Free Letter - District Court of Delaware - Delaware

Case 1:06-cv-00788-JJF

Document 117

Filed 01/08/2008

Page 1 of 4

MORRIS, NICHOLS, ARSHT & TUNNELL
1201 N O R T H M A R K E T S T R EE T P.O. B O X 1347 W I L M I N G T O N , D E L A W A R E 19899-1347 302 658 9200 302 658 3989 F A X
M A R Y B. G R A H A M 302.351.9199 [email protected]

LLP

January 8, 2008

VIA ELECTRONIC FILING The Honorable Joseph J. Farnan, Jr. United States District Court Federal Building 844 King Street Wilmington, DE 19801 Re: Dear Judge Farnan: I write on behalf of Freescale to address the status of discovery and the need for an extension of fact discovery currently set to end January 21, 2008. We seek an extension of roughly five weeks until February 29, 2008 to enable the parties to complete depositions and document discovery (and, correspondingly, we seek a protective order in connection with ProMOS's three recent Rule 30(b)(6) deposition notices ­ its third, fourth and fifth notices, Tabs 1-3). This extension would not prejudice ProMOS as trial is not scheduled to begin until June 30, 2008. REMAINING FACT DISCOVERY There is no reasonable way, prior to the current fact discovery deadline, for Freescale to respond to and complete the broad discovery that ProMOS seeks. ProMOS's three most recent 30(b)(6) Notices, served just prior to and just after the holidays, cover 67 separate topics. Because of a nearly two-week shutdown of its facilities during the holidays, Freescale is still investigating the witnesses who will testify, but at this time, Freescale has already internally identified at least 10 individuals and expects that number to grow. The parties have been communicating to try to schedule some of these depositions, but it is apparent that it will be impossible to schedule them all before January 21, 2008. By way of context and example of the enormity of the task facing Freescale, incorporated as part of one of ProMOS's recent notices is a list of approximately 160 different ProMOS Technologies, Inc. v. Freescale Semiconductor, Inc. C.A. No. 06-788 (JJF)

Case 1:06-cv-00788-JJF The Honorable Joseph J. Farnan, Jr. January 8, 2008 Page 2

Document 117

Filed 01/08/2008

Page 2 of 4

Freescale products (see Tab 1). ProMOS seeks testimony regarding, inter alia, "[t]he features, functionality, uses and operation" and the "[r]esearch, development, testing and manufacturing" of each of those products. Those products were designed at Freescale facilities throughout the United States and the world by numerous different teams over a span of approximately 15 years. Regarding Freescale's understanding of the scope of discovery now sought, on November 30, ProMOS took the deposition of Mike Snyder, a 30(b)(6) designee of Freescale on documentation topics. After that deposition, and after the discovery discussion following the Markman hearing on December 13, the breadth of the detailed technical information that ProMOS seeks regarding each of Freescale's products became clear. With that level of technical detail sought by ProMOS now crystallized, Freescale is proceeding to try to locate and produce witnesses who can answer questions regarding each aspect of the approximately 160 different products. Furthermore, in the last month, the parties have communicated about additional documents sought by ProMOS that ProMOS believes will provide the additional technical details it seeks. While Freescale disputes this contention, it nonetheless is agreeing to produce additional documents in response to ProMOS's more detailed requests. The requested extension of the discovery deadline will allow Freescale the time needed to gather and produce the documentation sought by ProMOS, in advance of the depositions on technical subject matter that ProMOS just recently noticed. Finally, Freescale itself may need additional discovery after January 21, 2008. On October 25, 2007, Freescale noticed a foundational Rule 30(b)(6) deposition of ProMOS relating to the Fortin patent. This is a basic notice which Freescale has wanted in part to determine what other depositions it might need in the case relating to the Fortin patent. However, ProMOS has delayed producing a witness until January 16 and so Freescale may need, as a result of that deposition, to take some additional depositions or otherwise follow up on the witness's testimony. Moreover, ProMOS has still provided only some preliminary infringement contentions for the Fortin patent, and even less than that for the two Chan patents, and so Freescale may need to take some additional discovery once it finally receives infringement contentions from ProMOS. Also, Freescale has issued a number of subpoenas to third-parties and is still awaiting receipt of documents from those parties. Freescale may need to take depositions of these parties regarding documents, when they are finally produced. THE SCOPE OF PROMOS'S DISCOVERY Initially, ProMOS sought discovery so broadly that it encompassed nearly all of the documents in Freescale's possession. The parties communicated and cooperated to narrow the requests such that Freescale would produce only "critical technical" documents, so that ProMOS could determine what additional documentation it might need and possibly narrow the number of accused products. Additionally, Freescale asked that ProMOS identify representative products to reduce the burden on ProMOS to review documents and streamline the discovery process. The parties were unable to reach an agreement on representative products.

