`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`
`
`Before the Honorable Monica Bhattacharyya
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN POWER INVERTERS AND
`CONVERTERS, VEHICLES
`CONTAINING THE SAME, AND
`COMPONENTS THEREOF
`
`
`
`Investigation No. 337-TA-1267
`
`RESPONDENTS’ MOTION IN LIMINE NO. 3 TO EXCLUDE
`EXPERT OPINION AND EVIDENCE DERIVED
`FROM PRODUCTS PRODUCED FROM
`
`
`
`Pursuant to Commission rule 210.15 and Ground Rule 9.4 (Order No. 13), Respondents
`
`Volkswagen AG and Volkswagen Group of America, Inc. (“Volkswagen”), Audi AG and Audi of
`
`America, LLC (“Audi”), and General Motors LLC (“General Motors” or “GM”) (collectively,
`
`“Respondents”) respectfully move in limine to preclude evidence derived from non-party Infineon
`
`Technologies AG’s EDT2 and TRENCHSTOP 5 insulated-gate bipolar transistors (“IGBTs”)
`
`manufactured
`
` that Complainant Arigna Technology
`
`Limited (“Arigna”) plans to offer as substantive evidence in connection with U.S. Patent
`
`No. 8,247,867 (“the ’867 Patent”). No IGBT produced from
`
` is at issue in this
`
`Investigation, meaning that no violation would result even if IGBTs made
`
`
`
`were found to practice an asserted claim. Further, there can be no genuine dispute that IGBTs
`
`produced from
`
` are not representative of the IGBTs at issue in this Investigation, all
`
`of which are made from
`
` by
`
`
`
`. Dr. Sechen’s reliance on IGBTs
`
`made from
`
` is not just unsupported, but the evidence of record directly contradicts it.
`
`INV. NO. 337-TA-1267
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`1
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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`

