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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` Case IPR2015-01277
` U.S. Patent No. 8,309,943
`- - - - - - - - - - - - - - - - - - x
`ASML NETHERLANDS B.V., EXCELITAS
`TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
` Petitioners,
`V.
`ENERGETIQ TECHNOLOGY, INC.,
` Patent Owner.
`- - - - - - - - - - - - - - - - - - x
`
` VIDEOTAPED DEPOSITION OF J. GARY EDEN, Ph.D.
` WilmerHale, LLP
` 60 State Street
` Boston, Massachusetts
`
`Reported by:
`MARYJO O'CONNOR, RMR, CSR
`JOB NO. 102208
`
`TSG Reporting - Worldwide
`(877) 702-9580
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`Energetiq Ex. 2006, Page 1, IPR2015-01279
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`APPEARANCES:
`
`PROSKAUER ROSE
` Attorney for Plaintiff:
` One International Place
` Boston, Massachusetts 02110
` BY: JINNIE REED, ESQ.
` STEVEN BAUER, ESQ.
`
`WILMERHALE
` Attorney for the Defendants:
` 60 State Street
` Boston, Massachusetts 02109
` BY: RICHARD GOLDENBERG, ESQ.
` BY: KEVIN PRUSSIA, ESQ.
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` Wednesday, January 27, 2015
` 9:09 a.m.
`
` VIDEOTAPED DEPOSITION of J. GARY
`EDEN, Ph.D., at the offices of WilmerHale, LLP
`60 State Street, Boston, Massachusetts, before
`MaryJo O'Connor, a Registered Merit Reporter,
`Certified Shorthand Reporter and Notary Public
`in and for the Commonwealth of Massachusetts.
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`APPEARANCES:
`
`WILMERHALE
` Attorney for the Defendants:
` 1875 Pennsylvania Avenue NW
` Washington, D.C. 20006
` BY: MICHAEL SMITH, ESQ.
`
`ALSO PRESENT: Phil Bucksbaum
` Peter Crowley, Videographer
`
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` J.G. Eden
` P R O C E E D I N G S
` VIDEO TECHNICIAN: This is the start
`of DVD labeled one of the videotaped deposition
`of Dr. J. Gary Eden, Ph.D. in the matter of ASML
`Netherlands B.V., et al, versus Energetiq
`Technology in the United States Patent and
`Trademark Office before the Patent and Trial
`Appeal Board, Action No. IPR2015-01277, U.S.
`Patent No. 8,309,943.
` This deposition is being held at the
`offices of Wilmer Hale, 60 State Street, Boston,
`Massachusetts, on January 27, 2016, at 9:09 a.m..
` My name is Peter Crowley. I'm the
`legal video specialist from TSG Reporting, Inc.,
`headquartered at 747 Third Avenue, New York,
`New York. The court reporter is MaryJo O'Connor
`in association with TSG Reporting.
` Will counsel please introduce
`yourself.
` MR. GOLDENBERG: My name is Richard
`Goldenberg representing the petitioner ASML and
`the witness Dr. Eden.
` With me here today are Kevin Prussia
`and Michael Smith, both also of Wilmer Hale.
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`Page 66
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` J.G. Eden
`portion of the light at a given wavelength is
`transmitted by a given thickness of the material.
`In other words, in the normal conventional sense.
` Q. Dr. Eden, in the context of the '000
`patent, what is your understanding of the word
`"sustain"?
` A. Can you tell me where you're looking,
`Ms. Reed? Are you still in the '000 patent, or
`are you looking at a particular occurrence of the
`term?
` Q. Dr. Eden, I'm still looking at
`Claim 1.
` A. Okay, thank you.
` Q. You're welcome.
` A. So the word "sustain" to me I
`interpret as extending the life; maintaining the
`plasma. So perhaps a synonym for "sustain" would
`be to maintain the existence of.
` Q. Is there a duration of time that the
`plasma would need to be maintained to meet the
`claim element "sustained" in your opinion?
` A. Well, Ms. Reed, let me suggest this.