Case 1:06-cv-00788-JJF The Honorable Joseph J. Farnan, Jr. January 8, 2008 Page 3

Document 117

Filed 01/08/2008

Page 3 of 4

Freescale initially limited its inquiries and collection efforts to documents and information related to caches, cache controllers and associated hardware. Specifically, Freescale provided product level reference manuals that described caches, cache controllers and associated hardware, and it provided certain discovery of components within the products. Freescale, also, provided discovery regarding hardware related to the cache, cache controller, and discovery regarding the design and function of these portions of Freescale's products. These are the structures potentially covered by the claims of the patents-in-suit. Freescale also provided for inspection RTL code for cache, cache controller, and related hardware. Subsequent to that ProMOS pressed for additional discovery and Freescale complied and produced the complete RTL code for the accused products. Now, it is apparent that ProMOS seeks discovery related to all aspects of the Freescale's products. While Freescale continues to believe that the discovery is not necessary, it is endeavoring to respond to each one of ProMOS's requests that has any reasonable or even remotely plausible relevance to this case. As mentioned above, the difficulty that Freescale faces is that the products at issue are manufactured and/or designed at Freescale's facilities throughout the United States and the world, including Israel and Brazil. Moreover, the design of a number of the accused cores and products dates back as many as ten years. It is simply unreasonable to expect that this discovery, and the depositions that will follow, can be completed in less than three weeks. FREESCALE'S MOTION TO ENFORCE To show good faith, Freescale has agreed to extend the time for ProMOS to respond to Freescale's Motion To Enforce this Court's October 31 Order which required ProMOS to produce its detailed infringement contentions within 10 days of Freescale's production of RTL code. The deadline for serving those contentions has long since passed, causing Freescale to seek the Court's assistance. Based on recent communications between the parties, Freescale expects, however, that ProMOS will assert in response to our motion that it still needs additional documentation before it can serve any infringement contentions. Accordingly, Freescale has agreed to give ProMOS more time, although Freescale is concerned that, without the fact discovery extension, it will have no ability to follow up with any discovery once ProMOS actually provides contentions. CONCLUSION In summary, Freescale very much desires to move beyond discovery disputes and resolve this matter on its merits. Freescale is diligently working to respond to each and every request from ProMOS, but requests an extension of time until February 29, 2008 so that it may reasonably provide discovery and so that it may have the opportunity to follow up on discovery relating to the Fortin and Chan patents. ProMOS will not be prejudiced given that trial is not until the end of June. Because ProMOS has not agreed to this extension, Freescale also asks for a protective order in connection with ProMOS's three recent Rule 30(b)(6) notices of deposition.

Case 1:06-cv-00788-JJF The Honorable Joseph J. Farnan, Jr. January 8, 2008 Page 4

Document 117

Filed 01/08/2008

Page 4 of 4

Because of the assignment of Judge Poppiti as Special Master in this case, we are also sending a copy of this letter to him. Respectfully,

/s/ Mary B. Graham
Mary B. Graham (#2256) MBG/dam cc: Dr. Peter Dalleo, Clerk (via e-filing and hand delivery) The Honorable Vincent J. Poppiti (via email and hand delivery) John G. Day, Esquire (via email) Steven J. Routh, Esquire (via email) Sten A. Jensen, Esquire (via email) David L. Witcoff, Esquire (via email)
1377440

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 1 of 25

TAB 1

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 12of 11 Filed 01/08/2008 Page of 25

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 06-788 (JJF)