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`Evidence of IGBTs made from
`
` is irrelevant and immaterial to this Investigation, and
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`it should be excluded under Commission Rules. 19 CFR § 210.37(b) (“Irrelevant, immaterial,
`
`unreliable, or unduly repetitious evidence shall be excluded”).
`
`GROUND RULE 3.2 CERTIFICATION
`
`Pursuant to Ground Rule 3.2, Respondents made good faith efforts to resolve this Motion
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`at least two business days in advance, including by disclosing all intended motions in limine on
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`March 15, 2022, and participating in a telephonic meet-and-confer on March 17, 2022. Counsel
`
`for Arigna stated that it would oppose this Motion. OUII will take a position on the papers.
`
`*
`FACTUAL BACKGROUND
`
`*
`
`I.
`
`*
`
`*
`
`*
`
`Arigna’s infringement allegations for the ’867 Patent center on IGBTs included in electric
`
`components of certain Audi, GM, and Volkswagen vehicles. Ex. 1 (Arigna’s PHB excerpts)
`
`at 8-11. Non-party Infineon Technology AG (“Infineon”) manufactures and supplies these IGBTs,
`
`which come in two broad product lines: EDT2 and TRENCHSTOP 5. Id.; Ex. 2 (RX-0711C,
`
` Tr.) at 53:11-54:10. Third-party component makers buy the accused Infineon IGBTs and
`
`incorporate them into larger downstream electronic assemblies that Respondents GM, VW, and
`
`Audi ultimately purchase for their accused vehicles.
`
`Historically, certain devices from Infineon’s EDT2 and TRENCHSTOP 5 product lines
`
`have
`
`
`
`. Ex. 2 at 54:11-19, 85:19-86:15, 86:21-87:13, 87:16-88:11, 88:16-
`
`89:12, 91:13-93:2, 93:21-22, 96:20-97:10.
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`. Id. at 55:21-56:6, 57:6-22, 58:1-18, 61:10-63:9.
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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` Ex. 2 at 35:2-36:3; Ex. 3
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`(RX-2649C, Bravman Reb. Rpt.) ¶¶ 165-168. This is true for both EDT2 IGBTs and
`
`TRENCHSTOP 5 IGBTs. Importantly, there is no dispute in this Investigation that the accused
`
`vehicles
`
`(
`
`
`
`. See Ex. 2 at 86:21-87:13
`
`
`
`
`
`During discovery, Infineon produced high-resolution images that show the structure and
`
`composition of four types of Infineon products: (i) EDT2 devices made using
`
`(ii) EDT2 devices made using
`
`, (iii) TRENCHSTOP 5 devices made using
`
`
`
`
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`and (iv) TRENCHSTOP 5 devices made using
`
`. Arigna also produced
`
`materials associated with a third-party report prepared in 2014 that analyzes an Infineon
`
`
`
`See Ex. 2 at 91:13-92:6, Ex. 4 (RX-2697C.1-96) (published in 2014); Ex. 5 (RX-2828C.15-16)
`
`(
`
` production began 2018); Ex. 6 (RX-3505); Ex. 7 (RX-3506).
`
`In its expert’s report, Arigna presents its ’867 Patent-related infringement allegations by
`
`using two claim charts, one incorporating images of EDT2 products and the other incorporating
`
`images of TRENCHSTOP 5 products. Ex. 8 (RX-1639C, EDT2 Claim Chart); Ex. 9 (RC-1640C,
`
`TRENCHSTOP 5 Claim Chart). Neither claim chart distinguishes between IGBTs made from
`
` and IGBTs made from
`
` Instead, Arigna tries to sow confusion by
`
`
`1 Arigna also relies on a third set of SEM images of an Infineon FS770R08A6P2LB device
`provided by Tyndall National Institute. Respondents agree the FS770R08A6P2LB is
`
` and Respondents do not seek to exclude the Tyndall SEM images in this motion.
`Respondents maintain that the Tyndall SEM images are defective, misleading, and unreliable for
`additional reasons stated in Respondents’ Pre-Hearing Brief at pages 113–116.
`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
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`IN LIMINE NO. 3
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`PUBLIC VERSION
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`intermingling images of IGBTs made from
`
` with images of IGBTs made from
`
`.
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`Arigna, however, offers no evidence that any accused vehicle incorporates an Infineon
`
`IGBT manufactured from an
`
`. Nor has Arigna argued that any Respondent has
`
`imported, imports, or will ever import Infineon IGBTs made from
`
` See Ex. 1 at 146,
`
`162. Instead, Arigna’s expert Dr. Sechen plans to testify that “EDT2 products ‘do not contain any
`
`material distinctions’ (including regardless of
`
`) and the same theories and proof are
`
`applicable to, and show the infringement of, each accused EDT2 product.” Id. at 147; Ex. 8 at 1.
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`That is, Arigna intends to rely on images of non-accused IGBTs made from
`
`to argue
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`that the accused IGBTs made from
`
` practice the asserted claims. See Ex. 1 at 146-
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`147, 162-179; Ex. 8 at 1; Ex. 9 at 1; Ex. 4 at 1-96. Such a tactic is highly unusual and misleading.
`
`II.
`
`ARGUMENT
`
`A.
`
`IGBTs Made from
`
`Are Not at Issue in this Investigation
`
`The accused Infineon IGBTs in this Investigation are all made from
`
`Infineon manufactures the EDT2 IGBTs used in GM’s vehicles from
`
`
`
` as the
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`relevant Infineon part numbers confirm. Ex. 2 at 24:4-25:10, 95:10-99:4; Ex. 10 (RX-0714C.1,
`
`Infineon IGBT Nomenclature) (
`
` in part number). Infineon also
`
`manufactures the EDT2 IGBTs in VW’s and Audi’s vehicles exclusively from
`
`Infineon had already begun
`
` to make those EDT2 IGBTs
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`.
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`
`
`. Ex. 2 at 58:20-59:19, 82:14-
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`84:20, 86:21-87:13, 88:16-89:12; Ex. 11 (RX-0586C) at 102:5-10; Ex. 12 (RX-0597C); Ex. 13
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`(RX-0598C). And the TRENCHSTOP 5 IGBTs found in the accused VW and Audi vehicles have
`
`never been made from
`
`. Ex. 2 at 90:22-93:2.
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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`Evidence regarding the structure of Infineon IGBTs made from
`
` should be
`
`excluded because IGBTs made from
`
` simply are not at issue in this Investigation.
`
`Violations under subsection (a)(1)(B) of Section 337 are limited to articles that are imported. See
`
`19 U.S.C. § 1337(a)(1)(B). Yet, Arigna offers no evidence that any Respondent imports, has ever
`
`imported, or ever will import a vehicle or part with an Infineon EDT2 or TRENCHSTOP 5 IGBT
`
`made from an
`
` IGBTs made from
`
` are thus irrelevant because any
`
`finding that those devices practice an asserted claim would not result in a violation of Section 337.
`
`B.
`
`IGBTs Made from