`I don't have my declaration before me. You've
`read, I presume my declaration. And all of the
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`Page 68
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` J.G. Eden
` So it's very difficult to answer your
`question because the plasma can range over an
`extraordinary degree in electron density, for
`example. So I don't know how to answer your
`question.
` Q. If I direct your attention to
`Exhibit 2 in the '000 patent Column 21.
` A. Column 21?
` Q. Lines 12 through 15. This reads,
`"The laser source 704 then provides laser energy
`to the ionized medium to sustain the plasma 732
`which generates the high brightness light 736."
` In that context of the '000 patent,
`could you tell me how a person of ordinary skill
`in the art would understand the phrase "sustain
`the plasma"?
` A. Well, to use a vernacular expression,
`Ms. Reed, I would assume they would interpret it
`as to keep it alive. In other words, that the
`plasma would continue to exist.
` Q. How long does "continue to exist"
`mean?
` A. Oh, that's a function of the plasma
`itself and the electron lifetime.
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`Page 67
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` J.G. Eden
`issues that you're pursuing now are addressed in
`my declaration. So it would be very helpful if I
`were able to review my declaration.
` Q. Dr. Eden, are you referring to the
`'000 declaration or the -- because I believe you
`have that one in front of you.
` A. Oh, I do. That's true. Very good.
`I do. I forgot that I had it. Thank you,
`Ms. Reed.
` Q. You're welcome.
` A. So would you be so kind as to repeat
`your question?
` Q. Sure. Is there a duration of time
`that the plasma would need to be maintained to
`meet the claim element "sustained" in your
`opinion?
` A. Ms. Reed, the claim as it's written
`is very vague. So that issue is left unresolved.
` Q. Well, what's your understanding of
`"maintain"?
` A. Well, the broader -- let me mention
`that the broader context of the language that
`you're mentioning is it says "to maintain a
`plasma."
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` J.G. Eden
` Q. How long does "continue to exist"
`mean in the context of the '000 patent?
` A. I don't know because it's not clear,
`Ms. Reed. It doesn't tell me under what
`conditions. I cannot do a calculation based on
`what is given here.
` Q. Dr. Eden, directing your attention
`back to Exhibit 2 of the '000 patent, Claim 1.
`In the context of the '000 patent, can you tell
`me what is meant by "plasma-generated light"?
` A. Sure. I take that just to mean that
`the radiation that is generated by the plasma.
`The word "light" is used in a somewhat loose
`sense, but it's explained to some extent by what
`follows the word "light."
` Q. Would you agree that plasma-generated
`light in the '000 context would be brighter than
`an arc lamp?
` MR. GOLDENBERG: Objection, form.
` A. I think that's a conclusion that I
`can't confirm. Or that's an assertion I can't
`confirm.
` Q. Dr. Eden, if I could direct your
`attention to Exhibit 1, your '000 declaration,
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` J.G. Eden
`innovative?
` MR. GOLDENBERG: Objection.
` A. Well, you're making a qualitative
`statement in connecting a number of things,
`Ms. Reed. The passage that you just read from
`this document indicates that the improvement is
`the result of a combination of factors. And it's
`impossible from this document to say just what
`the source contributed to the improvement of
`performance. And you're implying, but you're not
`saying, that this improvement was due to one of
`your client's lamps.
` Q. Do you know if in the industry there
`was a need for a brighter light?
` A. I don't know that there was in the
`industry, but I would assume that there is; that
`improvements in all aspects of the optical system
`are always welcome.
` Q. And would you agree that ASML
`identified the increase in the total amount of
`light as one of the new aspects of their
`metrology tool?
` MR. GOLDENBERG: Objection.
` A. Well, it's very difficult to tell
`
`Page 80
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` J.G. Eden
`going to be marked as Exhibit 5.
` (Eden Exhibit 5, Document entitled
`"Optical Engineering" December 2003, Volume 42
`Number 12 ISSN 0091-3286, marked for
`identification)
` Q. Dr. Eden, do you recognize this
`document?
