltage signal representing the current through a CCFL. (RX-85 at Mono-ITC00116692 and 00116695: Tr. at 2087 (Silzars); Tr. at 1870-71.) 02 Micro's expert, Melvin Mercer, Ph.D., agreed that the MPI0I0 satisfied this element of claim 4. (Tr. at 2803, 2805-06.) The Administrative Law Judge concludes that this element is satisfied by the MPlOI0 prior art. a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and The MPI0I0 discloses a second feedback signal line coupled to the sense resistor. (RX- 85 at Mono-ITCOOI16695; RX-86 at Mono-ITC 00096734; Tr. at 2087-88 (Silzars).) Dr. Mercer agreed that this part of the MPI010 circuitry satisfied this element of claim 4. (Tr. at 2803,2805-86.) The Administrative Law Judge concludes that this element is satisfied by the MP 10 10 prior art. a feedback control circuit coupled to said second feedback signal line for adjusting power to said cold cathode fluorescent lamp to a power level such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. The MPI0I0 discloses a feedback control circuit coupled to the second feedback signal line for adjusting power to the CCFL such that the second voltage signal will approach a reference value representing the desired load conditions of the CCFL. (RX-85 at Mono- ITCOOI16691-92; RX-86 at Mono-ITC00096735; Tr. at 2088 (Silzars).) Dr. Mercer testified that the MPlOlO satisfied this element of claim 4. (Tr. at 2803,2805-06.) The Administrative Law Judge concludes that this element is satisfied by the MPlOI0 prior art. - 130- PUBLIC VERSION Claim 7. A DC to AC cold cathode fluorescent lamp inverter circuit as claimed in claim 1 further comprising: a third switch coupled to said first switch and said step-up transformer for providing a first electrical path through said step-up transformer to ground when said third switch and said first switch are simultaneously on; The MP 1 0 1 0 discloses four transistor switches that are connected to the step-up transformer. (RX-85 at Figure 2; Tr. at 2089 (Silzars).) Dr. Mercer agreed that the MPIOlO satisfies this element of claim 7. (Tr. at 2803,2805-06.) The Administrative Law Judge concludes that this element is satisfied by the MPI 010 prior art. a fourth switch coupled to said second switch and said-up [sic] transformer for providing a second electrical path through said step-up transformer to ground when said fourth switch and said second switch are simultaneously on; The MPIOIO discloses four transistor switches coupled to a step-up transformer for selectively allowing the step-up transformer to receive DC voltage of a first and second polarity. (RX-85 at Figure 2.) Drs. Silzars and Mercer testified that the MPIOIO satisfies this element of claim 7. (Tr. at 2089-90 (Silzars); Tr. at 2803-04 (Mercer). The Administrative Law Judge concludes that this element is satisfied by the MPIOlO prior art. a sense resistor electrically coupled to said cold cathode fluorescent lamp and electrically coupled to ground for providing a second voltage signal representing current through said cold cathode fluorescent lamp; This element is substantively the same as the sense resistor element of claim 4, and for the reasons expressed above with reference thereto is found to satisfy this claim element. (Tr. at 2089-90.) Dr. Mercer testified that this element is satisfied by the MPIOlO. (Tr. at 2803-04, 2806.) The Administrative Law Judge concludes that this element is satisfied by the MPIOIO prior art. - 131 - PUBLIC VERSION a second feedback signal line coupled to said sense resistor for receiving said second voltage signal from said sense resistor representing current through said cold cathode fluorescent lamp; and This element is substantively the same as the second feedback signal line of claim 4, and for the reasons expressed above with reference thereto, it is concluded that the MP 1010 satisfies this claim element. (Tr. at 2089-90.) Dr. Mercer testified that this element is satisfied by the MPIOIO. (Tr. at 2803-04,2806.) The Administrative Law Judge concludes that this element is satisfied by the MP 1 010 prior art. a feedback control circuit coupled to said second feedback signal line, said first switch and said third switch for adjusting time when said third switch and said first switch are simultaneously on such that said second voltage signal approaches a reference value representing desired load conditions of said cold cathode fluorescent lamp. The MPI0I0 discloses this element, according to the expert witnesses for both MPS and ASUS, and 02 Micro. (Tr. at 2089-90 (Silzars); id. at 2083-04,2086 (Mercer).) The Administrative Law Judge concludes that this element is satisfied by the MP1010 prior art. Claim 8. This claim is substantively the same as claim 1 with the addition of the following language: "A liquid crystal display unit comprising: a liquid crystal display panel; a cold cathode fluorescent lamp for illuminating said liquid display panel." The MPIOI0 inherently discloses a liquid crystal display unit and LCD panel. (RX-86 at Mono-ITC00096731; Tr. 2081-82 (Silzars).) Dr. Mercer agrees that these elements are present in the MP1010 prior art. (Tr. at 2804-05.) In all other respects, claim 8 is the same as claim 1, and for that reason, the Administrative Law Judge concludes that the MP1010 anticipates those elements of claim 8 other than the timer circuit and, to the extent it includes an element of the - 132- PUBLIC VERSION timer circuit, the protection circuit, which it does not anticipate, for reasons expressed above under the discussion of claim 1. Claim 9. A liquid crystal display unit as claimed in claim 8 wherein said predetermined duration is sufficient for ignition of said cold cathode fluorescent lamp when properly operating. This claim is the same as claim 2, with the addition of a liquid crystal display unit. Therefore, for those reasons expressed above with respect to claim 2, the Administrative Law Judge concludes that the MP1010 prior art satisfies claim 9. Claim 11. Claim 11 is substantively the same as claim 4, with the addition of a liquid crystal display unit. Therefore, for those reasons expressed above with respect to claim 4, the Administrative Law Judge concludes that the MP1010 prior art satisfies claim 11. Claim 14. Claim 14 is substantively the same as claim 7, with the addition of a liquid crystal display unit. Therefore, for those reasons expressed above with respect to claim 7, the Administrative Law Judge concludes that the MPlOlO prior art satisfies claim 14. D. Obviousness. Under 35 U.S.C. 103(a), a patent is valid unless "the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made" to a person having ordinary skill in the art. 35 U.S.C. 103 (a). The ultimate question of obviousness is a question oflaw, but "it is well understood that there are factual issues underlying the ultimate obviousness decision." - 133 - PUBLIC VERSION Richardson-Vicks Inc. v. Upjohn Co., 122 F.3d 1476, 1479 (Fed. Cir. 1997) (citing Graham v. John Deere Co. of Kansas City, 383 U.S. 1, 17 (1966) ("Graham")). After claim construction, "[t]he second step in an obviousness inquiry is to determine whether the claimed invention would have been obvious as a legal matter, based on underlying factual inquiries including: (l) the scope and content of the prior art, (2) the level of ordinary skill in the art, (3) the differences between the claimed invention and the prior art; and (4) secondary considerations of non-obviousness." Smiths Indus. Med. Sys., Inc. v. Vital Signs, Inc., 183 F.3d 1347, 1354 (Fed. Cir. 1999) (citing Graham, 383 U.S. at 17). The existence of secondary considerations of non-obviousness does not control the obviousness determination: a court must consider "the totality of the evidence" before reaching a decision on obviousness. Richardson-Vicks, 122 F.3d at 1483. The Supreme Court recently clarified the obviousness inquiry in KSR Int'l Co. v. Teleflex Inc., 550 U.S. 389 (2007) ("KSR"). The Supreme Court said: When a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, 103 likely bars its patentability. For the same reason, if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. Sakraida and Anderson 's- Black Rock are illustrative-a court must ask whether the improvement is more than the predictable use of prior art elements according to their established functions. Following these principles may be more difficult in other cases than it is here because the claimed subject matter may involve more than the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for the improvement. Often, it will be necessary for a court to look to interrelated teachings of multiple patents; the effects of demands known to the design community or present in the marketplace; and the background knowledge possessed by a person having ordinary skill in the art, all in order to determine whether there was an apparent reason to combine the - 134- PUBLIC VERSION known elements in the fashion claimed by the patent at issue. To facilitate review, this analysis should be made explicit. * * * The obviousness analysis cannot be confined by a formalistic conception of the words teaching, suggestion, and motivation, or by overemphasis on the importance of published articles and the explicit content of issued patents. The diversity of inventive pursuits and of modem technology counsels against limiting the analysis in this way. In many fields it may be that there is little discussion of obvious techniques or combinations, and it often may be the case that market demand, rather than scientific literature, will drive design trends. Granting patent protection to advances that would occur in the ordinary course without real innovation retards progress and may, in the case of patents combining previously known elements, deprive prior inventions of their value or utility. KSR, 550 U.S. at 417-19. The Federal Circuit has since held that when a patent challenger contends that a patent is invalid for obviousness based on a combination of several prior art references, "the burden falls on the patent challenger to show by clear and convincing evidence that a person of ordinary skill in the art would have had reason to attempt to make the composition or device, or carry out the claimed process, and would have had a reasonable expectation of success in doing so." PharmaStem Therapeutics, Inc. v. ViaCell, Inc., 491 F.3d 1342, 1360 (Fed. Cir. 2007) (citations omitted). The TSM 32 test, flexibly applied, merely assures that the obviousness test proceeds on the basis of evidence--teachings, suggestions (a tellingly broad term), or motivations (an equally broad term)--that arise before the time of invention as the statute requires. As KSR requires, those teachings, suggestions, or motivations need not always be written references but may be found within the knowledge and creativity of ordinarily skilled artisans. Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc., 520 F.3d 1358, 1365 (Fed. Cir. 2008). As noted in Section III.B. above, the Administrative Law Judge has determined that that a person of ordinary skill in the art to which the '382 patent pertains would have had a bachelor's 32 TSM means teaching, suggestion, motivation. - 135- PUBLIC VERSION degree in electrical engineering with at least one year of practical experience, or a master's degree with studies in power electronics. The parties essentially agree that the relevant technological field is DC-to-AC power inverter circuits for cold cathode fluorescent lamps. (MFF70; COMFF 70; ROMFF 70.) Respondents ASUS and MPS argue that claims 1,2,4, 7,8,9, 11 and 14 of the '382 patent are invalid as obvious by u.s. Patent No. 5,384,516 33 (the "Kawabata" prior art 34 reference) in combination with chapter one of the textbook The Art of Electronics 35 (the "Horowitz,,36 prior art reference), u.s. Patent No. 5,866,968 37 (the "Mech" prior art reference 38 ), the Linfinity Microelectronics datasheet "Striker Direct Drive Topology,,39 (the "Striker" prior art reference 4o ), u.S. Patent No. 5,923,129 (the "Henry" prior art reference 41 ), the MPlOl 0 Materials, or U.S. Patent No. 5,615,093 (the "Nalbant" prior art reference 42 ). (RBr. at 93-127; RX-93.) Respondents further argue that claims 1,2,4, 7, 8, 9, 11, and 14 ofthe '382 patent are invalid as obvious by the 1997 Micro Linear Corp. ML4878 LCD Backlight Lamp Driver datasheet prior art reference (the "ML4878" prior art reference 43 ) in combination with Kawabata and/or the MPlOlO references. (RBr. at 113-128.) 02 Micro argues that Respondents' expert Dr. Silzars "engaged in an improper hindsight analysis" and ignored the state ofthe art at the time of conception. (CBr. at 101-02.) 02 Micro further argues that the Kawabata reference was before the examiner, and that it does not disclose 33 (See RFF 7.C.l3 (undisputed).) 34 Kawabata is undisputedly prior art. (RFF 7.C.14 (undisputed); SFF 233 (undisputed).) 35 (See RFF 7.C.47 (undisputed).) 36 Horowitz is undisputedly prior art. (RFF 7.C.47 (undisputed).) 37 (See RFF 7.C.52 (undisputed).) 38 Mech is undisputedly prior art. (RFF 7.C.53 (undisputed).) 39 (See RFF 7.C.61 (undisputed).) 40 Striker is undisputedly prior art. (RFF 7.C.61 (undisputed).) 41 U.S. Patent No. 5,923,129 was filed on March 13, 1998 and is prior art to the '382 patent. (RX-72; RFF 7.C.63- 64 (undisputed in relevant part).) 42 U.S. Patent No. 5,615,093 was filed on March 25, 1997 and is prior art to the '382 patent. (RX-93; RFF 7.C.107-08 (undisputed in relevant part).) 43 The ML4878 is dated February 1997 and is undisputedly prior art to the '382 patent. (RFF 7.C.148 (undisputed).) - l36- PUBLIC VERSION the capacitor divider element of claims 1 and 8. (Id. at 106.) According to 02 Micro, "the voltage dividing resistors in Kawabata are not standard voltage dividers that a person of ordinary skill in the art would recognize as being replaceable with a capacitor divider." (Id. at 106-107.) In addition, 02 Micro argues that Kawabata teaches away from having additional capacitance on the secondary side ofthe transformer. (Id. at 107.) Regarding the ML4878, 02 Micro asserts that it does not disclose a capacitor divider on the secondary side of the step-up transformer and teaches away from having one. (Id. at 115-116.) 02 Micro further argues that Dr. Silzars failed to explain how the timer circuit in the ML4878 operates. (Id. at 116.) Staff argues that claims 1,2,8, and 9 ofthe '382 patent are invalid as obvious in view of combinations involving the Kawabata patent, but that dependent claims 4, 7, 11, and 14 are not invalid. (SBr. at 72.) Staff is of the view that the "MPS Respondents have not established by clear and convincing evidence that the asserted claims ofthe '382 patent would have been obvious in view of combinations involving the ML4878." (Id. at 76.) In particular, Staff notes that- Dr. Silzars did not provide an explanation as to why one of ordinary skill in the art would consider the timer circuits of the MPI0I0 and the Kawabata inadequate, or why one of ordinary skill would be led to the particular solution used in the ML4878 device. (Silzars, Tr. at 2113-15). In order to show obviousness, there would have to be an explicit analysis of this issue. KSR Int'l Co., 127 S. Ct. at 1741. The ... MPS Respondents have not shown by clear and convincing evidence that it would have been obvious to substitute the timer circuit of the ML4878 device for the timer circuits used in the other prior art." (SBr. at 79.) Respondent Microsemi makes no assertions with respect to obviousness. 1. Claims 1 and 8. First, with respect to Kawabata, the record shows that it is undisputed that Kawabata discloses a DC to AC cold cathode fluorescent lamp inverter circuit, and that it is described as - 137- PUBLIC VERSION suitable for a compact LCD unit, such that the preamble of independent claims 1 and 8 and elements 'a' and 'b' of claim 8 of the '382 patent are met. (RFF 7.C.25-32 (undisputed); SFF 234 (undisputed); SFF 249-50 (undisputed); RX-78.) It is further undisputed that Kawabata discloses the step-up transformer, first switch, second switch, and first feedback signal line such that elements 'a', 'b', 'c', and 'e' and 'g' of claim 1 and elements 'c', 'd', 'e', and 'g' of claim 8 ofthe '382 patent are met. (RFF 7.C.33-42 (undisputed); RFF 7.C.78-79 (undisputed); SFF 235- 23 8 (undisputed); SFF 251 (undisputed); RX -78.) At issue is whether there is clear and convincing evidence to show that the capacitor divider, timer circuit, and protection circuit elements were also disclosed in Kawabata, or in combination with one or more of the other prior art references asserted by MPS and ASUS, such that the invention as claimed in the asserted '382 patent claims would have been obvious to a person of skill in the art at the time the invention was made. The Kawabata patent is directed to an "information processing apparatus" that employs a liquid crystal display ("LCD") and a fluorescent lamp for backlighting the LCD screen. (RX-78 at MPS-ITC 003912.) Kawabata discloses several embodiments of this apparatus, including the following relevant descriptions and figure: Referring to FIG. 13, there are shown a current detecting resistor 72, a switching element control circuit 73 for controlling switching elements 42, 43, 44 and 45, a switch 74, a control signal 79 for controlling the switch 74, a selector switch 75, a control signal 80 for controlling the selector switch 75, a switch control circuit 83 for controlling the switch 74, an overcurrent detecting circuit 84, an overvoltage detecting circuit 85, an undervoltage detecting circuit 86, a chip temperature detecting circuit 87, a voltage dividing circuit 88, a lamp malfunction detecting circuit 89, an ON/OFF control signal input terminal 90 and a brightness control signal input terminal 91. * * * When lighting the fluorescent lamp 23, a voltage stabilized by a dc-to-dc converter comprising a chopper transistor 38, a choke coil 36 and a smoothing capacitor 35 is converted into an ac voltage by the switching action of the switching elements 42, 43, 44 and 45, and then an ac voltage is applied through a - 138- PUBLIC VERSION resonant circuit conslstmg of a transformer 32 and a capacitor 33 to the fluorescent lamp 23. The pulse generator 41 is included in an Ie 34 to form the lighting device 24 by the least possible number of parts. * * * If any abnormal condition is detected by anyone of the detecting circuits 84, 85, 86, 87 and 89, the selector switch 75 is connected immediately to the pulse generator 76 to maintain a low-power operating mode. The input signal applied to the brightness control signal input terminal 91 and the output signals of the detecting circuits 84,85,86,87 and 89 are monitored constantly. * * * When any abnormal condition in the fluorescent lamp 23 is detected by the lamp malfunction detecting circuit 89, the switch control circuit 83 opens the switch 74, sends an abnormal condition occurrence signal to the control circuit 77 and stops the operation of the lighting device 24. * * * Referring to FIG. 16 showing the details of the lamp malfunction detecting circuit 89 shown in FIG. 13, there are shown a dc power source 92, a switch 74, a latch 93, a voltage comparator 94, a reference voltage source 95, a delay capacitor 96, a delay resistor 97, voltage dividing resistors 98, 100 and 104, and a full-wave rectifier 99. The terminal voltage of the fluorescent lamp 23 is converted into a dc voltage by a full-wave rectifier 99, and a voltage obtained by dividing the dc voltage by the ratio between the respective resistances of the voltage dividing resistors 100 and 104, and 98 appears across the voltage dividing resistor 98. The application of the voltage across the voltage dividing resistor 98 to the voltage comparator 94 is delayed by the delay resistor 97 and the delay capacitor 96 to avoid the false operation of the protective circuit in response to the detection of a firing potential which is higher than a normal voltage and generated when starting the fluorescent lamp 23. When the terminal voltage of the fluorescent lamp 23 remains at a level higher than a normal level for a time longer than a predetermined time, the terminal voltage of the delay capacitor 96 increases beyond a reference voltage provided by the reference voltage source 95. Then, the output of the voltage comparator 94 is inverted and the latch 93 is inverted. While the latch 93 maintains the inverted state, the switch 74 opens to stop the operation of the switching elements 42, 43, 44 and 45 to extinguish the fluorescent lamp 23. Thus, increase of the temperature of the fluorescent lamp is prevented, so that the liquid crystal display is not damaged by the heat of the fluorescent lamp 23. - 139- 37 [ N 20 p U T PULSE GENER- A ATOR 41 PUBLIC VERSION FIG. 13 , 71 SWITCH CONTROL 89 91 fNPUT (RX-78 at 19:58-21: 58 (excerpted) (emphasis added), Fig. 13.) It is undisputed that Kawabata illustrates the voltage dividing circuit 88 as a box, although Figure 16 further discloses an embodiment depicting it as a resistive circuit divider. (SFF 239-40 (undisputed).) - 140- PUBLIC VERSION FIG 16 92 t FW RECTIFIER (RX -78 at Fig. 16.) Kawabata does not disclose the limitation "a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp" found in element 'd' of claim 1 and 'f of claim 8 ofthe '382 patent. (RX-78; Tr. at 2707:22-24 (Mercer), 2092:10-14 (Silzars).) With respect to the timer circuit element 'f of claim 1 and element 'h' of claim 8, Kawabata discloses that when the "terminal voltage" of the lamp 23 exceeds a "normal level" for "longer than a predetermined time," the switching elements 42-45 are stopped. (RX-78 at 21 :46- 55.) The voltage across the voltage dividing resistor 98 to the voltage comparator 94 is delayed by the delay resistor 97 and the delay capacitor 96 to avoid the false operation of the protective circuit, and when the lamp voltage exceeds the normal threshold for "longer than a predetermined time," the terminal voltage of the delay capacitor 96 increases beyond a reference voltage provided by the reference voltage source 95. According to Dr. Silzars, the delay resistor 97 and the delay capacitor 96, as shown in Figure 16, constitute a timer circuit. (Tr. at 2095 :25- - 141 - PUBLIC VERSION 2096:4 (Silzars).) Dr. Mercer characterized the "predetennined time" noted in Kawabata as the time it takes to charge the delay capacitor 96 (Tr. at 2720:11-18 (Silzars)), and identified the same structures (the delay resistor 97 and the delay capacitor 96) as Silzars for achieving a "time delay." (Tr. at 2721:12-15,2722:9-14 (Silzars).) The two experts disagree as to whether Kawabata's disclosure amounts to "a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetennined duration when said first voltage signal exceeds a predetennined threshold for said predetennined duration.,,44 According to Dr. Mercer, the Kawabata apparatus, like the MPI0I0, measures a predetennined time before detennining whether the voltage signal exceeds the threshold. (Tr. at 2723:12-2724:4 (Silzars).) For the reasons discussed above in Section v.c. with respect to the capacitor and resistor combination of the MPIOI0, the Administrative Law Judge finds that Kawabata does not disclose the timer circuit limitation of claims 1 and 8 of the '382 patent. With respect to the protection circuit element 'g' of claim 1 and element 'i' of claim 8, 02 Micro essentially argues that if there is no timer circuit, it cannot be coupled to the protection circuit. (CORFF 7.C.95.) The Administrative Law Judge has found that Kawabata does not disclose the timer circuit element of claims 1 and 8 of the '382 patent. However, the Administrative Law Judge finds that Kawabata does disclose all the other limitations of element 'g' of claim 1 and element 'i' of claim 8 of the '382 patent, namely a protection circuit, coupled to (the delay resistor 97 and the delay capacitor 96) and switching elements 42, 43, 44 and 45, for shutting down these switches after the tenninal voltage of the lamp 23 exceeds a nonnallevel for longer than a predetennined time. 44 As discussed above in Section IlLe., the language "a timer circuit ... for providing a time-out sequence of a predetermined duration" should mean "a circuit that limits the time for an overvoltage condition to persist." The language "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" should mean "when a fIrst voltage signal continually exceeds a predetermined threshold for a predetermined duration." - 142- PUBLIC VERSION Turning to the other prior art references provided by MPS and ASUS, MPS and ASUS argue that it would have been obvious for a person of ordinary skill in the art at the time of the invention as claimed in the asserted claims of the '382 patent to have substituted a capacitor divider for the voltage dividing resistor 98 disclosed in Kawabata. (RBr. at 97.) According to Respondents, the Horowitz textbook teaches that one or both resistors in a resistive divider may be replaced by a capacitor. (RBr. at 98.) The language and figures of Horowitz at issue here are as follows: Our original voltage divider (Fig. 1.5) consisted of a pair of resistors in series to ground, input at the top and output at the junction. The generalization of that simple resistive divider is a similar circuit in which either or both resistors are replaced by a capacitor or inductor (or a more complicated network made from R, L, and C), as in Figure 1.51. v., joA ... ...... ___ 'V'."'.I Fttfore L5L Genetallz.ed voltage divider: 11 . pair of impedances. - 143 - PUBLIC VERSION (RX-79 at p. 35, Figs. 1.5, 1.51.) The problem with MPS and ASUS's argument is that the voltage dividing resistor 98 disclosed in Kawabata is not the "simple resistive divider" that Horowitz teaches. 94 9 5 ~ , 23 99 IJ'4_ (RX-78, excerpt of Fig. 16.) Dr. Mercer testified that the voltage divider disclosed in Kawabata is so unusual that he said: "1 in my 40 years have never seen such a voltage divider." (Tr. at 2710:15-19.) Therefore the Administrative Law Judge finds that it would not have been obvious for a person of ordinary skill in the art at the time of the invention as claimed in the asserted claims of the '382 patent to have substituted a capacitor divider for the voltage dividing resistor 98 disclosed in Kawabata solely based upon the teachings of Horowitz. - 144- PUBLIC VERSION Respondents further argue that that it would have been obvious for a person of ordinary skill in the art to have substituted a capacitor divider for the voltage dividing resistor 98 disclosed in Kawabata based upon the teachings of Mech. According to Respondents, Mech "teaches the equivalence of resistor and capacitor dividers for the specific purpose of providing feedback of the lamp voltage in a CCFL driver." (RBr. at 98.) A review of the Mech reference shows that the patent discloses circuits "adapted to drive a dynamic load, such as a cold cathode LCD backlight." (RX-87 at 8:14-16.) In Figure 3, Mech discloses a resistor divider (R6 and R7), ,0-----...., FIG.3 and clearly says that this divider may be replaced by "an equivalent reactance capacitor divider." (RX-87 at 6:20-22, Fig. 3.) Such a capacitor divider is shown in Figure 5: - 145- PUBLIC VERSION r - - - - ~ - - - - - - - - - - - - - - - - 1 ~ J f I PHASE _...u.."",,- 'MJUST 1
J 1 I I I I I L __ - - __________________ 4 FIC.5 (Id. at Fig. 5.) Unlike Horowitz, the Mech patent schematic shows how such a capacitor divider would be used in relation to a cold cathode fluorescent lamp. The Administrative Law Judge finds that Mech discloses "a capacitor divider electrically coupled to [a] cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp" such that the limitations of element 'd' of claim 1 and element 'f of claim 8 of the '382 patent are met. However, this does not end the inquiry, as it must be determined whether it would have been obvious for a person of ordinary skill in the art at the time of the invention as claimed in the asserted claims of the '382 patent to have combined the Mech and Kawabata references. Dr. Mercer testified that the Kawabata reference teaches "against any additional capacitance on the secondary side." (Tr. at 2713:3-6 (Mercer).) In particular, Dr. Mercer explained that Kawabata's apparatus was designed to run at about 300 kilohertz, and thus would need "a fairly small capacitance to get this high-resonance frequency that we're talking about." (Id. at 2713-18; RX-78.) Dr. Silzars testified, however, that the 300 kilohertz figure is only one - 146- PUBLIC VERSION value on a chart, and that Kawabata discloses operation in a frequency range consistent with "all the products we have evaluated." (Tr. at 2170-71 (Silzars).) In light of Mech's specific teaching that the resistive voltage divider on the secondary side of the transfonner in Figure 3 is interchangeable with a capacitor divider in Figure 5, the Administrative Law Judge finds that the evidence clearly and convincingly shows that a person of ordinary skill in the art at the time of the invention as claimed in claims 1 and 8 of the '382 patent would have been motivated to combine Kawabata and Mech with respect to the use of a capacitor divider. As further support that a person of ordinary skill in the art would substitute a capacitor divider for a resistive voltage divider, MPS and ASUS argue that the Striker data sheet and the Henry patent both disclose a capacitor divider electrically coupled to a cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp. (RX-80 at M002470; RX-72 at Figs. 6 and 8D; RBr. at 100-101; Tr. at 2860 (Mercer).) While these two references don't expressly teach substitution in the manner of Mech, they provide added weight that such a use of a capacitor voltage divider would likely have already been known to one of ordinary skill in the art. With respect to the timer circuit, MPS and ASUS argue that the ML4878 datasheet discloses all of the limitations of claims 1 and 8 other than a capacitor divider. (RBR. at 113.) It is undisputed that the ML4878 discloses the preamble and elements 'a', 'b', 'c' and 'g' of claim 1 and the preamble and elements 'a', 'b', 'c', 'd', 'e' and 'i' of claim 8 ofthe '382 patent. (RFF 7.e. 151-158 (undisputed); (RFF 7.e.174-75 (undisputed in relevant part 45 ).) The parties further agree that the ML4878 does not contain the capacitor divider element 'd' of claim 1 and element 45 02 Micro's boilerplate objections as to whether the ML4878 datasheet discloses the protection circuit element 'g' of claim 1 and element 'i' of claim 8 ofthe '382 patent relate solely to the presence of a resistor divider and do not appear to be responsive to Respondents' proposed findings off act on this issue. (CORFF 174-174f; CORFF 175- 175f.) - 147- PUBLIC VERSION 'f of claim 8, but instead has a primary side resistor divider. (Tr. at 2105: 18-22 (Silzars); Tr. at 2728 (Mercer); CBr. at 113; RBr. at 113; SBr. at 76; RX-96.) 02 Micro disputes that the ML4878 has a first feedback signal meeting element 'e' of claim 1 and element 'g' of claim 8 on the basis that it does not have a capacitor divider that represents the voltage across the lamp. (CBr. at 114.) With respect to element 'f of claim 1 and element 'h' of claim 8 of the '382 patent, 02 Micro's expert, Dr. Mercer, admitted that the ML4878 datasheet "would teach one of ordinary skill in the art a timer circuit." (Tr. at 2888 (Mercer); RFF 7.C.170; SORFF 7.C.170; CORRFF 7.C.170.) A review of the ML4878 datasheet shows that the ML4878 product is an LCD backlight lamp driver. (RX-96 at MPS-ITC 003703.) A diagram showing the typical application of the ML4878 follows: .'
I QNfQft E{J;1 __ r----.l..--,
,f l i I j OIM 4 t , , 1 , , , 't'v."'- j J
,d::e" '. ------ j: .. --- ----------------------------------------.--.-------- i (RX-96 at MPS-ITC 003707.) The datasheet further discloses that- - 148 - PUBLIC VERSION CCTLO Capacitor (CTLO pin) - Typical Value = O.331lF A capacitor to ground programs the maximum amount of time that the circuit can be in the over voltage or striking mode. The charge and discharge current is l/lA and the part latches off when the pin's voltage exceeds 3V. A 0.33/lF capacitor on this pin to ground will allow the part to strike for 1 second before the lamp is assumed to be malfunctioning and IC turns off. If a capacitance larger than l/lF is used, the ON pin must stay low for a time longer than 40/ls while VREG is still above 2V to ensure the circuit will reset properly. CCTLO = T DELAY (0 .3/lF) * * * LAMP OUT DETECT The ML4878 contains a lamp out detect circuit that will latch the circuit in the off state upon detection of a failed or open lamp connection. It has an adjustable time delay set by the value of the capacitor on the CTLO pin. This capacitor will set the maximum amount of time that the ML4878 will be in the over voltage or striking mode. A voltage of more than 0.25 volts nominal on the VSNS pin will initiate the charging of the capacitor on the CTLO pin. This capacitor is charged and discharged with a constant current of l/lA nominal. Once the voltage on the CTLO pin rises to approximately 3 volts the latch is set and the circuit enters a very low power state. The lamp out detect circuit can be reset by either taking the ON/OFF pin low momentarily or taking VREG below 4V nominally. Either of these will reset the latch, discharge the capacitor, and start a new striking sequence. If a capacitor larger than l/lF is used on CTLO the ON/OFF pin must be held low for at least 50/ls while the voltage on VREG is above 2.0 volts to ensure that the capacitor will discharge and the circuit reset. (Id. at MPS-ITC 003709, MPS-ITC 003711 (emphasis added).) The datasheet discloses a lamp out detect circuit, with an adjustable time delay based upon the value of the capacitor on the CTLO pin, that will tum offthe circuit if the voltage on the CTLO pin rises to approximately 3 volts. (Id.) If there is a voltage of more than the predetermined threshold of 0.25 volts nominal on the VSNS pin, the capacitor on the CTLO pin will begin to charge. (Id.) Based on this evidence, both Dr. Silzars and Dr. Mercer testified that the ML4878 discloses a timer circuit. (Tr. at 2888 (Mercer); Tr. at 2107:24-2108:10 (Silzars).) Neither expert, however, identified whether the ML4878 meets that portion of the timer circuit element in claims 1 and 8 of the '382 patent - 149- PUBLIC VERSION that requires the voltage signal to continually exceed the predetermined threshold for a predetermined duration. There is no evidence to show that there is squegging, or that the voltage signal is irregular such that the constant current source charges the capacitor only part of the time. Yet Respondents must show by clear and convincing evidence that a person of ordinary skill in the art at the time of the invention as claimed in claims 1 and 8 of the '382 patent would have understood the ML4878 to disclose not only a timer circuit, but a timer circuit that has a voltage signal that continually exceeds the predetermined threshold for a predetermined duration. They have not done so. Based on the above, the Administrative Law Judge finds that the ML4878 does not teach a timer circuit (element 'f of claim 1 and element 'h' of claim 8 of the '382 patent) such that it would have been obvious for a person of ordinary skill in the art to practice claims 1 and 8 of the '382 patent in light of Kawabata and Mech. Accordingly, the Administrative Law Judge finds that claims 1 and 8 are not obvious in light of the prior art cited by Respondents. 2. Claims 2, 4, 7, 9, 11 and 14. The Administrative Law Judge found above that independent claims 1 and 8 are not obvious in light of the prior art references cited by MPS and ASUS because these references do not disclose the timer circuit as claimed in the '382 patent. It follows that dependent claims 2, 4, 7,9, 11, and 14 are not obvious in light of these references. 3. Secondary Considerations of Non-Obviousness The Administrative Law Judge has found that none of the asserted claims ofthe '382 patent are obvious in light of the differences between the claimed invention and the prior art references cited by MPS and ASUS. Thus it is not necessary to reach a finding with respect to the secondary considerations of non-obviousness. The Administrative Law Judge notes in - 150- PUBLIC VERSION passing, however, that much of 02 Micro's evidence regarding the commercial success of the OZ960 and OZ964 products would not be relevant, as the Administrative Law Judge has found that these two products do not practice the asserted claims of the '382 patent. See discussion at Section VIlLA. below. E. Validity Under 35 U.S.c. 112. Failure To Provide An Adequate Written Description. MPS and ASUS say that the '382 patent fails to comply with 35 U.S.C. 112, and therefore is unenforceable because it does not include an adequate description ofthe timer circuit element in independent claims 1 and 8. (RBr. at 128-29.) They say that the only description of the "timer circuit" is the statement in the specification: "Preferably, a timer 64 is initiated once the OVP exceeds the threshold, thereby initiating a time-out sequence." (Id at 16.) This, they say, only describes providing a time-out sequence after the voltage signal (i.e., OVP) exceeds a threshold. They say the '382 specification says nothing about providing a time-out sequence once a "voltage signal exceeds a predetermined threshold for said predetermined duration," as required by the asserted claims. (Id at 16-17.) They say the claim makes clear that the condition for providing the "time-out sequence" is "when said first voltage signal exceeds a predetermined threshold for said predetermined duration." (Id. at 17.) In making this argument, MPS and ASUS continue their contention for claim construction that there are two time periods described in independent claims 1 and 8: one that starts when a predetermined threshold has been exceeded for a predetermined duration, and the other that occurs once the voltage signal has been exceeded for the predetermined duration. (Id.) - 151 - PUBLIC VERSION 02 Micro and Staff disagree with this and respond that, to the extent it relies on a two- period time-out period, the argument is erroneous. (CBr. at 128-30; CRBr at 66; SBr. at 82-83; SRBr. at 44-45.) The claim construction that MPS and ASUS rely on for their argument has been rejected for reasons set forth in Section lII.C. above and, therefore, their argument, insofar as it is based on that claim construction, is rejected for reasons already given. However, MPS and ASUS also contend that the asserted claims ofthe '382 patent are invalid under either a one- or a two-period construction of the predetermined duration of the timer circuit, because there is "no written description in the provisional application and the originally filed specification of exceeding a threshold for a length of time." (RRBr. at 69.) They say "[t]here is also no written description support for providing a time-out sequence conditioned upon a voltage signal exceeding the threshold for that length oftime. (Id. at 69-70.) 02 Micro argues that a party alleging that a patent is invalid for failure to comply with the written description requirement has the burden of establishing by clear and convincing evidence that the requirement has not been met, citing Intirtool, Ltd v. Texar Corp., 369 F.3d 1289, 1294 (Fed. Cir. 2004) (citing Cordis Corp. v. Medtronic AVE, Inc., 339 F.3d 1352, 1364 (Fed. Cir. 2003)) .. (Id. at 129, n.140.) Patents are presumed valid. 35 U.S.C. 282. The first paragraph of Section 112 says: "The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same .... " 35 U.S.C. 112. The specification for the '382 patent contains the following language: - 152- PUBLIC VERSION To protect the circuit from an over-voltage condition, the present embodiment preferably includes protection circuit 60, the operation of which is provided below (the description of the over current protection through the current sense comparator 42 is provided above). The circuit 60 includes a protection comparator 62 which compares signal CMP with a voltage signal 66 derived from the load 20. Preferably, voltage signal is derived from the voltage divider C2 and C3 (i.e., in parallel with load 20), as shown in FIG. 2. In the open-lamp condition, the frequency sweeper continues sweeping until the OVP signal 66 reaches a threshold. The OVP signal 62 is taken at the output capacitor divider C2 and C3 to detect the voltage at the output of the transformer TXl. To simplify the analysis, these capacitors also represent the lump capacitor of the equivalent load capacitance. The threshold is a reference and circuit is being designed so that the voltage at the secondary side of the transformer is greater than the minimum striking voltage (e.g., as may be required by the LCD panel) while less than the rated voltage of the transformer. When OVP exceeds the threshold, the frequency sweeper stops the frequency sweeping. Meanwhile, the current-sense 42 detects no signal across the sense resistor Rs. Therefore the signal at 24, the output of a switch block 38, is set to be at minimum value so that minimum overlap between switches A,C and B,D is seen. Preferably, a timer 64 is initiated once the OVP exceeds the threshold, thereby initiating a time-out sequence. The duration of the time-out is preferably designed according to the requirement of the loads (e.g., CCFLs of an LCD pane!), but could alternately be set at some programmable value. Drive pulses are disabled once the time-out is reached, thus providing safe- operation output of the converter circuit. That is, circuit 60 provides a sufficient voltage to ignite the lamp, but will shut off after a certain period if the lamp is not connected to the converter, so that erroneous high voltage is avoided at the output. This duration is necessary since a non-ignited lamp is similar to an open-lamp condition. (JX-1 at 8:40-9:2 (emphasis added); id. at Figs. 2, 3.) The above portion of the specification teaches that the threshold is a reference, and that the circuit is designed so that the voltage at the secondary side of the transformer is greater than the minimum striking voltage (e.g., as may be required by the LCD panel) while less than the rated voltage of the transformer. This portion of the specification, as well as the cited figures, provide additional description of the purpose and manner of protecting the circuit from an over-voltage condition. "The form and presentation of the description can very with the nature of the invention; compliance with the written description requirement is a fact-dependent inquiry." In re Skvorecz, 580 F.3d 1262, 1269 (Fed. Cir. 2009). "[T]he applicant [for a patent] may employ 'such - 153 - PUBLIC VERSION descriptive means as words, structures, figures, diagrams, formulas, etc., that fully set forth the claimed invention.'" (Id., citing In re Alton, 76 F.3d 1168, 1172 (Fed. Cir. 1996).) The adequacy of the description depends on content, rather than length. In re Hayes Microcomputer Products, Inc. Patent Litigation, 982 F.2d 1527, 1534 (Fed. Cir. 1992). "Specifically, the level of detail required to satisfy the written description requirement varies depending on the nature and scope of the claims and on the complexity and predictability of the relevant technology." Ariad Pharms., Inc., v. Eli Lilly & Co., _F.3d __ , 2010 WLI007369 *12 (Fed. Cir. 2010) (en banc). The specification must objectively demonstrate that the applicant was in possession of the claimed subject matter. (Id at 10, 12.) Here, reasonably considered in context, there is more described in the specification that explains the timer circuit and the predetermined duration than what MPS and ASUS argue. Their contention of invalidity for failure to provide a written description is therefore rejected. Microsemi further argues that there is insufficient disclosure in the '382 patent to show that applicant had possession of "signal conditioning" at the time of filing. (MBr. at 81.) 02 Micro responds that this argument should be precluded based on Ground Rule 8.2 because Microsemi failed to raise this challenge in its pre-hearing briefing. (CRBr. at 66-67.) 02 Micro points out that Dr. Chapman essentially admitted that the '382 patent fully comports with the written description requirement. (Id) Staff argues that Microsemi's theory should be rejected because "[t]he specification and provisional application do not describe "squegging" or "ending" the overvoltage conditions because this is outside the claims (in both cases the voltage exceeds the threshold and is intentionally reduced so the overvoltage condition is not continuous)." (SBr. at 45.) - 154- PUBLIC VERSION A review of Microsemi's pre-hearing brief shows that Microsemi provided a discussion of the enablement requirement of Section 112, but no theory that the claims of the' 3 82 patent were not enabled. (Microsemi Pre-Hearing Brief, dated September 25,2009, at 68-69.) Accordingly, the Administrative Law Judge finds that Microsemi's arguments with respect to a failure of written description with respect to "signal conditioning" are waived. See Order No.2, Ground Rules 8.2, 11.1. Even if they were not waived, the Administrative Law Judge finds the arguments submitted by Staff and 02 Micro to be persuasive. Indefiniteness. Staff rightly points out that MPS and ASUS in their Post-Hearing Brief failed to assert that the claims are invalid based on indefiniteness, and that ground is therefore waived under Ground Rule 11.1. (SRBr. at 45.) VI. ENFORCEABILITY A. Inequitable Conduct. Patent applicants and their attorneys have "a duty of candor and good faith" in dealing with the PTO, "which includes a duty to disclose ... information known ... to be material to patentability." 37 C.F.R. 1.56(a). A patent may become unenforceable on the grounds of inequitable conduct if the patentee withheld material information from the PTO with intent to mislead or deceive the PTO into allowing the claims. LaBounty Mfg., Inc. v. Us. Int'l Trade Comm 'n, 958 F.2d 1066, 1070-1074 (Fed. Cir. 1992) ("LaBounty"). Both materiality and intent must be proven by clear and convincing evidence. Id When inequitable conduct occurs in relation to one or more claims of a patent, the entire patent is unenforceable. Kingsdown Med Consultants, Ltd v. Hollister, Inc., 863 F.2d 867,877 (Fed. Cir. 1988) (en banc). - 155 - PUBLIC VERSION "The materiality of information withheld during prosecution may be judged by the 'reasonable examiner' standard." McKesson Information Solutions, Inc. v. Bridge Medical, Inc., 487 F.3d 897, 913 (Fed. Cir. 2007) ("Materiality ... embraces any information that a reasonable examiner would substantially likely consider important in deciding whether to allow an application to issue as a patent."). However, a patentee need not disclose material information that is merely cumulative of other information already before the examiner. Baxter Int 'I, Inc. v. McGaw, Inc., 149 F.3d 1321, 1328 (Fed. Cir. 1998); 37 C.F.R. 1.56(b). Generally, when withheld information is highly material, a lower showing of deceptive intent will be sufficient to establish inequitable conduct. American Hoist and Derrick Co. v. Sowa and Sons, Inc., 725 F.2d 1350, 1363 (Fed. Cir. 1984) (America Hoist). Moreover, n[d]irect evidence of intent or proof of deliberate scheming is rarely available in instances of inequitable conduct, but intent may be inferred from the surrounding circumstances." Critikon, Inc. v. Becton Dickinson Vascular Access, Inc., 120 F.3d 1253, 1256 (Fed. Cir. 1997). Once the materiality of the withheld information and the patentee's intent to mislead have been established, the administrative law judge "must weigh them to determine whether the equities warrant a conclusion that inequitable conduct occurred." Bristol-Myers Squibb Co. v. Rhone-Poulenc Rorer, Inc., 326 F.3d 1226, 1234 (Fed. Cir. 2003) (quoting Molins PLC v. Textron, Inc., 48 F.3d 1172, 1178 (Fed. Cir. 1995)). "Because the effective filing date of each claim in a patent application determines which references are available as prior art for purposes of 102 and 103, information regarding the effective filing date is of the utmost importance to an examiner." Li Second Family Ltd Partnership v. Toshiba Corp., 231 F.3d 1373, 1379-80 (Fed. Cir 2000) (applicant misrepresentation relating to benefit of earlier filing date is highly material.). "The affirmative - 156 - PUBLIC VERSION act of submitting an affidavit must be construed as having been intended to be relied upon." Refac Int'l Ltd. v. Lotus Dev. Corp., 81 F.3d 1576, 1583 (Fed. Cir. 1996). Further, one cannot excuse a misleading affidavit on the grounds of being cumulative. Id. "Affidavits are inherently material." Id. "Intent is often inferred from surrounding circumstances when a material misrepresentation is shown"; however, such "an inference is not required in every case, even when the misrepresentation is in affidavit form." Glaxo Inc. v. Novopharm Ltd., 52 F.3d 1043, 1048 (Fed. Cir. 1995). MPS and ASUS defend against Complainant's infringement claims by asserting the defense of inequitable conduct on the part of Dr. Lin, the applicant for the '382 patent. (RBr. at 129-35.) They argue, in support of this defense, that Dr. Lin made material misrepresentations, false statements, and intentional omissions before the United States Patent and Trademark Office ("PTO"). They further contend that Dr. Lin hid references from the PTO by overwhelming the examiner with voluminous submissions and withholding material prior art information, with deceptive intent. (Id.) Because of these allegations, these respondents advocate that no violation of 19 U.S.C. 1337 should be found. (Id.) 1. Alleged inequitable conduct involving Declaration of Dr. Lin. MPS and ASUS first argue that Dr. Lin, during the prosecution of the '382 patent, submitted to the PTO a false declaration. ("Declaration of Prior Invention in the United States to Overcome Cited Patent"-RX-14.) That declaration reads, in part, as follows: The declaration made hereof is to establish a conception of the invention in this Application in the United States, at a date prior to January 22, 1999 .... The present invention was conceived at least as early as February 18, 1998. - 157 - PUBLIC VERSION (RX-14 at 02ITC 001445-46.) They say that this element of Dr. Lin's declaration is materially false because it purports that certain computer schematics appended to the declaration corroborate his claim that he conceived the '382 invention at least as early as February 18, 1998, because the schematics, which were created by a software program called SPice 46 , also automatically inserted the date that they were created, "Feb., 18, 1998 [sic]." (RBr. at 131.) They argue, further, that Dr. Lin admitted during the hearing that his former federal court trial testimony, some of which was also appended to the declaration, was erroneous with respect to the assertion that the date of the schematics was automatically inserted by PSpice program. (Id.) Staff's position on this point is that, although Dr. Lin testified that he had inadvertently erred in prior testimony by saying the date in question was computer-generated, he testified that he had, in fact, created the schematics in February 1998 and, further, said he had no idea why his cross-examination testimony in prior litigation was not tendered to the PTO. (SBr. at 86.) It is Staff's conclusion that MPS and ASUS have not produced clear and convincing evidence that Dr. Lin's declaration to the PTO was intentionally misleading. (Id.) Dr. Lin acknowledged at the hearing that during the course of his former federal court trial testimony he had erroneously said that the computer program he had been using automatically inserted the date of creation of the schematics, whereas he, himself, must have inserted the "Feb., 18, 1998" date, although he does not have an independent recollection of doing so. (Tr. 550-552, 707-08, and 801.) Therefore, to the extent that Dr. Lin's declaration to the PTO can reasonably be read to say that the SPice program automatically inserted the date of creation of the schematics, it would constitute false information. 