PLAINTIFF PROMOS TECHNOLOGIES, INC.'S THIRD NOTICE OF 30(b)(6) DEPOSITION OF DEFENDANT FREESCALE SEMICONDUCTOR, INC. PLEASE TAKE NOTICE that pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, plaintiff ProMOS Technologies, Inc. will take the deposition of defendant Freescale Semiconductor, Inc. ("Freescale"), through its corporate designee(s), before a person authorized to administer an oath at the offices of Ashby & Geddes, 500 Delaware Avenue, 8th Floor, Wilmington DE 19899, commencing at 9:30 a.m. on January 14, 2007, or at such other date and time as counsel for the parties shall agree, and continuing from day to day until completed. The deposition may be recorded by audio-visual means as well as stenographically. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Freescale shall designate one or more officers, directors or managing agents, or other persons who consent to testify on its behalf concerning the subjects identified in Attachment A, and if more than one person is so named, designate for each person the subject or subjects on which that person will testify.

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 23of 11 Filed 01/08/2008 Page of 25

ASHBY & GEDDES /s/ John G. Day __________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Telephone: (302) 654-1888 [email protected] [email protected] [email protected] Attorneys for Plaintiff ProMOS Technologies, Inc. Of Counsel: William H. Wright Hogan & Hartson LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 785-4672 E-Mail: [email protected] Steven J. Routh Sten A. Jensen Hogan & Hartson LLP 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-6472 E-Mail:[email protected] [email protected] Dated: December 19, 2007
186810.1

2

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 34of 11 Filed 01/08/2008 Page of 25

ATTACHMENT A 1. The design, layout, architecture, and structure of each of the products listed in

Exhibit 1 hereto (each, a "Freescale Product" and collectively, the "Freescale Products"). 2. 3. The identity of any product that incorporates or includes any Freescale Product. Code names, project designations, product families, part numbers and any other

naming or grouping conventions used for Freescale Products. 4. The features, functionality, uses, and operation of each Freescale Product and of

each product that incorporates or includes a Freescale Product, including but not limited to the processor(s), core(s), cache memory(ies), cache controller(s), memory(ies), memory subsystem(s), memory controller(s), memory management unit(s), register(s), buffer(s), bus(es), bus interface unit(s), and all other portions thereof. 5. User manuals, reference manuals, workbooks, datasheets, microarchitecture

documents, block guides, specifications, and technical documents for each of the Freescale Products and/or the processor(s) or core(s) contained therein and/or each product that incorporates or includes a Freescale Product. 6. RTL documentation and circuit schematics for each Freescale Product and/or the

processors contained therein. 7. Research, development, testing, and manufacturing of each Freescale Product,

including the costs associated therewith. 8. Documents (such as communications, data sheets, promotional or marketing

materials) and things (such as demonstration boards or other implementations) provided by Freescale to or used by Freescale with its customers or distributors concerning the use of each Freescale Product and/or each product that incorporates or includes a Freescale Product, including

1

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 45of 11 Filed 01/08/2008 Page of 25

those relating to the installation, operation, structure, function, implementation and use of each Freescale Product and/or each product that incorporates or includes a Freescale Product. 9. Products. 10. Any efforts by Freescale to change or modify any Freescale Product to design The date of first use, first public use, and first sale for each of the Freescale

around any of the patents-in-suit, including all communications relating to such efforts. 11. Freescale's consideration of and views about the use of system or external memory,

including but not limited to why it is essential and which of the Freescale Products either have system or external memory or are specifically designed to work with system or external memory. 12. Any prior art related to the patents-in-suit, including but not limited to designs

developed within Motorola or Freescale. 13. Any contracts between Freescale and Motorola, whether written or otherwise,

including but not limited to any assumption by Freescale of Motorola's liability for any past, present, or future claims of infringement. 14. The features, functionality, uses, and operation of cache memory incorporated or

used by the Freescale Products, including but not limited to (a) the data path and connection between the cache memory and the executing units of the processor or core; (b) the data path and connection between the cache memory and the system, external or other memory; (c) data transmission between the cache memory and the executing units of the processor or core; (d) data transmission between the cache memory and the system, external or other memory; (e) the timing and the interdependency (or the lack of it) between (c) and (d), (f) circuits, functions, macros, programs or instructions related to the operation, function, or scheduling of cache memory, and (g) circuits, functions, macros, programs or instructions related to the operation, function, or