` A. I certainly do.
` Q. Could you tell me what it is?
` A. Well, it's the -- a copy of the cover
`of the December 2003 issue of Optical
`Engineering. It's the first page, front and
`back. And then you have supplied a copy of an
`article that I and my colleagues wrote that
`appeared in that same issue, December of 2003.
` Q. If I could direct your attention to
`that, it says 3612 at the bottom, the first page
`with your name as the author and your colleague's
`name as the author in the abstract.
` In there in the abstract you write,
`"A near-infrared 1.315"; is that correct?
` A. That's what it says. That's correct.
` Q. So in your opinion would
`near-infrared include -- strike that.
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` J.G. Eden
`what ASML intended or how they view the
`development. It is, in the short passage that
`you've given me, a document I've never seen
`before, it appears to be a positive development.
` Q. Dr. Eden, in Exhibit 1, which is your
`declaration regarding the '000 patent, you gave a
`proposed construction for light, correct?
` A. I believe that is correct. Are you
`referring to a specific page, Ms. Reed?
` Q. Yes. Dr. Eden, if I could direct
`your attention to Paragraph 36. Doctor, are you
`there? At Paragraph 36?
` A. I am indeed.
` Q. And you gave some ranges for the
`meaning of light, correct?
` A. I suggested some intervals, if you
`will, that are -- in wavelength that are
`associated with different spectral regions.
` Q. Now, is this your own understanding
`of the different spectral regions?
` A. It is my understanding, but I, for
`the purposes of this declaration, adopted the
`definition given by Bill Silfvast.
` Q. Dr. Eden, if I could hand you what's
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` J.G. Eden
` In your opinion would near-infrared
`be above 1,000?
` A. Yes. I think it's been a long time
`ago, but my recollection is that the definition
`that's offered there is slightly longer than the
`limit that I'm proposing in the '000 declaration.
` Q. So, Dr. Eden, in your opinion
`near-infrared could be above 1,000; is that
`correct?
` A. The more common understanding of the
`limits of the near-infrared, or any other
`spectral region, I think are represented in my
`statement in the '000 declaration.
` Q. But we can agree that you have
`authored a paper where near-infrared was above
`1,000, correct?
` A. That's correct. It's a little bit
`beyond the limit that I'm proposing in the '000.
`But I have to say that in my courses and work for
`at least the last 20 years, I've told my students
`that the infrared, by general agreement in the
`community, ends at about 1,000 nanometers.
` Q. Thank you, Dr. Eden.
` MS. REED: Let me mark what's going
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` J.G. Eden
`ultraviolet, you proposed a range of 200
`nanometers to 400 nanometers; is that correct?
` MR. GOLDENBERG: Objection, form,
`foundation.
` A. That is correct. That is the
`commonly-accepted boundaries of the ultraviolet.
` Q. If I could direct your attention to
`Exhibit 2, the '000 patent, Column 20, Lines 32
`to 35 this reads as "Ultraviolet light is
`electromagnet energy with a wavelength shorter
`than that of visible light, for instance between
`about 50 and 400 nanometers."
` Did I read that correctly?
` A. You did.
` Q. So in your opinion would a person of
`ordinary skill in the art reading this passage of
`the '000 patent think that ultraviolet light was
`lower than your 200 to 400 range?
` A. Someone who is skilled in the art
`knows where the boundaries of the various
`spectral regions are, Ms. Reed. And they would
`probably assume, as I did, that the author was
`referring to the ultraviolet writ large, that the
`ultraviolet consists of the region between 200 to
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` J.G. Eden
` A F T E R N O O N S E S S I O N
` VIDEO TECHNICIAN: The time is now
`1:07 p.m.. This begins DVD number three of
`today's deposition. We are back on the record.
`By MS. REED:
` Q. Dr. Eden, did you discuss any of your
`testimony this morning with counsel during break?
` A. No.
` Q. Dr. Eden, would you agree that
`Gärtner discloses a light source?
` A. Yes, he does.