46 At various times in the hearing in this investigation this software has been alternatively referred to as SPICE or PSpice. - 158 - PUBLIC VERSION However, the extracted portions ofthe testimony of Dr. Lin that are attached to his declaration to the patent examiner do not include any direct statements by Dr. Lin that the computer program that he used to produce the schematics automatically inserted the date. They simply mention that the schematics include the date they were created, that being February 18, 1998. Although Dr. Lin has admitted that he did testifY in prior federal court trials that the PSpice program automatically inserted the February 18, 1998 date, that portion of his testimony is not included in the extracts of testimony that are appended to his declaration to the patent examiner. MPS and ASUS argue, however, that "02 Micro indicated the diagrams in Exhibit A [appended to Dr. Lin's declaration] were automatically dated." (RBr. at 131.) For this assertion, MPS and ASUS cite to IX-2, at 02ITC 014759, which is a portion of a transcript of a closing argument of counsel for 02 Micro in one of the cases in which Dr. Lin testified, wherein the attorney, quoting a witness other than Dr. Lin, states that there is corroborating evidence for Dr. Lin's testimony in the form of computer dating in February 1998. This statement of counsel during the course of making a closing argument to a jury does not disclose what the witness specifically said about that subject, and is too remote, indefinite, and speculative to justifY an inference that it was intentionally and materially false and misleading. Dr. Lin admitted during the hearing that he had been wrong in testifying previously that the PSpice program automatically inserted the date; and he testified that he must have entered the date himself. (Tr. at 550-552, 707-08, and 801 (Lin).) However, Complainants have not provided sufficient evidence that warrants the conclusion that February 18, 1998 is a reliable date for establishing conception of the '382 invention. All that Dr. Lin is able to say with respect to that issue is that he has never purposely changed a date on a document. (Tr. at 551 (Lin).) That does not explain how he came to enter the February 1998 date in the schematics he - 159 - PUBLIC VERSION produced on June 24, 1999. He did not precisely testify to the source of the "Feb., 18, 1998" date that appears in the schematic produced in June 1999: whether he had strictly relied on memory or had referred to some source, and if so, what that source was and when it originated. Thus there are infirmities in Dr. Lin's account of what he considers corroborating evidence in the form of the schematics bearing the "Feb., 18, 1998 date. Nevertheless, Dr. Lin's declaration to the patent examiner is consistent with his testimony at the hearing, insofar as he asserts that he conceived his invention and produced schematics demonstrating his invention on February 18, 1998. The fact that the Administrative Law Judge concludes that evidence, independent of Dr. Lin's testimony, is not suffIcient to corroborate his claim that he fully conceived his invention at least as early as February 18, 1998, does not mean that his testimony in that respect is false. Furthermore, it is not enough for purposes of establishing inequitable conduct, simply to demonstrate that false or misleading information was given to the PTO. Clear and convincing evidence must show that the information was materially false and made with intent to deceive the examiner. Star Scientific, Inc. v. R. J Reynolds Tobacco Co., 537 F. 3d 1357, 1365 (Fed. Cir. 2008.) Complainants counter MPS and ASUS's inequitable conduct defense by arguing that there is no evidence that the schematics in question were created after February 18, 1998 or that they were backdated. (CBr. at 134.) Although this is not quite accurate, inasmuch as the evidence does show that the schematics in question, the ones that are in evidence in this investigation, were actually produced in June 1999 (Tr. at 554-55, 702-03), to the extent that there is no evidence that refutes Dr. Lin's testimony that the schematics mirror what he had created on February 18, 1998, Complainants are correct. Therefore, it cannot be concluded that, - 160- PUBLIC VERSION because Dr. Lin was wrong about the computer program having automatically inserted a date, he intentionally made a false statement to the patent examiner. MPS and ASUS also argue that Dr. Lin's declaration was materially false because none of the diagrams 47 that contain the "Feb., 18, 1998 [sic]" date showed or described every element of the invention as claimed on October 10,2006, when Dr. Lin's declaration was submitted to the PTO. (RBr. at 131.) Complainants respond that, insofar as the schematics do not include every item involved in the '382 patent claims, that is self-evident from the face of the documents, and thus Dr. Lin's cross-examination testimony would not have assisted the patent examiner. (CRBr. at 70.) MPS and ASUS argue that Dr. Lin's declaration to the patent examiner also failed to include portions of his cross-examination testimony from one the federal court trials wherein, they say, he admitted that his schematics, copies of which were attached to his declaration, do not show a feedback signal line, a timeout signal line to provide a delay, or an overvoltage protection line, all of which were limitations in the pending claims at the time Dr. Lin's declaration was submitted. (RBr. at 132.) Complainants counter that by saying that the transcript of Dr. Lin's testimony shows that he testified that, in fact, the features of his invention are contained in the schematics. (CBr. at 134, citing RX-25 at 02ITC 042010-11.) "While inequitable conduct includes affirmative misrepresentations of material facts, it also arises when the patentee fails to disclose material information to the PTO." Ferring B. V andAventis Pharmaceuticals, Inc. v. Barr Laboratories, Inc., 437 F. 3d 1181, 1186 (Fed. Cir. 2006). "The inequitable conduct analysis is performed in two steps comprising 'first, a determination of whether the withheld reference meets a threshold level of materiality and intent 47 The diagrams are also described as schematics, and for the sake of consistency they shall be referred to by that word herein. - 161 - PUBLIC VERSION to mislead, and second, a weighing of the materiality and intent in light of all the circumstances to determine whether the applicant's conduct is so culpable that the patent should be held unenforceable.'" Dayco Prods., Inc. v. Total Containment, Inc., 329 F. 3d 1358, 1362-63 (Fed. Cir.2003). The cross-examination testimony of Dr. Lin is equivocal insofar as whether it undermines the schematics attached to Dr. Lin's declaration. "Given the ease with which a relatively routine act of patent prosecution can be portrayed as intended to mislead or deceive, clear and convincing evidence of conduct sufficient to support an inference of culpable intent is required." Northern Telecom v. Datapoint Corp., 908 F. 2d 931, 939 (Fed. Cir. 1990). That the schematics in question reveal some, but not all, of the features of the invention is evident from an examination of them in relation to the claims included in the patent application. Dr. Lin asserted during his cross-examination that all of the concepts of his invention are included in the schematics that were later appended to his declaration to the patent examiner during the prosecution of the '382 patent. (RX-25 at 02ITC 042010-11.) Although an argument can be made that Dr. Lin's cross-examination testimony could conceivably be construed in a way that undermines the proposition that the schematics depict all of the elements of the '382 invention, once again, what is disclosed in the schematics is self-revelatory, and Dr. Lin's commentary does not alter what is, and what is not, contained within them. Therefore, the Administrative Law Judge concludes that the failure to provide to the PTO the referenced cross-examination testimony of Dr. Lin does not meet the threshold of materiality and intent to mislead. For these reasons, it is concluded that with respect to Dr. Lin's declaration to the patent examiner and the inclusion and exclusion of certain testimony in conjunction therewith, the - 162- PUBLIC VERSION evidence is not clear and convincing that there was misconduct of such degree as warrants setting aside the patent. 2. Alleged inequitable conduct by burying references of prior art among numerous records. MPS and ASUS also argue that the Complainants were guilty of inequitable conduct before the PTO because they overwhelmed the patent examiner with over 500 documents, inclusive of prior art references comprising thousands of pages of information, thereby hiding by "burying" some of the important information contained within, including certain prior art references: Kawabata, Henry, ML4878. (RBr. at 132-33.) Complainants deny the accusation, pointing out that Kawabata and the Henry references are contained within the first few pages of the first Information Disclosure Statement ("IDS") submitted to the PTO on September 7,2004 (CBr. at 133; JX-2 at 02ITC 000002-6, 02ITC 000032-44, and 02ITC 016576-611), and that the other two specific references mentioned by MPS and ASUS were disclosed in the first few pages of 02 Micro's IDS dated November 20,2006 and were also specifically called out in an accompanying transmittal letter to the PTO. (CBr. 133; JX-2 at 02ITC 002072-80.) They also note that all of those references were initialed by the patent examiner, thus signifying the fact that he had reviewed and considered them. (CBr. 133 and JX-2 at 02ITC 000064, 000071-80 015778-79, and 015785-94.) However, MPS and ASUS, in turn, reply that the examiner also stated: "By initializing each of the cited references on the accompanying 1449 forms, the examiner is merely acknowledging the submission of the cited references and merely indicating that only a cursory review has been made of the cited references." (RRBr. at 70; JX-2 at 02ITC 015743-44.) They say that following the examiner's comments, 02 Micro did nothing to assist him in sorting through the material. (RRBr. at 71.) - 163 - PUBLIC VERSION In reply to these remarks, Complainants point to the fact that the examiner's quoted comments specifically referred back to an October 9,2007 IDS submitted by 02 Micro which did not relate to Kawabata, ReillY, or ML4878. (CRBr. at 68-69.) They repeat their initial argument that three of the references specifically pointed to by respondents as having been buried were disclosed in the first few pages of the first IDS that was submitted on September 7, 2004, and that the other two references mentioned by respondents were disclosed in the first few page of the IDS dated November 20, 2006-plus they were specifically called out in an accompanying transmittal letter to the PTO. (CRBr. at 68.) Staff s position on this point of contention is that three of the references that MPS and ASUS complain were buried were submitted with the initial application and the other two were identified before any of the alleged burying occurred. (SBr. at 87.) Staff does not believe that there is clear and convincing evidence that the alleged burying rose to the level of inequitable conduct. (Id.) The quoted comments of the examiner in his Detailed Action specifically referred to the IDS filed on October 9,2007. (JX-2 at 02ITC 015743.) The examiner referred to cited references in the accompanying 1449 forms and said he was acknowledging submission of the cited references and merely acknowledging a cursory review of them by him. (Id.) The references that MPS and ASUS argue were buried were submitted earlier and were not the express subject of the examiner's comments. Three of the references were among the first pages of the September 7, 2004 submission and the other two references were among the first few pages of the IDS of November 20,2006, and were also called out in an accompanying transmittal letter. It cannot be concluded on the basis of the October 7, 2007 action and the examiner's comments relevant thereto that the references identified by MPS and ASUS were buried or - 164- PUBLIC VERSION secreted or that there was intent by 02 Micro to conceal them from the attention of the examiner. Absent proof to the contrary, it is assumed that the examiner did consider the references. Molins PLC v. Textron, Inc., 48 F. 3d 1172, 1184 (Fed. Cir. 1995). "It is presumed that public officials do their assigned jobs." Northern Telecom v. Datapoint Corp:, 908 F. 2d 931, 939 (Fed. Cir. 1990). For these reasons, the Administrative Law Judge concludes that the evidence is not clear and convincing that 02 Micro's conduct insofar as its submission of materials to the PTO was intentionally misleading or otherwise constituted inequitable conduct. 3. Alleged inequitable conduct by withholding a relevant court order in other litigation. MPS and ASUS accuse 02 Micro of inequitable conduct by failing to inform the PTO of an order entered by a federal court judge on October 30, 2007 denying a motion of 02 Micro for ajudgment as a matter oflaw that a certain patent (,722), which is a predecessor to the '382 patent, was not invalid by virtue of the on-sale bar of35 U.S.C. 102 (b). (RBr. at 133-34.) They argue that in a former federal court lawsuit ajury rendered a verdict that the '722 patent was invalid based on an on-sale bar and was obvious in view of U.S. Patent No. 5,932,129 (Henry). Following the verdict, 02 Micro sought and was denied judgment as a matter oflaw. (Id) MPS and ASUS say that the on-sale bar invalidating the '722 patent was based on an earlier offer for sale ofMPS's MPI010 products, and therefore was material and relevant to the validity of the '382 patent. (Id.) They contend that the order should have been disclosed to the PTO and its withholding by 02 Micro was done with deceptive intent. (Id.) 02 Micro responds that the subject order was not material because it was cumulative and duplicative of information contained in other litigation documents that it disclosed to the PTO, including the MPIOIO datasheets, the joint pretrial conference statement in the case referred to, - 165 - PUBLIC VERSION and the parties' briefs on the motions for judgment as a matter oflaw. (CBr. at 135.) 02 Micro also notes that MPS and ASUS did not raise an on-sale bar at the hearing in this Investigation and that the on-sale bar which they rely on here involved a different patent with different claims that do not include, for example, the timer circuit limitation. (Jd.) MPS and ASUS in their reply to 02 Micro argue that the judge's order explained why the jury's verdict was correct and supported the evidence produced at the trial. They say that this provided facts and context with which to evaluate the significance and materiality of the MP 1 010 and Henry prior reference, and none of the other litigation documents submitted to the PTO were as explicit as the order. (RRBr. at 72.) Staff says that the jury verdict in the federal court case was disclosed to the PTO, citing JX-l at 6. (SBr. at 87.) Staff does not believe that the failure to submit the order of the judge cited by MPS and ASUS constitutes clear and convincing evidence of inequitable conduct on the part of 02 Micro. (Jd.) "Information is 'material' when there is a substantial likelihood that a reasonable examiner would have considered the information important in deciding whether to allow the application to issue as a patent." Molins PLC v. Textron, Inc., 48 F. 3d 1172, 1179 (Fed. Cir. 1995). The order in question, although it may serve to add emphasis to the jury's verdict, does not disclose information that is materially new, different, or greater than what had already been disclosed to the PTO. It is cumulative of information revealed in the jury's verdict, the points of which have been disclosed to the PTO. (JX -1 at 6.) The fact that the judge evidenced by the order that he or she was not in disagreement with the jury does not impart greater weight or content to the jury's verdict. The story is the same after the judge's order as it was before the judge's order. It cannot be fairly concluded that there is a substantial likelihood that had the - 166 - PUBLIC VERSION examiner reviewed the order in question he would not have decided other than he did in allowing the '382 patent to issue. Therefore, the Administrative Law Judge concludes that the failure by 02 Micro to submit to the PTO the order in question was not an intentional nondisclosure of a material fact that constitutes inequitable conduct. 4. Alleged inequitable conduct by withholding documents describing the MPIOll prior art. MPS and ASUS accuse 02 Micro of failing to disclose to the PTO an October 2, 1998 reference circuit for their MPI0ll, which includes a capacitor divider. They argue that this reference is highly material and relevant to the validity of the '382 patent. (RBr. at 135.) 02 Micro responds that the October 2, 1998 reference circuit 48 is merely cumulative of other documents that were disclosed to the patent examiner involving the MPlOlO. For example, they say, an MPI0I0 datasheet was disclosed to the PTO in 02 Micro's November 20,2006 IDS and was also specifically called out in an accompanying transmittal letter. (CBr. at 136; JX-2 at 02ITC 037275, 000883-39, 001186-92, 000890-95, 037284, 00172 5-28, 015792, 001345, and 001347). MPS and ASUS, however, reply that the October 2, 1998 reference circuit is the earliest dated MPlOil document that includes the claimed capacitor divider in the '382 patent and, therefore, it is not cumulative. (RRBr. at 73.) Staff says that because 02 Micro did submit various other data sheets concerning the MP 1 010 and Dr. Lin testified that he relied on counsel to submit all relevant documents. Staff 48 02 Micro and Staff refer to this as MP 1 010, instead of MP 1011. According to the evidence, the MP 10 11 and the MP 1 0 1 0 are one and the same, the numbering changes coming about fIrst as a result of a passage of time, followed by a reversion to the original number for sentimental reasons. (Tr. at 1843-47 (Moyer).) - 167- PUBLIC VERSION further argues that it is not appropriate to infer intent to deceive in light of these facts. (SBr. at 88.) Although it appears to be true that the MPI0ll reference circuit (JX-169 at Mono-ITC- 00111439), dated October 2, 1998, is the earliest MP1011 document that depicts a "capacitor divider," there was an MP1010 Preliminary Data Sheet submitted to the PTO on September 6, 2005, dated February 1999, which signifies that it is second version ("V.2"), that includes a reference circuit that shows a capacitor divider. (JX-2 at 02ITC 000893.) Therefore, when MPS and ASUS say that the other documents describing the MPI0ll that were disclosed to the PTO are significantly later than the October 2, 1998 (RRBr. at 73), they are talking about a difference of four months, and while that can be a significant amount of time, depending on the circumstances, the arguments they present do not explain in what way this time difference is significant so as to constitute a material omission or deception with respect to the MP 1 0 11 and the issuance of the '382 patent. Thus, the Administrative Law Judge concludes that the October 2, 1998 MPI0ll reference is cumulative of other information submitted to the PTO and 02 Micro's failure to submit it was not intentionally deceptive. B. Unclean Hands. Based on the same set of facts outlined above with respect to inequitable conduct, Respondents MPS and ASUS argue that 02 Micro's infringement claims should be dismissed based on unclean hands, citing Aptix Corp. v. Quickturn Design Systems, Inc., 269 F.3d 1369 (Fed. Cir. 2001) (Aptix). (RBr. at 129-130.) In Aptix, the Federal Circuit upheld a trial court's inherent power to sanction a party's bad faith conduct, contempt, or unclean hands arising in - 168 - PUBLIC VERSION front of the trial court. Aptix, 269 F.3d at 1378 (finding that this inherent power to sanction a party through, e.g., dismissal, for litigation misconduct does not extend to the patent property right and cannot render a patent unenforceable). Thus the Federal Circuit distinguishes between misconduct before the trial court (litigation misconduct/unclean hands) and in front of the PTO for patent procurement (inequitable conduct). Id; Winbond Electronics Corp. v. International Trade Comm'n, 262 F.3d 1363, 1372 (Fed. Cir. 2001) ("inequitable conduct in patent procurement derives from the equitable doctrine of unclean hands"). However, the International Trade Commission is not a trial court, and the Administrative Law Judge does not share the same inherent contempt powers 49 noted in Aptix. Indeed, MPS and ASUS point to no precedent showing that such a litigation misconduct/unclean hands defense has successfully been alleged in a Section 337 patent investigation. Furthermore, MPS and ASUS fail to cite to any evidence, let alone clear and convincing evidence,50 to support the conclusory statement that "02 Micro has knowingly submitted this evidence of conception into these proceedings, purporting to rely upon it in order to overcome certain material prior art references." (Id at 135.) "[U]nsworn attorney argument is not evidence." Perfect Web Technologies, Inc. v. InfoUSA, Inc., 587 F.3d 1324, 1332 (Fed. Cir. 2009) (internal formatting omitted). Furthermore, as MPS and ASUS have not adduced any evidence separate and apart from that which supports their claim that 02 Micro's actions constitute inequitable conduct, for the same reasons previously stated for concluding that the evidence is not clear and convincing that 02 Micro's actions as alleged by MPS and ASUS constitutes inequitable conduct, the 49 The Commission's Rules do provide for sanctions in the event of misconduct, however, these rules have not been invoked by respondents. See e.g., 19 C.F.R. 21O.4(d), 210.25. The Administrative Law Judge declines to invoke them sua sponte. 50 In re Omeprazole Patent Litigation, 483 F.3d 1364, 1374 (Fed. Cir. 2007). - 169- PUBLIC VERSION Administrative Law Judge concludes the evidence is not clear and convincing that 02 Micro has acted with unclean hands in the prosecution of its claims involving the '382 patent. VII. WAIVER OR WITHDRAWAL OF RESPONDENTS' OTHER DEFENSES. Respondents' responses to the Complaint contain a number of defenses and arguments that were not raised in Respondents' pre-hearing briefing, discussed at the hearing, or raised in post-hearing briefing ("non-asserted defenses"). The non-asserted defenses include patent misuse, failure to state a claim, lack of unfair act, relief not in public interest, equitable estoppel, and waiver. (See Response of Microsemi Corporation to the Complaint and Notice of Investigation, dated February 27, 2009, at 13-18; Respondent Monolithic Power Systems, Inc.'s Response to the Notice of Investigation and the Complaint of Complainants 02 Micro International Limited and 02 Micro Inc., dated February 27,2009, at 33; Respondent ASUSTeK Computer Inc. and ASUSTeK Computer International America's Responses to the Notice of Investigation and the Complaint of Complainants 02 Micro International Limited and 02 Micro Inc., dated February 27,2009, at 30-31.) Under Ground Rules 8.2 and 11.1, these non-asserted defenses and arguments are deemed abandoned or withdrawn. (See Order No.2, Ground Rules 8.2, 11.1.) VIII. DOMESTIC INDUSTRY As stated in the Notice ofInvestigation, a determination must be made as to whether an industry in the United States exists as required by subsection (a)(2) of Section 337. Section 337 declares unlawful the importation, the sale for importation or the sale in the United States after importation of articles that infringe a valid and enforceable U.S. patent "only if an industry in the United States, relating to articles protected by the patent ... concerned, exists or is in the process - 170- PUBLIC VERSION of being established." 19 U.S.C. 1337(a)(2); Certain Ammonium Octamolybdate Isomers, Inv. No. 337-TA-477, Comm'n Op. at 55 (U.S.LT.C., Jan. 2004) ("Certain Isomers"). The domestic industry requirement consists of both an economic prong (i.e., the activities of, or investment in, a domestic industry) and a technical prong (i.e., whether complainant practices its own patents). Certain Isomers, at 55. The complainant bears the burden of proving the existence ofa domestic industry. Certain Methods of Making Carbonated Candy Products, Inv. No. 337-TA-292, Comm'n Op. at 34-35, Pub. No. 2390 (U.S.LT.C., June 1991). Thus, in this Investigation 02 Micro must show that it satisfies both the technical and economic prongs of the domestic industry requirement with respect to the '382 patent. The Administrative Law Judge has already found that 02 Micro has satisfied the economic domestic industry requirement with respect to the '382 patent based on 02 Micro's investments in the production of the OZ964 inverter circuit by X-FAB, and the direct investments in research and development and product support, including testing, service and repair, for the OZ960 and OZ964 CCFL inverter circuits. (Order No. 30.) However, as explained below, it is found that the technical domestic industry requirement is not satisfied with respect to the '382 patent. A. Technical Analysis A complainant in a patent-based Section 337 investigation must demonstrate that it is practicing or exploiting the patents at issue. See 19 U.S.C. 1337(a)(2) and (3); Certain Microsphere Adhesives, Process for Making Same, and Products Containing Same, Including Selj-StickRepositionable Notes, Inv. No. 337-TA-366, Comm'n Op. at 8, Pub. No. 2949 (U.S.LT.C., January 16, 1996). "In order to satisfY the technical prong of the domestic industry requirement, it is sufficient to show that the domestic industry practices any claim of that patent, not necessarily an asserted claim ofthat patent." Certain Isomers, supra, at 55. Fulfillment of - 171 - PUBLIC VERSION the "technical prong" of the domestic industry requirement is not determined by a rigid formula but rather by the articles of commerce and the realities of the marketplace. Certain Diltiazem Hydrochloride and Diltiazem Preparations, Inv. No. 337-TA-349, Initial Determination at 139, Pub. No. 2902 (U.S.I.T.C., June 1995) (unreviewed in relevant part); Certain Double-Sided Floppy Disk Drives and Components Thereof, Inv. No. 337-TA-215, Views of the Comm'n, Additional Views of Chairwoman Stem on Domestic Industry and Injury at 22, 25, Pub. No. 1860 (U.S.I.T.C., May 1986). The test for claim coverage for the purposes of the technical prong of the domestic industry requirement is the same as that for infringement. Certain Doxorubicin and Preparations Containing Same, Inv. No. 337-TA-300, Initial Determination at 109, 1990 WL 710463 (U.S.I.T.C., May 21, 1990), aff'd, Views of the Commission at 22 (October 31, 1990). "First, the claims of the patent are construed. Second, the complainant's article or process is examined to determine whether it falls within the scope of the claims." Id. The technical prong of the domestic industry can be satisfied either literally or under the doctrine of equivalents. Certain Dynamic Sequential Gradient Devices and Component Parts Thereof, Inv. No. 337-TA- 335, Initial Determination at 44, Pub. No. 2575 (U.S.I.T.C., November 1992). '382 Patent. 02 Micro argues that its OZ960 and OZ964 circuits (collectively, the 02 Products) practice independent claims 1 and 8 of the '382 patent. (CBr. at 80.) Staff agrees. (SBr. at 54- 59.) Respondents' chief argument is that the 02 Products do not meet the timer circuit limitation of the claims. (RBr. at 53-55; MBr. at 79-80.) Based on the undisputed evidence, the Administrative Law Judge finds that DC to AC cold cathode fluorescent lamp inverter circuits containing the 02 Products have a step-up - 172- PUBLIC VERSION transformer with a primary winding and a secondary winding for providing increased voltage to a cold cathode fluorescent lamp; a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; and a protection circuit coupled to a timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration, such that the preamble and elements 'a' through 'e' and 'g' of claim 1 ofthe '382 patent are met. (Tr. at 1623:7-1632:10 (Flasck); JX-168C; CX-29C; CX-30C; CFF IILD.ll (undisputed); CFF III.D.l3-22 (undisputed); CFF III.D.24-28 (undisputed); CFF IILD.30-33 (undisputed); CFF III.D.35-36 (undisputed); CFF IILD.38 (undisputed); CFF IILD.40-42 (undisputed); CFF IILD.44 (undisputed); CFF III.D.46 (undisputed); CFF IILD.48- 49 (undisputed); CFF IILD.51-57 (undisputed); SFF 184-189 (undisputed); SFF 191 (undisputed by 02 Micro and Microsemi; MPS and ASUS only object to the extent the protection circuit limitation discusses the timer circuit); RFF 6.1-6.10 (undisputed).) The Administrative Law Judge further finds that the 02 Products, when used in liquid crystal display units,51 have a liquid crystal display panel; a cold cathode fluorescent lamp for 51 It is undisputed that: Circuits containing the OZ960 and OZ964 are incorporated into liquid crystal display units. (JX- 168C, at p. 1; CX-29C, at 37960). Liquid crystal display units incorporating the OZ960 and OZ964 satisfY the limitation of claim 8 of the '382 patent calling for a liquid crystal display panel. (JX-168C, at p. 1; CX-29C, at 37960). - 173 - PUBLIC VERSION illuminating said liquid crystal display panel; a step-up transformer with a primary winding and a secondary winding coupled to said cold cathode fluorescent lamp for providing increased voltage to said cold cathode fluorescent lamp; a first switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a first polarity; a second switch coupled to said step-up transformer for selectively allowing said step-up transformer to receive DC voltage of a second polarity; a capacitor divider electrically coupled to said cold cathode fluorescent lamp for providing a first voltage signal representing a voltage across said cold cathode fluorescent lamp; a first feedback signal line coupled to said capacitor divider for receiving said first voltage signal from said capacitor divider representing said voltage across said cold cathode fluorescent lamp; and a protection circuit coupled to a timer circuit, said first switch and said second switch for shutting down said first switch and said second switch after said predetermined duration, such that the preamble, elements 'a' through 'g', and element 'i' of claim 8 of the '382 patent are met. (Tr. at 1623:7-1632:10 (Flasck); JX-168C; CX-29C; CX-30C; CFF IILD.ll (undisputed); CFF IILD.13-22 (undisputed); CFF III.D.24-28 (undisputed); CFF III.D.30-33 (undisputed); CFF III.D.35-36 (undisputed); CFF IILD.38 (undisputed); CFF IILDAO-42 (undisputed); CFF IILDA4 (undisputed); CFF IILDA6 (undisputed); CFF IILDA8- 49 (undisputed); CFF IILD.51-57 (undisputed); SFF 184-189 (undisputed); SFF 191 (undisputed by 02 Micro and Microsemi; MPS and ASUS only object to the extent the protection circuit limitation discusses the timer circuit); SFF 192-195 (undisputed); RFF 6.1-6.10 (undisputed).) Liquid crystal display units incorporating the OZ960 and OZ964 satisfy the limitation of claim 8 of the '382 patent calling for a cold cathode fluorescent lamp for illuminating said liquid crystal display panel. (JX-168C, at p. 1; CX-29C, at 37960). Liquid crystal display units containing the OZ960 and OZ964 satisfy the limitation of claim 8 of the '382 patent calling for the step-up transformer to be coupled to said cold cathode fluorescent lamp. (JX-168, at p. 1 & fig. 1; CX-29C, at 37960,37968). SFF 192-195 (undisputed). - 174 - PUBLIC VERSION With respect to the disputed timer circuit limitation of claims 1 and 8, the record shows that the 02 Products do not have "a timer circuit coupled to said first feedback signal line for providing a time-out sequence of a predetermined duration when said first voltage signal exceeds a predetermined threshold for said predetermined duration."s2 The data sheet for the OZ964 discloses that "[t]he controller provides open-lamp protection and over-voltage protection, while providing an appropriate response for either open-lamp ignition or removal of a lamp during normal operation. . .. { } (CX-29C at p.l. See also id. at p. 5, 7-8.) It further discloses that if the voltage reaches a predetermined threshold, { } The OZ960 datasheet contains similar disclosures. (JX-168C at p. 1, 7-8.) It is further undisputed that for the 02 Products- { 52 As discussed above, the language "a timer circuit ... for providing a time-out sequence of a predetermined duration" should mean "a circuit that limits the time for an overvoltage condition to persist." The language "when said first voltage signal exceeds a predetermined threshold for said predetermined duration" should mean "when a first voltage signal continually exceeds a predetermined threshold for a predetermined duration." - 175- PUBLIC VERSION } The above evidence establishes for the 02 Products that after the voltage signal exceeds a predetermined threshold of { } during strike mode, a capacitor charges. The time that it takes for the capacitor to charge determines the period before the chip shuts down. However, this evidence does not show whether the voltage signal continually exceeds { } while the capacitor is charging. For example, there is no mention of whether the capacitor would cease to charge if the voltage signal were to drop below { } On the contrary, the OZ964 data sheet suggests that, during start up mode, it is only after { } that the controller will shut down after { } (CX- 29C at p. 8.) Mr. Flasck's testimony, which was based on his review of the 02 Product data sheets and discussions with Dr. Lin, provides little clarification. He testified that it is his opinion that the 02 Products meet all of the limitations of claims 1 and 8, yet nowhere does he affirmatively state, or point to any specific evidence that shows, that the first voltage signal continually exceeds the predetermined threshold { } while the capacitor timer charges. (Tr. at 1623:7-1632:10 (Flasck).) Respondents call into question Mr. Flasck's underlying analysis of the 02 Products, and also point to testimony by Dr. Lin that suggests that there is no data to show that { - 176- PUBLIC VERSION } In particular, the following testimony by Dr. Lin creates some doubt as to whether the timer circuit limitations of claims 1 and 8 are met: { 53 As discussed above with respect to claim construction, there is no intimation anywhere in the intrinsic evidence for the '382 patent that the voltage must at all times and in all ways exceed the predetermined threshold. For example, as noted above with respect to the analysis of the MPS Products, it is the peak voltage of an AC voltage signal must exceed, for an extent of time that is predetermined, a certain threshold. - 177- PUBLIC VERSION } Because Dr. Lin repeatedly testified that he did not look at { } 02 Micro's argument that "Mr. Flasck relied on conversations with Dr. Lin" in addition to the data sheets, with respect to this issue, is not supported by the record. (CRBr. at 38.) Staff counters that there is no evidence to demonstrate that '''squegging' occurs or that the voltage signal is irregular such that the constant current source charges the capacitor only part of the time." It is true that Respondents presented no such evidence. However, 02 Micro has the burden of showing by a preponderance of the evidence that one of the 02 Products meets all the limitations of at least one claim ofthe '382 patent--including the timer circuit limitation. Certain Isomers, supra, at 55. An absence of evidence to the contrary is not enough to show that the claim limitation at issue here is indeed met. Based on the above, the Administrative Law Judge finds that 02 Micro has failed to demonstrate that the 02 Products meet the timer circuit limitations of claims 1 and 8 of the '382 patent. Therefore the Administrative Law Judge finds that the 02 Products do not practice claims 1 and 8 of the '382 patent. Accordingly, the Administrative Law Judge finds that 02 Micro has not satisfied the technical prong of the domestic industry requirement with respect to the '382 patent. B. Economic Analysis. The economic prong of the domestic industry requirement is defined in subsection 337(a)(3) as follows: (3) For purposes of paragraph (2), an industry in the United States shall be considered to exist if there is in the United States, with respect to the articles protected by the patent, copyright, trademark or mask work concerned - 178 - PUBLIC VERSION (A) Significant investment in plant and equipment; (B) Significant employment of labor or capital; or (C) Substantial investment in its exploitation, including engineering, research and development, or licensing. 19 U.S.C. 1337(a)(3). The economic prong of the domestic industry requirement is satisfied by meeting the criteria of anyone of the three factors listed. '382 Patent. The Administrative Law Judge previously found that 02 Micro satisfied the economic domestic industry requirement with respect to the '382 patent. (Order No. 30.) However, it should be noted as it was found above that the OZ960 and OZ964 products do not practice the '382 patent because they do not meet the timer circuit element of claims 1 and 8, this previous finding with respect to economic domestic industry must be reversed. IX. CONCLUSIONS OF LAW 1. The Commission has personal jurisdiction over the parties, subject-matter jurisdiction, and in rem jurisdiction over the accused MPS Products, ASUS Products and Microsemi Products. 2. The importation or sale requirement of Section 337 is satisfied. 3. None of the accused MPS Products listed in Section I.E. literally infringe asserted claims 1,2,4, 7, 8, 9, 11 and 14 of the '382 patent. 4. None of the accused ASUS Products listed in Section I.E. literally infringe asserted claims 1,2,4, 7, 8, 9, 11 and 14 of the '382 patent. 5. The inverter modules in the LX1691 Group (identified in Section IV.D.) of the accused Microsemi Products that contain inverter controllers from the LX1691 Family literally and directly infringe asserted claims 1 and 4 of the '382 patent. - 179- PUBLIC VERSION 6. The inverter modules in the LX1693 Group (identified in Section IV.D.) of the accused Microsemi Products that contain inverter controllers from the LX1693 Family literally and directly infringe asserted claims 1,2 and 4 of the '382 patent. 7. Microsemi has induced infringement of asserted claims 1,2,4,8 and 11 of the '382 patent. 8. Microsemi has not engaged in contributory infringement of the asserted claims of the '382 patent. 9. The conception date for the '382 patent is July 22, 1999. 10. The asserted claims 1,2,4, 7, 8,9, 11 and 14 of the '382 patent are not invalid under 35 U.S.C. 102 for anticipation. 11. The asserted claims 1,2,4, 7, 8, 9, 11 and 14 of the '382 patent are not invalid under 35 U.S.C. 103 for obviousness. 12. The asserted claims 1,2,4, 7, 8,9, 11 and 14 ofthe '382 patent are not invalid under 35 U.S.C. 112 for lack of written description. 13. The asserted claims 1,2,4, 7, 8,9, 11 and 14 of the '382 patent are not invalid under 35 U.S.C. 112 for indefiniteness. 14. The asserted claims 1,2,4, 7, 8,9, 11 and 14 of the '382 patent are not rendered unenforceable due to inequitable conduct. 15. The asserted claims 1,2,4, 7, 8,9, 11 and 14 of the '382 patent are not rendered unenforceable due to unclean hands. 16. A domestic industry does not exist, as required by Section 337. 17. With respect to Respondent MPS, it has been established that no violation exists of Section 337 for claims 1,2,4, 7, 8, 9, 11 and 14 of the '382 patent. - 180- PUBLIC VERSION 18. With respect to Respondent ASUS, it has been established that no violation exists of Section 337 for claims 1,2,4, 7,8,9, 11 and 14 of the '382 patent. 19. With respect to Respondent Microsemi, it has been established that no violation exists of Section 337 for claims 1,2,4,8,9, and 11 ofthe '382 patent. 54 X. INITIAL DETERMINATION AND ORDER Based on the foregoing, it is the INITIAL DETERMINATION ("ID") of this Administrative Law Judge that with respect to Respondent MPS, no violation of Section 337 of the Tariff Act of 1930, as amended, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain cold cathode fluorescent lamp inverter circuits or products containing same by reason of infringement of one or more of claims 1,2,4, 7, 8, 9, 11 and 14 of United States Patent No. 7,417,382. The Administrative Law Judge further determines that with respect to Respondent ASUS that no violation of Section 337 ofthe Tariff Act of 1930, as amended, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain cold cathode fluorescent lamp inverter circuits or products containing same by reason of infringement of one or more of claims 1,2,4,7,8,9,11 and 14 of United States Patent No. 7,417,382. The Administrative Law Judge further determines that with respect to Respondent Microsemi that no violation of Section 337 of the Tariff Act of 1930, as amended, has occurred in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain cold cathode fluorescent lamp inverter circuits or products 54 Even though the Administrative Law Judge found that Microsemi has directly and indirectly infringed certain claims of the '382 patent, there can be no violation of Section 337 ifthere is no industry in the United States, relating to articles protected by the patent. 19 U.S.C. 1337(a)(2). - 181 - PUBLIC VERSION containing same by reason of infringement of one or more of claims 1, 2, 4, 8, 9, and 11 of United States Patent No. 7,417,382. The Administrative Law Judge further determines that a domestic industry does not exist that practices U.S. Patent No. 7,417,382. Further, this ID, together with the record of the hearing in this Investigation consisting of: (1) the transcript of the hearing, with appropriate corrections as may hereafter be ordered, and (2) the exhibits received into evidence in this Investigation, as listed in the attached exhibit lists in Appendix C, are CERTIFIED to the Commission. In accordance with 19 C.F.R. 210.39(c), all material found to be confidential by the undersigned under 19 C.F.R. 210.5 is to be given in camera treatment. The Secretary shall serve a public version of this ID upon all parties of record and the confidential version upon counsel who are signatories to the Protective Order (Order No.1) issued in this Investigation, and upon the Commission Investigative Attorney. - 182- PUBLIC VERSION RECOMMENDED DETERMINATION ON REMEDY AND BOND I. REMEDY AND BONDING The Commission's Rules provide that subsequent to an initial determination on the question of violation of Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337, the Administrative Law Judge shall issue a recommended determination containing findings of fact and recommendations concerning: (1) the appropriate remedy in the event that the Commission finds a violation of Section 337, and (2) the amount of bond to be posted by respondents during Presidential review of Commission action under Section 3370). See 19 C.F.R. 2ID.42(a)(1)(ii). A. Applicable Law. The Commission may issue a remedial order excluding the goods of respondents found in violation of Section 337 (a limited exclusion order) or, if certain criteria are met, excluding all infringing goods regardless of the source (a general exclusion order). 19 U.S.C. 1337(d); Certain Hydraulic Excavators and Components Thereof, Inv. No. 337-TA-582, Comm'n Op., at 15 (U.S.I.T.C., February 3, 2009) ("Certain Excavators"). Here, 02 Micro requests a limited exclusion order if it prevails in the Investigation. A limited exclusion order instructs the U.S. Customs and Border Protection ("CBP") to exclude from entry all articles that are covered by the patents at issue and that originate from a named respondent in the investigation. See 19 U.S.C. 1337(d). B. Remedy with Respect to the '382 Patent. As discussed above in the Initial Determination on Violation of Section 337, the Administrative Law Judge has found that no violation has occurred with Respondents Monolithic - 183 - PUBLIC VERSION Power Systems Inc. ("MPS"), ASUSTeK Computer Inc. and ASUS Computer International (collectively, "AS US"), and Microsemi Corporation ("Microsemi"). Therefore, remedy with respect to the '382 patent is not warranted. In the event the Commission were to [md a violation of the '382 patent, the Administrative Law Judge's recommendation with respect to remedy follows. 02 Micro requests that, if a violation is found, a limited exclusion order against Respondents be issued with respect to all articles that are covered by the '382 patent claims at issue and that originate from a named Respondent in this Investigation. (CBr. at 138.) Specifically 02 Micro seeks a limited exclusion order prohibiting from entry into the United States (i) all infringing CCFL inverter circuits made or imported by or on behalf of Respondents, and (ii) products, including notebook computers, LCD panels, and LCD televisions, made or imported by or on behalf of Respondents that contain Respondents' infringing CCFL inverter circuits. (Id.) Staff, MPS, ASUS, and Microsemi essentially agree, although MPS and ASUS request that the limited exclusion order be directed to the specific inverter circuits and products found to infringe the asserted claims of the '382 patent. (SBr. at 90; RBr. at 136-37; MBr. at 83- 84.) Microsemi notes that any limited exclusion order should be tailored to only include those "current models of the accused Microsemi's CCFL inverter circuit chips and modules specifically found to infringe and found to be imported into the United States by or on behalf of Microsemi." (MBr. at 84.) The Administrative Law Judge agrees that if a violation is found, a limited exclusion order would be proper. The limited exclusion order should apply to Respondents and all of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors - 184- PUBLIC VERSION or assigns, and should apply to all of the accused MPS Products, ASUS Products and Microsemi Products that have been found to infringe the asserted claims of the '382 patent. II. CEASE AND DESIST ORDER Section 337 provides that in addition to, or in lieu of, the issuance of an exclusion order, the Commission may issue a cease and desist order as a remedy for violation of Section 337. See 19 U.S.C. 1337(1)(1). The Commission generally issues a cease and desist order directed to a domestic respondent when there is a "commercially significant" amount of infringing, imported product in the United States that could be sold so as to undercut the remedy provided by an exclusion order. See Certain Crystalline Cefadroxil Monohydrate, Inv. No. 337-TA-293, Comm'n Op. on the Issue Under Review, and on Remedy, the Public Interest and Bonding at 37- 42, Pub. No. 2391 (U.S.I.T.C., June 1991). Cease and desist orders have been declined when the record contains no evidence concerning infringing inventories in the United States. Certain Condensers, Parts Thereof and Products Containing Same, Including Air Conditioners for Automobiles, Inv. No. 337-TA-334, Comm'n Op. at 28 (U.S.I.T.C., Aug. 27, 1997). 02 Micro argues that MPS, ASUS Computer International ("ACI"), and Microsemi "maintain commercially significant inventories of infringing products in the United States" warranting cease and desist orders. (CBr. at 138.) Staff agrees. (SBr. at 91; SRBr. at 50-51.) Respondents argue that 02 Micro has failed to show that they maintain commercially significant inventories. (MBr. at 85; RBr. at 135.) MPS and ASUS further argue that 02 Micro should not be permitted to attribute the domestic inventory ofMPS's distributor, Avnet, to MPS because there is no consignment arrangement between the two companies. (RRBr. at 74.) With respect to ACI, the record shows that ACI maintains an inventory of ASUS notebook computers and LCD monitors containing CCFL inverter controller or circuits, - 185 - PUBLIC VERSION including accused products, in the United States. (SFF 313 (undisputed); CFF IV.B.l (undisputed); CFF IV.B.3 (undisputed).) ACI's inventory of products alleged to infringe the '382 patent includes 986 "AS N50V COT580012BG5/4GIUS" notebook computers, 2,205 "OE C90P WOCPU/WHOIWOMIUS" notebook computers; 2,907 "AS X83V COP8400/3BG5/4GIUS" notebook computers, 3,017 "AS VK222H BKl2MSINAlBB" LCD monitors, and 1,070 "AS VH222H BKl5MSINA" LCD monitors. (Id) The Administrative Law Judge finds ACI maintains a commercially significant amount of products containing CCFL inverter controller or circuits alleged to infringe the '382 patent in this Investigation. With respect to Microsemi, the evidence shows that Microsemi imports accused Microsemi Products into the United States and warehouses them in the United States. (CFF IV.B.4-5 (undisputed).) The undisputed record further shows that Microsemi had large quantities of accused Microsemi Products stored in California in February of2009. (CFF IV.B.6; SOCFF IV.B.6; ROCFF IV.B.6; MOCFF IV.B.6; CFF IV.B.7 (undisputed).) Microsemi provides no evidence to show that this inventory has declined. (MOCFF IV.B.6.) The Administrative Law Judge finds Microsemi maintains a commercially significant amount of accused Microsemi Products alleged to infringe the '382 patent in this Investigation. As for MPS, the undisputed evidence shows that Avnet is MPS's sole distributor for MPS products in the United States, and maintains an inventory of these products in Arizona. (CFF IV.B.17-18 (undisputed); CFF IV.B.23-26 (undisputed); CX-461C.) However, it is not possible to direct a cease and desist order to nonrespondent A vnet, and there is no evidence to show that a cease and desist order against MPS would have any effect on A vnet. See Certain Abrasive Products Made Using A Process for Powder Preforms, and Products Containing Same, Inv. No. - 186- PUBLIC VERSION 337-TA-449, Commission Opinion on Remedy, the Public Interest, and Bonding at 8 (U.S.I.T.C., July 26, 2002); ROCFF IV.B.15. Therefore, should the Commission determine that a violation has occurred with respect to Respondents ACI or Microsemi, the Administrative Law Judge recommends that the Commission issue a cease and desist order. III. BOND DURING PRESIDENTIAL REVIEW PERIOD The Administrative Law Judge and the Commission must determine the amount of bond to be required of a respondent, pursuant to Section 337(j)(3), during the 60-day Presidential review period following the issuance of permanent relief, in the event that the Commission determines to issue a remedy. 19 C.F.R. 210.42(a)(I)(ii). The purpose of the bond is to protect the complainant from any injury. 19 C.F.R 210.50(a)(3). When reliable price information is available, the Commission has often set the bond by eliminating the differential between the domestic product and the imported, infringing product. See Certain Microsphere Adhesives, Process for Making Same, and Products Containing Same, Including Self-Stick Repositionable Notes, Inv. No. 337-TA-366, Comm'n Op., at 24 (U.S.I.T.C., December 15, 1995). In circumstances where pricing information is unclear, or where variations in pricing make price comparisons complicated and difficult, the Commission typically has set a 100 percent bond. Id., at 24-25; Certain Digital Multimeters and Products with Multimeter Functionality, Inv. No. 337-TA-588, Comm'n Op., at 12-13 (U.S.I.T.C., June 3, 2008) (finding 100 percent bond where each respondent set its price differently, preventing clear differentials between complainant's products and the infringing imports). When a pricing comparison is impossible, it is also appropriate to set the bond based on a reasonable royalty. Certain Digital - 187 - PUBLIC VERSION Televisions and Certain Products Containing Same and Methods o/Using Same, Inv. No. 337- TA-617, Commission Opinion at 18 (U.S.I.T.C., April 23, 2009). 02 Micro argues that a bond of 100% of the entered valued of the accused products found to infringe the '382 patent is appropriate, because "a meaningful price comparison is impractical, if not impossible." (CBr. at l39-142.) Staff argues that based on clear evidence concerning royalties, { } (SBr. at 92-93.) Microsemi, without suggesting an amount, argues that any bond should be limited to a price differential between "competitive Microsemi accused products found to infringe and any of 02 Micro's products found to practice the claimed invention and support the domestic industry." (MBr. at 86.) MPS and ASUS request a bond of { } The Administrative Law Judge finds that the variations in pricing make price comparisons too difficult to be used for setting a bond. (CFF IV.C.I-42 (undisputed in relevant part).) A review of the royalty rates between 02 Micro and its licensees shows that { } The Administrative Law Judge finds that the $0.17 { } would be the most appropriate bond amount. IV. CONCLUSION In accordance with the discussion of the issues contained herein, it is the RECOMMENDED DETERMINATION of the Administrative Law Judge that in the event the - 188 - PUBLIC VERSION Commission finds a violation of Section 337, the Commission should issue a limited exclusion order directed to Respondents and all of their affiliated companies, parents, subsidiaries, or other related business entities, or their successors or assigns, and should apply to all of the accused MPS Products, ASUS Products and Microsemi Products that have been found to infringe the asserted claims of the '382 patent. Should the Commission determine that a violation has occurred with respect to Respondents ACI or Microsemi, the Administrative Law Judge recommends that the Commission issue a cease and desist order. Furthermore, if the Commission imposes a remedy following a fmding of violation, respondents should be required to post a bond of $0.17 for each accused CCFL inverter controller, inverter circuit, or inverter module imported during the Presidential review period. Within seven days of the date of this document, each party shall submit to the office of the Administrative Law Judge a statement as to whether or not it seeks to have any portion of this document deleted from the public version. The parties' submissions must be made by hard copy by the aforementioned date. Any party seeking to have any portion of this document deleted from the public version thereof must submit to this office a copy of this document with red brackets indicating any portion asserted to contain confidential business information by the aforementioned date. The parties' submission concerning the public version of this document need not be filed with the Commission Secretary. SO ORDERED. - 189- APPENDIX A ACCUSED ASUS PRODUCTS CX-403C First Supplemental Appendix E PRODUCTS THAT INCORPORATE ANY COMBINATION OF THESE INVERTER' BOARDS AND INVERTER CONTROLLERS INFRINGE A B I C I 0 E F ::::: : ; ;;: ; 7, i .. :tJ.i,\mqiir:rqr1J9.jJ{tf;l!