`from
`
` Are Not Representative of IGBTs Made
` Because They
`
`
`The structural differences between Infineon IGBTs made using
`
`
`
`are plain to see, as the images below show. Faced with contrary evidence, Arigna’s expert Dr.
`
`Sechen has provided no reasonable explanation for his opinion that Infineon IGBTs made from
`
`—
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`do not materially differ.2
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`“Expert testimony is admissible to the extent it may assist the trier of fact.” Certain
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`Foodservice Equip., Inv. No. 337-TA-1166, Order No. 33 (Apr. 16, 2020) (granting in part
`
`Complainants’ Motion in Limine No. 6); see also Fed. R. Evid. 702 (requiring that expert opinion
`
`testimony “assist the trier of fact to understand the evidence or to determine a fact in issue”). But
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`nothing requires a court “to admit opinion evidence that is connected to existing data only by the
`
`ipse dixit of the expert. A court may conclude that there is simply too great an analytical gap
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`between the data and the opinion proffered.” Gen. Elec. Co. v. Joiner, 522 U.S. 136, 146 (1997).
`
`Here, the structural differences between IGBTs produced on
`
` and IGBTs
`
`
`2 Even if that proposition were somehow true (which it is not), it still would not provide a reason
`to rely on evidence of
` when ample evidence of the Infineon IGBTs in the accused
`vehicles—IGBTs made using
`—is already available.
`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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`produced on
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` are plain to see. Transmission Electron Microscopy (“TEM”) images,
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`
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`like the ones below,
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`. See Ex. 14 (JX-00004) at 9:66-10:45, Fig. 7.
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`
`
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`
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` E.g., Ex. 17 (RX-0715C.3, 9)
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`Fig. 1.
`
`
`3 The phrase “trench contact structure” (or “source contact,” “trench contact,” or “mesa contact”)
`refers to the conductive material that penetrates the insulating film and source layer.
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`INV. NO. 337-TA-1267
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`(annotated below); Ex. 18 (RX-0716C.1, 3) (annotated below); Ex. 16 (RX-0717C.3, 8) (annotated
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`below); Ex. 15 (RX-0718C.8, 11) (annotated below); see also Ex. 14 at 9:66-10:45, Fig. 7.
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`
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`C.
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`Arigna’s Expert Misstates the Evidence
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`Dr. Sechen’s report does not substantively address
`
`inctions.
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`Instead, he justifies his opinion that “each accused EDT2 device is identical and each accused
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`TRENCHSTOP 5 device is identical” by misstating Infineon testimony
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`Ex. 19 (RX-1635C, Sechen Init. Rpt.) ¶ 128.
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`According to Dr. Sechen, Infineon’s witness allegedly
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
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`PUBLIC VERSION
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` Ex. 8 at 2. Infineon’s witness confirmed no such thing. In fact, his
`
`
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` id. at 49:9-12.
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` Id. at 27:10-14, 37:22-38:4.
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` see id. at 62:18-63:9,
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`
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`Ex. 20 (RX-2824C.34-35); see also Ex. 21 (RX-2827C.55) (
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`Since Infineon’s testimony, without fail, is specific to each
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`
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`
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`question, Dr. Sechen has no basis to generalize that all EDT2 or TRENCHSTOP 5 IGBTs have
`
`.
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`
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`. Ex. 2 at 27:10-
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`14, 37:22-38:4, 42:13-16, 49:9-12, 62:18-63:9; Ex. 22 (RX-0713C) ¶¶ 4-30.
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`Infineon’s witness equated IGBT devices made using
`
` with those made using
`
` in one context only:
`
`
`
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
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`PUBLIC VERSION
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` Ex. 2 at 61:10-62:17, 161:9-162:13.
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` See id.
`
`See id.
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`A mask shape does not, by itself, define the structure of an actual device.
`
`
`
`
`
`
`
`
`
`
`
`
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` Ex. 3 ¶ 46; see also id. ¶¶ 42-45. The ultimate structure of a semiconductor
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`device hinges on the specific processes, recipes, and equipment used to make it. Id. ¶ 104; Ex. 2
`
`at 212:6-213:10.
`
`
`
`. Ex. 2 at 63:10-65:12, 65:15-68:6, 212:6-213:10.
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`Dr. Sechen himself acknowledges that actual device structures depend on the fabrication
`
`processes and that actual device structures are what govern the infringement analysis. Ex. 23 (RX-
`
`0780C, Sechen Tr.) at 262:23-264:16.
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`
`
`
`
`
`
`
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`evidence from unaccused IGBTs made from
`
` to make its case for the accused IGBTs
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` The fact that Arigna seeks to rely on
`
`made from
`
` is telling.
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`In sum, Dr. Sechen’s opinion that
`
` at issue
`
`is both unsupported and contradicted by the witness testimony allegedly supporting it. Such
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`unsupported expert testimony is entitled to no weight and is irrelevant. See, e.g., Certain Wireless
`
`Devices With 3G and/or 4G Capabilities, Inv. No. 337-TA-868, Order No. 106, 2014 WL 984656,