` Q. And do you agree that Mourou
`discloses a light source?
` A. Yes.
` Q. And would you agree that Kensuke
`Murai discloses a light source?
` A. I don't remember Kensuke in detail;
`but my recollection is, yes, Kensuke also
`describes a light source.
` Q. Dr. Eden, do you agree that a person
`of ordinary skill in the art would have known
`that sufficient absorption of the laser radiation
`by the plasma is needed to sustain the plasma,
`correct?
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` J.G. Eden
`400 nanometers, which is the normal range for
`ultraviolet light, but that at lower wavelengths
`is the vacuum ultraviolet, and below that is the
`extreme ultraviolet.
` Q. Thank you, Dr. Eden. I think now is
`a good time to break.
` VIDEO TECHNICIAN: The time is now
`12:09 p.m.. This concludes DVD number two of
`today's deposition. We are off the record.
` (Proceedings recessed at 12:09 p.m.
`for the luncheon recess.)
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`Page 89
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` J.G. Eden
` MR. GOLDENBERG: Objection.
` A. Are you referring to a particular
`part of one of my declarations, Ms. Reed?
` Q. No. I'm just asking you a question,
`Dr. Eden.
` A. Okay. Could you repeat the question?
` Q. Sure. Do you agree that a person of
`ordinary skill in the art would have known that
`sufficient absorption of the laser radiation by
`the plasma is needed to sustain the plasma?
` MR. GOLDENBERG: Objection, form.
` A. That's a very vague question,
`Ms. Reed. Can you make it a bit more
`quantitative?
` Q. Would a person of ordinary skill in
`the art known that the plasma needed to absorb
`the laser energy?
` MR. GOLDENBERG: Objection, form.
` A. For the type of -- I presume you're
`talking to the type of light source that is
`described in the patents at issue as well as, for
`example, Gärtner that involves a laser-produced
`plasma. One of the critical aspects of it is
`that the plasma absorbs the laser light, that is
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`correct.
` Q. So you agree that one of the critical
`aspects of a laser-produced plasma is that the
`plasma absorbs the laser light, correct?
` MR. GOLDENBERG: Objection, form.
` A. I wouldn't call it a critical aspect,
`but it is one aspect. That is certainly so.
` Q. Dr. Eden, I'm quoting your own
`testimony here where you said "one of the
`critical aspects of [it] is that the plasma
`absorbs the laser light."
` A. And I'm simply saying that it is one
`aspect, that is true.
` Q. But when you just testified, you
`identified it as critical, correct?
` A. Right. And it's one of the aspects
`that's necessary for the functioning of the light
`source.
` Q. So let me ask it one more time. Do
`you agree that one of the critical aspects of a
`laser-produced plasma is that the plasma absorbs
`the laser light?
` MR. GOLDENBERG: Objection, form.
` A. It's one of the aspects of the
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` J.G. Eden
`plasma and that the functionality and brightness
`of a light source depend on the wavelength at
`which the laser operates," correct?
` A. That statement is correct.
` Q. And you're not changing that
`statement now, correct?
` A. No; I have no interest in changing
`it. It's simply one way to say it.
` Q. As a result, it's fair to say that a
`person of ordinary skill in the art would have
`understood the wavelength of the laser to be a
`critical parameter; is that correct?
` MR. GOLDENBERG: Objection, form.
` A. I wouldn't insert the word
`"critical." It's one of the parameters.
` Q. But the quote that I just read from
`Paragraph 85 you state that "The functionality
`and brightness of a light source depends on the
`wavelength at which the laser operates," correct?
` A. Oh, absolutely. It depends on the
`wavelength at which the laser operates. It
`depends on other aspects of the laser as well.
` Q. So would it be fair to say that this
`is a critical parameter for illuminating wafers
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`operation of the light source that is necessary
`for it to function.
` Q. And by "function," do you mean
`sustain the plasma?
` A. I mean to generate light.
` Q. Do you agree that a person of
`ordinary skill in the art would know that the
`functionality and brightness of a light source
`depends on the wavelength at which the laser
`operates?