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DHS ET1602 ASET1602 lB 9PEORC2QZ I 90PEORC21221045STCQZ I MPI0091ES I DARFONIV164- 401GP 04G554012030 DHSETl602 AS ETl6021B 9PEORC2QZ 90PEORC21221045XL WQ MPlO091ES DARFONIV164- Z 40lGP 04G5540 12030 DHSETl602 AS ETl602 lB 9PEORC2QZ I 90PEORC212210857ZCQZ I MPIOO91ES I DARFONlVl64- 401GP 04G554012030 DHSETl602 ASETl6021B 9PEORC2QZ I 90PEORC2122108589CQZ I MPI0091ES I DARFONIV164- 401GP 04G554012030 DHSETl602 AS ETl602 lB 9PEORC2QZ I 90PEORC21221085HKCQZ I MPIOO91ES I DARFONIV164- 401GP 04G5540 12030 DHS ETl602 AS ETl602 lB 9PEORC2QZ I 90PEORC21221085LMCQZ I MPlOO91ES I DARFONIV164- 40lGP 04G5540 12030 DHS ET1602 AS ET16021B 9PEORC2QZ I 90PEORC2122204578CQZ I MPlO091ES I DARFONlVl64- 40lGP 04G554012030 DHSETl602 AS ETl6021B 9PEORC2QZ I 90PE-SORC20002QZ I MPlOO91ES I DARFONIV164- 40lGP 040554012030 7 First Supplemental Appendix E ASUS Notebook Computers With Inverter Boards Incorporating MPS Inverter Controllers Page 1 of 10 First Supplemental Appendix E ASUS Notebook Computers With Inverter Boards Incorporating MPS Inverter Controllers Page 2 of 10 First Supplemental Appendix E ASUS Notebook Computers With Inverter Boards Incorporating MPS Inverter Controllers Page 3 of 10 First Supplemental Appendix E ASUS Notebook Computers With Inverter Boards Incorporating MPS Inverter Controllers "":::" .: ' ,;:" . :,;;:il.nJ:
Infiingenaent; invalidity Infiingenaent; on Infiingenaent Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Chien Flasek, Richard; Choi,. Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Chien JX-28C Withdrawn 2 Admitted 10/30/09 Admitted 10/30/09 JX-29C JX-30C JX-31 JX-32C JX-33C JX-34C JX-35 JX-36C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Proposed MP1009R1 Infringement; Flasck, Richard; Uenten, Simplified Schematic, dated invalidity Paul; Moyer, James; 01123/2008; Proposed Sciammas, Maurice; Silzars, MP1009R1 / MP1009RO Aris Simplified Schematics, 1115/08 00109614-61 AMBIT Microsystems Infringement; Shannon, John; Flasck, Corporation Commercial validity; invalidity Richard; Moyer, James; invoice # 0806062 to J Sciammas, Maurice; Mercer, ShannonofMPS Melvin 00115117-1 MP1016 Datasheet, Rev. 1.9, Infringement; Non- Flasck, Richard; Uenten, 11123/05 infringement Paul; Moyer, James; (MONO-ITC 00410488- Sciammas, Maurice; Silzars, 41 Aris MPI038 Simplified Infringement; Non- Flasck, Richard; Uenten, Schematic, dated 03/0712005 infringement Paul; Moyer, James; (MONO-LTC 00454754-60) Sciammas, Maurice; Silzars, Aris MPI060 Datasheet, Rev. 1.4, Infringement; Non- Flasck, Richard; Uenten, 4/7/08 infringement Paul; Moyer, James; (MONO-LTC 00477817-28) Sciammas, Maurice; Silzars, Aris MPS Datasheet re MP61 093 Infringement; Non- Flasck, Richard; Uenten, Nu-Pulse CCFL Inverter infringement Paul; Moyer, James; Controller, Rev. 0.2, dated Sciammas, Maurice; Silzars, 09/26/2008 Aris (MONO-ITC 00518744- 5187 MP1015 Datasheet, Rev. 3.5, Infringement; Non- Flasck, Richard; Uenten, 10124/05 infringement Paul; Moyer, James; (MONO-ITC 00527772- Sciammas, Maurice; Silzars, Aris MPS Datasheet re MP1048- Infringement; Non- Flasck, Richard; Uenten, C097 Full-Bridge CCFL infringement Paul; Moyer, James; Controller; Rev. 1.0; dated Sciammas, Maurice; Silzars, 11/09/2006 Aris (MONO-ITC 00548832- 3 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 JX-37C JX-38C JX-39C JX-40C JX-41C JX-42C JX-45 JX-46C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 MPS Datasheet re MP1008 Infringement; Non- Flasck, Richard; Uenten, Half-Bridge CCFL infringement Paul; Moyer, James; Controller; Rev. 0.92, dated Sciammas, Maurice; Silzars, 07/09/2007 Aris (MONO-ITC 00556163- 5561 MPS Datasheet re MP10091 Infringement; Non- Flasck, Richard; Uenten, Nu-Pulse CCFL Inverter infringement Paul; Moyer, James; Controller; Rev. 0.9, dated Sciammas, Maurice; Silzars, 01114/2009 Aris (MONO-ITC 00558311- 55 MP1060/61 Datasheet, Rev. Infringement; Non- Flasck, Richard; Uenten, 0.1,814/05 infringement Paul; Moyer, James; (MONO-ITC 00729872-83) Sciammas, Maurice; Silzars, Aris MP1062 Datasheet, Rev. 0.1, Infringement; Non- Flasck, Richard; U enten, 8/24/05 infringement Paul; Moyer, James; (MONO-ITC 00729884-96) Sciammas, Maurice; Silzars, Aris MPS VION Family Infringement; Non- Flasck, Richard; U enten, Datasheet infringement Paul; Moyer, James; (MONO-ITC 00729907-17) Sciammas, Maurice; Silzars, Aris MPS Datasheet re MP1038 Infringement; Non- Flasck, Richard; U enten, Full-Bridge CCFL infringement Paul; Moyer, James; Controller; Rev. 1.9, dated Sciammas, Maurice; Silzars, 12/1912005 Aris 000152-1 MP1018 Datasheet, Rev. 1.5, Infringement; Non- Flasck, Richard; Uenten, 6/14/05 infringement Paul; Moyer, James; (MPS-ITC 115382-91) Sciammas, Maurice; Silzars, Aris MP1028 Datasheet, Rev. 1.2, Infringement; Non- Flasck, Richard; U enten, 12/12/05 infringement Paul; Moyer, James; (MPS-ITC 118579-118585) Sciammas, Maurice; Silzars, Aris 4 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30109 Admitted 10/301 Admitted 10/3010909 Admitted 10/30109 JX-47 JX-48C JX-49 JX-50 JX-51 JX-52C JX-53 JX-54C JX-55C JX-56C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 MP1017 Datasheet, Rev. 1.7, Infringement; Non- Flasck, Richard; Uenten, 8/24/05 infringement Paul; Moyer, James; (MPS-ITC 118613-20) Sciammas, Maurice; Silzars, Aris MP1037 Datasheet, Rev. 0.4, Infiingement;Non- Flasck, Richard; U enten, 12/19/05 infringement Paul; Moyer, James; (MPS-ITC 119007-16) Sciammas, Maurice; Silzars, Aris U.S. Patent No. 6,259,615 Validity; invalidity; Lin, Yung-Lin; Pfleger, Ed; (02ITC 018152-73) claim construction; Mercer, Ray ownership; Non- infringement; U.S. Patent No. 6,396,722 Validity; invalidity; Lin, Yung-Lin; Pfleger, Ed; (02ITC 018174-94) claim construction; Mercer, Ray ownership; Non- infringement; U.S. Patent No. 6,804,129 Validity; claim Lin, Yung-Lin; Pfleger, Ed; (02ITC 018223-42) construction; Mercer, Ray; Silzars, Aris ownership; invalidity; Non- Withdrawn 02 Micro 2004 Annual Lin, Yung-Lin; Keim, James; Badgett, Adam; Mercer, Ray OZ962 High-Efficiency Lin, Yung-Lin; Keirn, James; Inverter Controller Datasheet Badgett, Adam; Mercer, 02/1011998 Ray; Silzars, Aris; Campbel1, (02ITC 108571-80) Pamela; 02 Micro custodian of records Withdrawn 02 Micro OZ960 Intelligent Domestic industry; Lin, Yung-Lin; Flasck, CCFL Controller Technical validity; Non- Richard; Campbell, Pamela; Infonnation, dated infringement Badgett, Adam; Keim, 09/13/2000 James; 02 Micro custodian 142700-142 of records 5 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 JX-57C JX-58C Email Chain from E. Wang to R. Schiffer et a1. re 802 Market Analysis Mar 152006, dated 03/15/2006 143307-1433 JX-59C Withdrawn JX-60C Withdrawn JX-61C Withdrawn JX-62C JX-65 JX-66 JX-67 JX-68C JX-69C 02 Micro OZ962 High- Efficiency Inverter Controller Technical Information, dated 03/1111998 389851-3899 390174-3901 Withdrawn Domestic industry; remedy; bonding; Non-infringement Domestic industry; validity; remedy; bonding; Non- Validity; Non- infringement Domestic industry; validity; bonding; Domestic industry; validity; bonding; 6 Schiffer, Richard; Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Keirn, James; Lin, Yung-Lin; Mercer, Ray Lin, Yung-Lin; Mercer, Ray; Campbell, Pamela; Badgett, Adam; Keirn, James; 02 Micro custodian of records Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Lin, Yung-Lin; Keirn, James; Badgett, Adam; Mercer, Ray Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 JX-71C JX-72C JX-73C JX-74C JX-75C JX-76C . JX-77C JX-78C JX-79C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Domestic industry; Lin, Yung-Lin; Pfleger, Ed; validity; remedy; Mercer, Ray; Chang, Ivan bonding; Non- Keirn, James; Lin, Yung-Lin; Mercer Ivan Domestic industry; Keirn, James; Lin, Yung-Lin; Non-infringement Mercer, Ray; Chang, Ivan 02 Micro Sales report for Domestic industry; Lin, Yung-Lin; Chang, Ivan; OZ960 and OZ964 validity; remedy; Keirn, James; Badgett, (02ITC 421876-421877) bonding; Non- Adam; Flasck, Richard; OZ9RR&OZ9RRA&OZ9936 Keirn, James; Lin, Yung-Lin; to Ivan Mercer, Ray; Chang, Ivan (02ITC 421878-83) Sale detail from 2 1 ~ 2 9 Lin, Yung-Lin; Chang, Ivan; (02ITC 421884-422351) Keirn, James; Badgett, Adam; Flasck, Richard; Mercer Keirn, James; Lin, Yung-Lin; Mercer Ivan Settlement Agreement Domestic industry; Keirn, James; Lin, Yung-Lin; between 02 Micro validity; remedy; Mercer, Ray; Kuo, Perry International Limited and bonding; Non- Hon Hai Precision Industries, infringement Ltd. and Ampower Holding, Ltd., October 3, 2007 422538-41 Settlement Agreement Domestic industry; Lin, Yung-Lin; Chang, Ivan; between 02 Micro validity; remedy; Keirn, James; Badgett, International Limited and bonding; Non- Adam; Flasck, Richard; Rohm Co., Ltd., March 27, infringement Mercer, Ray 2008 - Signed by 02 Micro 422542-53 7 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/22/09 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/22/09 JX-80C JX-81C JX-82C JX-83C JX-84C JX-85C JX-86C JX-87C JX-88C JX-89C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Settlement Agreement Domestic industry; Lin, Yung-Lin; Chang, Ivan; between 02 Micro validity; remedy; Keirn, James; Badgett, International Limited and bonding; Non- Adam; Flasck, Richard; Rohm Co., Ltd., March 27, infringement Mercer, Ray; Kuo, Perry 2008 - Signed by Rohm 422 Withdrawn Memorandum of Agreement Domestic industry; Keirn, James; Lin, Yung-Lin; between 02 Micro and validity; remedy; Mercer, Ray; Kuo, Perry Samsung, 04/03/07 bonding; Non- License and Settlement Domestic industry; Keirn, James; Lin, Yung-Lin; Agreement between 02 validity; remedy; Mercer, Ray; Kuo Perry Micro International Limited bonding; Non- infringement List of 02 Micro Customers Domestic industry; Keirn, James; Lin, Yung-Lin; (02ITC 425125-161) validity; remedy; Mercer, Ray; Chang, Ivan bonding; Non- 02 Micro Inverter Sales Domestic industry; Keirn, James; Lin, Yung-Lin; (02ITC 565703-733) validity; remedy; Mercer, Ray bonding; Non- License Agreement between Domestic industry; Keirn, James; Lin, Yung-Lin; 02 Micro International validity; remedy; Mercer, Ray; Kuo, Perry Limited and Sanken Electric bonding; Non- Co., Ltd., May 22, 2008 infringement 611 Withdrawn 02 Micro Investor Domestic industry; Keirn, James; Lin, Yung-Lin; Presentation, dated 08/2009 validity; remedy; Mercer, Ray; Abbott, Gary (02ITC 612327-612353) bonding; Non- Keirn, James; Lin, Yung-Lin; Mercer, Ray; Koike, Dean; Richard 8 DM_US:22881148_3 Admitted 10/22/09 Admitted 10/30/09 Admitted 10122109 Admitted 10/30/09 Admitted 10/30109 Admitted 10/22/09 Admitted 10/30/09 Admitted 10/21109 JX-90 JX-91 JX-92C JX-93C JX-94C JX-95C JX-96 JX-97C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 02 Micro 2008 Annual Domestic industry; Lin, Yung-Lin; Badget, Report validity; remedy; Adam; Mercer, Ray Withdrawn Withdrawn 2009-03-05 Microsemi Party Admission; Keirn, James; Lin, Yung-Lin; Responses to 02 Micro 1 st Mercer, Ray Interrogatories (Nos 1-72) (w Party Admission; Flasck, Richard; Mercer, Ray 2009-03-18 Microsemi Party Admission; Lin, Yung-Lin; Badgett, Supplemental Response to Adam; Flasck, Richard; 02 Micro 1 st Set of Mercer, Ray Interrogatories Nos. 15,17,43,44,48,51,52,56,59, 61 2009-04-24 Complainants 02 Party Admission Party Admission Micro International and 02 Micro's Objections to Respondent Asustek's First Set of Interrogatories to Complainants 02 Micro International and 02 Micro 2009-04-27 Complainants 02 Party Admission Party Admission Micro International Ltd. 's and 02 Micro Inc. 's Objections and Responses to Respondent Asustek Computer Inc.'s Second Set of Interrogatories 29-3 9 Admitted 10/30/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10/19/09 Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 lX-98C 2009-04-09 Complainants 02 Micro International Ltd.'s and 02 Micro Inc.'s Objections and Responses to Respondent ASUSTEK Computer Inc. 's . First Set of Interrogatories to Complainants 02 Micro International Limitedand 02 Micro Inc. .1-2 lX-99C 2009-06-29 Microsemi Response to 02 Micro 2nd Set of Interrogatories . 73 lX-100C lX-101C 2009-08-07 Microsemi Further Supplemental Response to 02 Micro 2nd Set of Interrogatories (Nos. lX-102C lX-103C lX-104C 2009-08-25 Microsemi Response to ITC Staff 2nd Set of Interrogatories (Nos. 1 Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission 10 Admitted 10119109 Admitted 10/19/09 Admitted 10119/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19109 lX-105C 2009-03-05 02 Micro International Ltd.'s and 02 Micro Inc.'s Responses to Commission Investigative Staffs First Set of Interrogatories to Complainants, dated March 2009 JX-106C 2009-08-2402 Micro International, Ltd.'s and 02 Micro Inc.'s Responses to Commission Investigative Staffs Second Set of Interrogatories to lX-I07C 2009-03-05 Microsemi Responses to ITC Staff 1 st Set of Interrogatories (Nos. 1-1 lX-I08C 2009-03-27 ASUSTeK 1st Supplemental Response to ITC Staff 1 st Set of Interrogatories (Nos. 1-18) lX-109C 2009-03-05 ASUSTeK's Responses to ITC Staff 1 st Set of Interrogatories (Nos. 1-1 lX-110C 2009-08-24 ASUS Inti Response to ITC Staff 2nd Set of Interrogatories (Nos. lX-111C lX-112C Investigation No. 337-TA-666 Final Joint Exhibit List November 3,2009 Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission 11 Admitted 10/19109 Admitted 10/19109 Admitted 10119/09 Admitted 10/19109 Admitted 10/19/09 Admitted 10/19109 Admitted 10119/09 Admitted 10/19/09 JX-113C JX-114C JX-118 JX-119C JX-120C JX-121C JX-122C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 2009-08-24 MPS Response Party Admission Party Admission to ITC Staff 2nd Set of 1 LX1692B Application Note, Party Admission Party Admission Rev. 0.1, 3/7106 SEMI 201405-41 Infringement Party Admission Infringement Party Admission Withdrawn 2009-03-05 ASUSTeK's Party Admission Flasck, Richard; Choi, Responses to 02 Micro 1 st Kevin; Holliday, Roger; Set of Interrogatories (Nos 1- Litchfield, Steven;. 72) (w Verification) Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Party Admission 2009-03-05 BenQ Responses Party Admission Flasek, Richard; Choi, to 02 Micro 1 st Set of Kevin; Holliday, Roger; Interrogatories (Nos 1-72) Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; party Admission 2009-03-05 LGD Party Admission Party Admission CONFIDENTIAL Responses to 02 Micro 1st Set of Interrogatories (Nos 1-72) (w Party Admission Party Admission 12 Admitted 10119/09 Admitted 10130/09 Admitted 10/30/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10/19/09 JX-123C JX-124C JX-125C JX-126C JX-127C JX-128C JX-129C JX-130C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 2009-03-05 LGE Party Admission Party Admission CONFIDENTIAL Responses to 02 Micro 1st Interrogatories (Nos 1-72) (w 2009-03-05 LGE Responses Party Admission Party Admission to ITC Staff 1st Set of Interrogatories (Nos 1-18) (w Verification) 2009-03-05 MPS Responses Party Admission Party Admission to 02 Micro 1 st Set of Interrogatories (Nos 1-72) (w 2009-03-05 Respondent Party Admission Party Admission Microsemi Corporation's Response to 02 Micro's First Set of Interrogatories (NOS. 1 to All 2009-03-18 Microsemi Party Admission Party Admission Supplemental Responses to ITC Staff 1 st Set of 2009-03-27 ASUSTek 1st Party Admission Party Admission Supplemental Response to 02 Micro 1 st Set of Interrogatories (Nos. 1-72) 2009-04-06 Complainant 02 Party Admission Party Admission Micro International and 02 Micro's Responses and Objections to Respondent MPS's First Set of Requests For Admission 1-333 2009-04-09 Complainants 02 Party Admission Party Admission Micro International Ltd.'s and 02 Micro Inc.'s Objections and Responses to Respondent Microsemi Corporation's First Set of Interrogatories . 1-91 13 DM_US:22881148_3 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 JX-131C JX-132 JX-133 JX-134C JX-135C JX-136C Investigation No. 337-TA-666 Final Joint Exhibit List November 3,2009 2009-04-28 First Party Admission Party Admission Supplemental Response and Objections of Respondent Monolithic Power Systems, Inc. to Complainants 02 Micro International, LTD and 02 Micro Inc.'s First set of Interrogatories (Nos. 1-72) to Respondents, dated 04/28/2009 2009-05-04 Complainants 02 Party Admission Party Admission Micro International and 02 Micro's Objections and Responses to Respondent LG Display's First Set of 1-1 2009-05-04 Complainants 02 Party Admission Party Admission Micro International and 02 Micro's Objections and Responses to Respondent LG Electronic's First Set of 2009-05-04 MPS 1st Party Admission Party Admission Supplemental Response to ITC Staff 1 st Set of Interrogatories (Nos. 1-18) 2009-05-11 02 Micro Party Admission Party Admission International, Ltd. and 02 Micro, Inc.'s Responses to Monolithic Power Systems, Inc.'s Third Set of 2009-05-13 Complainants 02 Party Admission Party Admission Micro International Ltd. And 02 Micro Inc.'s Objections and Responses to Respondents BenQ Corporation and BenQ America, Corp.'s First Set of 14 Admitted 10/19/09 Admitted 10/19109 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 JX-137C JX-138C JX-139C JX-140C JX-141C JX-142C JX-143C JX-144C JX-145C Investigation No. 337-TA-666 Final Joint Exhibit List November 3,2009 2009-05-15 ASUStek 2nd Party Admission Party Admission Supplemental Response to 02 Micro 1 st Set of Interrogatories (Nos. 1-72) Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission 2009-06-29 MPS Responses Party Admission Party Admission to 02 Micro 1 st Set of Requests for Admission (Nos 1- 2009-07 -07 02 Micro Party Admission Party Admission International and 02 Micro's Objections and Responses to Respondent Asus's Second Set of Interrogatories (Nos. Party Admission Party Admission Party Admission Party Admission 15 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10119/09 JX-146C JX-147C JX-148C JX-149C JX-lS0C JX-1S1 JX-lS2C JX-1S3C 2009-07-16 Asustek 4th Supplemental Objections & Responses to 02 Micro Interrogatory No. 02 (w 2009-07-2302 Micro Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission Party Admission International Limited and 02 Micro Inc. Objections and Responses to Respondent Asustek Computer Inc. 's Third Set of Interrogatories to 2009-07-27 Asus Comp Inc. Party Admission Party Admission Response to 02 Micro 1 st Set of Requests for Admission (Nos. 1-408) (w 2009-07-27 Asus Compo IntI Party Admission Party Admission Response to 02 Micro 1st Set of Requests for Admission (Nos. 1-408) (w 16 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119109 Admitted 10119109 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 JX-154C JX-155C JX-156C JX-157C JX-158C JX-159C JX-160C JX-161C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 2009-07-29 Asus Compo Inc. Party Admission Party Admission Supp Response to 02 Micro 1st Set of Requests for Admission (Nos. 1-408) (w 2009-08-07 ASUS Computer Party Admission Party Admission Inti 1st Supplemental Objections and Responses to 02 Micro 2nd Set of Interrogatories (Nos. 73-80) Party Admission Party Admission 2009-08-14 Asustek Compo Party Admission Party Admission Inc. Objections and Responses to 02 Micros 4th Set of Interrogatories (Nos. 91- 2009-08-14 Asustek Party Admission Party Admission Computer Inc's Response to 02 Micro 2nd Set of Request for Admission (Nos. 409- 2009-08-14 Complainants 02 Party Admission Party Admission Micro International's and 02 Micro's Objections and Responses to Respondent Microsemi's Second Set of 92-11 2009-08-14 MPS First Party Admission Party Admission Supplemental Responses to 02 Micro 2nd Set of Interrogatories (Nos. 73-78) 2009-08-14 MPS Responses Party Admission Party Admission to 02 Micros 2nd Set of Request for Admission (Nos. 529 - 17 DM_US:22881148_3 Admitted 10119/09 Admitted 10/19109 Admitted 10119/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10119/09 Admitted 10119/09 Admitted 10/19/09 JX-162C JX-163C JX-l64 JX-165C JX-166 JX-167 JX-168C JX-169 JX-170C JX-l7lC JX-172C JX-173C Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 2009-08-14 MPS Second Party Admission Party Admission Supplemental Responses to 02 Micro 1st Set of Interrogatories (Nos. 1-72) 2009-08-14 02 Micro Party Admission Party Admission International and 02 Micro's Objections and Responses to Respondent Asus's Third Set of Interrogatories (Nos. lO- II 2009-08-2402 Micro Party Admission Party Admission International and 02 Micro's First Supplemental Responses to Respondent Asustek's Third Set of Interrogatories to 2009-06-02 02 Objections to Party Admission Party Admission ASUS 1st Intentionally Left Blank Intentionally Left Blank OZ960 Datasheet Intelligent Domestic industry; Party Admission; Campbell, CCFL Controller 10/2312001 Non-infringement Pamela; Lin, Yung-Lin; Badgett, Adam; Keirn, James; 02 Micro custodian of records MP1011IMP101O Reference Validity; invalidity Lin, Yung-Lin; Mercer, Ray; Circuits, 10/98 -11-98 Silzars, Aris; Ueunten, Paul; (MONO-ITC 00111138 - Moyer, James; Shannon, MONO-ITC 00111141 John Deposition Designations of Joint Deposition Ballew, Ryan Ballew Blackmon, VVlritney Deposition Designations of Bu, Chi Teng Chi Bu Deposition Designations of Cantelmo, John John Cantelmo 18 DM_US:22881148_3 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/19/09 Admitted 10/30/09 Admitted 10/21109 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 JX-175C JX-176C JX-l77C JX-178C JX-179C JX-180C JX-181C JX-182C JX-183C JX-184C JX-185C JX-186C JX-187C JX-188C JX-189C JX-190C JX-191C JX-192C JX-193C Deposition Designations of Jone 06/30/2009 Deposition Designations of Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Joint Deposition Chang, Jone Jone Chang, 08/0612009 and Designations 08/07/2009 Deposition Designations of Joint Deposition Chu, Julia Julia Chu Deposition Designations of Hardin, Frank Frank Hardin Deposition Designations of Hemiter, Marc Marc Herniter Deposition Designations of Kao, Leonard LeonardKao Deposition Designations of Lai, Ray Lai Lee, George Deposition Designations of Lee, YH YHLee Deposition Designations of Lin, Chris Chris Lin Deposition Designations of Litchfield, Steve Steven Litchfield Deposition Designations of Moyer, James James 07/15/2009 Deposition Designations of Neely, Richard Richard Deposition Designations of Nguyen, Chien Chien Deposition Designations of Novitsky, Thomas ThomasN Deposition Designations of Pratt, Steve Steve Pratt Deposition Designations of Rao,Meera MeeraRao Deposition Designations of Robertson, lance Lance Robertson Deposition Designations of Shannon, John John Shannon Deposition Designations of Shiung, Phoebe Phoebe 19 DM_US:2288 1148_3 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 JX-195C JX-196C JX-197C JX-198C JX-199C JX-200C JX-201C JX-202C JX-203C JX-204C JX-205C JX-206C JX-207C JX-208C JX-209C JX-21OC JX-211C JX-212C JX-213C Deposition Designations of DukeW 07/03/02009 Deposition Designations of DukeW 08/0512009 Deposition Designations of David Deposition Designations of Xiao Deposition Designations of Godwin Y 06122/2009 Deposition Designations of Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Strobel, Doug Wen, Duke Wen, Duke Wung, David Xiao, Deming Yan, Godwin Joint Deposition Yan, Godwin Godwin Yan. 07/3112009 and Designations 09/02/2009 Deposition Designations of Joint Deposition Yang, Erie ErieY Deposition Designations of ang, Tiffany Abbott, Gary Deposition Designations of j3adgett, Adam Adam Deposition Designations of Campbell, Pamela Pamela Deposition Designations of Chang, Freddy Deposition Designations of Chang, Ivan Ivan Deposition Designations of Chen, Simon SirnonChen Deposition Designations of Dela Cruz, Arnel Arnel Dela Cruz Deposition Designations of Densham, Bill Bill Densham Deposition Designations of Hao, James James Hao Deposition Designations of Keirn, James James Keirn. 06/18/2009 20 DM_US:22881148_3 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Deposition Designations of James 06/19/2009 JX-215C Deposition Designations of Hideo Koike JX-216C Deposition Designations of Tao JX-217C Deposition Designations of Steve Krems JX-218C Deposition Designations of Kuo JX-219C JX-220C JX-221C JX-222C Deposition Designations of Viorel Marinescu JX-223C Deposition Designations of LaurenceN JX-224C Deposition Designations of Edmund JX-225C Deposition Designations of Richard Schiffer JX-226C Deposition Designations of Simion JX-227C Deposition Designations of Marian JX-228C Deposition Designations of Arthur Su JX-229C Deposition Designations of Steve JX-230C Deposition Designations of Horia Udrea JX-231C Deposition Designations of KenY JX-232C Deposition Designations of Rita Yu JX-233C Deposition Designations of Zisen Yu DM_US:22881148_3 Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 Koike, Hideo Kong, Tao Krems, Steve Kuo, Perry Lee, Steve Lee, Terry Li, Y ou-Ling Viorel Nagel, Laurence Pfleger, Edmund Schiffer, Richard Simion, George Spenea, Marian Su, Arthur Tseng, Steve Udrea, Horia Yang, Ken Yu, Rita Yu, Zisen 21 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Deposition Designations of James 07123/2009 Investigation No. 337-TA-666 Final Joint Exhibit List November 3, 2009 JX-235C Asustek Computer Inc.'s Party Admission Party Admission Second Supplemental Objections and Responses to Complainant 02 Micro International Ltd. 's Nos. 74-75 22 Admitted 10/30/09 Dated: November 3, 2009 Respectfully submitted,
He . Bunsow K. T. Cherian Robert M. Harkins, Jr. HOWREYLLP 525 Market Street, Suite 3600 San Francisco, CA 94303 (415) 848-4900 Bert C. Reiser Margaret D. Macdonald Mark L. Whltaker HOWREYLLP. 1299 Pennsylvania Ave., N.W. Washington, D.C. 20004 (202) 783-0800 Attorneys for Complainants 02 Micro International Ltd. and 02 Micro Inc. CERTIFICATE OF SERVICE 1, Mike purbin, hereby certify that copies of FINAL JOINT EXHIBIT LIST, were served this 3 rd day of November 2009, as follows: The Honorable Marilyn R.. Abbott Secretary to the CoinmissiQn U.S. International Trade Commission 500 E Street, SW WaShington, DC 20436 The Honorable E. James Gildea Administrative Law Judge U.S. International Trade Commission 500 E Street, SW, Room 317 Washington, DC 20436 David O. Lloyd Office of Unfair Import Investigations U.S. International Trade Commission 500 E Street, SW, Room 401 Washington, DC 20436 On Behalf of Respondent Microsemi Corporation: . Joel D. Covelman THE YOCCA LAW FIRM, LLP 19900 MacArthur Blvd., Suite 650 Irvine, CA 92612 Fred T. Grasso Louis J. Alfieri GRASSOPLLC 1818 Library Street Suite 500 . Reston, vA 20190 On Behalf of Respondents Monolithic Power Systems Inc. and ASUSTeK Computer Inc.,. and ASUS Computer International: One copy by electronic filing Two copies by hand One copy by hand One copy by email [email protected] One copy by email [email protected] One copy by email [email protected] Smith R. Brittingham IV FINNEGAN; HENDERSON, F ARABOW, GARREIT & DUNNER., LLP 901 New York Avenue, Nw Washington, DC 20001 On Behalf of Respondent Monolithic Power Systems Inc.: Mark A.. Flagel LATHAM & WATKINS LLP 355 South Grand Avenue Los Angeles, California 90071-1560 One copy by email MPS-Asustek [email protected] One copy by email [email protected] Mike Durbin HOWRE.l
BY ELECTRONIC FILING The Honorable Marilyn R Abbott Secretary to the Commission U.S. International Trade Commission 500 E Street, S.W. Washington, DC 20436 Re: Certain Cold Cathode Fluorescent Lamp ("CCFL") Inverter Circuits and Products Containing Same, Inv. 337-TA-666 Dear Secretary Abbott: 1299 Pennsylvania Avenue, NW Washington, DC 20004-2402 . www.howrey.com Margaret D. Macdonald Partner T 202.383.6835 F 202.383.6610 [email protected] Pursuant to Ground Rule 11.1 and Order 14. enclosed for filing please find Complainants 02 Micro International Ltd. and 02 Micro Inc.' s Final ExhIbit List. Enclosure cc: Service List Respectfully subDlitted,
Counsel for Complainants . 02 Micro International Ltd. and 02 Micro Inc. AMSTERDAM BRUSSELS CHICAGO EAST PAlO AlTO HOUSTON IRVINE LONDON LOS ANGELES MADRID MUNICH NEW YORK NORTHERN VIRGINIA PARIS SAlT LAKE CITY SAN FRANCISCO TAIPB WASHINGTON, DC UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. Before the Honorable E. James Gildea Administrative Law Judge In the Matter of CERTAIN COLD CATHODE FLUORESCENT LAMP ("CCFL") INVERTER cm.cur.rS AND PRODUCTSCONTAnUNGSAME Investigation No. 337':'TA-666 COMPLAINANTs ()2 MICRO INTERNATIONAL LTD. AND 02 MICRO INC.'S FINAL EXHIBIT LIST eX-9 eX-I0 eX-ll eX-12 eX-13 eX-14 Withdrawn Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 DOCUMENTARY EXHIBITS Photographs of ASUSTeK F5RL-B2 notebook I Infringement; importation; PC remedy Infringement 1 DM_US:22889518_2 Lin, Yung-Lin; Flasck, Richard Flasck, Richard; Ueunten, Paul; Sciammas, Maurice; Moyer, James Admitted 10/21109 Admitted 10/30/09 CX-16 CX-17 CX-18 CX-19 CX-20 CX21 CX-22 CX-23 I Test results from inverter circuit with I {02ITC 037813-14} Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 I Infringement; importation; remedy I PhotOirraohs of Model 32LB9D television with Infringement; importation; remedy 02ITC 037831-33 LX1691 Datasheet. Rev. 1.0. 7/16/04 Infringement; importation; remedy Schematic of inverter circuit with LX1691 in Infringement; importation LG32LB9D (02ITC 0378849-50) I Test results from inverter circuit with LX1691 I Infringement; importation; in LG 32LB9D remedy 03785 I Receiot reflectinsz ourchase of ASUS F5RL- I Infringement; importation; remedy I {02ITC 037927-29} . RecelDt reflectml! ourchase ofLG 32BL9D I Infringement; importation; remedy 2 DM_US:22889518_2 I Lin, Yung-Lin; Flasck, Richard I Admitted 10/21/09 Lin, Yung-Lin; Flasck, Richard Admitted 10/30/09 I Lin, Yung-Lin; Flasck, Richard; Hollidav. ROIzer: Litchfield. I Admitted 10/30/09 I Lin, Yung-Lin; Flasck, Richard; Holliday, Roger; Litchfield, I Admitted 10/30/09 I Lin, Yung-Lin; Flasck, Richard I Admitted 10/30/09 I Lin, Yung-Lin; Flasck, Richard I Admitted 10/30/09 I Lin, Yung-Lin; Flasck, Richard I Admitted 10/30/09 CX-26 Withdrawn CX-27C Withdrawn CX-28 Withdrawn CX-29C CX-30C CX-31 CX-32 Intentionally Left Blank Intentionally Left Blank CX-35 Intentionally Left Blank Intentionally Left Blank CX-38 Intentionally Left Blank DM_US:;z2889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Claim construction; domestic I Flasck, Richard; Lin, Yung-Lin Flasck, Richard; Lin, Yung-Lin 3 Admitted 10/30/09 Admitted 10/30/09 CX-40C Withdrawn CX-41 Withdrawn CX-42C Withdrawn CX-43C Withdrawn CX-44 Withdrawn CX-45C Withdrawn CX-46 Withdrawn CX-47C Withdrawn CX-48 Withdrawn CX-49C Withdrawn CX-50 Withdrawn CX-51 I Intentionally Left Blank DM..US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 4 CX-52 I Intentionally Left Blank CX-53 I Simulation Schematics, dated 02118/98 . (02ITC 206825-36) CX-54 I Intentionally Left Blank CX-55 Intentionally Left Blank CX-56C Withdrawn CX-57C Withdrawn CX-58C Withdrawn CX-59C Withdrawn CX-60C Withdrawn CX-61C Withdrawn CX-62C Withdrawn CX-63C Withdrawn CX-64C Withdrawn CX-65C Withdrawn DM_US:22889518-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Validity; domestic industry 5 Lin, Yung-Lin; Nagel, Patrick; Mercer, Ray; Flasck, Richard Admitted 10/21109 CX-66C CX-67C CX-68C CX-69 CX-70 CX-71C CX-72C CX-73C CX-74C CX-75C CX-76C CX-77C CX-78C CX-79C Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List I November 3, 2009 Form 20-F 02 Micro International LID - I Domestic industry; validity OHM, period December 31, 2008, dated May Withdrawn Withdrawn Withdrawn MP1872 Datasheet, Rev. 0.9 03/24/06 I Infringement 0001 Withdrawn Withdrawn Withdrawn Withdrawn 6 DM_US:22889518_2 Lin, Yung-Lin; Badgett, Adam; Keirn, James; Flasck, Richard; Mercer Flasck, Richard Admitted 10/22/09 Admitted 10/30/09 CX-80C CX-81 CX-82C CX-83 CX-84C CX-85C CX-86C CX-87C CX-88C CX-89C CX-90C I ASUS Schematic (pEGA-ITC 00991567) I LX1691B Datasheet. Rev. 1.0.9/12/05 LX1692 Datasheet, Rev. 1.1,2/9/06 I Withdrawn I Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement Infringement I MPS Objective Spec re MPlO08 Half Bridge Infringement CCFL Controller, 0112006 00117221-117223 MPS Test Enllineerimz Product Develooment Infringement Chenlldu IC Failure Analvsis Enllineers Infringement I Ryan Ballew's Agenda, dated 04/26/2006 I (MONO-ITC 00081841-81842) I Withdrawn 7 DM_US:22889S18_2 Flasck, Richard Admitted 10/30/09 Flasck, Richard Admitted 10/30/09 Flasck, Richard Admitted 10/30/09 I Ballew, Ryan; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas Maurice Ballew, Ryan; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice Ballew, Ryan; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice I Ballew, Ryan; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice CX-95C CX-96C CX-97C CX-98C CX-99C CX-lOOC MONO-ITC 00081996-81997 MPS Comorate OrlZanization Chart. dated S-ITC 002635 MONO-ITC 00096358-96369 Email to A Zhou re MPI009 Develooment MONO-ITC 00096357 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Infringement Background; infringement Infringement Infringement MP1009 Initial Obiective Soecifications Ver Infringement Email chain from R. Ballew to B. Pan et al... Infringement 00081162-811 Email from R. Ballew to B. Pan re MP1009 Infringement . 8
I Ballew, Ryan; Flasck, Richard; . I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Ballew, Ryan; Kao, Leonard; Admitted Sciammas, Maurice; Wang, Fiona; 10/26/09 Xao, Demin Ballew, Ryan; Kao, Leonard; Admitted 10/30/09 Xao, Demin ; Flasck, Richard Ballew, Ryan; Kao, Leonard; Admitted 10/30/09 Admitted 10/30/09 Ballew, Ryan; KaQ, Leonard; Admitted Sciammas, Maurice; Wang, Fiona; 10/30/09 Xao, Deming; Flasck, Richard Ballew, Ryan; Kao, Leonard; Admitted Sciammas, Maurice; Wang, Fiona; 10/30/09 Richard CX-I02C CX-I03C CX-104C CX-105C CX-I06 CX-107C CX-108 CX-I09C Inl'estigation No. 337.1TA-666 02 Micro's Final Exhibit List November 3, 2009 I Email chain from R. Ballew to P. Ueunten re I Infringement I Email from R. Ballew to C. Chane re HO & I Infringement I Email form S. Gu to R. Ballew et al... re I Infringement I {MONO-ITC 00081873} Single Lamp CCFL Inverters LXMG1617A, Infringement LXMG1618A, LXMG181xand LXMG1800 LS I Withdrawn I Infringement Microsemi Products: CCFL Backlight Controller IC from Website, dated 06/25/09 I Withdrawn 9 DM_US:22889518_2 I Ballew, Ryan; Kao, Leonard; I Admitted 10/30/09 I Ballew, Ryan; Kao, Leonard; I Admitted 10/30/09 I Ballew, Ryan; Kao, Leonard; I Admitted Sciammas, Maurice; Wang, Fiona; 10/30/09 Xao, Deming; Flasck, Richard I Battaglia, Fabian; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien I a ~ i F a ~ i ~ ; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien CX-II0C CX-lIIC CX-1I2C CX-I13C CX-114 CX-1I5 CX-116 CX-I17 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 , ... Withdrawn Withdrawn Email from I. Signorino to S. McClure et al re Infringement; importation; 02 Micro Competition in the Fidd dated remedy; bonding 12/17/08 (MICRO SEMI 176165-176166) Spreadsheet showing Microsemi sales Infringement; importation; information remedy; bonding (MICRO SEMI 14228-14272) Microsemi Products: CCFL inverter Module - Infringement; importation Single Lamp from website, dated 06/25/2009 Microsemi Products: CCFL inverter Module - Infringement; importation Dual Lamp from website, dated 06/25/2009 I Withdrawn Withdrawn 10 DM_US:22889518_2 Battaglia, Fabian; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30109 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30109 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien CX-119 CX-122C CX-123C CX-124 CX-125C CX-126C CX-127C CX-128C CX-129C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Email from R. Holliday to F. Battaglia re NB Update call (25-Jun-'07) dated 7/2/07 (MICROSEMI 142587-588) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Infringement; importation 11 DM_US:22889S18_2 Battaglia, Fabian; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Admitted 10/30/09 CX-131C CX-132C CX-133C CX-134C CX-135C CX-136C CX-137C CX-138C CX-139C I Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email chain from T. Liu to 1. Wang et aI ... re Infringement HPQ trip report, dated 08/27/2007 (MICRO SEMI 173215-173217) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Email chain from D. CrugnaIe tp F. Battaglia Infringement re ASM NBO Q2 Target Performance thru Feb08, dated 03/24/2008, Nbo Target List for Q2FY08 (MICRO SEMI 174462-174479) I Withdrawn 12 DM_US:22889518_2 Battaglia, Fabian; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Strobel, Doug; CX-140C CX-141C CX-142C CX-143C CX-144 I Quanta - Microsemi Notebook Business Summary, dated October 2008 (MICRO SEMI 176053-176067) Investigation No. 337-TA-666 02 Micro's Final Exhibit List . November 3, 2009 Infringement; importation Email chain from J. Cho to F. Battaglia et al... ' Infringement; importation re Fabian's customer visit schedule on 2/27, dated 02/25/2009 (MICRO SEMI 176214) I Microsemi Notebook Tracking Report I Infringement; Bonding (MICROSEMI 176248-176256) Email from I Signorino to J. Cho re Compal Infringement Bidding dated 3/10/09 (MICROSEMI 176247) I Microsemi Datasheet re LX1692 Full Bridge Infringement; importation Resonant CCFL Controller, Rev. 1.2, dated 12120/2006 13 DM_US:22889518_2 Battaglia, Fabian; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Asaf Battaglia, Fabian; Flasck, Richard; Admitted Choi. Kevin: Hollidav. ROller: 10/22/09 Lance; Henry, George; Jin, Xiao in ; N en, Chien Battaglia, Fabian; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/22/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien CX-145 CX-146 CX-147 CX-I48 CX-149 CX-150 CX-151 CX-152 CX-153 CX-154 CX-I55 CX-156 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Microsemi Datasheet re LX1691A Enhanced Multi-Mode CCFL Controller, Rev. LIb, dated 08/30/2006 Withdrawn Microsemi Datasheet re LX1693 High Performance CCFL Controller w/ALS, Rev. 1.0, dated 08/0112007 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn . Withdrawn Withdrawn