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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`at *2-3 (Feb. 7, 2014) (granting respondents’ motion in limine excluding challenged documents as
`
`well as expert testimony relying on such documents). Because allowing Arigna to present
`
`irrelevant and immaterial evidence would create a confusing and misleading record, it should be
`
`excluded. See 19 CFR § 210.37(b) (“Irrelevant, immaterial, unreliable, or unduly repetitious
`
`evidence shall be excluded.”); Fed. R. Evid. 403 (evidence irrelevant if its probative value is
`
`substantially outweighed by a danger of confusing the issues or misleading the fact finder).
`
`III. CONCLUSION
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`For these reasons, Respondents respectfully request that the ALJ grant Respondents’ Motion
`
`in Limine No. 3 and exclude evidence derived from Infineon EDT2 and TRENCHSTOP 5 IGBTs
`
`produced from
`
`, including references to
`
`IGBT evidence at the following:
`
` (see Ex. 24)
`
`Non-Limiting References to IGBTs Made
`
`RX 1635C ¶¶ 128, 129, 130, 131, 134
`RX-1639C.11, 12, 14, 17, 19, 22, 27, 28, 32, 33, 35, 38, 39, 41, 42, 45, 48, 49, 53, 56, 57, 59,
`62, 65, 67, 72, 73, 76, 78, 81, 82
`RX-1640C.4, 5, 7, 9, 11, 13, 15, 16, 17, 19, 20, 21, 22, 23, 25, 26, 31, 32, 34, 35, 37
`CX-00557C ¶¶ 128, 129, 130, 131, 134
`CX-00557C.186, 187, 192, 194, 197, 202, 203, 207, 208, 210, 213, 214, 216, 217, 220, 223,
`224, 228, 231, 232, 234, 237, 240, 242, 247, 248, 251, 253, 256, 257, 263, 264, 266, 268, 270,
`272, 274, 275, 276, 278, 279, 280, 281, 282, 284, 285, 290, 291, 293, 294, 296
`Arigna’s Prehearing Br. at 147, 148, 149, 150, 151, 152, 153, 154, 158, 159, 161, 162, 163,
`164, 165, 166, 167, 168, 169
`RX-2724C
`RX-2725C
`RX-2751C
`RX-2752C
`RX-2757C
`RX-2758C
`RX-2763C
`RX-2764C
`RX-2769C
`RX-2770C
`RX-2775C
`RX-2776C
`RX-2781C
`RX-2782C
`RX-2787C
`RX-2788C
`CX-00144C
`CX-01031C
`
`
`RX-2726C
`RX-2753C
`RX-2759C
`RX-2765C
`RX-2771C
`RX-2777C
`RX-2783C
`RX-2697C
`CX-00688
`
`RX-2727C
`RX-2754C
`RX-2760C
`RX-2766C
`RX-2772C
`RX-2778C
`RX-2784C
`RX-3505
`CX-00689
`
`RX-2728C
`RX-2755C
`RX-2761C
`RX-2767C
`RX-2773C
`RX-2779C
`RX-2785C
`RX-3506
`
`
`RX-2729C
`RX-2756C
`RX-2762C
`RX-2768C
`RX-2774C
`RX-2780C
`RX-2786C
`CX-00142C
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`
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
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`PUBLIC VERSION
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`Dated: March 18, 2022
`
`
`
`
`
`
`/s/ Mareesa A. Frederick
`Mareesa A. Frederick
`J. Preston Long
`Amy L. Fulton
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`901 New York Avenue, N.W.
`Washington, D.C. 20001
`Tel. (202) 408-4000
`
`Elliot C. Cook
`Matthew S. Johnson
`Daniel M. Jordan
`Daniel C. Tucker
`Yi Yu
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER, L.L.P.
`1875 Explorer St., Suite 800
`Reston, VA 20190
`Tel. (571) 203-2700
`
`Counsel Respondents Volkswagen AG,
`Volkswagen Group of America, Inc., Audi
`AG, Audi of America, LLC, Bentley Motors
`Ltd., Bentley Motors, Inc., Automobili
`Lamborghini S.p.A., and Automobili
`Lamborghini America, LLC
`
`
`
`By:
`
`
`
`
`
`FISH & RICHARDSON P.C.
`
`/s/ Michael J. McKeon
`Michael J. McKeon
`Christian A. Chu
`Jared M. Hartzman
`FISH & RICHARDSON P.C.
`1000 Maine Avenue, S.W.
`Suite 1000
`Washington, DC 20024
`Telephone: (202) 783-5070
`Facsimile: (202) 783-2331
`
`Leeron G. Kalay
`FISH & RICHARDSON P.C.
`500 Arguello St., Suite 400
`Redwood City, CA 94063
`Telephone: (650) 839-5070
`Facsimile: (650) 839-5071
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
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`Joe Herriges
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Telephone: (612) 335-5070
`Facsimile: (612) 288-9696
`
`Nitika Gupta Fiorella
`FISH & RICHARDSON P.C.
`222 Delaware Avenue
`17th Floor, P.O. Box 1114
`Wilmington, DE 19801
`Telephone: (302) 652-5070
`Facsimile: (302) 652-0607
`
`Tim J. Rawson
`FISH & RICHARDSON P.C.
`12390 El Camino Real
`Suite 100
`San Diego, CA 92130
`Telephone: (858) 678-5070
`Facsimile: (858) 678-5099
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`Counsel for Respondent General Motors
`LLC
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`INV. NO. 337-TA-1267
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`RESPONDENTS’ MOTION
`IN LIMINE NO. 3
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`PUBLIC VERSION
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`PUBLIC VERSION
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`EXHIBIT 1
`EXHIBIT 1
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`PUBLIC VERSION
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`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`Before the Honorable Monica V. Bhattacharyya
`Administrative Law Judge
`
`In the Matter of
`
`CERTAIN POWER INVERTERS AND
`CONVERTERS, VEHICLES CONTAINING
`THE SAME, AND COMPONENTS
`THEREOF
`
`
`
`
`
`
`Investigation No. 337-TA-1267
`
`
`COMPLAINANT’S PREHEARING BRIEF
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`PUBLIC VERSION
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`trench gate structure and trench contact structure that is capable of minimizing a cell size while
`
`keeping a low on-resistance. See id.; CX-00557C at 25-31. The device is used in, as one example,
`
`traction inverters used in electric vehicles. See id. Arigna acquired the ’867 Patent from Mitsubishi
`
`Electric Corporation on January 22, 2020. CX-00173C; JX-00003. Arigna licensed the ’867 Patent
`
`to Microchip in the same agreement as the ’082 Patent. See CX-00097C; CX-00470C.
`
`e.
`
`The Products at Issue
`i. Accused Products
`The ’082 Accused Products consist of the
`
`
`
`14.
`
` Respondents’ vehicles containing the same. See CX-00557C at 11-
`
`. See, e.g., CX-02296C at 32; CX-02372; CX-00310;
`
`
`
`CX-00320C; CX-01294; CX-00161; CX-00162; CX-00163; CX-00294; CX-00298; CX-00303C;
`
`CX-01309; CX-00447.
`
`. See, e.g.,
`
`CX-00313C; CX-02271C at 3-5. The evidence—identified further below—will show that each
`
`converter/inverter incorporates one or more current amplifiers manufactured by Analog Devices
`
`bearing model number AD8417 or AD8418 and infringes Claims 1, 13, 17, 29 of the ’082 Patent.4
`
`
`
`
`
` Respondents’ electric vehicles containing the same. See CX-
`
`00557C at 10-11. The evidence—identified further below—will show that the
`
`
`
`
`
` each contain an accused Infineon EDT2 device or module that infringes Claims 1, 2, and
`
`
`4 See, e.g., CX-00480C, CX-00481C, CX-00482C, CX-0483C, CX-0484C, CX-0485C, CX-
`0486C, CX-01998C, CX-01999C, CX-02000C, CX-02004C; CX-00590C–CX-00673C; CX-
`00577; CX-00571; CX-00520C; CX-00522C; CX-00261.
`8
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`PUBLIC VERSION
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`