` MR. GOLDENBERG: Objection, form.
` A. I've used that phrase in the
`declaration, but I think I would reverse it; that
`the wavelengths generated by the source would be
`chosen so that it would meet the particular
`application.
` Q. Dr. Eden, if I could direct your
`attention to Exhibit 1, which is your '000
`declaration, Paragraph 85.
` A. (Whereupon the witness complies.)
` Q. And Paragraph 85 of your declaration,
`you write, "A person of skill in the art would
`know that the functionality of a light source
`depends on the laser energy being directed to the
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` J.G. Eden
`in the semiconductor industry?
` MR. GOLDENBERG: Objection, form.
` A. No, I would not say that.
` Q. You would disagree that brightness of
`the light source is not a critical parameter?
` MR. GOLDENBERG: Objection, form.
` A. That's not what you asked me a moment
`ago.
` Q. Well, I wasn't finished yet before
`counsel objected.
` Dr. Eden, let me rephrase. I asked
`you earlier: Would you agree that a person of
`ordinary skill in the art would have understood
`the wavelength of a laser to be a critical
`parameter?
` MR. GOLDENBERG: Objection. If
`that's the question, objection, form.
` A. Ms. Reed, I believe I've already
`testified that the wavelength of the laser that
`generates the plasma is one of the parameters
`that determines the performance of the light
`source.
` Q. Would you agree that the brightness
`of the light depends on the wavelength of the
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`laser?
` MR. GOLDENBERG: Objection, form.
` A. Very weakly. The dependence -- the
`dependence of the brightness of a light source on
`the wavelength is very slight. It's much more
`dependent on the power that is deposited per unit
`volume in the plasma.
` Q. Dr. Eden, if you could answer my
`question yes or no. Would the brightness of the
`light depend on the wavelength of the laser?
` MR. GOLDENBERG: Objection, form.
` A. And I am answering your question,
`Ms. Reed, by saying it does, but only weakly.
` Q. But you didn't write it does but only
`weakly in Paragraph 85 of your declaration,
`correct?
` A. That is correct.
` Q. You wrote, "A person of skill in the
`art would know that the functionality of a light
`source depends on the laser energy being directed
`to the plasma and that the functionality and
`brightness of a light source depend on the
`wavelength at which the laser operates," correct?
` A. I did. But may I also point out to
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`Page 96
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` J.G. Eden
`the variation with wavelength is lambda squared.
` Q. What do you mean by "if everything is
`held constant"?
` A. Well, what I mean by that is that
`inverse bremsstrahlung, as I'm sure a number of
`people in this room understand, is the absorption
`of a photon by a free electron and a heavy
`particle, that is a gas atom such as xenon.
` So that the absorption depends on not
`only the wavelength of the laser, but the
`electron density as well as the pressure, the
`number density of the neutral atoms.
` So we can certainly focus on the
`lambda square dependence, but it would not
`describe or reflect well the history of the
`development of laser-produced plasma light
`sources if we focused only on the wavelength.
` Q. Would you agree that the inverse
`bremsstrahlung theory would have been known by a
`person of ordinary skill in the art at the time
`of Gärtner, which is 1985?
` A. Yes. I do agree with that.
` Q. And would you agree that the inverse
`bremsstrahlung theory would have been known by a
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` J.G. Eden
`you that the sentence following states that "A
`person of skill in the art would know that
`implementing a laser operating at a wavelength
`range of up to 2 microns would result in an
`efficient system."
` So that suggests a range of
`wavelengths over which the system will function
`well.
` Q. Would you agree that the laser
`wavelength range affects whether -- strike that.
` Dr. Eden, you agree that absorption
`by the plasma is proportional to the laser
`wavelength squared, correct?
` A. That is correct, if everything else
`is held constant. The absorption by the plasma
`due only to the process of inverse
`bremsstrahlung, which you did not mention in your
`question, varies as the wavelength squared, that
`is correct.
