Full opinion text
OPINION FARNAN, District Judge. This action was filed by Solarex Corporation (“Solarex”) in 1987 alleging infringement of Plaintiffs United States Patent Numbers 4,064,521 (“the ’521 patent), 4,317,844 (“the ’844 patent”) and 4,217,148 (“the ’148 patent”) against ARCO Solar, Inc. (“ARCO”). RCA Corporation (“RCA”) who owned the patents in suit and had licensed them to Solarex was joined as a third party defendant. Later, RCA realigned itself as a plaintiff and filed its own complaint in the alternative for infringement. On May 2, 1989, RCA assigned the three patents in suit to Solarex. Solarex’s complaint was then amended on January 30, 1990, to reflect that it was the current owner of the patents. On February 28, 1990, ARCO was merged into a Delaware limited partnership, Siemens Solar Industries (“Siemens”). On August 7,1990 Siemens was added as a defendant in this action. Defendants deny infringement of the patents in suit and have raised claims for declaratory judgment of noninfringement, invalidity, and unenforceability. Defendants also challenge Solarex’s standing to sue for infringement. All parties agree that this Court has jurisdiction over the parties and the subject matter on RCA’s patent infringement claim pursuant to 28 U.S.C. § 1338(a). Venue is proper in this District for this claim pursuant to 28 U.S.C. § 1400(b). The parties are in dispute, however, with respect to jurisdiction and venue regarding Solarex’s claims for patent infringement. Solarex alleges that jurisdiction and venue are proper pursuant to 28 U.S.C. §§ 1338(a) and 1400(b), respectively. Defendants challenge the Court's jurisdiction over these claims alleging that Solarex lacks standing to bring this action. The parties agree that if the Court concludes Solarex has standing then jurisdiction and venue are proper pursuant to 28 U.S.C. §§ 1338(a) and 1400(b), respectively. The Court has jurisdiction over defendants’ claims for a declaratory judgment pursuant to 28 U.S.C. §§ 1331 and 1338(a). Finally, all parties have stipulated that the Court has personal jurisdiction over them. The Court conducted a bench trial in this action on the issues of infringement, willful infringement, validity, enforceability, and standing. The issue of damages and an issue concerning a license between RCA and Siemens AG from which Siemens Solar claims to benefit, was severed to be tried at a later date. In accordance with Fed. R.Civ.Proc. 52(a), this Opinion shall constitute the Court's Findings of Fact and Conclusions of Law on the issues of standing, infringement, willful infringement, validity, and enforceability. Because the Defendants challenge the jurisdiction of the Court to hear the claims raised by Solarex, the Court will first address Solarex’s standing to bring this action. I. STANDING The United States Constitution limits the jurisdiction of the federal courts to adjudicating “cases or controversies.” U.S. Const. Art. Ill, § 2. A prerequisite under Art. Ill’s case or controversy requirement is that the party seeking to invoke the jurisdiction of a federal court must have standing to do so. A plaintiff must prove three elements to establish standing: (1) personal injury in fact, (2) injury fairly traceable to the alleged unlawful conduct, and (3) the requested relief will redress the injury. Valley Forge Christian College v. Americans United for Separation of Church and State, 454 U.S. 464, 472, 102 S.Ct. 752, 758, 70 L.Ed.2d 700 (1982). Although the standing issue in this case grew more complicated and confused as the litigation continued, the basic arguments of the parties remained fairly consistent. ARCO alleges that Solarex does not have standing because as a “mere” non-exclusive licensee, Solarex does not possess a sufficient personal interest in the patents. Solarex, on the other hand, advances three main arguments in support of its standing: (1) the May 2, 1989 assignment from RCA to Solarex of all of RCA’s rights in the patents in issue, and the subsequently amended complaint are sufficient to confer standing on Solarex; (2) Solarex was an exclusive licensee at the time it initiated the lawsuit; and (3) the presence of RCA as plaintiff, alleging infringement against ARCO precludes dismissal based on Solarex’s alleged lack of standing. The parties have raised numerous factual and legal arguments for and against a finding of standing. The Court has considered all of the arguments raised by both parties, but does not deem it necessary to address each one individually. The Court concludes that Solarex does have standing to sue ARCO for patent infringement. First, the Court finds that Solarex is an exclusive licensee. An exclusive licensee, as opposed to a non-exclusive licensee, has standing to sue for infringement against those operating within the scope of exclusivity without authority. Independent Wireless Telegraph Co. v. Radio Corp. of America, 269 U.S. 459, 468, 46 S.Ct. 166, 169, 70 L.Ed. 357, reh’g denied, 270 U.S. 84, 46 S.Ct. 224, 70 L.Ed. 481 (1926). The policy behind granting an exclusive licensee standing to sue is best articulated in Philadelphia Brief Case Co. v. Specialty Leather Prods. Co., 145 F.Supp. 425, 428 (D.N.J.1956), aff'd, 242 F.2d 511 (3rd Cir.1957)). [S]ince the creation of such