`

`8 of the ’867 Patent.5
`
`
`
`
`
`contains an Infineon TRENCHSTOP5 device that infringes Claim 8 of the ’867 Patent.6
`
`The following table summarizes the asserted vehicles, components, and claims for each
`
`Respondent and cites by footnote the evidence in support. That evidence includes Respondents’
`
`sworn interrogatory responses and documents, 30(b)(6) deposition testimony, teardowns of the
`
`accused components, and third-party declarations and productions.
`
`U.S. Patent No. 8,289,082
`Vehicles
`
`
`
`
`
`
`
`
`)
`
`•
`
`
`
`
`
`• Bentayga (
`•
`
`Respondent
`Audi
`
`Bentley
`
`BMW
`
`•
`
`•
`
`•
`
`Components
`
`
`
`
`
`Claims
`1, 13,
`17, 29
`
`1, 13,
`17, 29
`
`
`
`1, 13,
`17, 29
`
`)
`
`
`
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`
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`• 330e (PHV) (MY 2019-2022)
`
`
`5 See, e.g., CX-00489C; CX-00490C; CX-01995C; CX-00145C; CX-00142C; CX-00141C; CX-
`00139C; CX-00175C; CX-00693C–CX-01072C; CX-00243; CX-00518C.
`6 See, e.g., CX-00491C; CX-01996C; CX-00143C; CX-00144C; CX-00139C; CX-01031C; CX-
`01128; CX-00518C.
`7 See CX-02232C; CX-02229C; CX-00231C; CX-00025C; CX-02235C; CX-00224; CPX-00002;
`CX-00217C; CX-00255C; CX-01946. Volkswagen Group product numbers associated with the
`Bosch 48V Converter include 4M0959663A, 4M0959663B, 4M0959663C, 4M0959663D,
`4M0959663E, 4M0959663F, and 4M0959663G. See, e.g., CX-01650C; CX-00516C; CX-01946;
`CX-01643C; CX-01644C; CX-01278C; CX-01279C. Each of these different model numbers
`includes the AD8418. See CX-02232C; CX-02333C; CX-00516C; CX-02250C; CX-02253C; CX-
`01409C; CX-00245C; CX-00254C; CX-00232; CX-00577; CX-00548C at 33:1-10, 40:18-41:21.
`8 See CX-02250C; CX-00231C; CX-00224; CX-02235C; CPX-00002; CX-02253C; CX-00217C;
`CX-00255C; CX-01946; CX-01409C; CX-00245C; CX-00254C; CX-00232; CX-00577; CX-
`00548C at 33:1-10, 40:18-41:21.
`9 See CX-02273C; CPX-00003; CX-00257; CX-00258; CX-00259; CX-00260; CX-00261; CX-
`01947; CX-00541C at 89:6-17, 91:8-18, 92:20-93:2, 104:11-14; CX-00543C at 14:13-18
`(testifying that BMW “does not have any knowledge [of] what type of chips are used in that
`9
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`PUBLIC VERSION
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`