Infringement; importation Infringement; importation 14 Battaglia, Fabian; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Battaglia, Fabian; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Admitted 10/22/09 Admitted 10/22/09 CX-157 CX-158C CX-159C CX-160C CX-161C CX-162C CX-163C CX-164C CX-167C Withdrawn Declaration of Whitney Blackmon Made Pursuant and Subject to 28 U.s..C. 1746, 6117/09 TE 000001 DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; importation; remedy Infringement; Importation Infringement;' Importation Infringement; Importation Infringement; Importation Infringement; Importation Infringement; importation; remedy; bonding Infringement; Importation 15 Blackmon, Whitney; Flasck, Richard I Blackmon, Whitney; Flasck, Richard I Blackmon, Whitney; Flasck, Richard I Blackmon, Whitney; Flasck, I Richard . I Blackmon, Whitney; Flasck, Richard I Blackmon, Whitney; F I ~ c k Richard Blackmon, Whitney; Flasck, Richard Blackmon, Whitney; Flasck, Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 X-171C I Withdrawn CX-172C I MPI872-Pegatron-2008-10-22.pdf (MONO-ITC 00244939-244943) Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Infringement; Importation Infringement CX-173C E-mail chain from C. Lin to D. Wen et al. re Infringement MPI872, dated 10/23/2008 (with certified translation) 00244928-24493 CX-174C CX-175C I Withdrawn E-mail chain from J. Bu to R. Wu et al. re Infringement MP1010B RFQ for Asus, dated 01116/2009 00450159-450160 CX-177C Chart Titled: Weekly Customer Visit Infringement CX-178C I E-mail from C. Lin to D. Wen et al. re I Infringement 16 DM_US:22889518_2 Blackmon, Whitney; Flasck, Richard I Blackmon, Whitney; Flasck, Richard Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas Maurice Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Wang, Fiona I Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Admitted 10/30/09 Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-179C CX-182C CX-185C CX-186C CX-187C CX-188 Maoda International Ltd Purchase Order to MPS dated 1/9/09 (MONO-ITC 00096301) 00096293-963 Withdrawn E-mail from J. Bu to D. Wen et al. re MPS CCFL Driver, dated 10102/2008 -ITC 00936118-93611 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Bonding Infringement Infringement Spreadsheet of part numbers and order dates, dated,2006 Infringement; Importation (MONO-ITC 00425062-425250) MPS product datasheet re MPI0I0B Cold Cathode Fluorescent Lamp Driver, dated 09/24/2007 Infringement 17 DM_US:22889518_2 Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, James; Neely, Richard Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice. Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Cantelmo, John; Flasck, Richard; Ueunten, Paul; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, James; Neely, Richard Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Admitted 10/30109 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30109 CX-190C CX-191C CX-192C CX-193C CX-194C CX-195C Pages from MPS website re MPS product information, Investigation No. 337-TA-666 02 Micro's FinalExhibit List November 3, 2009 Infringement http://products.monolithicpower.com/products, dated 06/1112009 and product information for the CCFL inverter controllers listed I Email from A. Parikh to M. Hsing et al... re Q3 New Product Release Update, dated 09/29/2008 (MONO-ITC 00411758-411759) I Email chain from 1. Cantelmo to L. Kao re MPI0I0B for HP, dated 05/24/2007 00450146-450151) I Commission Summary Sheet (MONO-ITC 00095291-95375) I Shipment Data (MONO-ITC 00281385-281393) I Shipping Report (MONO-ITC 00281394--281408) E-mail from W. Liu to R. Neely re attached Shipment Data and shipping report, dated 10/12/2008 Infringement Infringement Infringement; Importation; Remedy; Bonding I Infringement; Importation; I Remedy; Ronding I Infringement; Importation; Remedy; Bonding Infringement; Importation; Remedy; Bonding 18 DM_US:22889518_2 Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Cantelmo, John; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Cantelmo, John; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Cantelmo, John; Flasck, Richard; 1 Admitted Ueunten, Paul; Flasck, Richard; 10/30/09 Sciammas, Maurice; Rao, Meera, Moyer, James; Neely, Richard 1 Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Neely, Jr. I Cantelmo, John; Flasck, Richard; Ueunten. Paul: Mover. James: Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-197 CX-198C CX-199C CX-200C CX-203C CX-204C 00092403-92413 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Importation; Remedy; Bonding Email from B. Chen to 1. Cantelmo et al ... re Infringement; Importation; MP1026EF-LF RFQ for Worldgate, dated Remedy; Bonding 06/03/2008 (MONO-ITC 00277691) I Email chain form HI< Lee to K. Sandhu re Infringement; Importation; major design wins for the month, dated Remedy; Bonding 1111112008 (MONO-ITC 00478015-478016) I 2008-Aug USA Sales Forecast Infringement; Importation; (MONO-ITC 00093957-94067) Remedy; Bonding Withdrawn Witness Notes re Notice of Deposition to Jone I Infringement; Importation Witness Notes re 2nd Notice of Deposition to I Importation Jone 19 DM_US:228895 1 8_2 I Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Canteimo, John; Flasck, Richard; Ueunten, Paul; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, James; Neely, Richard Cantelmo, John; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Chang, Jone; Flasck, Richard Chang, Jone; Flasck, Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-208C CX-209 CX-210C CX-211C CX-213C CX-214 CX-215 Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Microsemi Datasheet re LX1697 High Performance CCFL Controller, rev. 1.1, dated 05/05/2008 Infringement 122121-1221 Withdrawn Microsemi Product Datasheet for LX1691, Rev. 1.0, dated 07/16/2004 Microsemi Datasheet re LX1693 High Performance CCFL Controller w/ALS, rev. 1.0, dated 06/1112007 (MICRO SEMI 122078-122093) Infringement Infringement 20 DM_US:22889518_2 Flasck, Richard; Choi, Kevin; Nguyen, Chien; Robertson, Lance; Holliday, Roger; Litchfield Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-216 I Microsemi Product Datasheet for LX1699, Rev. 1.0a, dated 02/05/2009 CX-217C I Withdrawn CX-21BC Withdrawn CX-219 Withdrawn CX-220C Withdrawn CX-221C Withdrawn CX-222C Microsemi Document Titled: MSC-AMSG Lighting Product by K. Choi Microsemi AMSG CCFL & Module Development Gr (MICRO SEMI 224049-224065) CX-223C I Withdrawn CX-224C Withdrawn CX-225C Withdrawn CX-226C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 , 02 Micro's Final Exhibit List November 3,2009 I Infringement Infringement 21 I Flasck, Richard; Choi, Kevin; Holliday; Roger; Litchfield, I Admitted 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I CX-227 CX-228C CX-229 CX-230C CX-231C CX-232C CX-233C CX-234C CX-235C I Microsemi Product Datasheet for LX1691, Rev. 1.1a, dated 09/13/2005 (MICRO SEMI 195062-195076) Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Microsemi Datasheet re LX1696 Full Bridge Infringement Resonant CCFL Controller, rev. 1.0, dated 02/27/2006 (MICRO SEMI 122094-122108) Email chain from J. Chu to M. Sciammas re Infringement MPI038 Korean customer returns, dated 05/07/2008 00102640-102 I July 2008 Progress Report-FA, 08/06/08 Infringement (MONO-ITC 00509311-509314) MPS Datasheet re MPI038 Full Bridge CCFL Infringement Controller, dated 12119/2005 00080353-8 I Withdrawn 22 DM_US:22889518_2 Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, David Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, David Chu, Julia; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Chu, Julia; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas Maurice Chu, Julia; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 CX-241C CX-242C CX-245C CX-246C CX-247C CX-248C MPSfTDK presentation (MONO-ITC 00519394 -519404) Withdrawn Withdrawn .thdrawn ONO-ITC 00519391-519393 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I I Infringement Failure Analvsis Reauest form re MPI038EX- Infringement Email chain from S. Sheri to S. Dobbins et al... Infringement I (MONO-ITC 00507120} MPS Failure Analysis Report: F A0652, dated Infringement 06/08/2005 23 DM_US:22889S18_2 I Chu, Julia; Flasck, Richard; Ueunten, Paul; Moyer, James; I Admitted 10/30109 Maurice Chu, Julia; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Chu, Julia; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30109 Maurice Chu, Julia; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30109 Sciammas, Maurice I Chu, Julia; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30109 Maurice CX-250C CX-251C CX-252C CX-253C CX-254C CX-255C CX-256C CX-257C CX-258C CX-259C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 MP1038 Inventory spreadsheet (MONO-ITC 00507668) E-mail fromC.ChangtoJ.Chuetal...re M01038 wip and stock, dated 01120/2006 (MONO-ITC 00507667) IllINEC Qualification Transfer spreadsheet (MONO-ITC 00503048) Email chainfromD.XiaotoJ.Chuetal...re IllINEC transfer of meeting minutes, dated 03/29/2007 Withdr, Withdrawn Withdrawn I Withdrawn . WIthdrawn Infringement; Remedy Infringement Infringement 24 DM_US:22889518_2 Chu, Julia; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Chu, Julia; Xiao, Deming; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-262C CX-263C CX-264C CX-265C CX-268C CX-269C CX-270C CX-271C CX-272C CX-273C CX-274C Withdrawn Withdrawn Greater China_Customer Shipment History_081118 00449 Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Email chain from R. Holliday to' 1. Graham re I Infringement Life Fitness samples dated 10128/2002 071615-61 Withdrawn Withdrawn Withdrawn 25 DM_US:22889518_2 Wang, Fiona; Flasck, Richard Rejected 10/26/09 Holliday, Roger; Flasck, Richard I Admitted 10/30/09 CX-275C CX-276C CX-277C Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhiliit List November 3, 2009 CX-278C Email chain from C. Isham to 1. Signorino et I Infringement a1. re A vnet Order dated 03117/2008 153430-43 CX-279C CX-280C Withdrawn CX-281G Withdrawn CX-282C Withdrawn CX-283C Withdrawn I CX-284C Microsemi Lie:ht Price Reauest Form I Infringement CX-285C CX-286C Withdrawn CX-287C MPI026 Datasheet Rev. 1.403/23/2005 Infringement TE 000010-14 CX-288C CX-289C I Withdrawn 26 DM_US:22889518_2 I Robertson, Lance; Battaglia, Fabian I Admitted 10/30/09 1 I I Strobel, Doug I Admitted 10/30/09 Blackmon, Whitney; Flasck, I Admitted Richard 10/30109 CX-290C Withdrawn CX-291C Withdrawn CX-292C Withdrawn CX-293C Withdrawn CX-294C Withdrawn CX-295C Withdrawn CX-296C CX-297C Withdrawn CX-298C Withdrawn CX-299C Withdrawn CX-300C Withdrawn CX-301C Withdrawn CX-302C Withdrawn CX-303C Withdrawn CX-304C Withdrawn CX-305C Withdrawn
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 27 CX-306C I Withdrawn CX-307C Withdrawn CX-308C Withdrawn CX-309C Withdrawn CX-310C Withdrawn CX-311C Withdrawn CX-312C Withdrawn CX-3J3C Withdrawn CX-314C Withdrawn CX-315C Withdrawn CX-316C Withdrawn CX-317C Withdrawn CX-318C Withdrawn ,CX-319C Withdrawn CX-320C Withdrawn CX-321C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I 28 CX-322C Withdrawn CX-323C Withdrawn CX-324C Withdrawn CX-325C Withdrawn CX-326C Withdrawn CX-327C Withdrawn C X ~ 3 8 C Withdrawn CX-329C Withdrawn CX-330C Withdrawn CX-331C Withdrawn CX-332C Withdrawn CX-333C Withdrawn CX-334C Withdrawn CX-335C Withdrawn CX-336C Withdrawn CX-337C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 29 CX-338C I Withdrawn CX-339C Withdrawn CX-340C Withdrawn CX-341C Withdrawn CX-342C Withdrawn CX-343C MP1010B Operation Timing Sequence presentation 08/29/2008 -ITC 00350668-671 CX-344C CX-345C Withdrawn CX-346C Withdrawn CX-347C Withdrawn CX-348C Withdrawn CX-349C Withdrawn CX-350C Withdrawn CX-351C Withdrawn CX-352C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 1 . .,. 02 Micro's Final Exhibit List November 3, 2009 I Infringement 30 Lin, Yun Feng (Chris); Wen, Duke; Flasck, Richard Admitted 10/30/09 CX-353C CX-354C CX-355C CX-356C CX-357C CX-358C CX-359C CX-360C CX-361C CX-362C CX-363C CX-364C CX-365C CX-366C CX-367C Withdrawn Withdrawn Withdrawn MPlO091 - Nu-Pulse CCFL Inverter Controller Datasheet, Rev. 0.9 09/0212008 -ITC 00433166-1 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 31 Lin, Yun Feng (Chris); Wen, Duke; Flasck, Richard . Admitted 10/30/09 CX-368C Withdrawn CX-369C Withdrawn CX-370C Withdrawn CX-371C Withdrawn CX-372C Withdrawn CX-373C MP1872 2Lamps Application Circuit CX-374C CX-375C Withdrawn CX-376C Withdrawn CX-377C. Withdrawn CX-378C Withdrawn CX-379C Withdrawn CX-380C Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 32 Lin, Yun Feng (Chris); Flasck, Richard Admitted 10/30/09 CX-381C CX-382C CX-383C CX-384 CX-387 CX-388 CX-389 CX-390 CX-391 CX-392 CX-393 CX-394C Withdrawn Withdrawn Withdrawn Travel Exnense Renorts - Dell Comnuter 02ITC 206816-822 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,200' I Validity Validity Handwritten Notes re IDK dated 02/1311998 Validity I notes dated 03/06/1998 I Validity I notes dated 03/2111998 I Validity I notes dated 03/22/1998 I Validity" I notes dated 03/24/1998 I Validity I notes dated 04/0611998 I Validity Schematic with handwritten notes to Dr. Lin Validity I Fax from Yune: Lin to Ed. re I Validity 33 DM_US:22889518_2 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21/09 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21109 Lin, Yung-Lin; Mercer, Ray Admitted 10/21109 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21109 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21109 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21/09 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21/09 I Lin, Yung-Lin; Mercer, Ray I Admitted 10/21109 Lin, Yung-Lin; Kuo, CC; Mercer, Admitted Ray 10/21/09 I Lin, Yung-Lin; Pfleger, Ed; Admitted Mercer, Ray 10/21/09 I CX-396C CX-397 CX-398C CX-399 CX-400C CX-404C CX-405C Withdrawn MP1010B Datasheet Rev. 0.1, 01/01/2003 (02ITC 208224-228) Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Validity Validity Infringement Infringement 34 Lin, Yung-Lin; Pfleger, Ed; Mercer, Ray Lin, Yung-Lin; Mercer, Ray Lin, Yung-Lin; Pfleger, Ed; Mercer, Ray Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Admitted 10/21109 Admitted 10/21109 Admitted 10/30/09 Admitted 10/30/09 CX-408C CX-409C CX-410C CX-411C CX-412C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 OZ960 Datasheet, 10/23/01 (MPS-ITC 115223-234) Email chain from Mike Hsing to danielhmonolithicpower.com, MaUrice Sciammas, Xiao Deming re new part to . replace 1011 and 1015, dated 1/23/03. Attachments: MP1010A Datasheet, Rev. 1.7, 8/11/02; MPlO11A, Rev. 2.1, 8111/02; MP1015, Rev. 2.6, 1110/03 05550 Email chain from PH Wang to Flora Wang, Karie Chen, Frankie H, Robinymonolithicpower.com, Daniel Hsu, john Franz, Maurice Sciammas, Simon Tsai, Max Y, Alric Chiu re MP1010B Datasheet, dated 2/13/03. Attachment: MP1010B datasheet, Rev. 0.1, 1211/02 075120- Withdrawn Withdrawn Remedy; Infringement; Validity Remedy; Infringement; Validity Remedy; Infringement; Validity 35 DM_US:22889S18_2 Flasck, Richard; Ueunten, Paul; Moyer, James; Scianimas, Maurice; Rao, Meera; Neely,
Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Neely, Richard; Mercer, Ray Admitted 10/26/09 Admitted 10/26/09 CX-413C CX-414C CX-415C CX-416C CX-417C CX-418C CX-419C CX-420C CX-421C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn I MPlO15 Proposal, dated 11/27/00 I Infringement (MONO-ITC 00115499-501) Email from Jim Moyer to George Hall, Larry Infringement; Validity Sample, Michael Hsing, Maurice Sciammas, Paul Ueunten, Robert Chen, Simon Tsai, C.H. Yeam, Tim Rust, David Christy, Mike O'Malley, Tim Miller, Matt Gork, Joe Huijev re MPlO15, dated 12112/00 00115502-5 I Email from Jim Mover to Larrv Samoe. Infringement; Validity 36 DM_US:228S9S1 S_2 I Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, I Admitted 10/30109 Maurice; Mercer Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30109 Maurice; Mercer, Ray Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30109 Maurice; Mercer, Ray CX-422C CX-423C CX-424C CX-425C CX-426C CX-428C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Email chain from PH Wang to John Franz, I Infringement; Validity Maurie Sciammas, danielhmonolithicpower.com, johnfmonolithicpower.com, Max Yuan, Fiona Wang, Alric Chiu, Simon Tsai, Deming Xiao re :MP101B Datasheet. 0630 ,HLO, Email chain from John Franz to Maurice I Infringement; Validity Sciammas, PH Wang, danielhmonolithicpower.com, johnfmonolithicpower.com, Max Yuan, Fiona Wang, Alric Chiu, Simon Tsai, Deming Xiao re :MP 1 0 lOB datasheet. Attachment: :MPlOlOB Datasheet, Rev. 0.1, 1/10/03 067526-5 Withdrawn Withdrawn Withdrawn 37 DM_US:22889518_2 Wang, Fiona; Xiao, Deming; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Mercer, Ray Wang, Fiona; Xiao, Deming; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Mercer, Ray Admitted 10126/09 Admitted 10/26/09 CX-429C CX-430C CX-431C CX-432C CX-433 CX-434C CX-435C Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email Chain from C. Isham to S. Exell et at re Infringement Microsemi Inverter Line News!, dated 04/20/2009 (A VNET 000193-194) Chart Displaying the retention of registration Infringement; Domestic records for specific customers on Microsemi Industry CCFL products (A VNET 000088-96) I Withdrawn I Chart Titled: Microsemi IPG Design Infringement Registration Products (A VNET 000991-994) I Withdrawn 38 DM_US:228895 1 8_2 Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian I Hardin, Frank; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I CX-436C CX-437C CX-438C CX-439C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Chart Displaying all Shipments A vnet did of Infringement; Importation Listed Microsemi Products between July 2007 and July 2009 (A VNET 001153-1282) Chart Displaying all Shipments of Micro semi Infringement; Importation Inverter Module Products through June of 2009 (A VNET 001093-1152) Communication from M. Sivetts to Valued Infringement; Importation; Customer re New 2009 Price Book for Bonding Microsemi Scottsdale and Lawrence Division Products, dated 10/27/2008 (A VNET 000064) I Microsemi Chart Titled: Inverter Selector Infringement Guide (A VNET 000712) 39 DM_US:22889S18_2 Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien CX-442C CX-443C CX-444C CX-445C CX446C I Email Chain from A. Harper-Veith to L. Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Mitchell et al. re Urgent MSW Registration & Buy Request In House Buy GE Sensing, dated 01109/2008 VNET 000157-158 Distributor Agreement between MPS and Infringement; Importation A VNET, Rev. 5/30/01, dated 01/00/2006 Email Chain from S. Gereb to A VNET- Infringement DISPLAY-TEAM re New Marketing Tool Information, dated 04/09/2007 (A VNET 000195-196) I Email Chain from J. Graham to Undisclosed- Infringement Recipients re NEW PRODUCT ANNOUNCEMENT - LXMG 1686-12-45, dated 02/22/2007 VNET 000197-198) I Registration Part List with BC 091806 Infringement; Importation; (A VNET 000242-285) Remedy; Bonding 40 DM_US:22889S18_2 Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Richard Hardin, Frank;' Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian CX-450C CX-451C CX-452C CX-453C CX-454C I Email Chain from L. Boyd to G. Tammo re Flex Medical Quote # HE162064378- Investigation' No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement LXMGI617A-12-42 w. attached document re same, dated 12/2112007 VNET 000406-413 I Email from W. Wang to V. Dicristofaro et al. re A VNET SHIPMENT REPORT-Feb.2-6, dated 02/09/2009 (A VNET 000525) I Email Chain from J. March to D. Ung re MSW New Single "A" Inverter Modules-Please Read- RMA# RMA007421; dba# P140- 2002259 w/chart re Single A new Inverters, dated 01128/2009 VNET 000595-604) Withdrawn Design Registration Summary (A VNET 000065-79) Infringement; Importation; Remedy; Bonding Infringement; Importation Infringement; Importation; Bonding 41 DM_US:22889518_2 Hardin, Frank; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian I Admitted 10/30109 I Admitted 10/30109 I Admitted 10/30109 Admitted 10/30109 CX-455C CX-458C CX-459C CX-460C CX-461C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Chart Tracking Registrations with Microsemi I Infringement; Importation; (A VNET 000103-111) Bonding Master Distributor Agreement between Infringement Microsemi Corporation and A VNET, Rev. 6196, dated 1110111998 Withdrawn Email Chain from J. March to PI50-SERVICE Infringement; Importation; re MSW Stock Rotation/inverters-A vnet; Remedy; Bonding ROT007020; dbt# P150-1003125 wI attached axapta report, dated 08/24/2007 VNET 000695-699l I Email from S. Lindberg to G. Tammo re Infringement AMS-NewSingleCCFL Inverter_Resp Training Kit, dated 0111012008 (A VNET 000159-174) A vnet Manufacturer Identification Chart re Infringement; Importation MPS Products (A VNET 000998-1018) 42 DM_US:22&&951&_2 I Hardin, Frank; Choi, Kevin; Holliday, Roger; Litchfield, I Admitted 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Hardin, Frank; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/30/09 Litchfield, Steven; Robertson, Larice; Henry, George; Jin, Chien Hardin, Frank; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Hardin, Frank; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Chien Hardin, Frank; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 CX-463C CX-464C CX-467 CX-468C CX-470C CX-471C CX-472C CX-473 CX-474C A vnet Sales Transaction Spreadsheet (AVl{ET 001019-1033) A vnet Manufacturer Identification Chart re Microsemi Products (A VNET 001034-1055) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 43 Admitted 10/30/09 CX-486C Withdrawn CX-487C Withdrawn CX-488C Withdrawn CX-489C Withdrawn CX-490C Withdrawn CX-491C I Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 44 CX-492C CX-493C CX-494C CX-495C CX-500C CX-501C CX-502C CX-503C CX-504C Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Microsemi Integrated Products Dell Computer, I Infringement Portable Products and Light Detection, dated April 2004 (M 024888-945) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Q2-09 Week 7 Ending 02-15-09 (MICRO SEMI 224319-224391) Infringement; Importation 45 DM.-US:22889518_2 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian Admitted 10/30/09 Admitted 10/30/09 CX-505C CX-506 CX-507 CX-508 CX-509 CX-510 CX-511 CX-512C Withdrawn Microsemi Datasheet re PanelMatch Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement RangeMax LXMG 1811-05-6x, 5'v 6W CCFL Programmable Inverter Module, Rev. 1.0, dated 1112512008 Microsemi Datasheet re PanelMatch A Series Infringement LXMG1618-05-2x, 5V 2W CCFL programmable Inverter Module, Rev. 1.0, dated 1113012007 Withdrawn Withdrawn I Microsemi Datasheet re PanelMatch Infringement VEasyLIT LCMG1813-12-6xS, 12V 6W CCFL Programmable Inverter Module, Rev. 1.0, dated 11/14/2008 I Withdrawn I Microsemi forecasting summary I Infringement (M 020005-15) 46 DM_US:22889518-.2 Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I I Strobel, Doug; Choi, Kevin; Holliday, Roger; Litchfield, I Admitted 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien CX-516C CX-517C CX-519C CX-520C CX-521C CX-524C CX-525C CX-526C CX-527C Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Spreadsheet re LX1691 for Portable Program (MICRO SEMI 123148) Infringement Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn 47 DM_US:22889518_2 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien . Admitted 10/30/09 CX-52SC Withdrawn CX-529 Withdrawn CX-530C I Spreadsheet showing Microsemi weekly visiting plan (MICRO SEMI 142493-142571) CX-531C Withdrawn CX-532C - Withdrawn CX-533C Withdrawn CX-534C Withdrawn CX-535C END CUSTOMER CROSS ReCOSOS08 (MICRO SEMI 158732-158743) CX-536C -Withdrawn CX-537C Withdrawn CX-53SC Withdrawn DM...:,US:22889518..2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Infringement Infringement; Importation 48 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Admitted 10/30/09 Admitted 10/30/09 CX-540C CX-541C CX-542 CX-543C CX-544C CX-545C CX-546C CX-547C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Withdrawn Withdrawn Email chain from R. Holiday to S. Litchfield et al.. re LX6512 update with attached presentation, dated 01123/2008 attaching Microsemi LX6512, Rev X, Kevin Choi, Microsemi Analog Mixed Signal Group System Design Engineering 174049-17408 Email chain from 1. Gentile to M. Sivetts et al.. re LX1697, dated 03/03/2009 (MICRO SEMI 176233-176236) Infringement Infringement; Bonding Email chain from R. Holiday to 1. Signorino re I Infringement LX6511, dated 04/09/2009 (MICRO SEMI 176299-176300) Withdrawn Withdrawn 49 DM_US:22889S18_2 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-550C I Withdrawn CX-551C I Withdrawn CX-552C I Microsemi Analog Mixed Signal Group, CCFL Backlighting, dated 02/28/2007 (MICROSEMI 211892-211900) CX-553C Withdrawn CX-554 Withdrawn CX-555C Withdrawn CX-560 _Withdrawn CX-561C Withdrawn CX-562 Withdrawn CX-563C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 I Infringement 50 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Admitted 10/30/09 CX-564C CX-565C CX-566C CX-567C CX-568C CX-569 CX-570 CX-571C CX-572C CX-573C CX-576C Withdrawn Withdrawn I Withdrawn Investigation No. 337-TA-666 02 Micro's Final'Exlribit List November 3, 2009 I Email from Frankie H. to L. Kao et al.. re 2Q Infringement; Bonding 2004 Price Request, dated 02/15/2004 (MPS-ITC 095289-95292) MPS Distributor Agreement No. Infringement; importation DA0914012T, dated 9114/2007 I (MPS-ITC OO( MPS Analog Power IC Solutions 2005 Short- Infringement Form Catalog, Rev. 1.7, dated 03/10/2005 (MPS-ITC 103163-103242) I Email chain from L. Kao to S. Tsai et al.. re Infringement Dell-Transtek + 100mm, dated 02/0112004 088459-88464) Withdrawn 51
Kao, Leonard; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Richard Kao, Leonard; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 Cantelmo, John; Kao, Leonard; Admitted Flasck, Richard; Ueunten, Paul; 10/30109 Moyer, James; Sciammas, Maurice Kao, Leonard; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas. Maurice CX-577C CX-578C CX-579C CX-580C CX-581C CX-582C CX-583C CX-584C CX-585C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Email from C. Su to L. Kao et al.. re 6 RFQ +4 Bonding Review Order for Approval-1217, dated 12/17/2008 I Email from J. Chuane: to V. Hsieh et aI .. re I Importation I MPS Reseller Agreement No. DA090711 T Importation (MPS-ITC 000306-317) I Email chain from L. Kao to M. Hsing et al.. re Infringement 4 Month Plan, dated 06/16/2004 105092-105 I Withdrawn I Email from B. Hsieh to Boss (Sales Manager) Infringement; Domestic re Compal Notebook Inverter Solution, dated Industry 0311012004 096928) 52 DM_US:22889S18_2 Kao, Leonard; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Richard I Kao, Leonard; Flasck, Richard; Admitted Sciammas, Maurice; Rao, Meera, 10/30/09 Moyer, James; Neely, Richard Kao, Leonard; Flasck, Richard; Admitted Sciammas, Maurice; Rao, Meera, 10/30/09 Moyer James; Neely, Richard Kao, Leonard; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30109 Kao, Leonard; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30109 . Sciammas, Maurice; Rao, Meera; Neely, Richard CX-587C CX-588C CX-589C CX-590C CX-591 CX-592C CX-593C CX-594C CX-595C CX-596C Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Email fromL.KaotoM.Sciammas re Innolux, dated 06106/2008 (MONO-ITC 00449904) Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Bonding; Domestic Industry; Remedy' . . Infringement; Remedy 53 Kao, Leonard; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, James; Neely, Richard Kao, Leonard; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Richard Admitted 10/30/09 eX-599 Withdrawn eX-600e Withdrawn eX-601 Withdrawn eX-602e Withdrawn eX-603 Withdrawn eX-604 Withdrawn eX-605 Withdrawn eX-606 Withdrawn eX-607 Withdrawn eX-608 Withdrawn eX-609 Withdrawn eX-610 Withdrawn eX-611 Withdrawn eX-612e Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 54 CX-613 CX-614 CX-615 CX-616 CX-617 CX-618 CX-619 CX-620 CX-621 CX-622 CX-623 CX-624 CX-625 CX-626 CX-627 CX-628 Withdrawn Withdrawn Withdrawn I Withdrawn I Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List Novemb.er 3, 2009 I 55 CX-629 Withdrawn CX-63 0 Withdrawn CX-631 Withdrawn CX-632 Withdrawn CX-633 Withdrawn CX-634 Withdrawn CX-635 Withdrawn CX-636 Withdrawn CX-637 Withdrawn CX-638 Withdrawn CX-639 Withdrawn CX-640 Withdrawn CX-641C Withdrawn CX-642 Withdrawn CX-643C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 56 CX-646C Withdrawn CX-647C Withdrawn CX-648C Withdrawn CX-655C Withdrawn CX-656C Withdrawn CX-657C Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 57 CX-660C CX-661C CX-662C CX-663C CX-664C CX-665C CX-666C CX-667C CX-668C CX-669C Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn LOE Sales Spreadsheet (LOE 0000004-17) Email chain from C. Lin to Tony Du RE MPI0091, dated 02/25/2009 (with certified translation) 00466970-4669 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement; Remedy Infringement Customer Service Request Form for MPlO091 I Infringement (MONO-ITC 00286469-286470) 58 DM_US:22889518_2 Lee, Y oon Suk; Park, K wang Ill; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, Richard Lin, Yun Feng (Chris); Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Lin, Yun Feng (Chris); Flasck, Richard; Ueunten, Paul; Moyer, Maurice Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-671C CX-672C CX-673C CX-674C CX-675 CX-676 CX-677 CX-678C CX-679C Withdrawn Fax from Y. Lin to E. Pfleger, re modified figure 6, dated 04112/1999 PRlV 000008-1 Withdrawn Withdrawn Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement Infringement Infringement 59 Lin, Yun Feng (Chris); Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Lin, Yun Feng (Chris); Flasck, Richard; Ueunten, Paul; Moyer, Lin, Yun Feng (Chris); Flasck, Richard; Ueunten, Paul; Moyer, Maurice Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30109 CX-682C CX-683C CX-684C CX-685C CX-686C CX-687C CX-688C CX-689 CX-690C CX-691C CX-692C Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email chain from D. Brown to S. Litchfield re Infringement GM Meeting, dated 04116/2007 (MICRO SEMI 141974-141976) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn , Spreadsheet showing NB Tracking Report in Infringement Taiwan (MICRO SEMI 167835-167843) I Withdrawn 60 DM_US:22SS951 S_2 Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30109 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Choi, Kevin; Holliday, Roger; Admitted Litchfield, Steven; Robertson, 10/30109 Lance; Henry, George; Jin, Chien CX-693C CX-694C CX-695C CX-696C CX-697C CX-698C CX-699 CX-700 CX-701C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 . I Email Chain from M. Sciammas to Daniel H. Infringement et aI., re (MPI01OB Datasheet) MPI016 Dual Lamp Datasheet Attached and 1 0 4, dated 01129/2003 073145-731 I MPS Datasheet re MPI 01 OB Cold Cathode : Infringement Withdrawn Withdrawn Email from S. Tsai to M. Sciammas et al. re Infringement 02 Micro New CCFL Drivers and Management Chip, dated 04/23/2001 047585-4758 Withdrawn Withdrawn Withdrawn I MPS MPI008 Half-Bridge CCFL Controller Infringement Technical Information, dated 08/1112006 00546866-546875) 61 DM_US:22889518-.2 Mercer, M. Ray; Wang, Fiona; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Mercer, M. Ray; Wang, Fiona; Admitted Flasck, Richard; Ueunten, Paul; 10/30/09 Moyer, James; Sciammas, Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30/09 Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30/09 Maurice CX-703C CX-704C CX-705C CX-706C CX-707C CX-708C I MP1008 Simolified Schematic. dated I MPS MP1872 Dual Lamo CCFL Controller 00528309-52831 I MP1038 Simplified Schematic, 11/25/04; MPlO07 Simplified Schematic, 4/2/04; MP1052 Simplified Schematic, 412/04; MP1041 Simplified Schematic,211105; Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement Infringement MP1039 Simplified Schematic, 1112/05; Half Bridge Proposal, 12113/06 00454961-968 I MPS MP1039 Full Bridge CCFL Controller Infringement , Technical Information, dated 11107/2005 (MONO-ITC 00111831-111841) I MPS MP1018 Flat Panel Monitor CCFL Infringement Driver Controller Technical InfofII.lation, dated 12/05/2002 036190-361 I MP10091 Simolified Schematic. dated Infringement 62 DM_US:22889518_2 Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice I Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; Sciammas, 10/30/09 Maurice I Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; Sciammas, 10/30/09 Maurice Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; Sciammas, 10/30109 Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30109 Maurice Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; Sciammas, 10/30109 Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30/09 Maurice CX-709C CX-710C CX-711C CX-712C CX-713C CX-714C CX-715C CX-716C CX-717C CX-718C CX-719C CX-720C Withdrawn EV0001B - MP1015 Datasheet, Rev. 1.1, 09/24/03 108841-108846 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn . Withdrawn Irivestigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement MPS MP1010 Resonant Mode CCFL Inverter Infringement Application Note Technical Information, dated 0112001 S-ITC 118787-118 Infringement 009983-9988 MPS MP1037 Full Brid2e CCFL Controller Infringement 63 DM_US:22889S18_2 Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; Sciammas, 10/30/09 Maurice Flasck, Richard; Ueunten, Paul; I Admitted Moyer, James; SCiammas, 10/30/09 Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30/09 Maurice Flasck, Richard; Ueunten, Paul; Admitted Moyer, James; Sciammas, 10/30/09 Maurice CX-722C CX-727C CX-728C CX-729C CX-730C .. CX-731C MPS 101 OB Full System Precision CCFL Driver Technical Information, dated 0110112003 Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Validity Infringement Infringement, validity Infringement Infringement ~ . Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Moyer, James; Mercer, Ray Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Flasck, Richard; Moyer, James; Mercer, Ray Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-732C CX-733C CX-734C CX-735C CX-736C CX-737C CX-738C CX-739C CX-740C CX-741C CX-742C CX-743C CX-744C CX-745C Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 MPS MPI008 - Half Bridge CCFL Controller I Infringement Preliminary Specifications, dated 05/19/2006 00117203-11 Validity; Remedy Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn 65 DM_US:22889518_2 Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, Richard Admitted 10/30/09 Admitted 10/30/09 CX-746C Withdrawn CX-747C Withdrawn CX-748C Withdrawn CX-749C Withdrawn CX-750C Withdrawn CX-751C Withdrawn CX-752C Withdrawn CX-753C Withdrawn CX-754C Withdrawn CX-755C Withdrawn CX-756 Withdrawn CX-757 Withdrawn CX-758 Withdrawn CX-759C Withdrawn CX-760C Withdrawn