2

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 56of 11 Filed 01/08/2008 Page of 25

scheduling of transmission of data and control information to or from the cache memory and to or from any registers or buffers associated with the cache memory. 15. The similarities and differences between MC68060 and M68040, including but not

limited to similarities and differences relating to (a) the data path and connection between the cache memory and the executing units of the processor or core; (b) the data path and connection between the cache memory and the system, external or other memory; (c) data transmission between the cache memory and the executing units of the processor or core; (d) data transmission between the cache memory and the system, external or other memory; (e) the timing and the interdependency (or the lack of it) between (c) and (d). 16. The features, functionality, uses, and operation of circuits that affect the operation

of the cache memory incorporated or used by the Freescale Products, including but not limited to (a) cache controller, (b) control logic of the cache memory, (c) cache control registers (d) tag memory, (e) memory management unit, and (f) memory controller. 17. The features, functionality, uses, and operation of buffers, registers, or storage that

affect the operation of the cache memory incorporated or used by the Freescale Products and/or any product that incorporates or includes a Freescale Product, including but not limited to data transmission and data path between such buffers, registers, or storage and (a) cache memory, (b) the executing units of the processor or core, and (c) system, external or other memory. 18. The features, functionality, uses, and operation of system, external or other

memory incorporated or used by the Freescale Products, including but not limited to (a) data transmission and data path between system or external memory with Freescale Products, (b) the type, specification, and requirement for system, external or other memory so that it works with Freescale Products; (c) how and why Freescale Products use or operate with system, external or

3

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 67of 11 Filed 01/08/2008 Page of 25

other memory, and (d) the features of the Freescale products that are specifically designed to work with system, external or other memory. 19. Data coherency policy and snooping operation of the cache memory incorporated

or used by the Freescale Products. 20. Joint research and development effort relating to Freescale Products with third

parties, including but not limited to joint efforts with ARM Holding PLC ("ARM") and International Business Machines Corp. ("IBM"). 21. Indemnification, insurance, guaranty, surety, or agreement under which any third

party may be liable to satisfy part or all of a judgment of patent infringement relating to Freescale Products, including but not limited to any agreement between Freescale and Motorola, or any agreement between Freescale and ARM Holding PLC ("ARM"). 22. 23. The types and locations of documents relevant to each of the foregoing topics. The similarities and differences among each of the Freescale Products, including

similarities and differences relating to each of the foregoing topics.

4

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 78of 11 Filed 01/08/2008 Page of 25

EXHIBIT 1

603e e200 e200z1 e200z0 e200z6 e300 e300c2 e500 e500v2 e600 dual e600 G2 G4 8xx Coldfire v2 Coldfire v3 Coldfire v4 Coldfire v4e Coldfire v5 MC68060 ARM 920T ARM926EJ-S ARM1136JF-S 800 MHz/1GHz StarCore SC3400 DSP extended core 800 MHz/1GHz StarCore SC3400 DSP core SC1400 DSP 56300 any products that incorporate any of the foregoing cores MPC7400 MPC7450 MPC604 MPC604e MPC604ev MPC603

5

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 89of 11 Filed 01/08/2008 Page of 25

MPC603e MPC603ev MPC601 MPC620 MPC750 MPC740 MPC755 MPC2605 K2 8569 8526 MPC5200 MPC5200B MPC5510 MPC5553 MPC5554 MPC5561 MPC5565 MPC5566 MPC5567 MPC7410 MPC7445 MPC7455 MPC7447 MPC7457 MPC7447A MPC7448 MPC823 MPC823E MPC850 MPC852T MPC853T MPC855T MPC857DSL MPC857T MPC859DSL MPC859T MPC860 MPC860P MPC862 MPC866 MPC870

6

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Filed 01/08/2008

Page 9 ofof 25 Page 10 11

MPC875 MPC880 MPC885 MPC8247 MPC8248 MPC8250 MPC8255 MPC8260 MPC8264 MPC8265 MPC8266 MPC8270 MPC8271 MPC8272 MPC8275 MPC8280 MPC8313 MPC8313E MPC8321 MPC8321E MPC8323 MPC8323E MPC8343E MPC8347E MPC8349E MPC8358E MPC8360E MPC8533E MPC8540 MPC8541E MPC8543E MPC8544E MPC8545E MPC8547E MPC8548E MPC8555E MPC8560 MPC8567E MPC8568E MPC8641 MPC8641D MCF5206e MCF5207 MCF5208 MCF5211 7