`

`• 5 Series (PHV) (MY 2019-
`2022)
`• 7 Series (PHV) (MY 2019-
`2022)
`• X3 (PHV) (MY 2019-2022)
`• X5 (PHV) (MY 2019-2022)
`Lamborghini • Urus
`)
`
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`Components
`
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`
`1, 13,
`17, 29
`
`1, 13,
`17, 29
`
`
`
`
`
`1, 13,
`17, 29
`
`Claims
`1, 2, 8
`
`•
`
`•
`
`
`
`•
`
`• C-Class (MY 2018-2021)
`• GLC (MY 2019-2022)
`• E-Class (MY 2018-2023)
`• E-Class Coupé and Convertible
`(MY 2017-2023)
`• CLS (MY 2018-2024)
`• AMG GT (MY 2018-2024)
`• GLE (MY 2019-2029)
`• GLS (MY 2019-2029)
`• Panamera (MY 2016-2019)
`• Cayenne (MY 2017-2021)
`
`Mercedes
`
`Porsche
`
`Respondent
`General
`Motors
`
`
`U.S. Patent No. 8,247,867
`Vehicles
`• Cadillac Lyriq (2022+)
`
`•
`
`
`inverter”). The Court granted Arigna’s motion for leave to amend its contentions to identify the
`Bosch LEB450 Inverter. See Order No. 34, EDIS No. 763146 (Jan. 31, 2022).
`10 See CX-02333C; CX-00224; CX-02331C; CX-00231C; CX-02235C; CX-02249C; CPX-00002;
`CX-00217C; CX-00255C; CX-01409C; CX-01946; CX-00245C; CX-00254C; CX-00232; CX-
`00577; CX-00548C at 33:1-10, 40:18-41:21.
`11 The BB200 PowerPack incorporates the Hella 48V Converter, which in turn contains the
`AD8417. See CX-02298C; CX-02300C; CX-02282C; CX-02283C; CX-02280C; CX-01778C;
`CX-01779C; CX-01782C; CX-02295; CX-02292; CX-02293; CX-00009C; CX-00010C; CX-
`00011C; CX-00012C; CX-00013C; CX-00015C; CX-00690; CX-00564; CX-00018C; CX-
`00072C; CX-00190C; CX-00191C; CX-00248C; CX-00249C; CX-00250C; CX-00251C; CX-
`00525C; CX-00526C; CX-00252C; CX-00253C; CPX-00001; CX-00521C; CX-00246C; CX-
`00263C; CX-00264C; CX-00265C; CX-01780C; CX-02887C; CX-00533C at 70:20-73:15, 79:14-
`80:3, 81:12-83:1, 85:7-86:3, 88:2-89:9, 93:16-25, 95:2-96:18, 98:12-99:4, 99:15-100:5, 101:7-21,
`116:1-7, 116:13-25, 120:15-121:15, 122:20-24, 123:10-16, 141:6-17, 145:12-23, 150:21-7.
`12 See CX-00516C; CX-00517C; CPX-00002; CX-0255C; CX-01946; CX-01409C; CX-00245C;
`CX-00254C; CX-00232; CX-00577; CX-00548C at 33:1-10, 40:18-41:21.
`13 See CX-02316C (identifying GM Part Nos. 24041454, 24044847, 24045562); CX-02311C; CX-
`00515C; CX-00523C; CX-00104C; CX-00536C at 42:25-43:5, 93:7-94:13, 97:21-98:6.
`10
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`

`• Hummer EV (2021+)
`• BrightDrop EV600 (2021+)
`
`• VW ID.4 (MY 2021-2022+)
`
`
`
`
`
`•
`
`•
`
`
`
`
`
`Volkswagen
`
`
`
`ii.
`
`Domestic Industry Products
`
`
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`8
`
`The domestic industry products are developed, manufactured, and sold by Arigna’s
`
`licensee Microchip. The ’082 Domestic Industry Products are two devices from Microchip’s
`
`maXTouch product line: the ATMXT540S and
`
`. See CX-00559C at 12-15; CX-
`
`02197C; CX-00557C at 86-87, 92-93; CX-02001C; CX-02002C.18
`
`The ’867 Domestic Industry Products are the Microchip Trench FET 8k and 10k and
`
`
`14 See CX-02316C (identifying GM Part Nos. 24044801, 24044794, 24044789, 24044955,
`24044956, 24044957, 24043528, 24047330, 24047329, 24047328, 24046635, 24047889 for the
`S77T Inverter); CX-02311C; CX-00515C; CX-00519C; CX-01660C; CX-00262C; CX-00112C;
`CX-00536C at 36:3-9, 47:21-24.
`
`
`
`
`
`
`
`
`
`.
`15 CX-02370C; CX-02366C; CX-02368C; CX-00540C at 21:23-24:17, 29:2-30:18, 35:7-19; CX-
`00136C; CX-01615C; CX-01616C; CX-01619C; CX-01620C; CX-01621C; CX-01622C; CX-
`01623C; CX-01627C; CX-01635C.
`16 See CX-02370C, CX-02366C (identifying the accused vehicles and the accused components’
`part numbers); CX-02368C; CX-00540C at 26:18-27:22; CX-01623C; CX-01634C.
`17 See CX-02370C, CX-02366C (identifying the accused vehicles and the accused components’
`part numbers); CX-02368C; CX-00540C at 38:25-39:14; CX-01651C; CX-01652C; CX-00137C.
`18 Consistent with the Court’s Order No. 35, Arigna is not asserting that the schematics of the
` are representative of any other maXTouch devices. See EDIS No. 763147.
`11
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`