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 66 CX-761C CX-762 CX-763 CX-764C CX-767 CX-768C CX-769C CX-770C CX-771C CX-772C Withdrawn Withdrawn Monolithic Power Systems Inc Form 10k Annual report, dated 02/27/2009 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Microsemi Integrated Products RTP Team Presentation LX6512 - QFN High Performance CCFL Controller (MICRO SEMI 216924-216943) DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Remedy Infringement 67 Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Neely, Richard; Rao, Meera Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Admitted 10/26/09 Admitted 10/30/09 CX-773C CX-774C CX-775C CX-777C CX-77SC CX-779C CX-7S0C CX-7S1C CX-782C CX-783C CX-784C Withdrawn Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email chain from 1. Signorino to C. Nguyen et I Infringement a1. re RTP Status for FY09 Q1, dated 11125/200S (MICROSEMI 222661-222665) Microsemi's CCFL Controllers: Target LCD I Infringement TV and LCD Monitor CCFL Backlighting System Application (MICRO SEMI 217564-217570) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn 68 DM_US:22889S18_2 Nguyen, Chien; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien CX-785C CX-786C .CX-787C CX-788C CX-789C CX-790C CX-791C CX-792C CX-793C CX-794C Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Ep.dicott Research Group Summary of Answer I Infringement; Importation to Subpoena Requests (ERG 000003-4) Bill of Materials for the ERG G3582F Inverter I Infringement (ERG 000006-8) MPS MP1015 Controller Purchase I Infringement; Importation Spreadsheet (ERG 000010) ERG Purchasing Documents re A vnet I Infringement; Importation Purchases Orders (ERG 000011-14) 69 DM_US:22889518_2 Novitsky, Thomas; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-796C CX-797C CX-798C CX-799 CX-800C CX-801C CX-802C CX-803C RG 000016-23 2008 and 2009 Sales List re Products Containing MPS 1015 (ERG 000026-27) Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Importation; Remedy; Bonding I Schematic re Three Families of Inverters that I Infringement ERG 000029-31 Schematic re Three Families of Inverters that Use the MPS 1015 Controller Reflecting Where the MPlO15 Is on Each Circuit (handwritten notes) 000029-3 I 02 Micro Announces Wide Ranl!e Adaotive Withdrawn Withdrawn Withdrawn Darfon foreign language document (MONO-ITC 00268846-48) Infringement Validity Infringement 70
Novitsky, Thomas; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Novitsky, Thomas; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Richard I Novitsky, Thomas; Flasck, - James; Sciammas, Maurice Novitsky, Thomas; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciarilmas, Maurice Lin, Yung-Lin; Keim, James; Mercer, Ray Pratt, Steve; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice Admitted 10/30/09 .1 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-805C CX-806C CX-807C CX-80SC CX-809C CX-SlOC CX-S11C CX-812C Lamp Voltage Feedbacks (OV1 and OV2) (MONO-ITC 00268849) Lamp Voltage Feedbacks (OV1 and OV2) (MONO-ITC 00268850-52) MP10091 Datasheet, Rev. 0.911111108 (MONO-ITC 00268853-62) MP10091 Datasheet, Rev. 0.9 6113/08 (MONO-ITC 00268863-73) Email chain from S. Pratt to Marcom with attachments RE 10091 0.9 rev specs, dated 11112/200S 00268S38-268 MPlO09 New Product Release Announcement, 5/12/08 DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2089 Infringement Infringement Infringement Infringement Infringement Infringement Infringement Infringement 71 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Pratt, Steve; Bu, Chi Teng; Flasck, I Admitted Richard; Ueunten, Paul; Moyer, 10/30/09 Maurice Pratt, Steve; Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James: Sciammas. Maurice Pratt, Steve; Bu, Chi Teng; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Pratt, Steve; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-814C CX-815C CX-SI6C CX-SI7C CX-SlSC CX-819C CX-S20C CX-S21C Investigation No. 337-TA-666 02 Micro's Final Exhibit List I It November 3, 2009 I Email from S. Sun to S. Pratt re Heln to Create I Infringement I MPI0I0B-CI79 r2.2 YEC.ndf I Infringement MP101OB-CI79 _r2.2_YEC.pdf Infringement (MONO-ITC 00055597-55607) I Email Chain from C. Lee to G. Yao et all with Infringement attachments RE MPI0I0B enable signal, dated 03/01l200S I (MONO-ITC 00055593-95) I MPS Product Release Form for Product # Infringement I Email from A Zhou to T Du et al re Please I Infringement I Email chain from T. Du to S. Sun et al RE I Infringement 72 DM_US:22889518_2 Pratt, Steve; Flasck, Richard; Ueunten, Paul; Moyer, James; Maurice I Pratt, Ste;e; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice I Pratt, Steve; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice Pratt, Steve; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice Pratt, Steve; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Pratt, Steve; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice I Pratt, Steve; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice I Pratt, Steve; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice CX-822 CX-823 CX-824C CX-825C CX-826C CX-827C CX-828C CX-829C CX-830C CX-831C CX-832C I Withdrawn Withdrawn MPS 30(b)(b) First Notice Non-Technical Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement, Importation Topics Corporate Deposition Designee: Meera Rao I Spreadsheet re MPS PDG Shipment Infringement, Importation (MONO-ITC 00420782-420868) Withdrawn Withdrawn Withdrawn Withdrawn Email from T. Liu to S. McClure et a1. re Special PN: LX1697 for Quanta, dated Infringement 10/29/2008 (MICRO SEMI 162358-162361) I Withdrawn Withdrawn , 73 DM_US:228895 1 8_2 Rao, Meera; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Neely, Richard Rao, Meera; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Neely, Richard Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I CX-833C CX-834C CX-835C CX-836C CX-837C CX-838C CX-839C CX-840C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Withdrawn Microsemi Datasheet re LX1692A-12060 Full Infringement bridge Resonant CCFL Controller, rev. 1.0, dated 1110912006 (MICRO SEMI 121996-2009) Microsemi Datasheet re LX1692B-13083 Full Infringement Bridge Resonant CCFL Controller, rev. 1.0, dated 10/16/2006 (MICRO SEMI 122024-122036) Withdrawn Withdrawn Microsemi Datasheet re Full Bridge Resonant Infringement CCFL Controller, rev. 1.0, dated 05/09/2006 (MICRO SEMI 122109-122120) I Presentation re Linfinity Microelectronics: Infringement Managing Light, Sound and Power for Computing, dated 03/2000 (M 072820-72844) I Withdrawn 74 DM_US:22SS9S1S_2 Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30109 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10130109 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30109 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I CX-841C CX-842C CX-843C CX-844C CX-845C CX-846C CX-847C I Microsemi Datasheet re LX6512 High Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3., 2009 Infringement Performance CCFL Controller, rev. 1.1, dated 11/0412008 (MICRO SEMI 122165-0122179) I Whhdmwn I ~ from J. Cho to F. Battaglia et aI. re Q4,' Infringement dated 07/02/2008 (MICRO SEMI 156712-156713) I Withdrawn I FY 2008 Taiwan Design Wins Report Infringement (MICRO SEMI 157232-435) I Microsemi New Product Information for Infringement LX1691/91A (M 016821) I Email from L. Robertson to J. Cho et al., re Infringement RFQ LX6501IPS-TR (MICRO SEMI 157477-157478) 75 DM_US:22889518_2 Flasck, Richard; Choi, Kevin; r Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I Flasck, Richard; h o ~ Kevin; Holliday, Roger; Litchfield, I 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Larice; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien CX-854C CX-855C CX-856C CX-858C CX-859C CX-860C Withdrawn Withdrawn Spreadsheet re Microsemi parts (MICRO SEMI 133524-133570) Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889S18_2 Investigation No . 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Bonding 76 Flasck, Richard; Choi, Kevin; HollidaY,Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Silberstein, Asaf; Battaglia, Fabian Admitted 10/30/09 CX-862C CX-863C CX-864C CX-865C CX-866C CX-869C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Einail from 1. Cho to R .. Holliday et aI. re LX1697 and other key Taiwan Products, dated 01125/2008 (MICRO SEMI 150906-908) I Withdrawn Microsemi Sample Request form, dated 4/14/2008 (MICRO SEMI 154592-593) I Withdrawn I Spreadsheet re Distributor sales by month (MICROSEMI 162513-162516) I Withdrawn Email fromL. Robertson to 1. Cho etaI.re TSC Charges from Wistron from 01101/08 to 12/31108, dated 05105/2009 (MICRO SEMI 170808-170811) Infringement I Infringement Infringement Infringement 77
Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien I Flasck, Richard; Choi. Kevin; I Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien I Admitted 10/30109 Admitted 10/30109 Admitted 10/30109 CX-870C CX-S71C CX-872C CX-873C CX-874C I Spreadsheet re System makers and their products (MICRO SEMI 1420S0-142121) I Withdrawn I Email from L. Robertson to 1. Cho et al. re LX1697 Rev 9 Status, dated 03/19/2008 (MICRO SEMI 153660-153662) Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement CX-875 Microsemi LXMGI617A-05-4x 5V 4W CCFL Infringement Programmable Inverter Module Production Datasheet CX-876 I Pages from Microsemi website re Backlight I Infringement Inverter Product List 78 . DM_US:22889S18_2 Flasck, Richard; Choi, Kevin; I Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; lin, Xitl:oping; Nguyen, Chien Flasck; Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Holliday, Roger; Litchfield, 10/30/09 Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien I Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, I Admitted 10/30/09 Steven; Robertson, Lance; Henry, George; lin, Xiaoping; Nguyen, Chien CX-878 CX-879 CX-880C CX-881C CX-882C CX-883C CX-884C CX-885C CX-886C CX.;.887 CX-888C Pages from Microsemi website re Backlight Inverter Product I Microsemi Datasheet re LX1691 Enhanced Multi-Mode CCFL Controller, Rev. 1.0, 07116/2004 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List - November 3, 2009 I Infringement I . I . 79 Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien Admitted 10/30/09 CX-889C CX-890C CX-891C CX-892C CX-893C CX-894C CX-895C CX-896C CX-897C . CX-898C CX-899C Withdrawn Withdrawn Withdrawn Withdrawn Taiwan Trip, dated 0311998 (MPS-ITC 007723-7744) Investigation No. 337-TA-666 02 Micro's Final Exh.bit List . November 3, 2009 I Validity I Mp 1 011 Refi:rence Circuit Schematic revision, I Validity dated 10/02/1998 001151 Withdrawn MPS Confidential business Plan, dated Validity December 1998 (MPS-ITC 008811-8845) I MPS 1011 Preliminary Buildsheet Schematic y'alidity . (MPS-ITC 011492) I Ltr from P. Ueunten to"] Chang and H. Chan Validity re MPI0ll Reference Schematic and Engineering Module, dated 09/2411998 010314-1 80 DM_US:228895 1 8_2 I Shannon, John; Flasck, Richard; Ueunten. Paul: Mover. James: I Admitted 10/30/09 I Shannon, John; Flasck, Richard; Ueunten, Paul; Moyer, James; I Admitted 10/30/09 Shannon, John; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice Shannon, John; FlaSck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Maurice Shannon, John; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice CX-901C CX-904C CX-905C CX-906C CX-907C CX-908C CX-909C CX-910C Withdrawn Email fromP.Shiung to P. Ch re dated 2/3/09 00722607-61 Withdrawn
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; importation Infringement; importation Infringement; remedy; bonding ranking I Infringement; importation 81 Shiung, Phoebe; Flasck, Richard; Yan, Godwin; Lai, Ray Shiung, Phoebe; Flasck, Richard; Yan, Godwin; Lai, Ray Shiung, Phoebe; Flasck, Richard; Yan, Godwin; Lai, Ray Shiung, Phoebe; Flasck, Richard; Yan, Godwin; Lai, Ray Shiung, Phoebe; Flasck, Richard; Yan, Godwin; Lai, Ray Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Respondent Microsemi Responses to 02 Micro's First Set of Interrogatories (NOS. 1-72) to All dated 03/05/2009 CX-912 Withdrawn CX-913C Withdrawn CX-914C Withdrawn CX-915C Withdrawn CX-916C Withdrawn CX-917C Withdrawn CX-918C Withdrawn CX-919C I Spreadsheet re Cost Set (MICRO SEMI 157974-158144) I Withdrawn CX-920C CX-921C Withdrawn CX-922C I Microsemi Business plan for meeting with MPC for the LX6512 product (MICRO SEMI 165424-165429) DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement, Importation, Bonding Infringement, Importation, Bonding Infringement, Importation, Bonding 82 Flasck, Richard; Holliday, Roger; Admitted Litchfield, Steven; Robertson, 10/22/09 Lance; Nguyen, Chien; Fabian w Flasck, Richard; Holliday, Roger; Admitted Litchfield, Steven; Robertson, 10/22/09 Lance; Nguyen, Chien; Fabian CX-927C CX-928C CX-929C CX-932 CX-933C CX-934C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email chain from D. Brown to J. Want et at re RFQ request for Sumida 1 LX1697CLQ, dated 07/14/2007 Datasheet re Microsemi PanelMatch VEasyLIT LXMG1813-12-6xS, rev. 1.0, dated 11/14/2008 Withdrawn Withdrawn Infringement, Importation, Bonding Infringement, Importation, Bonding 83 DM_US:22889S 1 8_2 Flasck,. Richard; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Nguyen, Chien; Fabian Admitted 10/22/09 Flasck, Richard; Holliday, Roger; I Admitted Litchfield, Steven; Robertson, 10/30/09 Lance; Nguyen, Chien; Fabian CX-936C . CX-937C CX-938 CX-939 CX-940 CX-941 CX-942 CX-943 CX-944 CX-946 CX-947 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Email chain from A. Silberstein to 1. Signorina et al re CCFL Market, dated 04/09/2009 (MICRO SEMI 176302) Withdrawn email from A. Silberstein to A. Silberstein re Mahagement Meeting Action Items, dated 07/08/2008 Withdrawn Withdrawn Withdrawn Withdrawn . Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn . Withdrawn Infringement, Importation, Bonding 84
Flasck, Holliday, Roger; I Admitted Litchfield, Steven; Robertson, 10/22/09 Lance; Nguyen, Chien; Fabian CX';949 CX-95 0 CX-951 CX-952 CX-953 CX-954C CX-955C CX-956 CX-957C CX-958C CX-959C CX-960C Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Application for Subpoena Duces Tecum and Ad Testificandum to Navico, Inc. and Infringement; Importation dated 08/03/2009 ]nfringement; Intnnrtgtinn Infringement; Importation Infringement; Importation 85 DM_US:22889S18-.2 Steensland, David; Flasck, Richard Steensland, David; Flasck, Richard Steensland, David; Flasck, Richard Steensland, David; Flasck, Richard Admitted 10/30/09 Admitted 10/30/09 Admitted CX-962C CX-963C CX-964C CX-965C CX-971C CX-972C Mierosemi Datasheet re PanelMateh RangeMax LXMG1627-05-44 5V Dual4W Programmable Inverter Module, Rev. 1.0, dated 12/04/2008 22 Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 . 02 Micro's Final Exhibit List November 3, 2009 Infringement; Importation Infringement; Importation 86 Steensland, David; Flasek, Richard Steensland, David; Flasck, Richard Steensland, David; Flasek, Richard . Admitted 10/30/09 . Admitted 10/30/09
CX-97SC CX-976C CX-977C CX-978C CX-979C CX-980C Investigation No; 337-TA-666 02 Micro's Final Exhibit List 3, 2009 IRfringement; Importation . Infringement; Importation; Remedy Steensland. David; Flasck, Richard Steensland, David; Flasck, Richard Steensland, David; Flasck. Richard Spreadsheet from Avnet re purchases of two Microsemi chips from January 2008; Lowrance Schematic for IC Dual Prog Led Current Sink (drawing no. 014-0312-00). Rev. A Infringement; Importation . . I Steensland. David; Flasck, Richard Withdrawn I Lowrance Master Schematic Mantis (drawing Infringement; Importation Steens land, David; no. 017-09PO-OA) Richard ) I Document from the ManMan svstem re the Infringement; Importation Steensland, David; Flasck, Richard I Bill of Material for the SeaCharter 642C I Infringement; Importation I Steensland, David; Flasck, Richard 87 DM_US:22889S18_2 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-981C CX-982C
CX-984C CX-987C CX-988C CX-989C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email from C. Olsen to D. Strobel re 1303819- Microsemi-Int. Circuit CCFL Controller dated 1/7/09 (MICRO SEMI 164859 .. 860) ... Letter from L. Si at Johnson Controls to L. Robertson et aI., re transfer from direct piece of business to dated 01107/2009 (MICROSEMI 164861) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn In;fringelllent; Importl\tion; . Bonding Infringement; Importation; Bonding 88 DM_US:22889S18_2 Strobel, Doug; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; . Fabian Strobel, Doug; Flasck, Richard; Choi, Kevin; Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian Admitted 10/30/09 Admitted 10/30/09 CX-990C CX-991C, CX-992C CX-995C CX-996 Investigation No. 02 Micro's Final Exhibit List 'November 3, 2009 I Letter from G. Luke at Agilent Technologies Infringement; Importation; to S. Strobel re authorization for disclose price Bonding to contract manufacturer, dated 03/17/2009 (MICRO SEMI 167826) Withdrawn Rebates Plan, Infringement; Importation; (MICRO SEMI 163431-469) Bonding Notebook Market Strategic Business Plan, Infringement; Importation; Microsemi Corporation, dated 05/01/2008 Bonding (MICRO SEMI 218283-218305) Withdrawn Microsemi Products: CCFL Backlight Infringement; Importation; Controller IC from Website, dated 06/30/2009 Bonding 89 DM_US:22889518_2 Strobel, Doug; Flasck, Richard; I Admitted Choi, Kevin; Holliday, Roger; 10/30/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian Strobel, Doug; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; , 10/30/09 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Fabian Strobel, Doug; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/30/09 ' Litchfield, Steven; Robertson, Lance; Henry, ,George; Jin, Xiaoping; Nguyen" Chien; Fabian Strobel, Doug; Flasck, Richard; Admitted Choi, Kevin; Holliday, Roger; 10/30109 Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian CX-,997 CX-998C CX-Ioooe CX-IOOIC CX-I002 CX-1003C CX-1004C eX-IOOSC CX-I006C CX-I007C Investigation No. 337-TA-666 02 i ~ r o s Fihal Exhibit List November 3, 2009 Qualification plan # 1691-11-19-04-10 from website Infringement; Importation; Bonding Partial NBO Report, dated 02/01/2005 (M 058396) Withdrawn Withdrawn Withdrawn, Withdrawn Withdrawn Withdrawn Withdrawn Infringement; Importation; Bonding 90 DM_US:22889S18-.2 Strobel, Doug; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian Strobel, Doug; Flasck, Richard; Choi, Kevin; Holliday, Roger; Litchfield, Steven; Robertson, Lance; Henry, George; Jin, Xiaoping; Nguyen, Chien; Fabian Admitted 10/30/09 CX-IOO9C Withdrawn CX-lOlOC Withdrawn CX-IOUC Withdrawn CX-I012 Withdrawn CX-lOl3 Withdrawn CX-IOI4C Withdrawn CX-IOISC Withdrawn CX-1016C Withdrawn CX-1017C Withdrawn CX-1018C Withdrawn CX-IOI9C Withdrawn CX-1020C Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 91 CX-I021C CX-I022C CX-I023 CX-I024C CX-I025C CX-I026C CX-1027C CX-1028C CX-I029C CX-I030C CX .. I03IC Withdrawn Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 . MPS Datasheet re MPlO09 Nu-Pulse CCFL Inverter Controller; Rev. 0:9, dated 10117/2008 Infringement 00000164-1 Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn 92 DM_US:22889S 1 8-.2 Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice Admitted 10/30/09 CX-1034C CX-I035C CX-I036C CX-I037C CX-I038C CX-I039C CX-1040C CX-1041C I (MPS-ITC 047460-47464} Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Importation; Remedy; Bonding Email from S. Tsai to Ziska et aI., re MPI018 Importation; Remedy; vs. OZ960 with attached comparison chart, Bonding dated 12/16/2002' 042959-4296 Withdrawn Email from F. WanlZ to M. HsinlZ et aI . re Importation; Remedy; Bonding I (MPS-ITC 048051-48055} Email Chain from F. Wang to B. McDonald et Importation; Remedy; aI. re CTP (3rd Party), dated 02/04/2003 Bonding 038110-38111) 93 DM_US:22889S18_2 01 Wang, Fiona; Flasck, Sciammas, Maurice; Rao, Meera, Moyer, James; Richard I Wang, Fiona; Flasck, Richard; Admitted Sciammas, Maurice; Rao, Meera, 10/22/09 Moyer, James; Neely, Richard Wang, Fiona; Flasck, Richard; Admitted Sciammas, Maurice; Rao, Meera, 10/22/09 Moyer, James; Neely, Richard I Wang, Fiona; Richard; Admitted Sciammas, Maurice; Rao, Meera, 10/22/09 Mover. James: Neelv. Richard CX-I043C CX-I044C CX-I045C CX-1046C CX-I047C CX-I048 CX-I049C CX-I050C CX-I051C CX-I052C Withdrawn . Withdrawn Withdrawn Withdrawn Withdrawn Technical Diagram of an Inverter, Document H13VV QEGA-ITC 00564228) Spreadsheet in Chinese Re BOM 60- 2n60403168, T12 Inverter Board (pEGA-ITC 00027309-27310) DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Importation; Remedy; Bonding . Importation; Remedy; Bonding Infringement; Importation Infringement; Importation 94 Wang, Fiona; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, Jam.es; Neely, Richard Wang, Fiona; Flasck, Richard; Sciammas, Maurice; Rao, Meera, Richard Wen, Duke; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; . Richard Admitted 10/30109 Admitted 10/30109 CX-I054C CX-1055C CX-I056C CX-I057C CX-1058C CX-1059C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Spreadsheet in Foreign Language RE Panel, Project Infringement; Importation (PEGA-ITC 00077083-77090) Asustek Computer Inc. Inverter Schematic: I Infringement; Importation A3E (pEGA-ITC 00991568) ASUSTEK Technical Diagram of an Inverter, I Infringement; Importation Document A3F (A6J)PWM (pEGA-ITC 00113566) Asustek Computer Inc. Inverter Schematic: I Infringement; Importation A3F (A6J)PWM (PEGA-ITC 00991569) Asustek Computer Inc. Inverter Schematic A4, I Infringement; Importation Rev. 1.0 (ASUS-ITC 00009330) 95 DM_US:22889518_2 Wen, Duke; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 10/30109 Admitted 10/30109 CX-I061C CX-I062C CX-I063C CX-I064C CX-I065C CX-I066C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Asustek Computer Inc. Inverter Schematic: A4 (pEGA-ITC 00991570) I ASUSTEK Technical Diagram of an Inverter Infringement; Importation DocumentA5 (pEGA-ITC 00991573) Asustek Computer Inc. Inverter Schematic: A6 Infringement; Importation (pEGA-ITC 00991572) Spreadsheet RE ASUS Inverter Board Circuit Infringement; Impprtation (ASUS-ITC 00009277) Asustek Computer Inc. Inverter Schematic: Infringement; Importation A6NE (pEGA-ITC 00991574) I Asustek Schematics including ASUS-ITC lnfringement; Importation 00009316 - Asustek Computer Inc. Inverter Schematic A7J, Rev. 1.2, 08/16/01 US-ITC 0000931 I Asustek Computer Inc. Inverter Schematic: lnfringement; Importation A7K-DA (A7J) (pEGA-ITC 00991577) 96 DM.-US:22889S18_2 Sciammas, Maurice; Rao, Meera; Neel ,Richard . Wen, Duke; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 Neely, Richard Wen, Duke; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Neely, Richard Wen, Duke; Flasck, Richard; Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Neely,_ Richard Wen, Duke; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 Neel Richard. Wen, Duke; Flasek, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 Wen, Duke; Flasck, Richard; Admitted Ueunten. Paul: Mover. James: 10/30/09 CX-1068C CX-1069C 'CX-1070C CX-I071C CX-1072C .CX-I073C CX-I074C Asustek Computer Inc. Inverter Schematic: B80A (pEGA-ITC 00991578) Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 PEGATRON Technical Diagram of an I Infringement; Importation Inverter with hand notations, Document G60J (pEGA-ITC 00000663) PEGATRON Technical Diagram of an I Infringement; Importation Inverter with hand notations, Document N50Vm Infringement; Importation . I PEGATRON Technical Diagram of an I Infringement; Importation Inverter, Document N50TP (pEGA-ITC 00564234) I Email Chain in Chinese from A. Fanchiang to Infringement; Importation J. Liu et all, dated 02/1212009 (PEGA-ITC 00459872-459879) I Email chain in Chinese from D. Wen to A. Infringement; Importation Liu, dated 07/17/2008 (pEGA-ITC 00484043-484046) I Withdrawn 97 DM_US:22889S18_2 I Wen, Duke; Flasck, Richard; Ueunten. Paul: Mover. James: Neel ,Richard Wen, Duke; Flasck, Richard; Ueunten. Paul: Mover. James: Neel ,Richard Wen, Duke; Flasck, Richard; Ueunten. Paul: Mover. James: Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 I Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CX-1075C CX-I076C CX-I077C CX-1078 CX-I079C CX-I080C CX-I081C CX-I082C CX-1083C CX-I084C CX-1085C Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Foreign Document re BOM cost detail report, I Infringement; Importation BOM, 60-NC6IN1000-A01, ASE Inverter_BD 00103983-4001) Inverter BD BOM, From P3687, 60- I Importation NFWIN2000-AOIP, Z94T Inverter_BD (PEGA-ITC 00698102-103) Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn . /.
Wen, Duke; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Richard Wen, Duke; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Neelv. Richard Admitted 10/30/09 Admitted 10/30/09 CX-I086C CX-I087C CX-1088C C X ~ 1 8 9 C CX-1090C CX-1091C CX-I092C CX-I093C CX-1094C Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Document re Approval for transfer to I Infringement; Remedy manufacturing for MPI015EM CCFL Driver, dated 04/2002 00115691-11 Withdrawn Withdrawn Withdrawn Email chainfromP.UeuntentoM.Sciammas I Infringement; Remedy et a1 re ASMC 6" 1038/9965: Revised Possible Fab Actions for Bad PMOS Layout, dated 08/06/2008 00055351-5 Withdrawn Email from 1. Franz to M. Hsing et al re MPS I Infringement; Remedy Product List Attached, dated 10/30/2002 (MPS-ITC 054334-54336) 99 DM_US:22889S18_2 Xiao, Deming; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Richard Admitted 10/30/09 Xiao, Deming; Flasck, Richard; I Admitted Ueunten, Paul; Moyer, James; 10/30/09 Sciammas, Maurice; Rao, Meera; Neely, Richard Xiao, Deming; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas; Maurice; Rao, Meera; Richard Admitted 10/30/09 CX-I096C CX-I097 CX-I098C CX-1099C cx-UOOC CX-II01C CX-I102C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Email from T. Gobok to pnfl et all re MP61093 PNF dated 10/09/2008 (MONO-ITC 00286520-286521) Email chain from F. Wang to B. Macdonald et I Infringement; Remedy al re Top Urgent XPI0U ~ XPI015 shipment to Taiwan, dated 01110/2003 076380-763 Withdrawn Withdrawn Witness Notes - First Notice - Addendum for Second Day of Deposition of Corporate Deposition Designee: Godwin Yan Witness Notes - Second Notice - Addendum for Second Day of Deposition of Corporate Deposition Designee: Godwin Yan Witness Notes - ACI 30(b)(6) Corporate Deposition Designee: Godwin Yan (MPS v. 02 Micro 08-4567) Proforma Invoice for shipping to Asus Computer International (ASUS-ITC 0061 7 7 2 ~ 8 1 Infringement; Importation Infringement; Importation . Infringement; Importation IIifringement; Importation . 100 DM_US:22889S18_2 Yan, Godwin; Flasck, Richard; Ueunten, Paul; Moyer, lames; Sciammas, Maurice; Rao, Meera; Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10130109 Admitted 10/30/09 Admitted 10/30/09 CX-I104C CX-II09C CX-ll10C CX-llllC CX-1112C CX-I113C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Proforma Invoice.for shipping to Transource . Services Crop. (ASUS-ITC 00555081-91) Inventory Report from Ecommerce System (ASUS-ITC 03520770) Withdrawn Withdrawn Asus Net Sales Qty & Net Sales Amt - 2004 to 2009 (ASUS-ITC 00352408-352707) Infringement; Importation; Remedy Infringement; Importation Infringement; Importation; Remedy; Bonding 101 . DM_US:22889S 1 8_2 Yan, Godwin; Flasck, Richard; Ueunten, Paul;: Moyer, James; Sciam.ni.as, Maurice; Rao, Meera; Richard Admitted 10/30/09 AdInitted 10/30/09 . Admitted 10/30/09 CX-I114C CX-1115C CX-1116C CX-I117C CX-1118C CX-1119C CX-1120C CX-1125C Investigation No. 337-TA-666 02 Micro's Final Exhlb.t List November 3, 2009 Withdrawn Withdrawn Withdrawn Withdrawn List of Deposition Topics, Topic Notes and ' Numbers; Witness Copy Withdrawn Withdrawn Report Generated from the TipToplEcommerce System (ASUS-ITC 02256614-2256619; S U S ~ I T C 02256890-2256895; ASUS-ITC 02256986- 2256991; ASUS-ITC 02257436-2257441; ASUS-ITC 02257574-22575 Infringement; Importation Infringement; Importation; Remedy; Bonding 102 DM_US:22889S18_2 Yan, Godwin; Flasck, Richard; Ueunten, Paul; 'Moyer, James; Sciammas, Maurice; Rao, Meera; Neelv. Richard Yan, Godwin; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Neely, Richard Admitted' 10/30/09 Admitted 10/30/09 CX-1126C CX-1127C CX-1131C CX-1132C CX-I133C CX-1134C CX-1135C CX-1136C CX-1137C Withdrawn Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Witness Notes: Godwin Yan, ACI Corporate Deposition Designee re ACI 30(b)(6) - First nftingement; Importation Notice '" Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn" "I " 103 DM_US:22889S18_2 Yan, Godwin; Flasck, Richard; Ueunten, Paul; Moyer, James; Sciammas, Maurice; Rao, Meera; Richard Admitted 10/30/09 CX-1138C Withdrawn CX-1139 Withdrawn CX-1140C Withdrawn CX-1141C . Withdrawn CX-1142C Withdrawn . CX-1143C Withdrawn CX-1144C Withdrawn CX-114SC Withdrawn CX-1146C Withdrawn CX-1147C Withdrawn CX-1148C Withdrawn CX-1149C Withdrawn CX-1153 Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 104 eX-1156 Withdrawn . eX-1157 eX-1158 eX-1159 eX-1160 eX-1161 CX-1162 Withdrawn CX-1163 Withdrawn CX-1164 . Withdrawn CX-1165C Withdrawn CX-1166 I Withdrawn DM_US:22889S18..2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Remedy; Bonding Remedy; Bonding 105 Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, . Richard Admitted 10/26/09 Admitted 10/26/09 CX-ll71C CX-ll72C CX-1l73 CX-1174C CX-1l79C CX-1180C CX-1l8lC CX-1182C CX-1l83 CX-1184C Withdrawn Withdrawn Withdrawn 02 Micro Form 20-F for fiscal year ended Dec. 31,2001 u ... "yrrr" 209424-500 DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Validity; Infiingement; Validity;. Importation; Remedy . Validity Lin, Yung-Lin; Keim, James; Badget, Adam; Mercer, Ray 10/22/09 Lin, Yung-Lin; Nagel, Laurence I Admitted 10/21/09 , Domestic Industry I Keirn, James; Lin, Yung-Lin Admitted 10/22/09 106 CX-1185C Withdrawn CX-1186C Withdrawn CX-1I87 Withdrawn CX-1I88 Withdrawn CX-1189 Withdrawn CX-1I90C Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 107 DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement 108 Lin, Yung-Lin; Flasck, Richard; Holliday, Roger; Litchfield, Steven; Choi, Kevin; Henry, Lin, Yung-Lin; Flasck, Richard; Holliday, Roger; Litchfield, Steven; Choi, Kevin; Henry, Admitted 10/30/09 Admitted 10/30/09 ex.:. 1233 Withdrawn CX-1234 Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List . November 3, 2009 109 DM_US:22889518-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 110
Investigation. No. 33.7-Tl\.-666 . 02 Micro's Final Exhibit List November 3, 2009 111 CX-1318C Withdrawn CX-1319C Withdrawn CX-132OC Withdrawn CX-1321C Withdrawn CX-1322C Withdrawn CX-1323C Withdrawn CX-1324C Withdrawn CX-1325C Withdrawn CX-1326C Withdrawn CX-1327C Withdrawn CX-1328C Withdrawn DM_US:22889S 1 8....2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 112 CX-1331C Withdrawn CX-1332C Withdrawn CX-1333C Withdrawn CX-1334C Withdrawn CX-1335C Withdrawn CX-1336C Withdrawn CX-1337C Withdrawn CX-1338C Withdrawn CX-1339C Withdrawn CX-1340C Withdrawn CX-1341C Withdrawn CX-1342C Withdrawn CX-1343C Withdrawn CX-1344C Withdrawn CX-1345C Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 113 I a ]
Investigation No. 337-TA-666 02 Micro's FinalExhibit List November 3, 2009 114 CX-1375C Withdrawn CX-1376C Withdrawn CX-1377C Withdrawn DM..US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 115 Flasck, Richard; Ueunten, Paul; Sciammas, Maurice; Moyer, James Admitted 10/30/09 CX-1379C CX-1380C CX-1381C CX-1382C CX-1384C CX-1385C CX-1386C CX-1387C CX-1388C CX-1389C Withdrawn Withdrawn Withdrawn Asustek Schematic for M70SA Inverter Circuit, Rev. 1.0 DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement Infringement Infringement Infringement Infringement Infringement 116 Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck; Richard; Wen, Duke' I Admitted 10/30109 I I ~ c k Richard; Wen, Duke I Admitted 10/30/09 ' I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted, 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I' I CX-l391C CX-l392C CX-1393C CX-1394C CX-l39SC CX-1396C CX-1397C CX-1400C CX-1:401 CX-1402 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Pe2atron Schematic for NSOVm. Rev. 1.3 I Infringement I Asustek Computer Inc. Inverter Schematic - I Infringement I Asustek Schematic for Inverter V6J. Rev. 1.0 I Infringement ' I Asustek Schematic for Inverter S6F(M9)' Rev. I Infringement I Asustek Schematic for Inverter M6. Rev. 1.2 I Infringement I Asustek Schematic for Inverter VIJP. Rev. 1.0 I Infringement I Asustek Schematic for Inverter A4. Rev. 1.1 Stipulation of Certain Facts by Respondents LO Electronics Inc. and LO Electronics U.S.A.. Inc. Withdrawn Withdrawn I InfrinlZement Infringement; validity; importation; remedy; bonding 117 DM_US:22889518_2 I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke Flasck, Richard; Wen, Duke I Flasck,Richard;,Wen, Duke Flasck, Richard; Mercer, Ray; Party Admission I Admitted 10/30/09 I Admitted 10/30/09 I Admitted, 10/30/09 I Admitted 10/30/09 ,I Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 Admitted CX-1403 Withdrawn CX-1404 Withdrawn CX-1405 Withdrawn CX-1406 Withdrawn .' CX-1407 Withdrawn CX-1408 Withdrawn CX-1409 Withdrawn CX-1410C Withdrawn CX-1411C Withdrawn CX-1412C Withdrawn CX-1413C Withdrawn CX-1414C Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 118 CX-1418C I Withdrawn CX-1419C I Withdrawn CX-1420C Withdrawn CX-1421C Withdrawn CX-1422C Withdrawn CX-1423C Withdrawn CX-1424C Withdrawn CX-1425C Withdrawn CX-1426C Withdrawn CX-1427C Withdrawn C X ~ 4 2 8 C Withdrawn CX-1429C Withdrawn CX-1430C Withdrawn DM_US:22889S18_2 . Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 119 CX-1445C Withdrawn CX-1446C Withdrawn CX-1447C Withdrawn CX-144SC Withdrawn CX-1449C Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3. 2009 120 CX-1451C CX-1452C CX-1453C Withdr, CX-1454C Withdrawn CX-1455C Withdrawn CX-1456C Withdrawn CX-1457C Withdrawn CX-1458C Withdrawn CX-1459C Withdrawn CX-1460 Withdrawn CX-1461 Withdrawn CX-1462 C Withdrawn DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 121 - CX-1465C CX-1466 I Withdrawn CX-1467 I Withdrawn CX-1468. I Withdrawn CX-1469 I Withdrawn CX-1470 C I Withdrawn CX-1473C I Withdrawn CX-1474C I Withdrawn Withdrawn Withdrawn DM_US:22889518-.2 Investigation No; 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 122 - - DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Infringement Infringement Infringement 123 Flasck, Richard; Ueunten, Paul; Sciammas, Maurice; Moyer, James Flasck, Richard; Ueunten, Paul; Sciammas, Maurice; Moyer, James Flasck, Richard; Wen, Duke Flasck, Richard; Wen, Duke Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 -- - CX-15.o1C CX-15.o2C Asustek Comouter Inc. Inverter Schematic: - - PEGA-ITC .0.0.0.04288 CX-1S.o3C Asustek Comouter Inc. Inverter Schematic: CX-1S.o4C I Asustek Comouter Inc. Inverter Schematic: CX-lS.oSC I Asustek Comouter Inc. Inverter Schematic: Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement I Infringement I Infringement CX-15.o6C I Asustek Comouter Inc. Inverter Schematic: F8 I Infringement Infringement EGA-ITC .0.0.0.06987 CX-1S.o9C Asustek Comouter Inc. Inverter Schematic: Infringement EGA-ITC .0.0.0.0819.0 CX-1SI.oC Asustek Comouter Inc. Inverter Schematic: a5 Infringement 124 DM_US:22889518_2 Flasck, Richard; Wen, Duke Admitted 1.0/3.0/.09 . Flasck, Richard; Wen, Duke Admitted 1.0/3.0/.09 I Flasck, Richard; Wen, Duke . I Admitted 1.0/3.0/.09 I Flasck, Richard; Wen, Duke I Admitted 1.0/3.0/.09 I Flasck, Richard; Wen, Duke I Admitted 1.0/3.0/.09 . I Flasck, Richard; Wen, Duke I Admitted 1.0/3.0/09 Flasck, Richard; Wen, Duke Admitted 1.0/3.0/.09 Flasck, Richard; Wen, Duke Admitted 1.0/3.0/.09 - CX-1512C CX-1513C CX-1514C CX-1515C CX-1516C CX-1517C CX-1518C CX-1519C CX-1520C Investigation No. 337-TA-666 02 Micro's Final List November 3, 2009 I Asustek Comouter Inc. Inverter Schematic: as I Infringement I Asustek Comouter Inc. Inverter Schematic: as I Infringement I Asustek Comouter Inc. Inverter Schematic: a5 I Infringement I Asustek Comouter Inc. Inverter Schematic: I Infringement I Asustek Comouter Inc. Inverter Schematic: A7 I I Asustek Comouter Inc. Inverter Schematic: I Infringement PEGA-ITC 00012364 Asustek Comouter Inc. Inverter Schematic: Infringement EGA .. I.TC 00012436 Asustek Comouter Inc. Inverter Schematic: Infringement EGA-ITC 00015462 Asustek Com outer Inc. Inverter Schematic: Infringement 125 DM....,US:22889518_2 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck. Richard; Wen, Duke Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I - Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 . - - - CX-1532C I C90S Inverter Board. Customer Asus. - - EGA-ITC 00043576-581 CX-1533C F6S Inverter Board. Pellatron Part No. 60- EGA-ITC 00046085-090 CX-1534C Asustek Comouter mc. Inverter Schematic: PEGA-ITC 00046149 CX-1535C F80S Inverter Board. Customer Asus. CX-1536C I Asustek Comouter Inc. Inverter Schematic: CX-1537C I Asustek Comouter Inc. Inverter Schematic: (PEGA-ITC 00(48289) CX-1538C Pegatron Schematic: G70G (pEGA-ITC 00048684) . CX-1539C Asustek Computer Inc. Inverter Schematic: 0700 INVERTER CIRCUIT (PEGA-ITC 00048753) CX-1540C 070S0 Inverter Board. Customer Asus. DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement Infringement Infringement Infringement I Infringement I Infringement Infringement Infringement Infringement 127 I Flasck, Richard; Wen, Duke Flasck, Richard; Wen, Duke Flasck, Richard; Wen, Duke Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/30/09 I Admitted 10/30109 I Admitted 10/30/09 . I I Admitted 10/30/09 CX-1542C I Asustek Comouter Inc. Inverter Schematic: CX-1543C I Asustek Comouter Inc. Inverter Schematic: CX-1544C I Asustek Comouter Inc. Inverter Schematic: CX-1545C I Z37S Inverter Board. Customer Asus. PEGA-ITC 00056973-978 CX-1546C Asustek Comouter Inc. Inverter Schematic: EGA-ITC 00079784 CX-1549C BOM. From LA0800 1 53. 60-NE7INI000- EGA-ITC 00080775-816 CX-1550C Asustek Comouter Inc. Inverter DM_US:22889S18-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement I lnfringement I Infringement Infringement Infringement Infringement Infringement 128 I Flasck, Richard; Wen, Duke I Admitted 10/30109 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Wen, Duke I AdInitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 Flasek, Richard; Wen, Duke Admitted 10/30/09 .,. - 1&. _ CX-1552C I Asustek Computer Inc. Inverter Schematic: CX-1553C I Asustek Computer Inc. Inverter Schematic: CX-1555C I Asustek Computer Inc. Inverter Schematic: CX-1556C I Asustek Computer Inc. Inverter Schematic: Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement . I InfrinEement Infringement I Infringement I Infringement CX-1557C I BOM. 60-N7VINI000-AOl. A2 Inverter BD I Infringement CX-1558C I Asustek Computer Inc. Inverter Schematic: I Infringement PEGA-ITC 00107682 CX-1559C Asustek Computer Inc. Inverter Schematic: Infringement EGA-ITC 00107683 CX-1560C Asustek Computer Inc. Inverter Schematic: Infringement 129 . DM_US:22889518_2 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Fblsck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I A-dmitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 Flasck,'Richard; Wen, Duke Admitted 10/30/09 I DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 130 CX-1572C I BOM. From: C902371. 59-NKTINI000- CX-1574C I Asustek ComDuter Inc. Inverter Schematic: CX-1575C I Asustek ComDuter Inc. Inverter Schematic: CX-1576C I BOM. From: LA0800153. 60-NFUINI000- CX-1577C I Asustek ComDuter Inc. Inverter Schematic: CX-1578C I Asustek ComDuter Inc. Inverter Schematic: CX-1579C I Asustek ComDuter Inc. Inverter Schematic: CX-1580C I Asustek ComDuter Inc. Inverter Schematic: DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 . .. . , I Infringement Infringement I Infringement I Infringement I infrinszement I Infringement I .Infringement I Infringement I Infringement 131 I Flasck, Richard; Wen, Duke I Admitted .10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, puke I Admitted 10/30/09 1 Flasck, Richard; Wen, Duke I Admitted 10/30/09 1 F l a s c ~ Richard; Wen, Duke I Admitted 10/30/09 1 Flasck, Richard; Wen, Duke I Admitted 10/30/09 1 Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Investigation'No. 3 3 7 T ~ 6 6 6 . 02 Micro's Final Exhibit List November 3, 2009 CX-1592C