rights in the ... exclusive licensee ... prevents the proprietary owner of the patent from creating further rights therein in unknown third parties, this so-called exclusive licensee ... comes so close to having truly proprietary interests in the patent, that courts have held that he is equitably entitled to sue on the patent, provided he joins the true proprietor of the patent in such suit, either as a willing or unwilling plaintiff or defendant.... Whether or not a party is an éxclu-sive licensee must be determined according to this policy. Specifically, if the patent owner is precluded from granting further licenses after the date of the license, then the license is exclusive. See 6 Donald S. Chisum, Patents § 21.03[2][c] (1992). Thus, the Court’s inquiry into whether So-larex has standing as an exclusive licensee must begin with an examination of the RCA-Solarex agreements. The “Original Agreement” entered into on August 18,1983 between RCA and Sola-rex granted Solarex exclusive and non-exclusive license rights under a number of U.S. patents then owned by RCA. (PX-198 and DX-16). The exclusive rights granted were to run until December 31, 1986 and were subject to four pre-existing rights. As such, in the Original Agreement RCA granted Solarex: an exclusive license, right and privilege under the Subject Patents to manufacture, use, sell, lease or otherwise dispose of Contract Apparatus. (DX-16 and PX-198, Article IV, Section l(a)(i)). The Subject Patents were defined as: those United States Patents of RCA listed in Appendix A to this Agreement and, in addition, shall include any United States Patents which issue in favor of RCA based upon any of the patent applications or invention disclosures listed in Appendix A. (DX-16 and PX-198, Article I, Section 1(e)). Appendix A, which contains a list of all Subject Patents, includes the three patents at issue here. (DX-16 and PX-198, Appendix A). The agreement then defined Contract Apparatus as: amorphous silicon solar panels (exclusive of hardware, i.e., frames and junction boxes) comprising one or more solar cells which generate current by the absorption of light by amorphous silicon designed or adapted for the generation of electrical power. (DX-16 and PX-198, Article I, Section 1(f)). Further, pursuant to the agreement, So-larex was granted: (ii) an exclusive license, right and privilege under the counterparts of the Subject Patents of all countries of the world other than Japan to manufacture Contract Apparatus, and a non-exclusive license, right and privilege under such Patents to use, sell, lease or otherwise dispose of Contract Apparatus; and (iii) a non-exclusive license under all other Patents of RCA, including RCA’s Patents of Japan excluded from the foregoing Section (l)(a)(ii), to manufacture, use, sell, lease and otherwise dispose of Contract Apparatus. (DX-16 and PX-198, Article IV, Sections l(a)(ii) and (iii)). RCA’s Patents were defined as patents owned, controlled and/or obtained by RCA at any time during the term of this Agreement with respect to which and to the extent to which, and subject to the conditions under which, RCA shall have the right to grant licenses or any other rights granted by RCA pursuant to the terms of this Agreement, specifically including pre-existing rights of third parties as set forth in letter to Solarex of even date herewith and attached hereto as Appendix B. (DX-16 and PX-198, Article I, Section 1(d)). Section 1(g) of Article IV stated that the licenses granted under Section 1, including the exclusive license in Sections (l)(a)(i) and (ii) were subject to certain preexisting rights under prior agreements between RCA and different entities as set out in Appendix B. (DX-16 and PX-198, Article I, Section 1(g)). Appendix B first describes the pre-existing non-exclusive licenses under RCA’s patents. Appendix B goes on to list five contracts between RCA and the federal government under which RCA conducted extensive research. With regard to these government contracts, the letter stated: Although RCA was successful in obtaining an advance patent waiver in the case of each of [the Government] contracts, the terms and conditions included therein impose ongoing obligations upon RCA which could impact the exclusive rights granted Solarex under the Agreement. Solarex understands and confirms that the rights granted under the Agreement are of necessity, subject to the foregoing licenses and rights. (DX-17 and PX-198, Appendix B). Among Solarex’s rights under the agreement was the right to sublicense its exclusive rights and to bring or defend lawsuits for infringement of the licensed patents. (DX-16 and P-198, Article IV, Section 1(d) and Article VII, Section 6(e)). In granting the right to bring suit the agreement stated that: Nothing contained in this agreement shall be construed as: (e) conferring on Solarex any right or obligation to prosecute or defend any action pertaining to RCA’s Patents, except that so long as Solarex’s exclusive license is in force with respect to the Subject Patents, Solarex may prosecute or defend any action with respect to the Subject Patents for its own benefit and at its own expense; it being understood that nothing herein set forth shall require RCA, or limit RCA’s right, to prosecute or