`

`
`
`and components identified in Section I.e. See supra, Section I.e. at nn. 13-17 & Section II.d.
`
`i.
`
`Infringement by Accused EDT2 Products
`
`As set forth below, the evidence will show that Respondents sell for importation to the
`
`United States, import into the United States, and/or sell after importation into the United States
`
`each of the accused Infineon EDT2 products.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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` and (3) the ID.4, Q4 e-Tron, and Q4 e-Tron Sportback, which incorporate
`
`one or both of these components.
`
`As confirmed by Dr. Sechen and Infineon AG’s corporate representative—
`
` of the accused ’867 Infineon products
`
`
`
`
`
`
`
`
`41 CX-02316C; CX-02311C; CX-00515C; CX-00523C; CX-00104C; CX-00536C at 42:25-43:5,
`93:7-94:13, 97:21-98:6.
`42 See CX-02316C; CX-02311C; CX-00515C; CX-00519C; CX-01660C; CX-00262C; CX-
`00112C; CX-00536C at 36:3-9, 47:21-24.
`
`
`
`
`
`
`
`any documents
`
`
`43 CX-02370C, CX-02366C; CX-02368C; CX-00540C at 21:23-24:17, 29:2-30:18, 35:7-19; CX-
`00136C; CX-01615C; CX-01616C; CX-01619C; CX-01620C; CX-01621C; CX-01622C; CX-
`01623C; CX-01627C; CX-01635C.
`44 CX-02370C, CX-02366C; CX-02368C; CX-00540C at 26:18-27:22; CX-01623C; CX-01634C.
`146
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`PUBLIC VERSION
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`

`

`
`
`
`
`
`
`; see CX-
`
`01995C; CX-00140C; CX-00146C; CX-00147C; CX-00243; CX-00238; CX-00239; CX-00237;
`
`CX-01150; CX-01151.
`
`
`
`-00535C at 26:11-52:21. As such, Dr. Sechen will testify that
`
`the EDT2 products “do not contain any material distinctions” (including regardless of
`
`
`
`and the same theories and proof are applicable to, and show the infringement of, each accused
`
`EDT2 product. CX-01995C. Dr. Sechen will further testify that the “Infineon FS770R08A6P2LB
`
`component represents the composition and operation of each EDT2 IGBT device” and that the
`
`analysis performed by Tyndall National Institute on that representative EDT2 IGBT product
`
`applies to all accused EDT2 IGBT products. Id.45 Dr. Sechen also will testify that Complainant’s
`
`images of the Infineon FS770R08A6P2LB
`
`
`
`mirrors the images that Infineon produced for its
`
` products and thus further
`
`shows that the EDT2 products do not contain any material distinctions. CX-00557C at ¶¶ 129, 131.
`
`
`
`Further, there is no dispute that the accused EDT2 products literally infringe Elements 1.2,
`
`1.3, 1.4, 1.5, 1.6, and 1.7 and 8.2, 8.3, 8.4, 8.5, and 8.7. As set forth below, Respondents’ expert—
`
`Dr.
`
`. CX-00554C.
`
`
`
`
`
`
`
`Further, Dr. Bravman did not raise any specific dispute regarding Elements 1.1 and 8.1 in his
`
`report. Thus, the only disputed elements of the asserted claims are Elements 1.8-1.10, 8.6, and 8.8.
`
`
`45 CX-00175C; CX-00678–CX-00687; CX-00693C–CX-01027C/
`147
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`PUBLIC VERSION
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`

`

`
`
`infringes this element.
`
`h)
`
`Element 8.8: “wherein a dimension of a part in which
`the upper surface of said source layer and said
`conductive portion are in contact with each other is 10
`nm or more and 40 nm or less”
`
`For the reasons stated above in Elements 2.1-2.3, each of the accused EDT2 products
`
`literally infringes this element.
`
`ii.
`
`Infringement by Accused TRENCHSTOP 5 Products
`
`As set forth below, the evidence will show that Volkswagen sells for importation to the
`
`United States, imports to the United States, and/or sells after importation to the United States the
`
` and vehicles
`
`containing the same. See supra, Section I.e n. 39 & Section II.d.
`
`In addition, as confirmed by Dr. Sechen and Infineon AG’s corporate representative—
`
`
`
`
`
` As such, Dr. Sechen will testify that “the TRENCHSTOP 5
`
`products do not contain any material distinctions” (including based o
`
` and the same
`
`theories and proof are applicable to, and show the infringement of, each accused TRENCHSTOP
`
`5 product. CX-01996C. Dr. Sechen thus will further testify that the TechInsights “Infineon
`
`
`
`
`
`. CX-00557C at ¶ 130.
`
`Further, there is no dispute that the accused TRENCHSTOP 5 products literally infringe
`
`
`
`162
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`PUBLIC VERSION
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`