CX-1594C CX-1595C CX-1596C CX-1597C CX-1598C CX-1599C CX-1600C . Investigation No. 337-TA-666 02 Micro's Final Exhibit List Nov.ember 3, 2009 1 Asustek Comouter Inc. Inverter Schematic: 1 Infringement , , PEGA-ITC 00651786 Asustek Comouter Inc. Inverter Schematic: Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 1 Asustek Comouter Inc. Inverter Schematic: . 1 Infringement 1 Asustek ComDuter Inc. Inverter Schematic: I Infringement 1 Asustek ComDuter Inc. Inverter Schematic: 1 Infringement 1 Asustek ComDuter Inc. Inverter Schematic: 1 Infringement I' Asustek ComDuter Inc. Inverter Schematic: 1 Infringement 133 DI\oLUS:22889S18_2 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 . Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke . I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I CX-1602C CX-1604C CX-1605C CX-1606C CX-1607C CX-1608C CX-1609C CX-1610C CX-1611C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 1 Asustek Comouter Inc. Inverter Schematic: D 1 1 Infringement Infringement I Asustek Comouter Inc. Inverter Schematic: I Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 Infringement 1 Asustek Comouter Inc. Inverter Schematic: I Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 Infringement . I Asustek Comouter Inc. Inverter Schematic: L4 1 Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 Infringement 1 Asustek Comouter Inc. Inverter Schematic: 1 1 Asustek Comouter Inc. Inverter Schematic: 1 134 . DM_US:22889S18_2 I Flasck, Richard; Wen, Duke I Adnlitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30109 . I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasek, Riehard; Wen, Duke .10/30/09 IAdnritted CX-1613C I Asustek Comouter Inc. Inverter Schematic: . PEGA-ITC 00991592 CX-1614C . Asustek Comouter Inc. Inverter Schematic: EGA-ITC 00991593 CX-1615C Asustek Comouter Inc. Inverter Schematic: PEGA-ITC 00991595 CX-1616C Asustek Comouter Inc. Inverter Schematic: CX-1617C I Asustek Comouter Inc. Inverter Schematic: CX-1618C I Asustek Comouter Inc. Inverter Schematic: CX-1619C I Asustek Comouter Inc. Inverter Schematic: CX-1620C I Asustek Com outer Inc. Inverter Schematic: CX-1621C I Asustek Comouter Inc. Inverter Schematic: DM_US:22889S18-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I tnfrine:ement Infringement Infringement InfrinlZement I Infringement I Infringement I Infringement I Infringement I Infringement 135 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Wen, Duke Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 . Flasck, Wen, Duke Aq.mitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Richard; Wen, Duke I Admitted 10/30/Q9 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted . 10/30/09 I CX-1623C I Asustek Comouter Inc. Inverter Schematic: CX-1624C I Asustek Comouter Inc. Inverter Schematic: CX-1625C I Asustek Comouter Inc. Inverter Schematic: CX-1626C I Asustek Comouter Inc. Inverter Schematic: CX-1627C I AsustekComouter Inc. Inverter Schematic: CX-1628C I Asustek Comouter Inc. Inverter Schematic: CX-1629C I Asustek Comouter Inc. Inverter Schematic: , , EGA-ITC 00991611 CX-1630C Asustek Com outer Inc. Inverter Schematic: CX-1631C I Asustek Comouter Inc. Inverter Schematic: DM.-US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement I Infringement I Infringement I Infringement I Infringement I Infringement Infringement I Infringement 136 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 CX-1633C I Asustek Comouter Inc. Inverter Schematic: A EGA-ITC 00991618 CX-1634C Asustek Comouter Inc. Inverter Schematic: EGA-ITC 00991619 CX-1635C Asustek C'omouter Inc. Inverter Schematic: CX-1636C I Asustek Comouter Inc. Inverter Schematic: CX-1637C I Asustek Comouter Inc. Inverter Schematic: CX-1638C I Asustek Comouter Inc. Inverter Schematic: CX-1639C I Asustek Comouter Inc. Inverter Schematic: CX-1640C I Asustek Comouter Inc. Inverter Schematic: CX-1641C I Asustek Comouter Inc. Inverter Schematic: DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement Infringement Infringement I Infringement I Infringement I Infringement I Infringement I Infringement I Infringement 137 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10130/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I CX-1643C I Asustek Comouter Inc. Inverter Schematic: CX-1644C I Asustek Comouter Inc. Inverter Schematic: PEGA-ITC 00991630 CX-1645C Asustek Comouter Inc. Inverter Schematic: CX-1646C I Asustek Comouter Inc. Inverter Schematic: CX-1647C I Asustek Comouter Inc. Inverter Schematic: CX-1648C I Asustek Comouter Inc. Inverter Schematic: CX-1649 I LX1691 Datasheet. Rev. 1.0.07/16/04 CX-1650C I Asustek Comouter Inc. Inverter Schematic: CX-1651C I Asustek Comouter Inc. Inverter Schematic: DM_US:22889S18_2 Investigation No. 337-TA.-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement Infringement I Infringement I Infringement I Infringement I Infringement I Infringement I Infringement 138 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 Flasck, Richard; Wen, Duke Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted "10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 . I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 I Flasck, Richard; Wen, Duke I Admitted 10/30/09 CX-1653C CX-1654C I Withdrawn CX-1655C CX-1656C Withdrawn CX-1657C Withdrawn CX-1658C Withdrawn CX-1659C Withdrawn CX-1660C Withdrawn CX-1661C Withdrawn CX-1662C Withdrawn CX-1663C Withdrawn CX-1664C Withdrawn CX-1665C CX-1666C I Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 139 CX-1668C Withdrawn CX-1669C Withdrawn CX-1670C I Withdrawn CX-1671C' Withdrawn CX-1672C Withdrawn CX-1673C Withdrawn CX-1674C Withdrawn CX-1675C Withdrawn CX-1676C Withdrawn CX-1677C Withdrawn CX-1678C Withdrawn CX-1679C Withdrawn CX-1680C Withdrawn CX-1681C Withdrawn CX-1682C I Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 140 CX-.1683C Withdrawn CX-1684C Withdrawn CX-1685C Withdrawn CX-1686C Withdrawn CX-1687C Withdrawn CX-1688C Withdrawn CX-1689C Withdrawn CX-1690C Withdrawn CX-1691C Withdrawn CX-1692C Withdrawn CX-1693C Withdrawn CX-1694C Withdrawn CX-1695C Withdrawn CX-1696C Withdrawn CX-1697C Withdrawn CX-1698C Withdrawn DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Filial Exhibit List November 3, 2009 I 141 CX-1699C Withdrawn CX-1700C Withdrawn CX-1701C Withdrawn 1702C Withdrawn CX-1703C Withdrawn CX-1704C Withdrawn CX-1705C Withdrawn CX-1706C Withdrawn CX-1707C Withdrawn 70SC Withdrawn CX-1709C Withdrawn CX-1710C Withdrawn CX-17UC Withdrawn CX-1712C Withdrawn CX-17l3C Withdrawn CX-1714C Withdrawn DM_US:22889S18..2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 142 CX-1716C CX-I717C CX-I718C Withdrawn CX-I719C Withdrawn CX-1720C Withdrawn CX-I721C Withdrawn CX-I722C Withdrawn CX-1723C Withdrawn CX-1724C Withdrawn CX-1725C Withdrawn CX-I726C Withdrawn CX-I727C Withdrawn CX-I728C Withdrawn CX-1729C Withdrawn CX-1730C Withdrawn
Investigation No. 337;';TA-666 02 Micro's Final Exhibit List November 3, 2009 143 CX-1732C CX-1733C < I CX-1734C' CX-1735C CX-1736C CX-1737C CX-1738C CX-1739C CX-1740C CX-1741C CX-1742C CX-1743C CX-1744C Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn Withdrawn
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Sony Corp 02 Micro Royalty Payment from April 1, 2008 - March 31, 2009 Infringement; Remedy; Bonding . "'''''''IT''''''''' 612305-61 144
Flasck, Richard; Sciammas, Maurice; Rao, Meera, Moyer, James: Neelv. Richard Admitted 10/22/09 . CX-1745C Withdrawn CX-1746C Products related to '382 - 090814 (02ITC 612358-88) Withdrawn CX-1748 Withdrawn CX-1749 Withdrawn CX-1750 . Withdrawn CX-1751 . Withdrawn CX-1752 Withdrawn CX-1753 Withdrawn CX-1754 Withdrawn CX-1755 CX-1756C Withdrawn CX-1757 CX-1758C I Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit.List November 3, 2009 I Ownership; Validity; Infringement; Claim Construction; Domestic I Industry 145 I Lin, Yung-Lin; Flasck, Richard; Mercer, Ray I Admitted. 10/22/09
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 146 Novitsky Flasek Admitted 10/3 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Dr. Mercer Schematics & Waveforms - I Validity MP1010-A Open Lamp Regulation and Shutdown Circuit, 8/20/09 Mercer Rebuttal Report (Silzars), Ex. 10 Rebuts RX-IC-3C, 34C, 46C, 70C, 84C-86C, 91C, 133C-137C, 258C, 259C, 262C, 263C, 412C, 470C, 471C, 478C, 484C, 506C-508C, 522C, 534C-544C, 569C, 571C-576C, 584C- 589C, 674C, 675C,679C, 701C, 726C,750C, 751C. 983C. 984C DM_US:22889S 1 8_2 147 . . Mercer Nagel Silzars Admitted 10/30/09 CX-1808C CX-lS09 CX-1811C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 03/20/03 MPS email from Frankie to M. I Validity Sciammas et al re Summary of difference between MPI0I0B and MPI015 (MONO-ITC 00723916-00723918) Rebuts RX-31C-71C, 469C, 505C, 532C, 676C-67SC, 680C-700C, 702C-725C, 727C- 730C I 03111102 M. Hsing email to R. Chen attaching Validity OZ datasheets (MPS-ITC 055591-0556571, Wang Dep. Ex 20 Rebuts RX-31C-71C, 469C, 505C, 5 3 C ~ 676C-67SC, 6S0C-700C, 702C-725C, 727C- 730C I OZ962 Preliminary Datasheet, Feb. 10, 1998 Validity (MPS 93330-93339) Rebuts RX-31C-71C, 469C, 505C, 532C, 676C-678C, 680C-700C, 702C-725C, 727C- 730C ithdrawn I Letter of Intent Agreement between MPS and Validity Ambit Microsystems Corp., 2/10/98 (MONO-ITC 00717654-00717657) Rebuts RX-31 C-71 C, 469C, 505C, 532C, 676C-678C, 680C-700C, 702C-725C, 727C- 730C 148 DM_US:22889S18_2 Mercer Sciammas Mercer Silzars Wang Mercer Yung-Lin Lin . Mercer Silzars Sciammas Moyer Admitted 10/26/09 I Admitted . 10/22/09 Admitted 10/21109 Admitted 10/30/09 Investigation No. 337-TA-666 02 Micro's Final Exhibit. List November 3, 2009 . Mark up of U.S. Patent 5,818,669 (Mader) I Validity (MPS-ITC 003810-003827), Silzars Dep. Ex. 14 Rebuts RX- 94, 95C-97C, 178C-179C, 183C, 568C 09-13-00 Summary of the first test ort 960 I Validity module (MONO-ITC 00720284-00720297) Rebuts RX-31C-71C, 469C, 505C, 532C, 676C-678C, 680C-700C, 702C-725C, 727C- 730C
149 Mercer Silzars Mercer Silzars Ueunten Moyer Sciammas Admitted 10/30/09 Admitted 10/30/09 DM_US:22889S18-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Validity 150 Mercer Silzars Lin, Yung-Lin Mercer Silzars Moyer Ueunten Admitted. 10/21109 Admitted 10/30/09 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 CX-1857C I 4/28/04 T. Ward email.re LX1691A short-t.erm I Validity demand (MICRO SEMI 180907) Rebuts RX-1C-3C, 34C, 46C, 70C, 72-105C, 133C-137C, 258C, 259C, 262C, 263C, 412C, 470C, 471C, 478C, 484C, 506C-508C, 522C, 534C-544C, 569C, 571C-576C, 584C-589C, 674C, 675C, 679C, 701C, 726C,750C, 751C, 983C.984C DM_US:22889518_2 151 Mercer Chapman Admitted 10/22/09 DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 t 152 InveStigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; Domestic Industry MPS Designing CCFL Inverters with the I Validity MP1010 version.f1, dated 05/1999 (MPS-ITC 002769) Rebuts RX-1C-3C, 34C, 46C, 70C, 84C-86C, 91C, 133C-137C, 258C, 259C, 262C, 263C, 412C, 470C, 471C, 478C, 484C, 506C-508C, 522C, 534C-544C, 569C, 571C-576C, 584C- 589C, 674C,-675C, 679C, 701C, 726C, 750C, 751C. 983C. 984C DM_US:22889S18-.2 Infringement 153 Flasck Silzars Yung-Lin Lin Mercer Silzars Moyer Ueunten Shannon Flasck Ueunten Silzars Admitted 10/30/09 Admitted 10/30/09 CX-1926C MPS Test Schematic, dated 1/17/98 (MONO-ITC 00111142-308) DM_US:22889S 1 8":'2 Investigation No. 337-TA-666 02 Micro's Final Exhibit LiSt November 3, 2009 Infringement 154 Flasck Silzars Ueunten Moyer Shannon Admitted 10/30/09
Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 155 DM_US:22889S18_2 . Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 156 Schematics re CCFL in file folder labeled CCFL Drivers (MPS-ITC 006904-7226) Hand drawing of schematics and simplified schematics (MPS-ITC 083095) DM_US:22889S18..2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement 157' Ueunten Moyer Shannon Flasek Silzars Ueunten Moyer Shannon Admitted 10/30/09 CX-2034C I 2008-AUG USA SALES FCST (MONO-ITC-00093957 - 4067) CX-2035C I ASUS Schematic \.-ITC 00991568) CX-2036C I ASUS Schematic CX-2037C I ASUS Schematic CX-2038C I ASUS Schematic CX-2039C I ASUS Schematic CX-2040C I AsUs Schematic CX-2041C I ASUS Schematic CX-2042C I ASUS Schematic DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Importation Remedy Bonding I Rao Infringement Sciammas Flasck Infringement Flasck, Richard Infringement Flasck, Richard I Infringement I Flasck, Richard I Infrinaement I Flasck, Richard I Infringement I Flasck, Richard I Infringement I Flasck, Richard I Infringement I Flasck, Richard I Infringement I Flasck, Richard 158 I Admitted' 10/30/09 Admitted 10/30/09 Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 . I Admitted 10/30/09 I Admitted 10/30/09 . I Admitted 10/30/09 CX-2046C ASUS Schematic CX-2047C ASUS Schematic CX-2048C I ASUS Schematic CX-2049C I ASUS Schematic CX-2050C ASUS Schematic (pEGA-ITC 00991583) CX-2051C ASUS Schematic CX-2052C I ASUS Schematic CX-2053C I ASUS Schematic CX-2054C . I ASUS Schematic CX-2055C ASUS Schematic (pEGA-ITC 00991588) CX-2056C ASUS Schematic DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement Infringement Infringement I Infringement I Infringement Infringement .Infringement I Infringement I Infringement I Infringement Infringement Infringement 159 Flasck, Richard 10/: Flasck, Richard Adinitted 10/30109 Flasek, Richard Admitted 10/30109 Flasck, Richard Admitted 0/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, i c ~ a r d I Admitted I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted I Flasck, Richard I Admitted' 10/30/09 CX-2058C ASUS Schematic (pEGA-ITC 00991591) CX-2059C ASUS Schematic CX-2060C ASUS Schematic (PEGA-ITC 00991593) CX-2061C ASUS Schematic . (PEGA-ITC 00991594) CX-2062C ASUS Schematic (PEGA-ITC 00991595) CX-2063C. ASUS Schematic (pEGA-ITC 00991596) CX-2064C ASUS Schematic CX-2065C I ASUS Schematic CX-2066C I ASUS Schematic CX-2067C I ASUS Schematic CX-2068C 1 ASUS Schematic CX-2069C ASUS Schematic (pEGA-ITC 00991602) CX-2070C ASUS Schematic . DM_US:22889518_2 Investigation No. 337-TA-666 . 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement Infringement Infringement Infringement Infringement Infringement I Infringement I Infringement I Infringement 1 Infringement Infringement Infringement 160 .. Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard I Flasck, Richard I Flasck, Richard Flasck Richard 10/30 Flasck, Richard Admitted 10/30/09 I 'Flasck, Richard . I Admitted 10/30/09 I Flasck, Richard I Admitted. 10/30/09 1 Flasck, Richard .1 Admitted 10/30/09 I Flasck, Richard I Admitted I Flasck, Richard CX-2072C I ASUS Schematic CX-2073C ASUS Schematic (PEGA-ITC 009916061 CX-2074C ASUS Schematic (pEGA-ITC 00991607) CX-2075C ASUS Schematic (pEGA-ITC 00991608) CX-2076C ASUS Schematic (PEGA-ITC 00991609) CX-2077C ASUS Schematic . (pEGA-ITC 00991610) CX-2078C Asus Schematic CX-2079C I ASUS Schematic CX-2080C I ASUS Schematic CX-2081C I ASUS Schematic CX-2082C I ASUS Schematic CX-2083C I ASUS Schematic CX-2084C I ASUS Schematic DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement Infringement Infringement . Infringement Infringement Infringement Infringement I Infringement I Infringement I infrineement I Infringement I Infringement I Infringement 161 1 Flasck, Richard I Flasck, Richard I Flasck, Richard I Flasck, Richard I Flasck, Richard Flasck, Richard Flasck, Richard I Flasck, Richard 1 Flasck, Richard I Flasck, Richard .1 Flasck, Richard I Flasck, Richard I Flasck, Richard 1 Admitted 10/30/09 1 Admitted 110/30/09 1 Admitted 10/30/09 I Admitted 10/30/09 1 Admitted 10/30/09 I Admitted 10/30/09 1 Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 CX-2086C I ASUS Schematic CX-2087C I ASUS Schematic CX-2088C I ASUS Schematic CX-2089C I ASUS Schematic CX-2090C I ASUS Schematic CX-2091C I ASUS Schematic CX-2092C I ASUS Schematic CX-2093C I ASUS Schematic CX-2094C I ASUS Schematic CX-2095C ASUS Schematic (PEGA-ITC 00991628) CX-2096C ASUS Schematic (pEGA-ITC 00991629) CX-2097C ASUS Schematic CX-2098C I ASUS Schematic DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement I Infringement I Infringement I Infringement I lnfrin2ement I Infringement I Infringement I Infringement Infringement Infringement Infringement I 162 I Flasck, Richard I Admitted 10/3 I Flasck, Richard 1 Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 . Flasck, Richard I Admitted Flasck, Richard 10/30/09 Flasck, Richard Admitted 10/30/09 1 Flasck, Richard 1 10/30/09 I Flasck, Richard I Admitted 10/30/09 Il"lasck, Richard 1 Admitted 10/30109 I Flasck, Richard I Admitted Flasck, Richard 110/30/09 Flasck, Richard 1 Admitted 10/3 I Flasck, Richard I Admitted 10/30/09 CX-2100C CX-2101C CX-2l02C CX-2103C CX-2104C
CX-2107C CX-2108C Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement InfriQ,gement Infringement Validity Validity Validity Validity Validity Validity CX-2109C Raymond Reitz emails re Microsemi products (LF 1-6, 12-13) tnfringement; importation; remedy CX-2110C I Assembly Console schematics (LF 29-38) DM_US:22889S18_2 Infringement; importation; remedy . 163 I Flasck, Richard I Flasck, Richard 1 Flasck, Richard 1 Lin, Yung-Lin; Mercer, Ray I Lin, Yung-Lin; Mercer, Ray I Lin, Yung-Lin; Mercer, Ray I Lin, Yung-Lin; Mercer, Ray I Lin, Mercer, Ray Lin, Yung-Lin; Mercer, Ray I Admitted 10/30/09 1 Admitted 10/30/09 1 10/30/09 I Admitted 10/21/09 I Admitted 10/21109 I Admitted 10/21109 I Admitted 10/21/09 I Admitted 10/21109 Admitted 10/21/09 Flasck, Richard; Choi, Kevin; I Admitted Litchfield, Steven; Henry, George; 10/26/09 Chien 10/26/09 CX-2112C CX-2113C CX-2114C CX-2115C CX-2116C CX-2117C CX-211SC I Lifefitness invoices and receipts (LF 51-64) Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement; importation; .. remedy Infringement; importation; remedy I Lifefitness invoices, packing slips, third party Infringement; importation; billing and receipts remedy 65-1 I Microsemi AnalolZ Mixed SilZnal GrouD I Infringement; importation; remedy I Lifefitness Vendor Item ReDort. dated I Infringement; importation; remedy I (LF 154} I Email from M. Sciammas to P. Ueunten & J. Validity I OZ960 Preliminarv Datasheet. OZ960-DS-0.9. lV,alidity. 164 DM_US:22889S18_2 I Flasck, Richard; Choi, Kevin; Litchfield, Steven; Henry, George; Nguyen, Chien Flasck; Richard; Choi, Kevin; Admjtted Litchfield, Steven; Henry, George; 10/26/09 Nguyen, Chien Flasck, Richard; Choi, Kevin; Admitted Litchfield. Steven: Henrv. GeorlZe: 10/26/09 Flasck, Richard Admitted 10/26/09 Flasck, Richard Admitted 10/26/09 Sciammas, Maurice Admitted 1"0/26/09 I Sciammas, Maurice I Admitted 10/26/09 CDX-l Board containing 02 Micro Inverter Controller CDX-2 CCFLlamp CDX-3C Total sales for OZ960 and OZ964 CDX-4C Sales impact of the '382 patent CDX-5C Commercial success of the '382 patent as percentage of business & market share CDX-6C I Comparison of sales of the OZ960 andOZ965 CDX-7 Withdrawn CDX-8 Withdrawn CDX-9 Withdrawn CDX-I0 Withdrawn CDX-ll Drawing by Dr. Lin CDX-12 1 Drawing by Dr. Lin CDX-13 1 Microsemi's Product Families CDX-14 1 '382 Asserted Claims DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 DEMONSTRATIVE EXlDBITS Conception & reducti.on to practice; Yung-Lin Lin Technical prong domestic' industry Conception & reduction to practice; Yung-Lin Lin Technical prong domestic industry . I Secondary considerations of lames Keim nonobviousness 1 Secondary considerations of lamesKeim nonobviousness I Secondary considerations of JainesKeim nonobviousness Secondary considerations of I James .Keim nonobviousness I 1 Conception & reduction to practice 1 Yung-Lin Lin 1 Conception & reduction to practice '1 Yung-Lin Lin I Infringement; Importation 1 Asaf Silberstein I. Infringement I Flasck, Richard 165 Admitted 10/21/09 . Admitted 10121109 Admitted 10/22/09 Admitted' 10/22/09 Admitted 10/22/09 "Admitted 10/22/09 I Admitted 10/21/09 1 Admitted 10/21109 .1 Admitted 10/22/09 I Admitted ~ 0 3 0 0 9 . CDX-16 I List of Simplified MPS Schematics CDX-17 I Simplified Schematic for MPS Accused Products CDX-18 I Fundamental Errors in MPS' s c ithdrawn CDX-20 Withdrawn CDX-21 Withdrawn CDX-22 Withdrawn CDX-23 "Exceeding" v "Above"- Detection Result v Detection CDX-24 I Exceeding the Predetermined Threshold for Predetermined Duration CDX-2S I Exceeding the Predetermined Threshold of Predetermined Duration CDX-26 I Exceeding the Predetermined Threshold for Predetermined Duration CDX-27 I Simplified Schematic For MPS Accused Products DM_US:22889S 1 8_2 Investigation o ~ 7 TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement Infringemmt Infringement Infringemen! . I Infringement Infringement Infringement Infringement 166 Flasck, Richard I Flasck, Richard Flasck, Richard . Flasc.k, Richard Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard Flasek, Richard I Admitted 10/30/09 Admitted 10/30/09 Admitted 0/09 Admitted .10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 I 10/30/09 CDX-32 I Examoles ofOoeration of the CDX-33 I Examoles ofOoeration of the CDX-34 I Exceeding the Predetermined Threshold for Predetermined Duration CDX-35 I Simplified Schematic For MPS Accused Products CDX-36 I MPS Exoert's Test Proves CDX-40 I Withdrawn CDX-41 I Hysteresis is Irrelevant CDX-42 I Intentionally Left Blank DM_US:22889S 1 8_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Infringement Infringement I Infringement 1 Flasck, Richard I Flasck, Richard 1 Flasck, Richard I Infringement 'I Flasck, Richard ' I I Flasck, Richard Infringement Flasck, Richard Infringement Flasck, Richard , Infringement Flasck, Richard Infringement Flasck, Richard 167 I Admitted 10/30/09 1 Admitted 10/30/09 1 Admitted 10/30/09 1 Admitted 10/30/09 I Admitted 10/30/09 Admitted 10/30/09 Admitted, 10/30/09 Admitted 10/30/09 CDX-44 I ASUSTEK Accused Products CDX-4S I ASUSTek LCD Display Products ' Analyzed CDX-46 I Infringing Microsemi Inverter Controllers CDX-47 I Infringing Microsemi Inverter Modules CDX-48 Withdrawn CDX-49 I Timers - The IC Timer Cookbook CDX-SO I Withdrawn CDX-Sl I Timers'- The 2240 Type Block Diagram DM_ US:22889S 18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Infringement Infringement Infringement Infringement I Infringement Infringement 168 I Flasck, Richard Flasck, Richard Flasck, Richard ' Flasck, Richard Flasck, Richard Flasck, Richard, I Admitted 10/3,0/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/3'0/09 COX-52 I Withdrawn Inve$tigation No. 337-TA-666 02 Micro's Fin"al Exhibit List November 3, 2009 COX-53 I LX1692 OVer Programmed Voltage I Infringement Protection COX-54 COX-55 I Withdrawn COX-56 I Withdrawn COX-57 I Withdrawn COX-58 I Withdrawn COX-59 I LX1692-C BST Infringement 169 DM_US:22889S 1 8_2 Flasck, Richard Flasck, Richard Admitted 10/30/09 10/30/09 CDX-61 I LX1692 - C .)3ST CDX-62 LXI692-CBST CDX-63 I LX1692-C_BST CDX-64 I Withdrawn Investigation No. 337-TA-666 . 02 Micro's Final Exhibit List November 3, 2009 1 Infringement I" Flasck, Richard Infringement Flasck, Richard 1 Infringement 1 Flasck, Richard I 1 Admitted 10/30/09 Admitted 10/30/09 1 Admitted 10/30/09 I CDX-68C I MPI0I0B Claim Chart CDX-69C I MPI015 Claim Chart CDX-70C I MPI018 Claim Chart CDX-71C I MPI026 Claim Chart CDX-72C I MPI037 Claim Chart CDX-73C I MPI038 Claim Chart CDX-74C I MPI039 Claim Chart 'CDX-75C I MP1048 Claim Chart DM_US:22BB9S1B_2 Investigation No. 337-TA-666' 02 Micro's Final Exhibit List November ~ 2009 Infringemen! I Infringement I Flasek, Richard I Infringement I' Flasck, Richard ' I Infringement 1 Flasck, Richard I Infringement I Flasck, Richard I Infrine:ement I Flasck, Richard I Infringement , I Flasck, Richard I Infringement 1 Flasck, Richard , " 171 I Admitted 10/30/09 I Admitted 10/3,0/09 1 Admitted 10/30/09 I Admitted 1.Q/30/09 I Admitted 10/30/09 I Admitted 10/30/09 I Admitted 10/30/09 I Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Pegatron D1 (Rev 1.0) Infringement Chart CDX-85C Pegatron L4 (Rev 2.1) Infringement Chart CDX-86C I Pegatron Mareep 2 Rev 1.2 Infringement Cb,art CDX-87C I Pegatron A 7J Dual Lamp Rev 1.1 Infringement Chart CDX-88q I Pegatron W2J Dual Lamp Rev 1.2 Infringement Chart CDX-89C I Pegatron R2E Rev 1.0 Infringement Chart CDX-90C Pegatron F90SV Rev 1.1 Inverter Infringement Chart CDX-91C I LX1691A Infringement Claim Chart DM_US:22889518-.2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List I November 3, 2009 Infringement . Infringement Infringement Infringement Infringement
Infringement 173 Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard Flasck, Richard Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 10/30/09 Admitted 10/30/09 I CDX-92C I LX1692 Infringement Claim Chart CDX-93C I LX1693 Claim Chart Investigation No. 337-TA-666 , 02 Micro's Final Exhibit List November 3, 2009 I Infringement I Infringement CDX-94C I LXMGI617A-03-02X Claim Chart I Infringement CDX-95C I LXMGI627-05-44 Claim Chart I Infringement CDX-96C I LXMGI813-12-6x Claim Chart I Infringement CDX-97C I Preliminary Claim Chart re I Infringement Infringement of '382 (Asus Computer with WI0 lOB) CDX-98 I Drawing by Richard Flasck Infringement CDX-99 I Timer v. Clock slide Infringement 174 DM_US:22889S18_2 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted 10/30/09 I I Flasck, Richard 10/30/09 I Flasck, Richard I Admitted 10/30/09 I Flasck, Richard I Admitted,' 10/30/09 I Flasck, Richard I Admitted 10/30/09 Flasck, Richard Admitted 10/30/09 Flasck, Richard Admitted 10/30/09 I CDX-100 I Withdrawn CDX-IOIC I Formerly CX-25C - Preliminary Claim Chart re 02 Micro's of U.S. Patent No. 7,417,382 (02 Micro's OZ960) 03 CDX-102C I FormerlyCX-27G- Preliminary Claim Chart re 02 Micro's Implementation of U.S. Patent'No. 7,417,382 (02 Micro's OZ964) 037955-5 CDX-103 I Drawing by H. Bunsow during J. Moyer cross-examinatjon CDX-104 I Drawing by H. Bunsow during 1. Moyer cross-examination CDX-105 I Drawing by H. Bunsow during A. Silzars cross-examination CDX-106 I Withdrawn DM_US:22889518_2 Investigation No. 337-TA-666 02 Micro's'FinaI Exhibit List . November 3, 2009 I Infringement Infringement Infringement; Validity Infringement; Validity Infringement; Importation . 175 I Flasck, Richard Flasck, Richard . Moyer, JaIl,les Moyer, James Silzars, Aris I Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30109 Admitted 10/30/09 Admitted 10/28/09 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 CDX-108 I Claim Construction: Timer Circuit I Validity Limitation CDX-l09 I Withdrawn CDX-110 I Withdrawn CDX-lll I "when said first voltage signal I Validity exceeds a predetermined threshold for said predetermined duration." CDX-112 I Withdrawn CDX-113 I MPlOl0 (RX-85) Validity 176 DM_US:22889S18_2 Mercer Mercer Mercer 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CDX-1l5 I Differences BetweenRCTime Constant and "Predetermined Duration" CDX-116 I Withdrawn CDX-117 I Withdrawn . CDX-118 I MPIOIO AN-Ol (RX-584) CDX-1l9 MPlOI0 Simulation, p.l (CX-1S03) CDX-120 MPIOIO Simulation, p.2 (CX-lS03) CDX-121 MPlOI0 Simulation, p.3 (CX-1803) DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3,2009 Validity I Validity Validity Validity Validity 177 Mercer I Mercer Mercer Mercer Mercer I Admitted 10/30/09 I Admitted 10/30/09 Admitted 10/3Q/09 Admitted 10/30/09 Admitted 10/30/09 I CDX-122 I Withdrawn . CDX-123 I No Shutdown at 700V and 900V (CX-1803) CDX-124 I MPI0I0 Simulation, p.5 (CX-IS03) Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Validity Validity CDX-125 I MP10I0 Simulation, p.6 (CX-1803) 1 Validity CDX-126 I MPI010 Simulation, p.7 (CX-1803) 1 Validity CDX-127 I MPI010 Simulation, p.8 (eX-1803) 1 Validity CDX-128 I Shutdown at 2000V and 1000V I Validity CDX-129 I (RX-410C) 1 Validity 178 DM_US:22889518-.2 Mercer Admitte4 10/30/09 Mercer' Admitted 10/30/09 1 Mercer 1 Admitted 10/30/09 1 Mercer 1 Admitted 10/30/09 1 Mercer .1 Admitted 10/30/09 1 Mercer . 1 Admitted 10/30/09 1 Mercer 1 Admitted 10/30/09 I CDX-130 I Withdrawn CDX-131 I Kawabata Patent (RX-78) CDX-132 I No Obviousness in View of Kawabata (RX-78) CDX-133 I Withdrawn CDX-134 I Figure 13 Missing Relevant Disclosure (RX-78) CDX-135 I Figure 16 Shows Voltage Dividing Resistors (RX-78) CDX-136 I Kawabata utiljzes a non-standard v o ~ t g e dividing circuit -.not obvious substitution (RX-78)(RX- DM_US:22889S18_2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 I Validity I Validity. .1 Validity I Validity - 1 Validity 179 I Mercer I Mercer I Mercer I Mercer I Mercer I Admitted 10/30/09 I Admitted 10/30/09 1 Admitted 10/3Q/09 I Admitted 10/30/09 I Admitted 10/30/09 CDX-137 I Kawabata Teaches Away from Capacitor Divider (RX-78) 138 I Kawabata Does Not Disclose a Timer Circuit CDX-139 I No Motivation for Current Feedback Control System (RX-78) CDX-140 I Withdrawn CDX-141 I Withdrawn 142 I ML4878 Datasheet (RX-96) CDX-143 I ML4878 Cannot Support Obviousness (RX-96) CDX-144 I VSNS Signal Required for Multiple Purposes (RX-96) DM_US:22889S 1 8,;..2 Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 Validity Validity Validity I Validity Validity Validity 180 Mercer Mercer Mercer I Mercer Mercer Mercer Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 I Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 CDX-14S 1 Zener Diode Used for Power Regulation (RX-96) CDX-146 1 Allegedly Obvious Modification Incompativle with Purpose of Monitoring of Zener Diodes (RX- . CDX-147 1 Allegedly Obvious Modification Incompativle with the Uses of Zero Crossing Detector (RX-96) CDX-148 1 Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009. Validity Validity Validity CDX-149 1 ML4878 Designers Concerned I Validity About Secondary Side Capacitance (RX-9S) . CDX-lS0 I Withdrawn CDX-ISI 1 Withdrawn CDX-lS2 1 No Obviousness in View ofNalbant I Validity Patent CDX-1S3 1 Nalbant-No Secondary Side I Validity Capacitor Divider (RX-93) . LSI DM_US:22889518_2 . Mercer Mercer Mercer Mercer Mercer Mercer Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10/30/09 Admitted 10130109 CDX-155 I Withdrawn Investigation No. 337-TA-666 02 Micro's Final Exhibit List November 3, 2009 CDX-156 I Kawabata Figures 11 & 12 (RX-78) I Validity PHYSICAL EXHIBITS 182 DM_US:22889S18_2 Mercer Admitted 10/30/09 Dated: November 3, 2009 Respectfully suPmitted,