` Q. So you would agree that inverse
`bremsstrahlung states that absorption by the
`plasma is proportional to the laser wavelength
`squared, correct?
` A. If everything is held constant, then
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`person of ordinary skill in the art as of 2006?
` A. I agree with part of your statement.
`I wouldn't call it inverse bremsstrahlung theory.
`Inverse bremsstrahlung is a process.
` So the process of inverse
`bremsstrahlung has been known for a long time.
`It's one of the fundamental interactions in
`optical physics.
` Q. So rephrasing, Dr. Eden, you would
`agree that the inverse bremsstrahlung process
`would have been known by a person of ordinary
`skill in the art at the time of 2006, correct?
` A. Yes, I agree with that statement.
` Q. Would you also agree that shorter
`wavelengths because of inverse bremsstrahlung
`absorb less effectively and so would have
`required greater power?
` MR. GOLDENBERG: Objection, form.
` A. The form of your question, Ms. Reed,
`assumes that nothing is done by one skilled in
`the art to offset the wavelength dependence of
`inverse bremsstrahlung that we were just
`discussing. That such a person would do nothing
`with respect to the electron density that's
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`available initially, would do nothing with
`respect to the background gas pressure, would do
`nothing with respect to the optical quality of
`the beam. That's why I'm resisting the focus on
`simply the lambda square dependence of inverse
`bremsstrahlung.
` Q. Dr. Eden, would you agree that laser
`heating of a plasma via inverse bremsstrahlung
`varies as the wavelength squared so that
`continuous laser sources having shorter
`wavelengths such as a neodymium YAG, for example,
`are absorbed less effectively and will require
`substantially greater laser output power levels
`to sustain the plasma?
` MR. GOLDENBERG: Objection, form.
` A. It appears to me that you're quoting
`from David Cremers' paper from years ago and, no,
`I don't agree with Dr. Cremers's conclusion.
` Q. Dr. Eden, if I could direct your
`attention to Paragraph 86 of the '000
`declaration, because I'm quoting your declaration
`that you cited to the Cross patent.
` A. I'm sorry, what page are you on?
` Q. It's Paragraph 86.
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` J.G. Eden
`levels to sustain the plasma, correct?
` MR. GOLDENBERG: Objection, form.
` A. Well, that's what Cross says, but it
`turns out Cross was wrong.
` Q. So you cited to something that was
`wrong in your declaration?
` A. I'm citing to something that
`acknowledges that shorter wavelength lasers can
`be used, Ms. Reed, to produce laser-generated
`plasma light sources, but that doesn't mean that
`I agree with Cross' conclusion. And history has
`proven that he is incorrect.
` Q. So you've written over 300
`publications, correct, Dr. Eden?
` A. That is correct.
` Q. And in your publications, do you
`usually cite to things that you do not agree
`with?
` MR. GOLDENBERG: Objection, form.
` A. Well, Ms. Reed, as you know, when one
`writes a scientific or engineering research
`paper, it's critical to put a current work in the
`context of that which has gone before. So it's
`perfectly appropriate, in fact, I think it's a
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` MR. GOLDENBERG: It's a long
`paragraph. Which page are you on?
` MS. REED: Oh, sorry.
` Q. I'm on Page 41 of Exhibit 1 of your
`'000 declaration.
` A. I'm there. Thank you.
` Q. And in Paragraph 86 did you cite to
`U.S. Patent No. 4,780,608 that states the
`following quote that I read?
` A. Yes, I believe you did quote from at
`least a portion of that quotation, that's
`correct.
` Q. And would you agree with that
`statement in your own declaration?
` A. Well, the statement is not my own, as
`you know, it's from Cross. And the primary
`purpose for putting it in is that Cross
`acknowledges that lasers of shorter wavelength
`have been used to produce plasma light sources.
` Q. But, Dr. Eden, you cite to the full
`sentence in Cross that talks about because you're
`using a shorter wavelength laser, that the plasma
`is absorbed less effectively and as a result
`requires substantially greater output power
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` J.G. Eden
`necessity to cite to the literature and to
`provide an accurate reflection of how the
`viewed -- the field was viewed at that time by
`Cross.