`

`Elements 8.2, 8.3, 8.4, 8.5, and 8.7. As set forth below,
`
`. CX-00554C.
`
`
`
`
`
`
`
`
`
`Further, Dr. Bravman did not raise any specific dispute regarding Element 8.1 in his report. Thus,
`
`the only disputed elements of the asserted claims are Elements 8.6 and 8.8.
`
`1.
`
`Claim 8
`Element 8.1: “A semiconductor device, comprising”
`a)
`Each of the accused TRENCHSTOP 5 products literally infringes this element.
`
`Specifically, Dr. Sechen will testify that CX-00147C, CX-01124, and CX-00535C at 53:15-19—
`
`along with the evidence cited for each element below—show that each accused TRENCHSTOP 5
`
`product comprises one or more semiconductor devices. CX-01996C. For example, as set forth in
`
`his reports, Dr. Sechen will testify that CX-01057C, CX-00144C, and CX-01128 show that each
`
`accused TRENCHSTOP 5 product is an IGBT semiconductor device.
`
`b)
`
`Element 8.2: “a base layer having a first conductivity
`type”
`
`Dr. Bravman confirmed that he agrees with Dr. Sechen that the accused TRENCHSTOP 5
`
`products literally infringe this element. CX-00554C at 137:7-11
`
`
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`163
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`

`
`
`
`
`
`
`
`
` Specifically,
`
`Dr. Sechen will testify that CX-00688,
`
`CX-00267C, CX-00143C, CX-00144C,
`
`and CX-00535C at 41:13-47:14, show
`
`
`
`
`
`
`
`
`
`
`
`Sechen will testify that,
`
`. CX-01996C. In particular, as set forth in his reports, Dr.
`
`
`
`
`
`
`
`. CX-01996C. As Dr. Sechen also will testify, P-type material is
`
`understood to have an impurity having an excess of holes which facilitate conduction in the
`
`semiconductor; in contrast, N-type material is understood to have an excess of electrons which
`
`facilitate conduction in the semiconductor; as a result, N type material has a different conductivity
`
`than P type material. Id.
`
`c)
`
`Element 8.3: “a source layer formed on said base layer
`and having a second conductivity type”
`
`Dr. Bravman confirmed that he agrees with Dr. Sechen that the accused TRENCHSTOP 5
`
`products literally infringe this element. CX-00554C at 137:19-23
`
`
`
`
`
`
`
`164
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`

`

`
`
`. Specifically, Dr.
`
`
`
`
`
`including as reflected in the annotated images included in his report. CX-01996C.
`
`d)
`
`Element 8.4: “an insulating film formed on said source
`layer”
`
`Dr. Bravman confirmed that he agrees with Dr. Sechen that the accused TRENCHSTOP 5
`
`products literally infringe this element. CX-00554C at 137:24-138:2
`
` Specifically,
`
`
`
`
`
`
`
`
`
`
`
`including as reflected in the annotated images included in his report. CX-01996C. As set forth in
`
`his report, Dr. Sechen further will testify that such insulating film is a non-conductor and will
`
`prevent an electrical connection between two conductors and that, absent such an insulating film,
`
`a semiconductor device like the TRENCHSTOP 5 IGBT would not operate as intended. Id.
`
`e)
`
`Element 8.5: “a plurality of gate structures penetrating
`said base layer”
`
`Dr. Bravman confirmed that he agrees with Dr. Sechen that the accused TRENCHSTOP 5
`
`products literally infringe this element. CX-00554C at 138:3-6
`
`Specifically, Dr. Sechen will testify that the
`
`
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`
`
`
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`165
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`

`
`
` CX-01996C.
`
`f)
`
`Element 8.6: “a conductive portion penetrating said
`insulating film and said source layer, being in contact
`with an upper surface of said source layer, and
`electrically connected to said source layer and said base
`layer”
`
`Except for the portion of this limitation reciting a conductive portion “being in contact with
`
`an upper surface of said source layer,” Dr. Bravman confirmed that he agrees with Dr. Sechen that
`
`the accused TRENCHSTOP 5 products
`
`literally infringe this element. CX-00554C at
`
`138:7-139:8 (
`
`(objection omitted)). Specifically, Dr. Sechen
`
`will testify that CX-00689, CX-01031C at 66,
`
`CX-00143C, CX-00144C, CX-00267C, and
`
`CX-00535C at 45:4-47:2,
`
`
`
`
`
`
`
`. CX-01996C. In
`
`particular, Dr. Sechen will testify that the cited documents and images demonstrate that the
`
`
`
`
`
`166
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`

`
`
`. CX-01996C. Further,
`
` Id. at 181:5-182:7.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`.
`
`As set forth
`
`in his
`
`reports, Dr. Sechen also will
`
`testify that the cited documents
`
`and images show that a portion
`
`of the conductive portion is in
`
`contact with an upper surface
`
`of said source
`
`layer. CX-
`
`01996C.
`
`In particular, Dr.
`
`Sechen will testify that,
`
`
`
`
`
`g)
`
`Element 8.7: “a source electrode formed on said
`insulating film and electrically connected to said
`conductive portions”
`
`Dr. Bravman confirmed that he agrees with Dr. Sechen that the accused TRENCHSTOP 5
`
`products literally infringe this element. CX-00554C at 139:10-17
`
`
`
`167
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`
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`Specifically, Dr. Sechen will testify that CX-00689, CX-00143C, CX-00144C, CX-00267CCX