defend actions pertaining to its Patents. (DX-16 and PX-198, Article VII, Section 6(e)). On June 1, 1985 RCA and Solarex entered into a supplemental agreement (“the Supplemental Agreement”) which amended the 1983 Original Agreement. (DX-18 and PX-199, Supplemental Agreement). In the Supplemental Agreement, Solarex agreed not to assert any Patents controlled by it against a pre-existing licensee of RCA licensed to manufacture in Japan, and to use, sell, lease, or otherwise dispose of Contract Apparatus (“Japan licensee”), as long as the Japan licensee mutually agreed not to assert its patent rights against Contract Apparatus manufactured in the United States by Solarex. (DX-18 and PX-199, Supplemental Agreement, It 4, Appendix A). In exchange for Solarex’s covenant RCA terminated the compensation provisions contained in the Original Agreement, and agreed that the compensation for the licenses granted under the Original Agreement and the Supplemental Agreement was paid in full. (DX-18 and PX-199, Supplemental Agreement, 116). In addition, the Supplemental Agreement extended the exclusive licenses to the full term of the Original Agreement. (DX-18 and PX-199, Supplemental Agreement, II2). Reading the Original agreement together with the Supplemental agreement, the Court concludes that RCA granted So-larex an exclusive license. The agreements granted Solarex (1) the right to exclude others from making, using and selling the subject matter of the patents, (2) the right to grant sublicenses in the patents to others, and (3) the right to sue infringers. The fact that Solarex’s exclusive rights were subject to the rights of pre-existing non-exclusive licenses is not surprising; RCA could not transfer that which it did not own. Nor are the pre-existing nonexclusive licenses fatal to Solarex’s status as an exclusive licensee. A license may be exclusive even though the owner had granted a non-exclusive license prior to the exclusive license. Paul E. Hawkinson Co. v. Carnell, 112 F.2d 396, 398 (3d Cir.1940). The significant fact is that RCA itself retained no rights in the licensed patents. RCA was precluded, subject to the agreed upon limitations in the case of the government contracts, from granting further licenses in the patents. Solarex’s licenses were not made less exclusive by RCA’s prior contracts with the federal government. As RCA points out, these provisions obligating RCA to grant licenses to third parties were so limited by the contract as to be virtually meaningless. In fact, the provisions had never been invoked by the federal government. Moreover, both Solarex and RCA, the only two parties to the licensing agreements, believed that the agreements granted Solarex an exclusive license. In its complaint filed on April 15, 1988, RCA alleged: “RCA believes that (a) plaintiff Solarex Corporation (“Solarex”) has an exclusive license under the patents in suit in the field of solar cells and panels — ” (D.I. 117) (RCA’s Complaint in the Alternative, April 15, 1988). Second, and aside from the question of whether Solarex was an exclusive licensee at the initiation of this suit, the Court concludes that considerations involving the policy underpinnings of standing, and judicial economy warrant finding that Solarex has standing. At the outset of the trial, Solarex filed a complaint against RCA and ARCO as defendants. RCA was subsequently realigned as a plaintiff by order of the Court. RCA then filed a complaint raising the same patent infringement claims as Solarex. Therefore, in terms of standing, the Court was assured that it had the real party in interest before it alleging a genuine controversy. RCA then moved to be dismissed from the suit. Initially, this motion was opposed by ARCO. ARCO argued that such a dismissal would waste the Court’s time, and prejudice ARCO. “It would be extremely unfair to ARCO and wasteful of the Court’s time to allow a duplicative action to be filed by Solarex after a finding by this Court that Solarex has no standing in this suit.” (Memorandum of ARCO Solar, Inc. in Opposition to RCA’s Motion to Dismiss, at 23 (February 2, 1990)). At a later stage in the litigation, ARCO and RCA reached an agreement whereby ARCO would support dismissal of RCA. Now, after the Court has dismissed RCA, Defendants ask the Court to dismiss Solarex due to lack of standing. It is clear from reading the Original Agreement together with the Supplemental Agreement and the subsequent assignment of the patents from RCA to Solarex, that Solarex is the real party in interest — the party that has suffered legal injury — and has been so from the outset of the litigation. Thus, as the Defendants so eloquently stated, it would be “wasteful of the Court’s time” to now find that Solarex does not have standing in this suit. Equally important, no policy underlying the standing requirement would be furthered by a finding that Solarex does not have standing. II. FACTUAL BACKGROUND A. Basic Concepts Relating to the Patents' As previously stated, the patents in suit relate to semiconductor devices. Specifically, the devices are photovoltaic devices such as solar cells which have a body of amorphous silicon fabricated by glow discharge in silane. Some basic information concerning the science pertinent to the patents