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 10 of 11 Filed 01/08/2008 Page 11 of 25

MCF5212 MCF5213 MCF5214 MCF5216 MCF5232 MCF5233 MCF5234 MCF5235 MCF5249 MCF5270 MCF5271 MCF5272 MCF5274 MCF5274L MCF5275 MCF5275L MCF5280 MCF5281 MCF5282 MCF5307 MCF5327 MCF5328 MCF5329 MCF5372 MCF5372L MCF5373 MCF5373L MCF5407 MCF5470 MCF5471 MCF5472 MCF5473 MCF5474 MCF5475 MCF5480 MCF5481 MCF5482 MCF5483 MCF5484 MCF5485 MC68060 MC68LC060 MC68EC060 i.MX1 (MC9328MX1) i.MX21

8

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 101

Filed 12/19/2007 Page 11 of 11 Filed 01/08/2008 Page 12 of 25

i.MX21S i.MX27 i.MX31 i.MX31L i.MXL i.MXS MSC8144 MSC8144E MSC8144EC MSC7110 MSC7112 MSC7113 MSC7115 MSC7116 MSC7118 MSC7119 MSC7120 DSP56301 DSP56311 DSP56321 DSP56L307

9

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 13 of 25

TAB 2

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 14of 625 Page 1 of

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE PROMOS TECHNOLOGIES, INC., Plaintiff, v. FREESCALE SEMICONDUCTOR, INC., Defendant. ) ) ) ) ) ) ) ) )

Civil Action No. 06-788 (JJF)

PLAINTIFF PROMOS TECHNOLOGIES, INC.'S FOURTH NOTICE OF 30(b)(6) DEPOSITION OF DEFENDANT FREESCALE SEMICONDUCTOR, INC. PLEASE TAKE NOTICE that pursuant to Rules 26 and 30 of the Federal Rules of Civil Procedure, plaintiff ProMOS Technologies, Inc. will take the deposition of defendant Freescale Semiconductor, Inc. ("Freescale"), through its corporate designee(s), before a person authorized to administer an oath at the offices of Ashby & Geddes, 500 Delaware Avenue, 8th Floor, Wilmington DE 19899, commencing at 9:30 a.m. on January 14, 2007, or at such other date and time as counsel for the parties shall agree, and continuing from day to day until completed. The deposition may be recorded by audio-visual means as well as stenographically. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, Freescale shall designate one or more officers, directors or managing agents, or other persons who consent to testify on its behalf concerning the subjects identified in Attachment A, and if more than one person is so named, designate for each person the subject or subjects on which that person will testify.

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 15of 625 Page 2 of

ASHBY & GEDDES /s/ Lauren E. Maguire __________________________ Steven J. Balick (I.D. #2114) John G. Day (I.D. #2403) Lauren E. Maguire (I.D. #4261) 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 Telephone: (302) 654-1888 Telecopier: (302) 654-2067 [email protected] [email protected] [email protected] Attorneys for Plaintiff ProMOS Technologies, Inc. Of Counsel: William H. Wright Hogan & Hartson LLP 1999 Avenue of the Stars Suite 1400 Los Angeles, CA 90067 Telephone: (310) 785-4672 Facsimile: (31) 785-4601 E-Mail: [email protected] Steven J. Routh Sten A. Jensen Hogan & Hartson LLP 555 Thirteenth Street, NW Washington, DC 20004 Telephone: (202) 637-6472 Facsimile: (202) 637-5910 E-Mail:[email protected] [email protected] Dated: December 21, 2007
186851.1