K. T. Cheri8n Robert M. Harkins, Jr. HOWREYLLP 525 Market Street, Suite 3600 San Francisco, CA 94303 (415) 848-4900 Bert C. Reiser Margaret D. Macdonald Mark L. Whitaker HOWREYLLP 1299 Pennsylvania Ave.,N.W. Washington, D.C. 20004 (202) 783-0800 Attorneys for Complainants 02.Micro International Ltd arid 02 Micro Inc. CERTIFICATE OF"SERVICE ~ Mike Durbin, hereby certify that copies of COMPLAINANTS 02 MICRO INTERNATIONAL LTD. AND 02 MICRO INC.'S FINAL EXHIBIT LIST, Were served this 13 th day of November 2009, as follows: The Honorable Marilyn R Abbott Secretary to the Commi.Ssion U.S. International Trade Commission 500 E Street, SW Washington, DC 20436 The Honorable E. James Gildea Administrative Law Judge U.S. Intema.ti.onal1rade Commission 500 E Street, SW, Room 317 Washington, DC 20436 . David O. Lloyd Office 6fUnfair Import Investigations U.S. Intema.ti.onal Trade Commission 500 E Street, SW, Room. 401 Washington, DC 20436 On Behalf of Respondent Microsemi Corporation: Joel D. Covelman '!HE YOCCA LAW FIRM, LLP 19900 MacArthur Blvd., Suite 650 Irvine, CA 92612 Fred T. Grasso Louis J. Alfieri GRASSOPLLC 1818 Library Street Suite 500 Reston, VA 20190 On ~ h a l f of Respondents Monolithic Power Systems Inc. and ASUSTeK Computer Inc., and ASUS Computer International.: " One copy by electronic filing Two copies by band One copy by hand One copy by email [email protected] One copy by email [email protected] One copy by email [email protected] Smith R. Brittingbam IV .. FINNEGAN, HENDERSON, FARABOW, GARRETf & ~ LLP . 901 NewYorkAvenue,NW Washington, DC 20001 On Behalf of Respondent Monolithic Power Systems Inc.: Mark A.. Flagel LATIlAM & WATKINS LLP 355. South Grand Avenue Los Angeles, California 90011-1560 One copy by emaiI [email protected] . One copy by email [email protected] Mike Durbin Exhibit No. Delerlntion RX-I WITHDRAWN Inv. No. 337TA-666 Respondenbl' Combined FInal Direct exhibit List November 3,2009 (Amended January 6, 2010) Bates RanRe RX-2 . WITHDRAWN RX-3 WITHDRAWN Integrated Circuits Unitrode Resol1ll,llt Fluorescent Lamp Driver UCl87l, RX-4 MP.S_ITC 053865-870 .. Invalidity UC2871, and UC3871, dated 1010911994 (MPS ITC 053865870) RX5 WITHDRAWN RX-6 WITHDRAWN RX7 WITHDRAWN ., RX-8 WITHDRAWN RX-9 WITHDRAWN RX-IO WITHDRAWN '382 Patent Prosecution File History, March 30, 2006 Request for Continued Invalidity and RXll Examination (ReB) (Si1zars 20) (02-ITC 001409-419) 02ITC 001409-419 nonintiingement RX12 WITHDRAWN I . RX13 wmmRAWN '382 Patent Prosecution File History, October 10, 2006 Declaration oPrior Invalidity, noninli'ingement, RX14 Invention in the United States to Overcome Cited Patent 001445 02ITC 001445-496 and unenforceability 496) Ex.23l RX-15 WITHDRAWN RX16 WITHDRAWN RX17 WITHDRAWN RX18 WITHDRAWN RX19 WITHDRAWN RX-20 WITHDRAWN RX21 WITHDRAWN RX22 WITHDRAWN RX23 WITHDRAWN RX24C WITHDRAWN .. Partial November 14,2005 Trial Transcript, 02 Micro Int'I v. Taiwan 02ITC 041983 .. 02ITC042010. Invalidity, noninfi'ingement, RX-2S Sumida Electronics, No. 2:03CV007 (redacted) (OlITC 041983, 02ITC 011 and unentbrceability 042010 .. m 401 CHao 12) RX26 WITHDRAWN RX27C WITHDRAWN RX-28C WITHDRAWN RX-29 April 8, 1999 Facsimile from Yung-Lin Lin to Ed Pfleger (02ITC 218786- 792) (Si1zars Report Ex. 44) (Pileer 4) OlITC 218786-792 Invalidity RX-30 WITHDRAWN RX-31 WITHDRAWN 1 SponsorlDll Witness Status Admitted Aris K. 'Silzarll (10121109) Aris K. Silzars, Yung-Lin Liq, Admitted JamesHao (10121109) Aris K. Si1zars, Yung-Lin Lin, Admitted JamesHao (10121109) Aris K. SiIzars, Yung-Lin Lin Admitted (10122109) Admitted Aris K. Silzars, Yung.Un Un 1(10121109) Exhibit No. RX-32 RX-33 RX-34 RX-35 RX-36 RX-37 RX-38 RX-39 RX-40 RX-41 RX-42 RX-43 RX-44 RX-45 RX-46 RX-47 RX-48 RX-49 RX-50C RX-51C Inv. No. Respondents' Combined Final Direct exhibit List November 3.2009 (Amended Jalluary 6.2010) DucrlDtioll BatuRann Purnose 03115/1998 B-mail from lim Moyer regarding MPS ASIC for Inverters MONO-ITC 00718771-772 invalidity leMONO-ITC 00718771-772) (Silzars Reoort Bx. 48) Taiwan Trip Notes of lim Moyer (MONO-ITC 00111116-137) (Silzars MONO-ITC 00111116-137 Invalidity Report Ex. 49) 03/05/1998 WITHDRAWN MPS Purchase Order for MPI011 Probes from SV Probe (MONO-ITC MONO-ITC 00116772 Invalidity 00116772) lSilzars Renort Bx. 51) 6/22/1998 SV Probe Invoice for MPI011 Prabe Card Devices (MONO-ITC 00281586) MONO-ITC 00281586 Invalidity '(Silzars Reoort Bx. 52) 06129/1998 0612911998 Letter from Paul Ueunten re: Rene Bello (MONO-ITC MONO-ITC 00115249 Invalidity 00115249) (Silzars Reoort Bx. 53) 06/30/1998 Norsk Engineering Invoice (MONO-ITC (Silzars MONO-ITC 00245767-768 Invalidity Reoort Bx. 54) IEPS Quote for MPI011 Assembly (MONO-ITC 00115251-256) (SHzars MONO-ITC 00115251-256 Invalidity Reoort Bx. 55) 06104/1998 . CBI Proposal for Work on MPI011(MQNO-ITC00281593) (Silzars Report MONO-ITC0028IS93 Invalidity Ex. 56) 0711411998' . 07107/1998 Letter from Paul Ueunte.n to Gustavo Ortega (MONO-ITC MONO-ITC 00114242,243 Invalidity 00114242-243) (Silzars Report Ex. 57) ICB Quote for MPI0l1 Bum-In Board (MONO-ITC 00114235-237) (Silzars . . MONO-ITC 00114235-'237 Invalidity Reoort Bx. 58) 07/08/1998 MPS Purchase Order for Bum-In Board (MONO-ITC 00115273) (Silzars MONO-Ire 00115273 Invalidity Reoort Ex. 59) 0710911998 '. MPS Purchase Order for Henry Gonzales Consulting (MONO-ITC MONO-ITC 00245781 Invalidity 0024578]) (Silzars Reoort Bx. 60) 06/0811998 MPI0l1 Reference Design Schematic 07/2011998 (MONO-ITC 00115229) MONO-iTC OO} 15229 InvaliditY (Silzars Reoort Bx. 61) : . WITHDRAWN MPI0ll Reference Circuit (MPS-ITC 008875) (Silzars ReportBx. 63) MPS-ITC 008875 Invalidity 10/0211998 . MP 1 011 Reference Circuit with Bill. of Materials (Silzars Report Bx. 64) (Mercer Bx. 10) (Hao 19) (MONO-ITC 00115150) 10/0211998 MONO-ITC 00115150 Invalidity MPI011 Demo Boards (MPS-ITC008894-910) (Silzars Report Bx. 65) MPS-ITC 008894-910 Invalidity 11101/1998 Paul Ueunten Notes on Distribution ofMPI010 Modules (MPS-ITC MPS-ITC 008873 Invalidity 008873) CSilzars Reoort Bx. 66) 01/07/1999 MPIO 1 0 Test Data Measurementll'(MPS-ITC 008879-886) (Silzars Report MPS-ITC 008879-886 Invalidity Bx. 67) 0110811999 FedEx Invoice of Shipment to Ambit fromMPS (MONO-ITC 00281611) RX-52 MONO-ITC 00281611 Invalidity "--___ i.&!!...zars 61) - --------- 2 Sponlorinl!: Witness Status Aris K. Silzars, lames Moyer, Admitted 10hn Shannon 10/30/09) I Aris K. Silzars. lames Moyer. Admitted 10hn Shannon 10/30/09) I Aris K. Silzars, Paul Ueunten, Admitted : lames Mover John Shannon !(10130/09) I Aria K. Silzars, Paul Ueunten, Admitted I James Moyer 10hn Shannon 10/30/09) Aris 1(, SUzars, Paul Ueunten, Admitted .1 James Moyer 10hn Shannon (10130/09) ! Aris K. Silzars. Pa)!l Ueunten, Admitted 1ames Mover John Shannon 1(130/09) Aris 1(, Paul Ueunten; Admitted lames Mover John Shumon (10/30/09) Aris K. Silzars. Paul Ueunten. Admitted James Mover John Shannon 10130/09) Aris K. Sllzars, Paul Ueunten, Admitted James Mover John Shannon (10130/09) . Arls K. Silzars, Paul Ueunten, Admitted James Mover 10hn Shannon 10/30/091. . Aris K. Silzars, Paul Ueunten, . Admitted lames 10hn. Shannon '10130/09) Aris K. Silzars, Paul Ueunten, Admitted lames Mover 10hn Shanilon 10130/09) Aris K. Silzars, Paul Ueunten, Admitted lames Moyer 10hn Shannon. (10/30/09) Aris K . Silzars, Paul Ueunten, Admitted James Mover 10hn Shannon 10/30/09) Aris K. Silzars. Paul Uc:unten, Admitted lames Moyer; John Shannon, (10130/09) James Hao. M"lvin R. M"rCl!r Aris K. Silzars, Paul Ueunten. Admitted lames MOyCr 10hn Shannon (10130/09) Aris K. Silzars, Paul Ueunten, Admitted lames Mover 10hn Shannon (0/30/09) Aria K. Silzars, Paul Admitted lames Mover lohn Shannon (10130/09) Aris.K. Silzars, Paul Ueunten, Admitted James Moyer lohn Shannon 1(0/30/09) ElhlbitNo. RX-53C RX-54C RXS5C RX-56C RX-57C RX-58 RX-59 RX60C RX-61C RX-62C RX-63C RX64C RX-6SC RX-66C RX-67C RX-68C RX-69C RX-70 RX-ll RX-72 RX-73 RX74 . Inv. No. 337.TA-666 Respondents' Combined Final DIMct exhibit List November 3, 2009 (Amended 6, 2010) DescriDJioD Bates Ranl!e PUl'llose Paul Ueunten Notes Regarding Sumida Taiwan Meeting (MONO-lTC . . MONO-ITC 00719066-067 Invalidity 00719066 -067) (SiIzars ReDort Ex. 69) 0111911999 Paul Ueunten Notes Regarding Arima Computer Meeting (MONO- MONOITC007 I 9076.077 Invalidity lTC00719076-077) (Silzars ReDOrt Ex. 70) 0112211999 Paul Ueunten Notes Regarding Compal Meeting (MONOITC 00719Q61) Irsilzars Reoort Ex. 71) 0112211999 MONOlTC 00719061 Invalidity Taiwan Notebook Manufacturers "Visiting Report and To Do List (MONO- MQNO-lTC 0014405-4.11 Invalidity ITC 0014405-41 n (Silzars ReDort:Ex. 72)02101/1999 MPI010 Schematic from Sumida (MPS-lTC 008878) (Silzars Report Ex, 73) MPS-lTC 008878 Invalidity 01119/1999 ... MPI010 Cold Cathode Fluorescent Lamp Driver, Preliminary Data ShCC!t V.2 dated 02100/1999 (MPS-ITC 002799-804) (Mercer Ex. II) (Silzars MPS-lTC 002799-804 Invalidity IReDort Ex. 74) Michael Haing Correspondence with Peter Liu of Ambit (MONO-ITC 00114402-404) (SilzBrs Report Ex. 7S102l03/1999 MONO-ITC 00114402-404 Invalidity Paul Ueunten Correspondence with 'Peter Liu of Ambit (MONO-ITC MONO-ITC 00113294-303 Invalidity 001l3294303HSilzars Report Ex. 76)02125/1999 . Paul Ueunten Notes on Alpha Top Visit (MONO-lTC 00115357) (Silzars ReDort Ex. 77) 03/1111999 . . MONO-ITC 00115357 Invalidity Paul Ueunten Notes on Arima Visit (MONO-ITC 00115359) (Silzars Report MONO-ItC 00115359 . Invalidity Ex. 78) 0112211999 . . WITHDRAWN .. Paul Ueunten Notes on Mitac Visit (MONO-lTC 00115363) (Silzars Report MONO-ITC 001tS36j Invalidity Ex. 80) 03/1111999 ... .. Paul Ueunten Notes on Cbikony Visit (MONO-lTC 00115367) (Silzars MONO-ITC 00115367 Invalidity ReDortEx. 81) 03/1211999 Paul Ueunten Notes on Clevo Visit (MONO-ITC 00115365) (Si1zars Report MONO-ITC 00115365 Invalidity Ex. 82) 0311211999 Paul Ueunten Notes on First International Computer Visit (MONO-ITC MONO-ITC 00115369 Invalidity 00115369) (Silzars ReDort Ex 831:03/1211999 Purchase Order fur MPS 1010 Wafer Supertex (MONOITC 00115287-288) MONO-ITC 00115287.288 Invalidity I(Sllzars Renort Ex. 84) 04121/1999 MPS, Inc. Invoice to TOKO America, Inc dated May 20, 1999 (MONO-ITC MONO-ITC 00245604.609 Invalidity 00245604-609) (Silzars ReDort Ex. 85) 05120/1999 WITHDRAWN WITHDRAWN U.S. Patent No. 5,923,129; Bates MPS-ITC 002668-002691, 07113/1999 fUn 20) (Silzars ReDort Ex. 88) CFlasck Ex. 24) CMPS-ITC 002668-691) MPS-ITC 002668-691 Invalidity U.S. Patent No. 5,930,121 07127/1999 (Hao 15) (Silzats Report Ex. 89) MPS-ITC 002692-715 Invalidity CMPS-ITC 002692715) . WITHDRAWN --- -- -------_. ----------- 3 Sponsorlnl! Witness Statu. Aria K. Silzars, Paul Ueunten, Admitted James Mover Jobn Shinnon i(0130/09) , Aris Ie. Silzars, Paul UeunteD, Admltted James Mover John Shannon (10130/09) ! Aris Ie. Silzars, Paul Ueunten, Admitted i James Mover John Shannon 1(10/30/09) Aris Ie. Si1zars, Paul Ueunten, Admitted James Moyer John Shannon ttO/30/09) i Aris Ie.. Si1zars, Paul UeunteD, Admitted I James Mover' John Shannon fl0130/09) I Aris K. Silzars, Paul Ueunten, I James Moyer, John Shannon (10/30/09) I AdaK. Silzars, Paul Ueunten, . Admitted .. James Moyer John Shannon 1 013 0/09} Aris K. Sllzars, Ueunten, Admitted James Mover John Shannon (10130109) Aris K. Si1zars, Paul Ueunten, . Admitted James Moyer John Shannon (10130/09) Aris K. Si1zars, Paul Ueunten, Admitted James Moyer 10hn Shannon 10130/09} Aris K. SI1zars, Paul Ueunten, Admitted James Moyer John Shannon InO/30/09l . Aris K. Si1zars, Paul Ueunten, Admitted James Mover John Shannon 1(10/30/09) Aris K. Silzars, Paul Ueunten, Admitted James'Mover John Shannon 1 (1 0/3 0/09) Aris K. Paul Ueunten, Admitted James Moyer John Shannon 1(0130/09) Aris K. Silzars, Paul Ueunten, Admitted James Mover John Shannon 1(10130/09) Aris K. Silzars, Paul Ueunten, Admitted James Mover John Shannon 1(10130/09) Aris K. Silzars, Yung-Lin Lin Admitted IflO/30/02l. Aris K. Silzars, Yung-Lin Lin, Rejected Edmund Pt1ellor James Hao 1(10130/09) Inv. No. 337-TA-866 Respondents' Combined Final Direct Exhibit List 009 (Amended January 6, 2010) Exhibit No. Description BawRane:e Pum.o.e SDonlorinl Witness Status RX-7S wmroRAWN RX-76 WlTIfDRAWN RX-77 WITHDRAWN Aris K.. Silzars Admitted U.S. Patent No. 5,384,516 (Kawabata et dated 0112411995 (MPS-ITC MPS-ITC 003912-947 Invalidity '10/30/021 RX-78 (SiIzars R.enort Ex. 95) . Admitted Paul Horowitz & Winfield Hill, The Art of Electro nics (MONO-ITC MONO-ITC 00724069-129 Invalidity Aris"K. Silzars . 1(10130109) RX-79 00724069-129) (Silzars Ex. 96) Aris K. Siizars, Microsemi Admitted George Henry, Striker Direct Drivc CCFL Inverter Topology (Striker), M 002463-470 Invalidity custodian of records, George . (10/30/09) RX-80 09/0711997 (M 002463 - M 002470) (Siizars Report Ex. 97) Henrv RX-8I WITHDRAWN RX-82 WITHDRAWN RX-83 WlTIfDRAWN RX-84 WITHDRAWN ' . Aris K.. Silzars, Paul Uaunten, Admitted RX;-85 MPS ApplicationNoteANOI, V.I0, 2-99, 02100/1999 (MONO-ITC MONO-ITC 00116690-696 Invalidity James Moyer John Shannon I"(0130/09) 00116690696) (Dart ofSilzars ReDort Ex. Ion Aris K.. Silzars, Paul Ueunten, Admitted RX-86 MP 1 01 0 Preliminary Datasheet.V.2, .(MONOITC 00096731-736) (0211999) 00096731-736 Invalidity Jimes Mgyer John Shannon Ino130/09) 1 (Dart of Silzars Report Ex. 101) . , . Admitted U.S. PatontNo. 5,866,968 ("Mech"), dated 0210211999 (SiIzars Report Ex. MONO-ITC-00724059068 Invalidity Aris K. Silzars 101301021 RX87 102l1MOND-ITC-00724059-068) , RX-88 WITHDRAWN RX89 WITHDRAWN RX90 WITHDRAWN RX-9IC WITHDRAWN WITHDRAWN' Admitted U.S. Patent No. 5,615,093 (Nalbant), dated 03/2S11997 (Silzars Report Ex. Invalidity Aris K.. Silzars 'I oa 0/021 RX-93 10'9l '. I RX-94 WITHDRAWN Admitted MU878 LCD Backlight Lamp Driver, 0510011998 (Silzars Rep'ort Ex. Ill) Aris K. Silzars, Doyle Slack, RX-g5 (Mercer Ex. 21) (Flasck Ex. 29) (Slack Ex. 1) (Coles Ex. 2) (MPS-ITC MPS-ITC 003670681 Invalidity Charles Coles, Jefficy Hwang (10/30/09) 1003670-68D Aris K. Silzars. Doyle Slack, Admitted RX-96 MU878 Single Stage LCD Backlight Resonant Inverter Datasheet MPS-ITC 003699-712 Invalidity Charles Coles Jc:Hrev Hwana 1(101301021 1(02/00/19971 CMPSITC 003699-712Hltart ofSilzars Report Ex. 1I1l RX-97 . WITHDRAWN RX-98 WITHDRAWN RX-99 WITHDRAWN RX-IOO WlTIfDRAWN 4 Inv. No. 337-TA-6&& Respondents' Combined Final Direct Exhibit List d January 6, 2010) - Exhibit No. DeserlDtlon Bates Ranae PurDose SDonsorlntr Witness Status Aris K. Silzars, 1ames Hao. Yung-Lio Lin, Adam Badgett, Admitted 02 Micro OZ.962 Datasheets (Silzers Report EI'. 1 J S) (Hac 10) (ASUS-ITC ASUS-lTC 01623076-133 I!lvalidity 1ames Keirn, Pamela Campbell, (10/21109) RX-lOl 01623076-133) 02 Micro custodian of records RX-I02C WITHDRAWN RX-103 WITHDRAWN RX-104 WITHDRAWN RX-IOS WITHDRAWN RX-106 WITHDRAWN Order Denying Defendants' Renewed Motions for Judgment as a Matter of Law and Conditional Motions for a New Trial, and Denying Plaintifl's Invalidity, noninfringement, Admitted Renewed Cross-Motions for 1udgment as a Matter of Law and Cross-Motion 02lTC 069469-484 Aris K. Silzars (10121109) RX-I07 ' for New Trial, Monolithic Power Systems, Inc. v. 02 Micro , and unenforceability Ltd., Case No. C04-2000 (N.D. Cal. Oct 30, 2007) (Silzars Report Ex. 123) It.n?TT(' nIiQ4IiQ_4R4' RX-I08 WITHDRAWN RX-l09 WITIIDRA WN ' Aris K. Silzars, 1ames Moyer, Admitted RX-lIOC Sohematics of the MPIOlS Ex. 127) MONO-ITC-00247869-898 , Noninfiingement Paul Ueunten 10/30/09) 00247869-898) " , Admitted Schematics of Fault Regulators for the MPIOIS, 06/1212007 (SHzars 13765-769 Noninfringement Aria K. Silzars, 1ames Moyer 10/30/09) RX-lllC Rebuttal' Ex. 128) (MONO-ITC-OOS 13765-769) RX-112C WITHDRAWN RX-113C WITHDRAWN Adliutted Schematics of the MP 1026 CCFL Driver for Handheld Display Applications, MPS-ITC-000187-193 Norunfi"ingement Aria K. Si1zars, 1ames Moyer {I 0/30/09) RX-lI4C dated 09/2412007 (Silzars Rebuttal Ex. Admitted Schematics Open Lamp Test Results for MP 1008, 0812112009 (Silzars MONO-lTC-00731 016 Noninfringement Aris K. Siturs 1(10/30/09) RX-U5 Ex. 135 A) tMONO-lTC-00731016) Admitted Sohematics Open Lamp Test Results for 0812112009 (Silzars I MONO-ITC-00731 0 17 Noninfringement Aris K. Silzars 1(10/30/02) RX-116 Rebuttal Ex. 135 B) Admitted Schematics Open Lamp Test Results for MPIOI0B, 0812112009 (Silzars, MONO-lTC-00731 0 18 Noninfi"lngement Aris K. Silzars 10/30/09) RX-117 Rebuttal Ex. 135 C) tMONO-ITC-0073 10181 Admitted Sohematics Open Lamp Test Results for MPI038, 0812112009 (Si1zars MONO-ITC-00731019 Noninfi"ingement Aris K. Silzars 1'10/30/09) RX-118 Rebuttal Ex. 135 Dl Admitted Schematics Open Lamp Test Results for MP1060, 0812112009 (Silzars MONO-ITC-00731014 Noninfringement Aris K. S ilzars 1'10/30/09) RX-119 Rebuttal Ex. 135 E) cMONO-ITC-0073 10141 RX-120C WITHDRAWN RX-121C WITIIDRAWN RX-122C WITHDRAWN RX-123C WITHDRAWN 6 Inv; No. 337TA-666 Combined Final Direct Exhibit List dad Januarv 6,2010) - Exhibit No. DeserlDtioD Batea RanKe SDonsorlnl!: Witness Status RX-124C WITHDRAWN RX-125 WIlHDRAWN RX-126C WIlHDRAWN RX-127C WITHDRAWN RX-128C WIntDRA WN , , RX-129 WITHDRAWN RX-130C WITHDRAWN Admitted MPS MPI009 Nu-PuIso CCFL Inverter Controller Datasheet, 10/1712008 MPS-ITC 000164-174 . Noninfringement Aria K.. Silzars 1(10/30/09) RX-131C l!MPs-rrc 000164-1741 ' Admitted MPS MPI03? Full Brldge CCFL Controller Datasheet, 11115106 (MONO- Noninfringement . Aris K. SilZars If] 0/3 0/021 RX-132C ITC-00549857-868) , RX-133C WIlHDRAWN RX-134C WITHDRAWN RX-13SC wrrHDRAWN RX-136C WITHDRAWN RX-137C WIlHDRAWN RX-138C WIlHDRAWN RX-139C WITHDRAWN RX-140C WIlHDRAWN RX-141C WITHDRAWN R,X-142C WITHDRAWN RX143C WIlHDRAWN RX-144C WIlHDRAWN RX-145C WIlHDRAWN Admitted MPS MPI027 Dual Lamp Precision CCFL Driver Datasheet, 04/19/05 MONO-rrC-00763248-2S6 Noninftingement Aris K.. Silzars [10130/091 RX-146C' ICMOND-rrc-0070324S-2S6) RX-147C WITHDRAWN RX-148C WITHDRAWN RX-149C WITHDRAWN " . Admitted MPS MPI035 Full System Precision CCFL Driver Datasheet, 05/13/05 MONO-ITC-00703738 746 Noninfringement , Aria K. Silzars , In 0130/09) RX-150C [(MoNo-rrc-00703738-746) Admitted MPS MPI041 30V Full Bridge EEFL Controller Datasheet, 0,3/07106 MONOrrC-Oo 111859-865 Noninfringement Aria K. Silzars IflO/30/091 RX-1S1C '(MONO-ITC-oOll18S9-86S) Admitted . MPS MPI046 Full System Precision CCFL Driver Datasheet, OS/13/07 I MONO-ITC-00556407-415 ' Noninfringement Aris K. Silzara 1/10130/021 RX152C ICMONO-ITC-00SS6407-41S1 Admitted MPS MP 1 052 High. Voltage CCFL Lamp Inverter Driver for LCD TV MPS-ITC 086825S99 Noninfringement . Aris K. sUzars Itt 0130/09) RX-153C AlmlicatioDS 12119/03 CMPS-rrc 08682S-899) RX154C WITHDRAWN RX-155C WITHDRAWN RX-156C WITHDRAWN RX1S7C WIlHDRAWN 6 Exhibit No. RX-158 RX-159 RX-160C RX-161 . RX-162 RX-163 RX-164 RX-165 RX-166 RX-167 RX-168 RX-169 RX-170 RX-J7t RX-l72 RX-I73C RX-174 RX-17S RX-176 RX-177 RX-178 RX-179 RX-180 RX-J8J RX-lB2 RX183 RX-184 RX-18S RX-186C RX-187C RX-188C RX-189C RX-190C RX-191C Inv. No. 337-TA.;a66 Rupondenta' CombIned FInal DIrect ExhIbit List November 3,2009 (Amended January 5, 2010) Description Bates Ranlle Purpose WItHDRAWN WITHDRAWN . Simulation Resulh, 06124199 (Hemiter Ex. D) (Krcms 6) (02ITC 272451- 02ITC 272451-452, 02ITC 272454-455, 02ITC 272457-458, 272452, 02ITC 272454 - 272455, 02ITC272457-272458, 02ITC 419536- 02ITC 419536 - 419537, 02ITC Invalidity 419537, 02ITC 419539 -419540, 02ITC419542 -419543) .419539 - 419540, 02ITC 419542 i419S43 WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN PSpice Schematic Version 9.1 - Any Date I Want, Amplifier Circuit MONO-ITC 00729870 Invalidity (Hemiter Ex. P) (MONO-ITC 00729870) WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN Meeting Minutes - Dell Computer - Salisbury, Orr, i d d i q u ~ and Giroir 02ITC 147843-844' Noninfringcmcnt 090600 (02ITC 147843-844) WITIIDRAWN WITHDRAWN WITHDRAWN : WITHDRAWN WITHDRAWN WITHDRAWN .. WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN , . . WITHDRAWN WITHDRAWN WITHDRAWN - -- 7 SDonloriD2 Witness Status Marc E. Hemiter, Stephen Admitted Krems (10121109) Marc E. Herniter' Admitted 10/30/09) Aris K. Silzars, Yung-Lin Lin, Admitted 02 Micro custodian of records (10121109) L-________ ExblbitNo. RX192C RX-193C RX194C RX195C RX196C
RX1007C RX1008C RXI009 RXIOIO RXIOll RX1012A RX-tOt2B RXIOI3A RXIOI3B RX-IOI4 RX-IOISA RX-IOISB Inv. No. 337TA-6S1 . Respondents' Combined Final Direct ExhlbltLlat November 3, 2009 (Amended Jahuary 6, 2010) Description Pl!!ruIse WITHDRAWN Backlight Inverter Vs Controller Cross Reference , MICROSEMI22997I Noninfringement WITHDRAWN WITHDRAWN WmmRAWN WITHDRAWN WITHDRAWN WITHDRAWN wrnmRAWN WmIDRAWN wmmRAWN WITHDRAWN WITHDRAWN wrnmRAWN WITHDRAWN. WITHDRAWN WITHDRAWN WITHDRAWN WITHDRAWN ; WITHDRAWN : WITHDRAWN WITIIDRAWN WITHDRAWN .. WITHDRAWN Photograph ofIntegrated circuits marked "MPIOll ENG SAMPLE 9830" 12198) (Prev. Exh. 60011RlXSl' . Invalidity Close up of Integrated circuit marked "MPIotl ENG SAMPLE 9830" 1(12/98) (Prev. Exh. 60Ql1RPX-S' see also RX-IOI3A) Invalidity Photograph of Unpopulated MPS inverter module. Marked "MP- ion DEMO BRD," "MPS-otOA.," "HlIG." and "JUL-98" (7/98) (prev. Invalidity IExh. 601) lRPX-6) Photograph of Bottom Layer populated MPS CCFL inverter module. IC is missing. Marked "MP-IOII DEMO BRD." "MPS-OIOA," Invalidity "HlIG." and "1UL-98" ('Zl28)J1IIcy, Exh. 603) lRPX-7) Photograph ot'Populated MPS CCF.L inverter module; IC is labeled "MPIDl.l ENG SAMPLE 9830." ;Marked "MPS009D," "HlIG," and "JUL- Invalidity liB" (7/9B) (Prev. 32 . SpoDsorlne Wltnes. Stahls Admitted Kevin Choi, George Henry 10122109) .. Aris K. Silzars, Paul Ueunten, Admitted James Mover John Shannon 1(101301091 Aris K. Silzars, Paul Ueunten, Admitted James Mover 10hn Shannon 10/30/09) Aris K. Silzars, Paul Ueunten, Admitted James Moyer, John Shannon (10/30/09) Aris K. Silzars, Paul Ueunten, Admitted . James Moyer, John Shannon (10130/09) . Aris Ie. Silzars, Paul Ueunten, Admitted James Moyer, John Shannon (10130109) ExhtbltNo. RX-IOI6 RX-IOI7 RX-tOI8A RX-IOI8a RXIOI9 RX-1020 RX-I021 RX-1022 RX-I023A RX-I023B RX-1024 RX-I02SA RX-I025B RX-1026A RX-I026B RX-I027A Inv. No. 337-TA-868 Respondents' Combined Final ExhIbIt List , November 3, 2009 (Amended Janu.ry 6, 2010) Deserlntion Bates Ran!!e Purno.e Pho,tograph of Bottom Layer of Populated MPS CCFL inverter modiJle. IC is labeled "MP 1011 ENG SAMPLE 9830." Marked "MPS-009D," "HlIG," Invalidity and "JUL-98" (1198) (prev. Bxh. 602) (RPX-8; see aJ.ao RX-IOl6A) Photograph of Populated MPS CCFL jp.verter module. IC is labeled ''MPI011 ENG SAMPLE 9830." Marked "MPS-019H, "HlIG," and ''NOV- Invalidity 98" (11/98) (Prev Exh: 604) tRPX-9) , Photograph of Partially populated MPS CCFL inverter module. Transformer Invaiidity is missing. IC is labeled ''MPIOIO,ENG SAMPLE 9850." Marked "MPS- 016H," "HlIG," and ''NOV-98 ' ; (12198) (prev. Exh. 60S) (RPX-I0) Photograph of Bottom Layer of Partially populated MPS CCFL inverter module. Transformer is missing. ,IC is labeled ''MPIOIO ENG SAMPLB 9850." Marked "MPS-oI 6H, " "HlIG," and ''NOV-98'' (12198) (prev. Exh. Invalidity IIiM) tRPX_IO' ,."" nlon Photograph of Partially populated MPS CCFL inverter module. Marked Invalidity "MPS-oI7B" "RHG" and ''NOV-98'' (11/98) ffiPX-Il) Photograph of Unpopulated MPS CCFL inverter module. Marked "MPS- 016H" "HHG" and "NOV-98" (11/98) lRPX-12) , Invalidity Photograph of AMBIT PCB marked"MPS 112111999" (1199) (RPX-16) Invalidity Photograph of AMBIT PCB marked "MPS 112111999" (1/99) (RPX-l7) Invalidity Photograph of Populated MPS inverter module. IC is labeled "MPIOI0 ENG SAMPLE 9904." Marked "MPS 214/1999" (2199) (prev. Invalidity Exh. 606) lRPX-18l Photograph of Bottom Layer MPS CCFL inverter module. IC is labeled "MPIOIO ENG SAMPLe 9904." Marked "MPS'2/4/1999" (2199) l{Prev. Exh. 606) (RPX.IX, ,0"" nl.on'RX-l02]A) Invalidity Photograph ofMPS Burst Mode Di1)llIling CCFL PCB Marked "MPS-0201," Invalidity "RHG" and "FEB-99" (2/99) . Photograph ofCCFL inverter module, date coded 9907. IC is labeled "MPIOI0 ENG SAMPLE 9904." Ser. No. 106 (handwritten) (2199), used in ICamaaa (Sill! llPY_,\ 1(" Slnrl RY_IO"l1i1 fRPX-20) Invalidity WITHDRAWN Photograph of2 AMBIT-manufactured CCFL inverter modules. 9916 date Invalidity lcade (4199) lRPX-2n " ' , ' WITHDRAWN Photograph of AMBIT-manufactured CCFL inverter module. 9916 date Invalidity code. MPIOI0 date code 9850 (4199) tRPX-22) 33 Snon.orin&: Witness Status Aris L 'Silzars, Paul Ueuntcn, Admitted lames Moyer, John Shannon (10/30/09) Aris K. Silzars. Paul Ueuntcn, Admitted JlmeS Moyer, John Shannon (10/30/09) AdsK S,i1zars, Paul Ueuntcn, Admitted lames Moyer,lohn Shannon (10/30/09) .. Aria K. Silzars, Paul Ueunten, Admitted lames Moycr,lohn Shannon (10130/09) Aris K. Silzars, Paul Ueunten, Admitted 1ames Mover John Shannon 1(J0130/09) Aris K. Silzars, Paul Ueuntcn, Admitted James Mover 10hn.Shannon Ifl0130/09) Aria K. Silzars, Paul Ueunten, Admitted lames Mover 10hn Shannon IfI0130/09) Aris K. Silzars, Paul Ueuntcn, Admitted ,lames Mover 10hn Shannon 1(10130/09) Aris K. Silzars, ,raul Ueuntcn, Admitted James Moyer, John Shannon (10/30/09) Aris K. SiIzars, Paul Ueunten, Admitted lames Moyer,lohn Sbannon (10/30/09) Aris K. Silzars, Paul Ueunten, Admitted James Mover John Shannon 1(10/30/09) Aris K. Silzars, Paul Ueuntcn, Admitted James Moyer"lohn Shannon (10130/09) Aris K. Silzars, Paul Ullunten, Admitted lame.!! Mover. 10hn Shannon 1(10130/09) Aris K. Silzars, Paul Ueunten, Admitted ' .. lames Mover 10hn Shannon 1(10130/09) E:ihlbitNo. RX-I027B RX-IOZ8 RX-I029 RXI030 RX-I031 RX-I032A RX-1032B RXI033 RX-I034 RX-l03S RX-I036A RX-I036B RX-I037A RXI037B RX-I038A RX-I038B RX-I039A RX-I039B RX-I040 RXI041 RX-I042 RX-I043 RXI044 RX-I04SC Inv. No. 337TA-868 Respondents' Combined Final Direct exhibit List November 3, 2009 (Amended January 6, 2010) DeacriDtlon Bates Range Purnose Photograph of Bottom Lay,er of AMBIT-manufactured CCFL inverter module. 9916 date code. MPI0I0 date code 9850 (4199) (RPX-22; see a/so Invalidity IRX-I027A) Photograph of2 CCFL inverter module. 9916 date code. MPIOIO date Invalidity code 9911 (4199) CRPXZ3) Photograph on AMBIT CCFL tnodules. 9916 date code. MPIOlO date
code 9911 (4199) CRPX-24) Photograph of AMBIT CCFL inverter module. 9916 date code. MPIOIO Invalidity date code 9913 (4199) (RPX-ZS) Photograph of AMBIT-manufactured CCFL inverter module, with slide switch. 9918 date code. MPIOlO date code 9913 (5/99) aUoX-20l Invalidity Photograph of3 AMBIT production CCFL inverter modules, with slide Invalidity switch. MPI010 date code 9922 ((;199) CRPX-27) . WITHDRAWN Photograph of AMBIT production CCFL inverter module, with slide switch. Invalidity MPI010 date code 9929 (7/99) lRPX-Z8) WITHDRAWN WI'TIIDRA WN Photograph of Compaq Computer with cutaway access to inverter board 1(2199) CRPX-31) . ; Invalidity WITHDRAWN Photograph of Sumida Inverter Board, labeled 1 (2199) (RPX-3Z) Invalidity WITHDRAWN Photograph of AMBIT Inverter Board, labeled 2 (3/99) (RPX-33) Invalidity WI'TIIDRA WN Photograph of AMBIT Inverter Board, labeled 3 (4199) (RPX34) Invalidity ... WITIlDRAWN Photograph of AMBIT Inverter Bo.ard, labeled 4 (6/99) (RPX-3S) Invalidity Photograph of AMBIT Inverter labeled 5 (4/99) (RPX-36) Invalidity Photograph of AMBIT Inverter Bo:ard, labeled 6 (4199) (RPX-37) Invalidity Photograph ofMPS Inverter Board, labeled 7 (2199) (RPX-38) Invalidity Photograph ofMPSInverter Board, labeled 8 (3/99) (RPX-39) Invalidity wmmRAWN ----------- 34 SDonlorlD!E Witness Statui I Aris K. Paul Ueunten, Admitted . (10/3 0(09) 1 James Moyer, John ShanDon I Aris K. Silzars, Paul Ueunten, Admitted James Mover John Shannon (10130109) Aris K. Silzars, Paul Ueunten, Admitted I James Mover John Shannon '10/30(09) I Aris K. Silzars, Paul Ueunten, . Admitted James Mover John Shannon 10/30/09) Aris K. Silzars, Paul Ueunten, Admitted James Mover 10hn ShlUlnon (10/30/09) Aris K. Silzars, Paul Ueunten, Admitted James Mover John ShlUlnon 10/30109) Aris K. Silzars, Paul Ueunten, AdtUitted James Mover 10/30/09) Aris K. Silzars, PaulUeunten, Admitted James Mover John Shannon 1(10/30/09) Aris K. Silzars, Paul Ueuntcn, Admitted James Mover lohn Shannon 1(0130/09) Aria K. Silzars, Paul Ueuntcn, Admitted James MQver John Shannon flO/30(09) Aris K. Silzars, Paul Ueunten, AdmItted James Movet lohn Shannon '10/30/09) . Aris K. Silzars, Paul Ueunten, Admitted lames Mover lohn Shannon 10/30/09) Aris K. SiIzars, Paul Ueuntcn, Admitted JamcsMover lohn Shannon (10/30/09) Aris K. Silzars, Paul Ueunten, Admitted . James Mover John ShlUlnon 10130/09) Aris K. Silzars, Paul Ueuntcn, Admitted James MoYer lohn ShanDon tI0/30/09) Aris K. Silzars, Paul Ueuntcn, Admitted lames Mover John Shannon 10130/09) Exhibit No. Desc:riodon RX-I046C WITHDRAWN RX-I047C WITHDRAWN RX-t04BC WITHDRAWN RX-t049C WITHDRAWN RX-JOSOC WITHDRAWN RX-IOSt Intentionally Left Blank RX-JOS2C WITHDRAWN RX-IOS3C WITHDRAWN RX-lOS4C WITHDRAWN RX-IOSSC WITHDRAWN RX-IOS6C WITHDRAWN RX-IOS7C WITHDRAWN RX-lOSBC WITHDRAWN RX-IOS9C WITHDRAWN RX-I060C WITHDRAWN RX-J061C . WITHDRAWN RXI062C WITHDRAWN RX-I063C WITHDRAWN RRXIC WITHDRAWN RRX2C wmmRAWN RRX-3C WITHDRAWN RRX-4C WITHDRAWN RRX-SC WI'nIDRAWN RRX-6C WITHDRAWN RRX-7C WITHDRAWN RRX-BC WITHDRAWN RRX9C WITHDRAWN RRXlOC WITHDRAWN RRX-llC WITHDRAWN RRX12C WITlIDRA WN . RRX-13C WITHDRAWN RRX-14C WITHDRAWN IWC-lSC WITHDRAWN RRX16C WITHDRAWN RRXJ7C WITHDRAWN RRXIBC WITHDRAWN RRX-19C WI1HDRAWN RRX-20C WITHDRAWN RRX-21C WITHDRAWN RRX-22C WITHDRAWN RRX-23C WITHDRAWN .. Inv. No. 337TA-6S& Respondents' Combined Final Dlract Exhibit List November 3,2009 (Amended January 5, 2010) Bates RaDl!e Pumose - 35 SponlorburWitness Status Exhibit No. DescriDtlon RRX24C WITHDRAWN RRX2SC WITHDRAWN RRX26C WITHDRAWN RRX27C WITHDRAWN RRX-28C WITHDRAWN RRX-29C WITHDRAWN RRX-30C WITHDRAWN RRX-31C WITHDRAWN RRX-32C WITHDRAWN RRX33C WITHDRAWN RDX-l Drawing with YUH-Un Lin RDX-2 Waveform drawing" with Flasck RDX-3 Waveform drawinll: with periods marked with Flasck RDX-I0 Open Lamp at Start Up - No Regulation RDX-II Open Lamp at Start Up - With Regulation RDX12 " MPI010 CaDacitor Divider OutDut- Open LamD at Start Up RDX-13 MPIOI0 Capacitor Divider Output Open Lamp at Start Up RDX-14 Capacitor Divider Output - Shut Down RDX-IS MP 1 0 1 0 Reference Design - External Components RDX16 MPIOIO Reference DesigJ!- External Components RDX-17 SUDPlyinll: Power to Transformer "first half cycle" RDX-18 Supplying Power to Transformer "second half cycle" RDX-21 Operation of Full Bridsre - Circuit PathWay RDX-22 Operation of Full Bridge - first halfeycle Inv. No. 337TA-666 " Respondents' Combined Final Direct Exhibit List November 3,2009 (Amended Jalluary S, 2010) Bates RaDKe PurDole Invalidity Infringement Infringment Invalidity Invalidity Invalidity Invalidity Invalidity Invalidity Inv.alidity Invalidity Invalidity Invalidity Invalidity Invalidity - ()(l"1Il11tridge _-secC>l1d hllif -_ .. _------- 36 SDonsorinK Witness Statu. Admitted Yunll:-Lin Lin 110/21109) Admitted Richard Flasck 10130/09) Admitted i Richard Flasck 10130/09) I . Admitted 1 James Mover fJ 013 0/09) , Admitted James Mover 110/30/09) Admitted James Moyer 10130/09) Admitted. James Moyer '10130109) Admitted James Moyer 10/30109) Admitted James Moyer 10130/091 Admitted James Moyer I(0130/09) " Admitted James Moyer 1(0130/09) Admitted James Moyer 1(J0130/09) Admitted James Moyer 1(10/30/09) Admitted ]amesMoyer 10/30109) Admitted James Moyer 1(10130/09) Exhibit No. RDX-24 RDX-ZS RDX-26 RDX-27 RDX-28 RDX-29 RDX-30 RDX-31 RDX-32 RDX-33 RDX-34 RDX-IOI RDX-IQ2 RDX.I03 RDX-I04 RDX-IOS RDX-I06 RDX-I07 RDX-I08 RDX-I09 Inv. No. 337-TA-668 Resp,;mdenta' Combined Final Dll'8ct exhibit List Novsmber 3,2001 (Amended January 6,.2010) Deaeriotlon BatuRaBle PUl'Dole Lamp Current Feedback - External Circuitry Invalidity Lamp Current Feedback - Internal CIrcuitry Invalidity O"en Lam" Timer Circuit External Circuitry Invalidity Open Lamp Shut Down - Internal circuitry Invalidity O"en Lamp Timer Circuit - Three Voltage Signals
Oocn Lamp Timer Circuit - Three Voltage Signals Invalidity MPIOIO Voltage Signals - Open Lamp at Start Up Invalidity , ' Decay ofVoltaRC SilUlal"VC" - ODen Lamp at Start Up Invalidity Decay of Voltage Signal "VC" - OOCD LamD at Start Up Invalidity MP 1 010 Open Lamp Timer Summary Invalidity Glossary - Schematic Symbols Invalidity Demonstrative exhibit of Integrated citcuits marked "MPIOII ENG Invalidity SAMPLE 9830." Demonstrative exhibit of MPS Purchase Order for MPIOll Probes from SV Invalidity Probe Demonstrative exhibit of SV Probe Invoice for MPIOII Probe Card Devices Invalidity ".'. Demonstrative exhibit of 0612911 998 Letter from Paul Ueunten re: Ren!, Invalidity Bello Demonstrative exhibit of 06130/1998 Norsk Engineering Invoice Invalidity Demonstrative exhibit of ffiPS Quote ,for MP 10 II Assembly Invalidity Demonstrative exhibit of CEI Proposal for Work on MPIOll Invalidity Demonstrative exhibit of 07107/1998 Letter from Paul Ueunten to Gustavo Invalidity OrteJ[a Demonstrative exhibit oflCE Quote for MPIOll Burn-In Board Invalidity 37 Snon.orlnl Witnell StatuI Admitted james Moyer In 0/3 01021 Admitted JamcsMover I(0/30109) Admitted James Moyer I(0/30/09) Admitted lamcsMoyer I(0/30/09) Admitted lames Moyer I (l 0/3 0/09) Admitted lamcsMover I(0130/09) Admitted ]amesMoyer I(0130/09) Admitted lamcsMoyer ' l(iOI30109) Admitted lames Moyer 1(0130109)' Admitted, IamcsMoyer 100130/09l Admitted JamcsMoyer In 0/30/09) Admitted Paul Ueunten In 0130/091 Admitted Paul Ueunten In 0130/09) Adni.ltted Paul Ueunten 1(10/30/09) Admitted Paul Ueunten, (10130/09) I Admitted , Paul Ueunten 10/30109) Admitted Paul Ueunten 10130/09) Admitted Paul Ueunten (10/30/09) Admitted Paul Ueunten 10/30/09) Admitted Paul Ueunten 10130/021 Exhibit No. RDX-IIO RDX-lIl RDX-Il2 RDX-U3 RDX-1l4 RDX-IU RDX-116 RDX-117 RDX-118 RDX-119 RDX-120 RDX-121 RDX-122 RDX-123 Inv. No. 337-TA-866 Respondents' Combined Final Dlract Exhibit List November 3, 2009 (Amended January 6, 2010) Descriotion Bates RanEe Pun,-on Demonstrative exhibit ofMPS Purchase Order for Burn-In Board Invalidity Demonstrative exhibit ofMPS Order for Henry Gonzales Invalidity CODSlIlti1U!: Demonstrative exhibit ofMPlOll Reference ,Design Schematic Invalidity Demonstrative exhibit of Unpopulated MPS CCFL inverter module. Marked "MP-IOll DEMO BRD," "MPS-OIOA," "HHG.". and "JUL . Invalidity 98." Demonstrative exhibit of Photograph of Partially populated MPS CCFL inverter module. IC is missing. Marked "MP-IO 11 DEMO BRD," '!MPS- 1010A" Invalidity Demonstrative exhibit of Photograph of Populated MPS CCFL inverter module. IC is labeled "MPIOl! ENO SAMPLE 9830." Marked "MPS- Invalidity 1009D." "HHG." and "JUL-98" Demonstrative exhibit of 10121/98 Orbit Semiconductor. Inc. order Invalidity acknowledll:ement Demonstrative exhibit of 1110511998 Orbit Semiconductor. Inc. order acknowledll:ement (corrected) . . Invalidity Demonstrative exhibit of Partially populated MPS CCFL inverter module. Transformer is missing. IC is labeled "MPIOI0 ENG SAMPLE9850." Invalidity IMarked "MPS-016H." "HHG." Dnd ''NOY-98'' Demonstrative exhibit ofMPlOll Reference Circuit Invalidity Demonstrative exhibit of Schematics Open Lamp Test Results for MP I 038, 08nt12009 Invalidity Demonstrative exhibit of MPI0l1 Demo Boards Invalidity Demonstrative exhibit of Photograph of Populated MPS CCFL inverter module. IC is labeled "MPIOlI ENG SAMPLE 9830." Marked "MPS- Invalidity 019H. "HHG." and ''NOY-98" Demonstrative exhibit of Demonstrative exhibit of Partially populated MPS CCFL inverter module. Transformer is missing. IC is labeled "MPIOIO . ENG SAMPLE 9850." Marked "MPS-016H," "HHO," and "NOV-98" Invalidity RDX-124 Demonstrative exhibit of Partially populated MPS CCFL inverter module. Invalidity Marked "MPS-OI7B" "HHG" and "NOV-98" RDX-125 Demonstrative exhibit of Unpopulated MPS CCFL illverter module. Marked Invalidity "MPS-016H. n "HHG" and ''NOV-98'' RDX-126C, Demonstrative exhibit of 01/07/1999 Paul Ueunten Notes on Distribution of Inv&lldity MPIOIO Modules 38 . SoonsorinE Witness StatUI Admitted Paul Ueunten I (] 0/30/09) Admitted Paul Ueunten 1(10/30109) Admitted Paul Ueunten 1(10130/09) Admitted Paul Ueunten (10130/09) Admitted Paul Ueunten (10/30/09) Admitted Paul Ueunten (10/30/09) Admitted Paul Ueunten 1(10130/09) Admitted . Paul Ueunten 1(0/30/09) Admitted Paul Ueunten (10130/09) Admitted Paul Ueunten If 1 0/30/09) , . Admitted I Paul Ueunten Itl0130/09) i Admitted ! Paul Ueunten ItlO130/09) Admitted I I Paul Ueunten (10/30/09) Admitted (10130/09) Paul Ueunten Admitted Paul Ueunten 10/30/09) Admitted Paul Ueunten 10/30/09) . Admitted Paul Ueunten III 0130/09) ExhlbltNo. RDX-127C RDX-128 RDX-129C RDX-130C RDX-13IC RDX-I32C RDX-133C RDX-134 RDX-13S RDX-136. RDX-137 RDX-138 RDX-139
RDX-141C RDX-142C RDX-143C RDX-144C RDX-14S RDX-201 inv. No. Respondents' Combined Final Direct exhibit List November 3, 2009 (Amended January 6, 2010) Description Bates Ranl!e PuroOIe Demonstrative exhibit of 01108/1999 MPIOIO Test Data Measurements Invalidity Demonstrative exhibit of 0110911999 FedEx Invoice of Shipment to Ambit Invalidity fromMPS Demonstrative exhibit of 01119/1999 Paul Ue.unten Notes Regarding Sumida Invalidity Taiwan Meetinll: Demonstrative exhibit Paul Notes Regarding Arima Comouter Invalidity Demonstrative exhibit of 0 112211999 Paul Ueunten Notes Regarding Compal Invalidity