` Q. So can you explain for me why
`Cross -- why history has proven Cross incorrect?
` A. Oh, I'd be delighted to do that.
`Because since Cross wrote that, the world of
`lasers changed dramatically, Ms. Reed. The
`primary thing that happened, when Cross wrote
`this statement, carbon dioxide was the logical
`laser choice for producing plasmas. The lasers
`were large but they could produce enormous
`amounts of power. And they did so at a
`reasonable cost.
` But in the years since Cross and
`prior to 2006, we saw the introduction of at
`least two major classes of lasers that completely
`transformed the math, the calculus of how to make
`a laser-driven plasma light source.
` Q. What were the two major classes of
`lasers?
` MR. GOLDENBERG: Objection, form.
` A. Well, it's addressed in my
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`declaration, as you know, Ms. Reed, and so just
`reading down this page and the text to follow
`will answer your question.
` But, very briefly, the most important
`laser system were the diode-pumped fiber lasers.
`The titanium-doped sapphire system discussed by
`Mourou would be a second. And there were a
`couple of diode-pumped solid-state crystalline
`laser systems that would also be quite effective
`in this application.
` Q. But would a neodymium-doped YAG
`continuous laser with up to 100 watts -- sorry,
`excuse me -- 100 watts of power in 1984 been able
`to be used to sustain a plasma?
` A. Your question is a vague one. You'd
`need to give me more specific information about
`that laser. And, in particular, if you're
`referring to a laser anything similar to what
`David Cremers used, the laser that he used would
`not be appropriate.
` Q. Why would it not be appropriate?
` A. Because of one word in the
`description that he gives in his paper, Ms. Reed.
` Q. What is that word, Dr. Eden?
`
`Page 104
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` J.G. Eden
` (Eden Exhibit 7, Article entitled
`"Laser Spectroscopy and Its Applications" Marcel
`Dekker, Inc., by Leon J. Radziemski, marked for
`identification)
` Q. Have you seen this before?
` A. I believe I've seen portions of it in
`the past. I certainly know the individuals
`involved.
` Q. How would you describe this document?
` A. It appears to be a book that was
`published by Marcel Dekker in 1987.
` Q. If I could direct your attention to
`Page 115 Table 2.4.
` A. (Whereupon the witness complies.)
` Q. Dr. Eden, would the YAG laser listed
`on Table 2.4 of Exhibit 6 been able to sustain a
`plasma?
` A. Not at the higher power levels,
`because my recollection is that all of the
`high-powered continuous neodymium-doped YAG
`systems available at that time, Ms. Reed, were
`multimode as was David Cremers' laser.
` I had in my laboratory -- perhaps
`it's still there -- it's a 20 watt system, and it
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` A. The word "multimode."
` Q. What does the word "multimode" mean
`to you?
` A. It means that the laser is producing
`an output that is not in the lowest transverse
`mode.
` It's well-known to anyone skilled in
`the art that the focusability of laser radiation
`drops dramatically if the output contains more
`than a single transverse mode. That is what is
`known as the lowest order of mode, TEM00. It's a
`Hermite-Gaussian mode, and in a fiber it's a
`Laguerre-Gaussian mode.
` And so one could have 100 watts,
`1.064 microns and not achieve the high
`intensities that would be necessary to produce a
`plasma.
` So it's little wonder looking back
`that Dr. Cremers, who is a very accomplished
`individual, but was unsuccessful in realizing a
`plasma.
` Q. Dr. Eden, I'm going to hand you what
`I believe will be Exhibit 7.
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` J.G. Eden
`was highly multimode.
` Q. So in your opinion if a laser is
`multimode, then it will not sustain a plasma,
`correct?
` A. No, I did not say that. One can't
`simply specify the mode quality. It has to do
`with the power and if there is any background
`electron density present when the laser energy
`arrives.
` One cannot simply point to one aspect
`of the laser and reach a decision as to wheth