2

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 16of 625 Page 3 of

ATTACHMENT A 1. The manufacturing process flows, process recipes, and any other process

information for any products manufactured during the period January 1, 2004 to the present using any variation of HiP 7 and/or HiP 8, including their identity and content. 2. The manufacturing process flows, process recipes, and any other process

information for any products manufactured during the time period January 1, 2004 to the present (other than the HiP7 and HiP8 flows identified in Topic No. 1), including but not limited to all processes identified in Exhibit 6 to the Scott Bolton Deposition ("Bolton Exhibit No. 6"), including their identity and content. 3. The identification of any Freescale manufacturing process on which Freescale

intends to rely for any invalidity defense. 4. The manufacturing process flows, process recipes, and any other process

information for any processes identified in response to Topic No. 3 above, including their identity and content. 5. Separately for each process identified in Bolton Exhibit No. 6, the identification of

each product that is manufactured using each such process. 6. Code names, project designations, product families, part numbers and any other

naming or grouping conventions used for any product manufactured using any of the processes identified in Bolton Exhibit 6. 7. With respect to each process covered by topics 1-4 above, the process for forming

conductors that include a layer of tungsten overlying a layer of titanium nitride.

1

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 17of 625 Page 4 of

8.

The similarities and differences among the processes used to manufacture

Freescale products from December 2000 to the present, including the similarities and differences among the process flows, process recipes, and other process information. 9. The similarities and differences among the various HiP7 processes used to

manufacture Freescale products, including the similarities and differences among the process flows, process recipes, and other process information. 10. The similarities and differences among the various HiP8 processes used to

manufacture Freescale products, including the similarities and differences among the process flows, process recipes, and other process information. 11. With respect to each process covered by topics 1-4 above, any testing, imaging or

analysis performed by or on behalf of Freescale that relates to any changes in the physical structure of the device as a result of the RF Preclean step prior to the deposition of the Ti glue layer and/or TiN barrier layer during the qualification process or the manufacturing of Freescale products. 12. With respect to each process covered by topics 1-4 above, Freescale's efforts to test

or characterize the occurrence of volcanoes and/or voids in the tungsten layer during the qualification process or in manufacturing products. 13. With respect to each process covered by topics 1-4 above, Freescale's efforts to

measure the resistance of the tungsten based interconnect, both during the qualification of the process and during the manufacture of products. 14. With respect to each process covered by topics 1-4 above, any thickness

measurement data, procedures for making those measurements and the specification of the allowed thickness range of the titanium adhesion layer and the titanium nitride barrier layer.

2

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 18of 625 Page 5 of

15.

With respect to each process covered by topics 1-4 above, the temperatures and

duration of the rapid thermal anneal sequence used after the deposition of the TiN layer. 16. With respect to each process covered by topics 1-4 above, Freescale's efforts to

characterize the microstructure, such as the grain size and the crystallographic texture, of the TiN layer both before and after the nitrogen plasma treatment step. 17. With respect to each process covered by topics 1-4 above, Freescale's efforts to

measure the resistance of the TiN layer both before and after the nitrogen plasma treatment step. 18. With respect to each process covered by topics 1-4 above, the mechanism whereby

precursor or source materials used for the deposition of the TiN layer are released into the vapor phase in the deposition chamber. 19. With respect to each process covered by topics 1-4 above, the implementation or

qualification of the GLU-APOLLO process/recipe, including but not limited to any performance comparison tests with the previous process of record. 20. With respect to each process covered by topics 1-4 above, the design rules for

products manufactured using each such process, including but not limited to the length and depth of any tungsten metal lines made with a damascene or dual-damascene process, as well as the identity of the circuit elements in electrical contact with the tungsten metallization through the Ti/TiN glue/barrier layer. 21. With respect to each process covered by topics 1-4 above, the date of first use of the

process, the date of first public use of the process, and the date of first sale of any product manufactured using that process. 22. Freescale's efforts to change or modify any process to design around the Fortin

patent, including all communications relating to such efforts.

3

Case 1:06-cv-00788-JJF Document 117-2 Case 1:06-cv-00788-JJF Document 105

Filed 01/08/2008 Filed 12/21/2007

Page 19of 625 Page 6 of

23.

The types and locations of documents relevant to each of the foregoing topics.

4

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 20 of 25

TAB 3

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 21 of 25

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 22 of 25

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 23 of 25

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 24 of 25

Case 1:06-cv-00788-JJF

Document 117-2

Filed 01/08/2008

Page 25 of 25