Demonstrative exhibit of 02101/1999 Taiwan Notebook Manufacturers Invalidity Visitinll: Reoort and To Do List Demonstrative exhibit of 0 111911 999 MPIOI0.Schematic to Sumida Invalidity Photographs of inverter boards Invalidity Photographs of inverter boards Invalidity of inverter boards from February 1999 and 1999 Invalidity Photograph of close up viewofMPI010 ENG SAMPLE 9904 and Invalidity ComDuter with cutaway access to inverter board Demonstrative exhibit ofMP 101 o Preliminary Datasheet V.2 Invalidity Demonstrative exhibit ofMPS Note AN-Ol, V.10 Invalidity Demonstrative exhibit of 02l2Sf1999 Michael Hsing Correspondence with . Invalidity Peter Liu of Ambit Demonstrative exhibit of 02125/1999 Paul Ueunten with Invalidity Peter Liu of Ambit .. Demonstrative exhibit of 03/1111999 Paul Ueunten Notes on Mitac Visit Invalidity Demonstrative exhibit of 04121/1999 Purchase Order for MPSI0I0 Wafer Invalidity SUD_ertex Demonstrativu exhibit ofOS/20/1999 MPS, Inc. Invoice to TOKO America, Invalidity Inc dated May 20 1999 MPS Timeline Invalidity 02 Micro's Claim Construotion Noninfringeinent; Invalidity : _.- -- ----- 39 SponlorlDII: Witnell Status Admitted Paul Ueunten 10130102l Admitted Paul Ueuuten fl 0/3 0/09) Admitted Paul Ueunten 1(10/30/09) Admitted Paul Ueunten '(10130/09) Admitted Paul Ueunten (10/30/09) Admitted. Paul UeUl\ten (10/30/09) Admitted Paul Ueunten (10/30/09) Admitted Paul Ueunten (10/30/09) Admitted Paul Ueunten '10/30/09) Admitted Paul Ueunten (10130/09) Admitted Paul Ueunten . (10/30/09) Admitted Paul Uelilltim '10/30/021 Admitted Paul Ueunten '10/30/091 Admitted Paul Ueunten (10/30/09) Admitted Paul UeunteD 1(10130/09) Admitted. Paul Ueunten In0130/091 Admitted Pllul Uuunten 1(0130/09) Admitted Paul Ueunten In 0130/09) Admitted Paul Ueunten 100[30109) Admitted ArisK. i(10130/09} Inv. No. 337TA-668 Respondents' Combined Final Direct Exhibit LIst dad Januarv 6.2010) - Exhibit No. Description Bates Ranle Pumose SOODIOriDI Wltnes. Status Admitted RDX-202 Simplified Inverter Schematic Noninfiingement; Invalidity Arls K.. Silzars 10/301021 Noninftingement; Invalidity A.dmitted RDX-203 Current Regulation Aris K. Silzars 10/30109) Admitted Current Regulation Noninfringement; Invalidity Aris K. Silzars 10130/091 Admitted RDX-20S Current Regulation . Noninfringement; Invalidity Aris K. Silzars 10130/021 Noninfringement; Invalidity Admitted RDX-206 Current Regulation Aris K.. Silzars I (l 013 0/09) Admitted RDX-207 Current Regulation Invalidity Aris K.. Silzars 100/30/021 . Admitted RDX-208 Current Regulation Noninfringement; Invalidity Aris K.. Silzars 10/30109) Admitted RDX-209 Current Regulation Noninfringement; Invalidity Aris K.. Silzars 1(10130/09) Noninftinpent; Invalidity Admitted RDX-21 0 Voltage Regulation Aris K. Silzlirs I (10/30/09) Admitted RDX-211 Voltage Regulation Noninfringement; Invalidity Aris K. Silzars 101301091 Admitted RDX-212 Voltage Regulation Noninftingement; Invalidity Aris K.. Silzars 10130/021 Admitted RDX-213 Voltage Regulation .. 1 Noninfringement; Invalidity Arls K. Silzars 111 0130/09) : Admitted RDX-214 Voltage Regulation Noninfringement; Invalidity Aris K. Silzars 10130/09) Admitted RDX-21S Voltage Regulation Noninfringement; Invalidity ArisK. Silzars 1(10130/09) Admitted RDX-216 Voltage Regulation Noninfringement; Invalidity Aris K.. Silzars 1(10130/091 Admitted RDX-217 . Voltage Regulation Noninfringement; Invalidity Aris K.. Silzars 1(10130/091 Noninfringement; Invalidity Admitted RDX-218. Regulation Aris K.. Silzars 1(101301091 Admitted RDX-219 Voltage Regulation Noninfringement; Invalidity Aris K.. Silzars 1110/30/091 Admitted RDX-220 Voltage Regulation' Noninfi'ingement; Invalidity Aris K. Silzars 1110/30/091 Admitted RDX-221 Voltage Regulation Invalldity Aris K. Silzars In 0/30/09) .. 40 Inv. No. 337-TA-688 Combined Final Direct Exhibit LIst (Amended January 6,2010) Exhibit No. Description BatelRanKe Purpose SpoDlorin.Jl Witness Status Admitted RDX222 VoilaII' Regulation Invalidity Aris K. Silzars '1 0/3 0/09} Admitted RDX223 Voltage Regulation Invalidity Aris K. Silzars 1(10/30/09) Admitted RDX224 Voltage Regulation Noninfringement; Invalidity Aris K. SHzars' 1(10130/091 Admitted RDX22S Voltage Regulation Noninfringement; Invalidity Aris K. Silzan 10130/09) Admitted RDX226 Tested MPSIC/MPSIC Families Noninfringement Aris K. Silzan 1'10130/021. , Admitted RDX227 Test Results 1060 Squegging Noninfringement . Aris K. Silzars 1(0/30/09) . Admitted RDX228 Test Results 10091 Squegging Noninfringement Aris K. S Hzars 10/30/091 Admitted. RDX.229 Test Results 1038 Squegging Noninfringement . Aris K. Silzan In 0/30/021. Admitted RDX23 0 Test Results 10lOB - Squegging Noninfrinpment Aris K. Silzars 1(10/30/09) Admitted RDX-231 Test Results MP1008 Squegging Noninfringement Aris K. Silzars 10/30/09) Occasionally Exceeds:F "Exceeds ... fo.r Said Predetermined Duration" Admitted RDX232 Noninfiinpment Aris K. Silzars 100130/021. Admitted RDX233 382 Patent: "Signal"; 02 Micro: "Waveform" Noninfringement . Aris K. Silzars 1'10130/09) Admitted RDX234 02 Micro's Claim Construction Nonintiingement Aris K. Silzars 10130/09) Admitted RDX237 The MPSiASUS Claim Construction Noninfrinpment Aris K. Silzars "10130/021. Accused MPS Inverter ICs that do not test whether the accused first voltage Admitted RDX-238 Noninfrlngement Aris K. SlIzars 1/10/30/09) m&nal exceeds(i.e. above) the threshold Admitted RDX240C The Accused MPS ICs May Be with a Resistor Divider in Place oftbe Noninfrinpment 'Aris K. SiIzars 10130/021. Claimed Capacitor Divider Admitted RDX241 Accused "Bimodal" Circuits Noninfringement Aris K. Si1zars (10130/09) Admitted RDX.243C Technical Prong of Domestic Industry Domestic Industry Aris K .. Silzan 1'1013 0/09) Admitted RDX-244 382 patent olaims Invalidity . Aris K. Silzars 1(10130/09) Admitted RDX24S 382 patent claims Invalidity Aris K. Si1zars 1(10130109) 41 Inv. No. 337TA-66G Re.pondents' Combined Final Direct exhibit 1.18t . '5.2010) - Exhibit No. Deserlotlon Bates Ranll'e Pumose SDonlorintr Witnels Status Admitted RDX-246 382 patent claims Invalidity Aris K. Silzars (10/30109) Admitted RDX-247 Claim Elements - Claims 1 and 8 Invalidity , Aris K. Silzars 1'10/30109) Admitted RDX-248 Claim Elements - Claims 2 and 9 Invalidity Aris K. Silzars 10/30109) Admitted' RDX-249 Claim Elements - Claims 7 and 14 Invalidity Aris K. Silzars 10/30109)' . Admitted RDX-2S0 Anticipation by the Prior Art MP 1 1.0/1 0 11 Circuits Invalidity Aris K. Silzars 1(10/30/09) : Admitted RDX2S1 Oct. 2, 1998 MP 101011011 Reference Circuit (RX-47) Invalidity Aris K. Silzars 10/30/09) , . Admitted RDX-2S2 Anticipation by the Prior Art MP 10 10/MP 1011 Inverter Claims Invalidity Aris K. Silzars 10/30/09) Admitted RDX2S3 The Prior Art MPIOIO Inverter Circuits Are "DC to AC [CCFL] Inverter Invalidity Aris K. Silzars 10/30/09) Circuitfs)" ' Admitted RDX-2S4 The Prior Art MPI0I0 Inverter Circuits Were Used in "A[n LCD] Unit" Invalidity Aris K. Silzars (10/30/09) Comurisina Ar n LCDl Panel" and AfCCFL 1" Admitted RDX-2SS The Prior Art MPIOI0 Inverter Circuits Were Used in "A[n LCD] Unit" Invalidity Aris K. Silzars 10130/09) Comnrisintr "AfnLCDl Panel" and "ArCCFL1" AdmittCci RDX-2S6 The Prior Art MP 1010 Inverter Circuits Include the Claimed "Step-Up Invalidity Aris K. Silzars 10/30/09) Transformer" Admitted RDX-2S7 The Prior Art MPIOIO Inverter Circuits Include the Claimed "First Switch" Invalidity Aris K. Silzars '10130/09) and "Second Switch" Admitted RDX-2S8 The Prior Art MP 1 0 I 0 Inverter Cirpuits Include .the Claimed "First Switch" Invalidity Aris K. Silzar. 10130109) and "Second Switch" ' . Admitted RDX-2S9 The Prio,r Art MPIOIO Inverter Include the "Capacitor Invalidity Aris K. Silzars ICI0130/09) Divider", . Admitted RDX260 The Prior Art MPIOIO Inverter Circuits Include the Claimed "First Feedback Invalidity Aris K. Sllzars 1(10130/09) Silmal Line" Admitted RDX26 I The Prior Art MP 10 10 Inverter Circuits Include the Claimed "Timer Circuit" Invalidity Aris K. Silzars 1(10130/09) Admitted RDX262 The Duration of the Time Out is Determined by the Component Invalidity Aris K. Silzars 1(0/30/09) Values . Admitted RDX263 Prior Art MP 1010 Inverter Circuits Include the Claimed "Protection Invalidity Aris K. S ilzars 1(0/30109) CircUit" , . Admitted The Prior Art MPIOIO Inverter Circuits Include the Claimed "Protection Invalidity Aris K. SHzars 1(10/30/09) Circuit" Admitted RDX26S The Prior Art MP 10 10 Inverter Include the Claimed "Protection Invalidity Aris K. Silzars 1(10/30/09) Circuit" 42 Inv. No, 337TA-666 Respondents' Comblned.Flnal Dllrect exhibit List dad Januarv 6,2010) - Exhibit No. DeseriotloD Bates RaDlfe . Pur .... se Soon.orin., Witness Status Admitted RDX266 Anticipation' Claims. I and 8 , Invalidity Aris K. Silzars 1(10/30/021 Admitted RDX-267 Claims 2 and 9 Are Anticipated by.the Prior Art MPtOtO Inverter Circu!ts . , Invalidity Aris K. Silzars 1(10130/09) . I Admitted RDX268 The Prior Art MP I 0 I 0 Inverter Circuits Include the Claimed "Sense Invalidity Aris K. Silzars 1(10/30/09) Resistor" Admitted RDX-269 The Prior Art MPIOIO Inverter Circuits Include the Claimed "Second Invalidity Aris K. Silzars ifJ0130/09) Fcedback'Sil!:nal Line" Admitted RDX270 The Prior Art MPtOlO Inverter Circuits Include the Claimed "Feedback Invalidity Aris K. Silzars Ifl0/30/09) Control Circuit" '. Admitted RDX-271 The Prior Art MPIOtO Inverter Circuits Include the Claimed "Feedback Invalidity Ads K. Silzars 10130/09) Control Circuit" - Admitted RDX272 The Prior Art MP 10 10 Inverter Circuits Include the Claimed "Fee.dback Invalidity Aris K. Si1zars 10/30/09) Control Circuit" Admitted RDX273 Anticipation Claims 4'and 11 Invalidity Ads K. Sllzars 10/30/(9) The Prior Art MPI010 Inverter i r ~ i t s Include the Claimed "Third Switch" Admitted RDX-274 Invalidity Aris K. Sllzars 1(10/30/09) and "Fourth Switch" Admitted RDX27S The Prior Art MPI010 Inverter Circuits Include the Claimed "Sense Resistor," "Second Flledback i ~ ~ Line" and "Flllldback Control Circuit" Invalidity (10/30/09) Atis K. SHzars Admitted RDX-276 Anticipation - Claims 7 and 14 Invalidity Aris K. Silzars 1(10/30/09) Admitted RDX277 Obviousness Based on Kilwabala el al. (RX-78) Invalidity Aris K. Silzars 1(10130/09) Admitted RDX-278 Obviousness Claims I and 8 Invalidity Aris K. Silzars 10/30109) Admitted RDX279 Obviousness Claims 1 and 8 Invalidity Aris K. Silzars I(0130109) Admittlld RDX-280 Obviousness Claims 1 and 8 Invalidity Aria K. Silzars 1(10130/09) Admitted RDX28 I Obviousness Claims 1 and 8 : Invalidity Aris K. Silzars 10/301091 Admitted RDX-282 Obviousness - Claims I and 8 .. Invalidity Aris K. Silzars If I 0/30/09) Admitted RDX283 ObvlousDllss Claims 1 and 8 invalidity Aris K. Silzars 10/30/09) Admitted RDX284 Obviousness <:;Iaims I and 8 Invalidity Aris K. Silzars III 0130/09) Admitted RDX28S Obviousness Claims 1 and 8 Invalidity Aris K. Silzars 1(0130/09) .. 43 Inv. No. 337TA-668 Respondents' Combined Final Dll1ect Exhibit List (Amended January 5, 2010) Exhibit No. Descrintion BatelKanRe Puroole Snonlorlrul Witness Status Admitted RDX-286 Obviousness - Claims 1 and 8 Invalidity Aris K. Silzars 1(0/30/09) Admitted RDX-287 'The Mech Patent (RX-87), ,Filed 7, 1997, Specifically Teaches the Invalidity Ads K. Silzars ' 1(10/30109) IEQuivalence of Resistor and Canacitor Dividers Admitted RDX-288 Obviousness - Claims 1 and 8 Invalidity Aris K. Silzars 'tl0/3010n Admitted RDX-289 Obviousness - Claims I and 8 . I . Invalidity Ads K. Silzars 101i0/09) Admitted RDX-290 Obviousness - Claims I and 8 Invalidity Aris K. Silzars 1(10/30/091 Admitted RDX-291 Obviousness - Claims I and 8 Invalidity Aris 1(. Silzars 1(10130109) Admitted RDX-292 Obviousness - Claims 1 and 8 Invalidity Aris K. Silzars 10/30/09l Admitted RDX-293 Obviousness - Claims 2 and 9 Invalidity Aris K. Silzars In 0/30/09) Admitted RDX-294 Obviousness Claims 7 and 14 Invalidity Aris K. Silzars 1'10/3(/09) Admitted RDX29S Obviousness 4, 7, II, and 14
Aris K. Silzars (l0/30/0n. Admitted RDX-296 Obviousness Invalidity Aris K. SUzars 1'10130/0!ll, Admitted RDX-297 Obviousness Claims 4; 7, 11, and 14 Invalidity Aris K. Silzars 1(10130/09) Admitted RDX-298 Obviousness Claims 4 and II Invalidity Aris K. Silzars 10130/0n Admitted RDX299 Obviousness - Claims 7 and 14 Invalidity Aris K. Silzars (10130/09) Admitted RDX300 Obviousness Claims 4 and II Invalidity Aris K: Silzars 1'10130/0!ll, Admitted RDX303 Obviousness Claims 4 and 11 Invalidity Aris K. Silzars . 1(10/30/09) Admitted RDX304 Obviousness - Claims 7 and 14, Invalidity Aris K. Silzars Inol3o/o'll. Admitted RDX30S Obviousness Invalidity. Aris K. Silzars 1(0/30/09) . Admitted RDX306 Obviousness Claims 1 and 8 Invalidity Aris K. Silzars InO/30/0n Admitted RDX-307 Obviousness Claims 1 and 8 Invalidity Aris K. Silzars l(]ol3o/on 44 Inv. No. 337-TA-666 Respondents' Combined Final Direct exhibit List dad January 5,2010) - ExbibltNo. Descrintion Batea RaDI!:C ParnOID Snonsorlnlr Witness Status Admitted RDX-308 Obviousness - Claims 1 and 8 Invalidity Aria K. Silzars 10130/09) RDX-309 Obviousness - Claims 1 and 8 Invalidity Aris K. Silzars 1/10/30/09) Admitted RDX-310 Obviousness - Claims 1 and 8 blvalidity Aris K. Silzars 10/30/09) The Mech Patent (RX-87). Filed May 7. 1997. Specifically Ihe Admitted RDX311 . Invalidity Aris K. Silzars 10/30/091 EQuivalence of Resislor and CaDacilor Dividers Adniitted RDX313 Obviousness - Claims 1 and 8 , . Invalidity Aris K. SiJz8rs 1(10/30/09) Admitted Obviousness Claims 1 and 8 I . . Invalidity 10/30/09) RDX-314 '. Aris K. Sllzars Admitted RDX31S Obviousness Claims 1 and 8 Invalidity Ans K; Silzars '10/30/091 Admitted RDX316 Obviousness Claims 1 and 8 Invalidity Aria K. Silzars 1 II 0/30/02l Admitted RDX-317 Obviousness Claims 2 and 9 Invalidity Aril K. Silzars I(0130/09) Admitted iIDX318 Obviousness Claims 4, 7, 11, and,14 Invalidity Aris K. Silzarl 1(10/30/09) Admitted RDX319 Obviousness' Claims 4,7, II, and 14 Invalidity Aris K. Silzars 10130/091 Admitted RDX320 Obviousness Claims 4 and 11 Invalidity Arls K. Silzars 1(10130109) Admitted RDX.32 1 Obviousness Claims 4 and 11 Invalidity Aris K. Silzars 1(10130/091 Admitted RDX-322 - Claims 4 and 11 Invalidity Aris K. Silzars 1(10130/09) Admitted RDX323 Obviousness Claims 7 and 14 Invalidity Aris K. Silzars 1(10130/09) - Admitted RDX-324 Obviousness - Claims 7 and 14 Invalidity Aris K. Silzars 1(1 Admitted' RDX-32S Obviousness - Claims 7 and 14 Invalidity Aris K. Silzars 1(10/30/09) Admitted RDX-326 Obviousness - Claims 7 and 14 Invalidity Aris K. Silzars . I/IOI30i09) RDX-327 In Order to Make and Use the Claimed Circuits, One of Ordinary Skill Must Admitted fat Least Have the Skill to Substitute One "Known" Timer Circuit for Another Invalidity (10130/09) Aris K. Silzars Admitted RDX-328 "Known" Timer Circuits Invalidity Aris K. Silzars In 0/30/091 45 Exhibit No. RDX-337 RDX-400C RDX-403C RDX-404C RDX-40SC RDX-406C RDX-407C RDX-40BC RDX-409C RDX-410C RDX-412C RDX416C RDX-417C' RDX-418C RDX-419C RDX-420C RDX-42lC RDX-422C RDX-423C RDX-424C ----- Inv. No. 337-TA-666 Reapondents' Combined Final Dlr:act Exhibit Llat November 3,2009 (Amended January 6,2010) Descrlntlon DatelRaol!e PurDole Conduct Before USPTO - Oct. 2, 1995, MPIOll Reference Circuit (IX- 169) .: " . Inequitable Conduct; --' Invalidity Schematics -1x169U'evB, LX169l revision 8 (Ml,V1A, M2) subcnip, cen Noninfi:ingement LXI691 revS. Undated 1112412003 Schematics -lxI691_rev6, overvoltage, overcurrent, Isns detect, Cell Noninftingement twrect rev4 Undated 0612312003 . Schematics -lx169Crev6, overvoltage, overcurrent, isns detect, Cell- Noninfi:ingernent fwrect rev4 Updated 06123/2003 Schematics -lx1691_rev6, overvoltage, overcurrent, isns detect, Cen- Noninftingement fwrect rev4 Undated 06123/2003 Schematics -lxI691_rev6, lamp overvoltage, overcurrent Cell- NoninfringeJllent shutoff rev3 Undated 01l1S12003 Schematics -lxI691_rev6, lamp overvoltage, overcurrent shutoit CeO- Noninfringement shutoff rev3 Updated 0111812003 Schematics -1x1691_rev6,lamp overvoltage, overcurrent Cen -' , Noninftingement shutoff rev3 Updated 0111812003 Schematics - Ix1691_rev6,lamp overvoltage, overcurrent C/:ll- Noninfringement . shutoff rev3 UDdated 01l1S12003 Schematics -lx1691_rev6, lamp overvoltage, overcurrent Cell- Noninfringement shutoff rev3 Uodated 0111812003 Schematics - cchiou, lxI692_wr_vlrS subchip, Cell- subchip..x8, Updated Noninfringement 07/0912007 Schematics - cchlou, IxI692_wr_vlrS subchip, Cell- subchip_xS, Updated 0710912007 . Schematics -lxI692_wr_v1rB, subchip_xB, Lamp ignition/timeout & short Noninfringement DETection Cell- Idet Bx Undated 07l1S12005 Schematics -lx1692_wr_vlrB, subchip_xS, Lamp ignitionltimeout & short Noninfringement DETection Cell- ldet 8x. Undated 0711512005 Schematics -lx1692_wr_vlrB, subchip_xS, Lamp ignition/timeout & short Noninfringement DETection Cell-Idet Bx UDdated 07115/200S Schematics -lx1692a, Lamp ignition/timeout & shor DETect, cen- idot, Noninfringement Last Chanl!ed 05/01/2007 Schematics -lx1692a, Lamp &; shor DETect, CeU idet, Noninftingement Last Chaqed 05/0112007 Schematics -1x1692a, Lamp ignition/timeout & shor DETect, Cell- idot, Noninfringement Last Chan..Red 05/0112007 Schematics -lx1692a, Liunp ignition/timeout & shor DETect, Cell- idet, Noninfringement Last Chanl!ed 05/0112007 Schematics - lx1692a, Lamp ignition/timeout'" shor DETect, Cell- idet, Noninfringement LIst Cban2ed 05/01/2007 --- ------_.- 48 Spon.orinl!: Witness Status Admitted Aris K SiIzars (10/30/021 KevinChoi Admitted 10130/09) KevinChoi Admitted 10/30/09) KevinChoi Admitted 10130/09) KevinChoi Admitted 1(10130/09) KevinChoi Admitted 1(0/30/09) KevinChoi Admitted 1(10/30/09) KevinCho,i- Admitted 1(10/30/09) KevinChoi Admitted 1(0/30/09) KevinChoi Admitted 1(10130/09) KevinChoi Admitted 1(10130/09) KevinChoi Admitted (10130/021 KevinCho.1 Admitted (10/30/09) KevinChoi Admitted 10130/09) KevinChoi Admitted 10130/09) . KevinChoi Admitted (10130/09) KevinChoi Admitted 1(10130/09) KevinChoi Admitted lei 0130/0!ll KevinChol Admitted 1(10130/09) KevinChoi Admitted 1(10130/09) Exhibit No. DescrlDtlon RDX-426 Eft'ect ofDigital Dimming RDX-427 Effect of Digital Dimming RDX-428 Effect of Digital Dimming RDX-429 Effect ofDigital Dimming RDX-430 Effect ofDigital Dimming RDX-431 The LX1692 Does Not Use A Timer RDX-432 LX1692 Product Data Sheet Excerpt RDX-434 Voltage Dividers RDX43S The Transformer RDX-436 The Transformer: Magnetic Coupling RDX-440 4 Session Event Counter RDX-441 4 Session Event Counte, (short 2 session) RDX-442 4 Session Event Counter (short 2 session) RDX-443 4 Session Event Counter (short 2 session) RDX-444 4 Session Event Counter (short 2 session) RDX-445 4 Session Event Counter (full 2 session) RDX-446 4 Session Event Counter (full 2 session) RDX-447 4 Session Event Counter (full 2 session) RDX-448 4 Session Event Counter (fulJ 2 RDX-449 4 Session Event Counter (3 session) Inv. No. 337-TA-661 . Respondents' Combined Final Direct Exhibit List November 3,2009 (Amended January 5, 2010) Bates Ranlle Purpose
Noninfringement Noninfringement Noninfringement Noninftingement Noninftingement Noninftingement Noilinfringement Noninfiingement . Noninfringement Noninfiingement Noninftingement Noninttingement Noninftingement Noninftingement Noninfringement Noninfringement Noninfringement Noninftingement Noninftingement ---- --- 47 .. Sponsorinl Witness Status Dr. Patrick Chapman Admitted 100/301021 Dr. Patrick Chapman Admitted '10/30/09) Dr. Patrick Chapman Admitted 10/30109) Or. Chapman Admitted (10130/09) Dr. Patrick Chapman .. Admitted '10/30/09) Dr. Patrick Chapman Admitted 10130109) Dr. Patrick Chapman Admitted 1(10/30/09) Dr. Patrick Chapman Admitted 1(10/30/09) Patrick Chapman Admitted In 0130109) Dr. Patrick Chapman Admitted 1(10/30/09) Dr. Patrick Chapman Admitted 1(10130/09) Dr. Patril!k Chapman Admitted 1(10/30/09) Dr. Patrick Chapman Admitted 1(10130/09) Dr. Patrick Chapman Admitted 100130/091 Dr. Patrick Chapman Admitted 1(10130/09) Dr. Patrick Chapman Admilted 1(0130/09) Dr. Patrick Chapman Admitted 1(10130109.1 Dr. Patrick Chapman Admitted 1(10130/09) Dr. Patrick Chapman Admitted l(l(i130109) Dr. Patrick Chapman Admitted !II0/30109) Exhibit No. Descrlution RDX-4S0 4 Session Event Counter (3 session) RDX(SI 4 Session Event Counter (3 session) RDX4S2 4 Session Event Counter (3 session) RDX-4S3 4 Session Event Counter (3 session) RDX-4S4 4 Session Event Counter (3 session) RDX-4SS 4 Session Event Counter (3 session) RDX4S6 4 Session Event Counter (4 session) RDX-4S7 4 Session Event Counter (4 session) RDX-4S8 4 Session Event Counter (4 session) RDX4S9 4 Session Event COImter (4 session) RDX-460 4 Session Event Counter (4 session) RDX-461 4 Session Event Counter (4 session) . RDX-462 4 Session Event Counter (4 session) RDX463 4 Session Event Counter (4 session) RDX-464 4 Session Event Counter (4 session) RDX46S 4 Session Event Counter (4 session) RDX466 4 Session Event Counter (4 session) RDX-467 4 Event Counter (4 session) RDX-468 4 Session Event Counter (4 session) RDX-469 4 Session Event Counter (4 session) - -- Inv. Respondents' Combined Final plrect exhibit List November 3,2009 (Amended Jaj1uary 6,2010) Bates Ran!!c PUroOIC NoninfHngement Noninfringemcnt Noninfringement Noninfringement Noninfringemcnt Noninftingement Noninfringement Noninfringement . Noninfringement Noninfringeme.nt Noninfringement I . . Noninfringement Noninfringement Noninfi"ingemcnt Noninfringemcnt Noninfrlngement Noninfringement Noninfringement Noninfringement Noninfringement 48 Snonlorln2 Wltnes. StatUI Dr. Patrick: Chapman Admitted 10/30109) Dr. Patrick: Chapman Admitted I(0130/09) Dr. Patrick: Chapman Admitted 1(0/30109) Dr. Patrick Chapman Admitted 1(0/30109) Dr. Patrick Chapman . Admitted 1(10/30/09) Dr. Patrick Chapman Admitted I r'10/3 0109) Dr. Patrick' Chapman Admitted 1(10/30/021 Dr. Patrick Chapman Admitted 1 f1 013 0109) Dr. Patrick Chapman Admitted , 1(10/30/09) Dr. Patrick Chap1J1.lUl Admitted I '(lO/jO/09) 1 Dr. Patrick Chapman Admitted 10130/09) Dr. Patrick Cbapman Admitted (10/30109J Dr. Patrick Chapman Admitted '10/30/09) Dr. Patrick Chapman Admitted '10/30/09) Dr. Patrick Chapman . Admitted I nOI3 0/021 Dr. Patrick Chapman Admitted 100/30/021 Dr. Patrick Chapman Admitted I (] 0/30109) Dr. Patrick Chapman Admitted In 0/30109) Dr. Patrick Chapman Admitted IOO130/02t Dr. Patrick Chapman Admitted 1(}0130109) --- Exhibit No. Dllcriutioo RDX-470 4 Session Event Counter (4 session) RDX-471 ' 4 Session Event Counter (4 session) RDX-472 4 Session Event Counter (4 session) , RDX-473 4 Session Event Counter (4se88ion) RDX-474 4 Session Event Counter (4 se88ion) RDX-47S 4 Session Event Counter (4 se88ion) RDX-476 4 'Session Event Counter (3 session intermittent) RDX-477 4 Session Event Counter (3 session intermittent) RDX-478 4 Session Event Counter (3 session intermittent) RDX-479 4 Session Event Counter (3 session intermittent) RDX-480 4 Session Event CO.unler (3 session intermittent) RDX-481 4 Session Event Counter (3 session intermittent) RDX-482 4 Session Event Counter (3 session intermittent) RDX-484 Peak.-to-Peak RDX-486 LX-1692 C..BST (1) RDX-487 LX-1692 C_BST (2) RDX488 LX16931LXI697: Threshold RDJe-489 LX16931LX1697: Threshold: Voltage Magnitude lUJX-490 LX16931LX1697: Threshold: Voltage Magnitude RDX491 LX16931LX1697: Threshold: Frequency, Inv. No. 337TA-6S8 Respondents' Combined Final Direct Exhibit Ust November 3. 2009 (Amended January 6,2010) Batll Raon PUI'DOle Noninfringement Noninfringement Noninfringe.ment Noninfringement Noninfringement Noninfringement Non infringement Noninfringement Noninfringement Noninfringement Noninfringement Noninfringement I , . Noninfringemcnt Noninfringement Noninfringement NoJ?-infringement Noninfi'ingement Noninfringement Noninfringement Noninfringement 49 SpODIOriJiJr Wlt01l1 Statui Dr. Patrick Chapman Admitted In 0130/09) Dr. Patrick Chapman Admitted I(0/30/09) Dr. Patrick Chapman Admitted 100130/091 Dr. Chapman Admitted , , 1(0/30/09) Dr. Patrick Chapman Admitted 1/10/30/09) Dr. Patrick Chapman Admitted 1/10/30/09) Dr. Patrick Chapman Admitted 10/30/09) Dr. Patrick Admitted 10130/09) Dr. Patrick Chapman Admitted 10130109) Dr. Patrick Chapman Admitted 1(10/30/09) Dr. Patrick Chapman Adanitted 1(0130/09) Dr. Patrick Chapman ' Admitted In 0130109) Dr. Patrick Chapman Admitted 1/10130/09) Dr. Patrick Chapman Admitted (10130/09) , Dr. Patrick Chapman Admitted 10130109) Dr. Patrick Chapman Admitted (10130/09) Dr. Patrick Chapman ' Admitted 1(10130/09) Dr. Patrick Chapman Admitted In 0130/09) Dr. Patrick Chapman Admitted I(0/30/09) Dr. Patrick Chapman Admitted 1(10/30/021 Exhibit No. RDX492 RDX-493 RDX-494 CXS2lC CX-S63C Descrintion LX16931LX1697: Threshold: Voltage Frequency LX16931LX1697: Threshold 1: Voltage Limiting LX-1693 Family Over Voltage Protection Inv. No. 337TA-666 Respondenb' Combined Final Direct exhibit List November 3,2009 (Amended January 5,2010) BatelRaDl!e Purnose Noninti:ingement .. Noninfi'ingement Noninfringement Microsemi Presentation on Jin BalllDcer Licensing Policy rev. 1.1 MICROSBMl1278S9-64 Noninfringemcnt Miorosemi document Jin Balancer Application Note MICROSBMl1480S4-66 Noninfringement - 50 SDoDlorinl! Witness Status Dr. Patrick Chapman Admitted 10130/09) Dr. Plltrick Chapman Admitted (10/30/09) Dr. Patriek Chapman Admitted (10/30109) Yung-Lin Lin Rejected 10/30/09) Yung.Lin Lin Rejected (10/30/09) Exhibit No. RDX-400C RDX-403C RDX-404C RDX-40SC RDX-406C RDX-407C RDX-408C RDX-409C RDX-41OC RDX-412C RDX-416C RDX-417C RDX-418C RDX-419C RDX-42OC RDX-42IC RDX-422C Inv. No. 337-TA.-666 Mierosemi's Final Exhibit List - ALL (Amended 1/0512010) tiOD Pwii-uose Sponsoring Witness Schematics -lx169IJev8, LX1691. revision 8 Noninfiingement KevinChoi (MI, VIA, M2) subchip, Cell- LXI691_rev8, Updated 1112412003 Schematics - lx1691_rev6, overvoltage, Noninfiingement KevinChoi overcurrent, isns detect, Cell- fwrect_rev4, UDdated 0612312003 . Schematics -lxI69I_nWt;, overvoltage, Nooinfiingement KevinChoi overcurrent, isns detect, Cell- fwrect_rev4, Undated 0612312003 .. Schematics -lx1691_rev6, overvoltage, Nooinfringcment KevinChoi overcurrent, isns detect, Cell- fwrectJCV4, UDdated 0612312003 -lxI691_rev6, lamp overvoltage, Noninfiingement KevinChoi overcurrent shutoff, Cell- shutoff_rev3, Updated 0111812003 Schematics -lxI691_rev6, lamp overvoltage, Noninfiingement KevinChQi overcurrent shutoff, Cell -shutoff_rev3, UDdated 0111812003 Schematics -lxI691_rev6, lamp overvoltage, Noninfringement Kevin Choi overcurrent shutoff, Cell - shutoff_rev3, Updated 01/1812003 Schematics -lxI6gI_rev6, lamp overvoltage, Noninfiingement KevinChoi overciJrrent shutoff: Cell- shutoffJCV3, 01/1812003 Schematics -1x1691_rev6, lamp overvoltage, Noninfringemeirt . KevinChoi overeurrent shutoff: Cell - shutoffJcv3, Uodated 0111812003 Schematics - cchiou, 1x1692_wr_vlrS subchip, Nooinfringement KeyinChoi Cell- subchip_xS, Updated 0710912007 . -' Schematics - cchiou, 1x1692_wr_vlr8 subchip, NoniDftingement Kevin Choi Cell- subchip_xS, Updated 07/0912007 Schematics -1x1692_wr_vlrS, subchip_x8, Noninfringeinent KevinChoi Lamp igoitionltimeout & short DETection, Cell-idet 8x. Undated 07/1512005 Schematics -lx1692_wr_vlrS, subchip..x8, Noninfringement KevinChoi Lamp ignitionltimeout & short DETection, Cell-Idet 8x. Updated 0711512005 Schematics -lxI692_wr_vlrS, subchip_x8, Noninfringement KevinChoi Lamp ignition/timeout & short DETection, Cell-ldet 8x. utidated 0711512005 ... Schematics - 1x1692a, Lamp ignitionltimeout Noninftingement KevinCboi & shot DETect, Cell - idet, Last Changed 05/0112007 Schematics - lx1692a, Lamp ignitionltimeout Nooinfiingement . KevinChoi & shor DETect, Cell - idet, Last Changed 0510112007 Schematics -lxl692a, Lamp ignitionltimeout Noninfringement KevinChoi & shor DETect, Cell - idet, Last Changed 0510112007 Page 1 of5 Status Admitted 1013012009
RDX-448 RDX-449 RDX-450 RDX-451 RDX-452 Inv. No. 337-TA-666 Mici'osemi's Final Exhibit List - ALL (Amended 110512010) DescriPtion iSponsoring Witness Schematics - .lx1692a, Lamp ignitionltimeout Noninfiingement KevinChoi & shor DETect, Cell idet, Last Changed 05/01/2007 Schematics - lx1692a, Lamp ignition/timeout Noninfringement KevinChoi & shor DETect, Cell idet, Last Changed' 05/0112007 Effect of Digital Dimming Noninfringement Dr. Patrick Chapman Effect of Digital Dimming Noninfiingemerit Dr. Patrick Chapman ,Effect of Digital Dimming Noninfiingement Dr. Patrick Chapman Effect of Digital Diinming Noninfiingement Dr. Patrick Chapman Effect of Digital Dimming Noninfringement Dr. Patrick Chapman TheLX1692 Does Not Use A Timer Noninfringement Dr. Patrick Chapman LX1692 Product Data Sheet Excerpt Noninfringement Dr. Patrick Chapman Voltage pividers Noninfringement Dr. Patrick Chapman The Transformer Noninfringement Dr. Patrick Chapman The Transformer: Magnetic Coupling Noninfringement Dr. Patrick Chapman 4 Session Event Counter Noninfringement Dr. Patrick Chapman 4 Session Event Counter (short 2 session) Noniofiingement Dr. Patrick Chapman 4 Session Event Counter (short 2 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (short 2 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (short 2 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (full 2 Noninfringement Dr. Patrick Chapman 4 Session Event Counter (full 2 sessio.n) Noninfringement Dr. Patrick Chapman 4 Session Event (full 2 .. Noninfringement Dr. Patrick Chapman 4 Session Event Counter (full 2 session) Noninfringement Dr. Patrick Chapman '. 4 Session Event Counter (3 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (3 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (3 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (3 session) Noninfringement Dr. Patrick Chapman Page 2 of5 Status Admitted 1013012009 Admitted 1013012009 Admitted 10130/2009 Admitted 1013012069 Admitted 1013012009 Admitted 10130/2009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 10130/2009 Admitted 1013012009 Admitted 1013012009 Admitted - 1013012009 Admitted 10/30/2009 Admitted 10130/2009 Admitted 10/3012009 Admitted 10/3012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Exhibit No. RDX-453 RDX-454 RDX-455 RDX-456 RDX-457 RDX-458 RDX-459 RDX-460 RDX-461 RDX-462 . RDX-463 - RDX-464 RDX-465 RDX-466 Inv. No. 337-TA-666 Microsemi's Final Exhibit List - ALL (Amended VOS12010) Description Purpose SPODSOrin2 Witness 4 Session Event Counter (3 sess.ion) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (3 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (3 session) Noninfiingement Dr. Patrick Chapman 4 Session Event CoWlter (4 session) Noninfringement Dr. Patrick Chapman 4 Session Event CoWlter (4 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (4 Noninfiingement Patrick Chapman 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman 4 Session Event CoWlter (4 session) Noninfiingement Dr. Patrick Chapman 4 Session Event Counter (4 seSSion) Noninfiingement Dr. Patrick Chapman 4 Session Event Counter (4 session) . Noninfringement Dr. Patrick Chapman 4 Session Event Counter (4 session) Noninfiingement Dr. Chapman 4 Session Event Counter (4 session) Noniofringement Dr. Patrick Chapman 4 Session Event Counter (4 session) Noninfringement Dr. Patrick Chapman 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman RDX-467 4 Session Event Counter (4 session) Noninfringement Dr. Patrick Chapman RDX-468 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman RDX-469 4 Sc;ssicin Event CoWlter (4 session) Noninfiingement Dr. Patrick Chapman RDX-470 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman RDX-471 4 Session Event CoWlter (4 session) Noninfiingement Dr. Patrick Chapman RDX-472 4 Session Event Counter (4 session) Noninfringement Dr. Patrick Cllapman RDX-473 4 Session Event Counter (4 Noninfiingement Dr. Patrick Chapman. .. RDX-474 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman RDX-475 4 Session Event Counter (4 session) Noninfiingement Dr. Patrick Chapman : RDX-476 4 Session Event CoWlter (3 session Noninfiingement Dr. Patrick <;:hapman intermittent) RDX-477 4 Session Event Counter (3 session Noninfiingement Dr. Patrick Chapman intermittent) '" RDX-478 4 Session Event Counter (3 session Noninfiingement Dr. Patrick Chapman intermittent) Page 3 of5 Staf;JIs Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 " Admitted 10130/2009
1013012009 Admitted 1013012009 Admitted 1013012009 Adniitted 1013012009 Admitted 10130/2009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 10/3012009 Admitted - 10l30l2009 Admitted 1013012009 Admitted 1013012009 Admitted 10/3012009 A4lmitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Exhibit No. RDX-479 RDX-480 RDX-481 RDX-482 RDX-484 RDX-486 IIDX-487 RDX-488 RDX-489 RDX-490 RDX-491 - RDX-492 RDX-493 R1>X-494 RX-72 . RX-73 RX-760C RX-766C RX-77SC" . " RX-789C " RX-79OC RX-796C Inv. No. 337-TA-666 Microsemi's Final Exhibit List - ALL (Amended 1/05/2010) DescriDtion Soonsorine: Witness 4 Session Event Counter (3 session Noninfiingement Dr. Patrick Chapman intermitteBt) 4 Session (3 session Noninmngement Dr. Patrick Chapman intermittent) 4 Session Event Counter (3 session Noninfringement Dr. Patrick Chapman intermittent) 4 Session Event Counter (3 session Noninfiingement Dr. Patrick Chapman intennittent) Peak-to-Peak Noninfringement Dr. Patrick Chapman LX-1692 C_BST (1) Noninfringement Dr. Patrick Chapman LX-1692 (2) NoninfringeDleDt Dr. Patrick Chapman LXI693JLXI697: Threshold Noninfringement Dr. Patrick Chapman LX16931LX1697: Threshold: Voltage Noninfringement 'Or. Patrick Chapman Masmitude LXI693JLXI697": Threshold: Voltage Noninfiingement Dr. Patrick Chapman Mamitud.e LX16931LX1697: Threshold: Voltage Noninfringement Dr. Patrick ChapDlan Freauencv LX16931LX1697: Threshold: Voltage Noninfringement Dr. Patrick Chapman Frequency Threshold I: Voltage Noninfringement Dr. Patrick Chapman Limitins: LX-1693 Family Over Voltage Protection Noninfringement Dr. Patrick ChapDIan U.S. Patent No. 5,923,129; Bates MPS-ITC Invalidity Aris K. SiIzars, Yung-Lin 002668-00U91. 07/13/1999 (Lin 20) (Silzars Lin; George Herny Report Ex. 88) (Flasck Ex. 24) (MPS-ITC 002668-691) U.S. Patent No. 5,930,12107127/1999 (Hao Invalidity Aris K. Silzars, Yung-Lin 15) (Silzars Report Ex. 89) (MPS-ITC 002692- Lin, EdDIund Pfleger. 715) JaDIesHao Schematics -lxI691Jcv8, LXI691 revision 8 NoilinfiingeDlcnt Kevin George Herny (MI, VIA, M2) subcbip, Cell- LXI691_rev8. Uodated 1112412003 Schematics -1x1691.JCV6. Noninfringement Kevin Choi. George Hemy overeurrent, isns detect, Cell - fwrecUev4, Undated 0612312003 Schematics-.:. Ix 1691_rev6, lamp overvoltage, Noninfiingement Kevin Choi, George Hemy overcurrent shutoff, Cell - shutoff_rev3, Undated 0111812003 Schematics - LXI692_ WR_ VIR8, subcbip_x8 Noninfringement Kevin Choi, George Henry Schematics - cchiou, 1x1692 _ wr_ vlr8 subchip, Noninfringement Kevin Choit George Cell subchip_xBt Updated 07/0912007 Herny; Dr. Patrick I ...... Schematics -1x1692_wr_vlr8, subchip_x8, Noninfringement Kevin Choi; Dr. Patrick Lamp ignition/timeout & short DETection, Chapman Cell-ldet 8x. Updated 07/1512005 Page 4 of5 Statns Admitted 10/3012009 Admitted 10/3012009 Admitted 10130/2009 Admitted 10/3012009 Admitted 10/3012009 Admitted 10/3012009 Admitted 10/3012009 Admitted 10/3012009 AdDIitted 10/30/2009 AdDIitted 1013012009 Admitted 10/3012009 Admitted 1013012009 A-dmitted 10130/2009 AdDIitted 10/3012009 Admitted 1013012009 Rejected 10/3012009 AdDIitted 10/3012009 Admitted 10/3012009 Admitted" 1013012009 Admitted 10/3012009 Admitted 10/3012009 AdDIitted 1013012009 ExhibitNe. RX-830C RX-838C RX-840C RX-851C RX .. 881C RX-935 RX-939 RX-940 RX-941 RX-991C CX-S21C - CX-563C IDv. No. 337-TA-666 Microsemi's Final Exhibit List - ALL (Amended 110512010) DescriptiOn Purpose . ISpoDsOrin Witness Schematics - IxI693_vlr9, Ix1693_vlr9 Noninfiingement Kevin Choi, George Henry SUBCHIP, Cell - Ixl693 _ YN_ VIR9, Last Charuzed 12104/2007 Schematics - Ix1693vl0, FAULT LOGIC, Noninfiingement Kevin Chai, George Henry Cell- fault_ 0, Original Design Date 01f2412006 Schematics -1x1693_vlr3, OVERVOLTAGE Noninfringement Kevin Choi, GeOrge Henry SENSE AND PEAK DETECfOR, Cell- ovsns r3 Last Chamred 07/1912006 . . . LXI699_vlr3 Noninfiingement , Kevin Choi; Dr. Patrick SUB CHIP, Cell- LX1699 _ACK_ V,IRS, Last Chapman Changed 09/0212008 Schematics - Ix1692a, Lamp ignition/timeout Noninfiingement Kevin Chai, Dr. Xiaoping & shor DETect, Cell - idct, Last Changed Jin OSI0112007 LX1692B Production Data Sheet, Rev. 1.1, Noninfiingement KevinChoi 1212012006 LX1696 Production Data Sheet, Rev. 1.0, Noninfringement KevinChoi 2127(1.006 LXI696A Production Data Sheet, Rev. 1.0, NQninfiingement K.evinChoi 51912006 ' LX1697 Production Data Sheet, Rev 1.1, Noninfringement Kevin Choi; George SIS12008 Henrv Backlight Inverter Vs Controller Cross Noninfringement Kevin Choi, George Reference Henry; Asaf Silberstein; Roe:e:r Hollidav Microsemi Presentation on Jin Balancer Noninfringement Yung-Lin Lin Licensing Policy rev. 1.1 ilMICROSEMII27859-64) Microsemi dOC1JIDcot - Jin Balancer Noninfringement Yung-Lin Lin Application Note lMICROSEMII48054-66) PageS ofS Status Adulitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 1013012009 Admitted 10/3012009 Admitted 1013012009 Admitted 10/3012009 Admitted 10fl2l2009 Rejected 10/3012009 Rejected 10/30/2009 UNITED STATES INTERNATIONAL TRADE COMMISSION In the Matter' of , ' Washington, D.C. Before E. James Gildea Administrative Law Judge CER1,'AIN COLD CATHODE FLUORESCENT LAMP ("CCFL") INVERTER CIRCUITS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-666 COMMISSION INVESTIGATIVE STAFF'S FINAL EXHIBIT LIST (pUBLIC) Pursuant to Ground Rule 6 in this investigation, the Commission Investigative Staff ("Staff') respectfully submits its finaJ. exhibit list: Exhibit Description ,Purpose Sponsoring Status No., Witness SX-1 Excerpts from the IEEE ' Background, Expert Admitted, Standard Dictionary of Electrical Claim witness 10128/09 and Electronics Terms (6 th ed. Construction 1996) SX-2 Excerpts from the McGraw-Hill Background, Expert Admitted, Dictionary of Scientific and Claim witness 10/28/09 Technical Terms (5 th ed. 1994) Construction UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of Before E. James Glldea Administrative Law Judge CERTAIN COLD CATHODE FLUORESCENT LAMP ("CCFL") INVERTER CIRCUITS AND PRODUCTSCONTAllNGSAME Inv. No. 337-TA-666 . COMMISSION INVESTIGATIVE STAFF'S FINAL EXHIBIT LIST(CONFIDENTIAL) Pursuant to Ground Rule 6 in this investigation, the Commission Investigative Staff ("Staff') respectfully submits its final exhibit list: ExhIoit . - Description Purpose Sponsoring Status No. Witness SX-5C Confidential Exhibit I to Importation, nla Admitted, Response to Notice of Remedy 10/19/09 Investigation and the Complaint of Respondent Monolithic Power Systems, Inc. SX-6C Confidential Exhibit I to Importation,. nla Admitted, Microsemi's Response to the Remedy 10/19/09 Complaint and Notice of Investigation SX-7C Confidential Exhibit 1 to Importation, nla Admitted, Response to Notice of Remedy 10/19/09 In,vestigation and the Complaint of Respondents ASUSTeK Computer, Inc. and ASUSTeK Computer International America IN THE MATTER OF CERTAIN COLD CATHODE ("CCFL") INVERTER CIRCIDTS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-666 PUBLIC CERTIFICATE OF SERVICE I, Marilyn R. Abbott, hereby certify that the attached FINAL INITIAL DETERMINATION has been served by hand upon, the Commission Investigative Attorney, David O. Lloyd, Esq." and the following parties as indicated on May 10, 2010. MarilynR. U.S. Intern lOnal Trade Commission 500 E Street, SW, Room 112A Washington, D.C. 20436 COMPLAINANTS 02 MIRCO INTERNATIONAL LTD AND 02 MICRO INC.: Margaret D. Macdonald, Esq. HOWREY,LLP 1299 Pennsylvania Ave NW Washington, DC 20004 P-202-783-0800 ( ) Via Hand Delivery (X) Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _ FOR RESPONDENTS MONOLITIDC POWER SYSTEMS INC: Mark A. Flagel, Esq. LATHAM & WATKINS LLP 355 South Grand Avenue Los Angeles, CA 90071-1560 P-213-485-1234 ( ) Via Hand Delivery ()() Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _ IN THE MATTER OF CERTAIN COLD CATHODE ("CCFL") INVERTER CIRCUITS AND PRODUCTS CONTAINING SAME Inv. No. 337-TA-666 CERTIFICATE OF SERVICE - PAGE 2 FOR RESPONDENTS MONOLITHIC POWER SYSTEMS, INC., ASUS COMPUTER, INC., ASUS COMPUTER INTERNATIONAL Smith R. Brittingham IV, Esq. FINNEGAN, HENDERSON, FARABOW, GARRETT & DUNNER, LLP 901 New York Avenue NW Washington, DC 20001 P-202-408-4000 ( ) Via Hand Delivery (X) Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _ FOR RESPONDENT MICROSEMI CORPORATION Joel D. Covelman, Esq. THE YOCCA LAW FIRM LLP 19900 MacArthur Blvd., Suite 650 Irvine, CA 92612 P-949-253-0800 ( ) Via Hand Delivery ~ Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _ IN THE MATTER OF CERTAIN COLD CATHODE ("CCFL") INVERTER CIRCUITS AND PRODUCTS CONTAINING SAME PUBLIC MAILING LIST Heather Hall LEXIS - NEXIS 9443 Springboro Pike Miamisburg, OH 45342 Kenneth Clair THOMSON WEST 1100 13th Street, NW, Suite 200 Washington, D.C. 20005 Inv. No. 337-TA-666 ( ) Via Hand Delivery ()<) Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _ ( ) Via Hand Delivery ( K) Via Overnight Mail ( ) Via First Class Mail ( ) Other: ___ _