may prove helpful. All matter is made from atoms. Atoms are comprised of three particles: protons, which are positively charged; electrons, which are negatively charged; and neutrons. (Transcript, pp. 648-649; DX-171). An atom contains equal numbers of electrons and protons and this number determines the elements identity. (DX-171). The atom’s nucleus is comprised of protons and neutrons while the electrons orbit around the nucleus in a determinable manner. (Transcript, pp. 649-650). The number of electrons is limited per level of orbit. In the first level, a maximum of two electrons are permitted. (Transcript, p. 654). In the second level, up to eight electrons are permitted. (Transcript, p. 654). In the third level, eighteen electrons can be accommodated. If eight are present the atom is considered stable and unlikely to have much physical or chemical interaction with its neighbors. (Transcript, pp. 653-654). Normally, each orbit level is maximized before a new orbit level is begun. Thus, for instance, phosphorous which has fifteen electrons has three orbits: two electrons in the first level, eight in the second, and five in the outermost orbit. (DX-171; Transcript, p. 659). Atoms always strive for a closed shell configuration, in that they desire to be stable through giving away, sharing or receiving electrons in the last orbit until it is filled. (Transcript, pp. 664, 667). The electrons in the outermost orbit are referred to as valence electrons. (DX-171; Transcript, p. 662). Thus, phosphorous has five valence electrons. Boron, an element with five electrons and protons has three valence electrons residing in the second orbit. (DX-171; Transcript, p. 656). Another element of interest in this case is silicon. Silicon has fourteen electrons with four valence electrons residing in the third orbit. (DX-171; Transcript, pp. 657-658). Electrons in higher orbits possess greater energy than those in the lower orbits. Therefore, valence electrons, because they are in the outermost orbit, possess the greatest energy. (DX-171; Transcript, pp. 651, 672-673). A molecule is a combination of atoms. Molecules are formed by atoms sharing their valence electrons. (DX-172; Transcript, pp. 667-669). Silane (SiH4), a molecule of interest in this case, is formed by one atom of silicon combined with four atoms of hydrogen. (Transcript, pp. 669-670). A silicon atom contains fourteen protons and electrons. Thus, there are three orbits of electrons: two in the innermost orbit, eight in the second and four in the outermost orbit. (DX-171; Transcript, pp. 657-658). Crystalline silicon is formed when a large number of silicon atoms are bonded together by each atom sharing their valence electrons. (PX-230, p. 11). Every silicon atom bonds with four nearby silicon atoms forming a geometric crystal called a tetrahedron. (PX-264; Transcript, pp. Ill, 672). In crystalline silicon, each silicon atom is held in place at a fixed distance and angle from the neighboring silicon atom. This fixed formation is called a crystal lattice. (Transcript, pp. 110-111; PX-230, p. 11). The distance between silicon atoms in a silicon crystal is measured in angstroms. Each silicon atom in a silicon crystal lattice is approximately 2.35 angstroms away from its neighbor. (Transcript, p. 113). In addition, the angle between silicon atoms in crystalline silicon is 109.47 degrees. (Transcript, p. 113). Because each silicon atom in crystalline silicon is held at a fixed distance and angle from its neighbor, once you have located one silicon atom in a crystalline silicon you can readily determine the location of its four nearest neighbors making up the tetrahedron. This precise arrangement of one silicon atom with its nearest neighbors in a crystalline silicon is termed short-range order. (Transcript, p. 109). All crystalline silicon possess short-range order. Crystalline silicon also has long-range order. Long-range order indicates the periodicity of a silicon matrix over the entire extent of the crystal lattice. (Transcript, p. 115). In other words, long-range order describes the repetition of the pattern over the size of the crystal. (Transcript, pp. 113, 115). While all forms of crystalline silicon have long range order, the distance over which long range order extends depends upon the type of crystalline silicon. (Transcript, p. 110). There are three types of crystalline silicon: single crystal silicon, polycrystalline silicon and microcrystalline silicon. (Transcript, pp. 120-121). In single crystal silicon, the long range order extends over the entire crystalline structure, which can be as large as eight inches across. (Transcript, p. 120). Polycrystalline silicon has crystallites ranging from 500 angstroms to millimeters or centimeters. (Transcript, pp. 120-121). Finally, microcrystalline silicon has crystallites that range from approximately 30 angstroms to several hundred angstroms. (Transcript, p. 121). Silicon crystals may be used to convert light into electricity. The effect of light on silicon is dependent upon the energy level of the light. (PX-230, p. 12). When low-energy light is absorbed by the silicon crystal, the electrons gain energy. But, soon the electrons return to their original lower energy levels, giving off heat as the energy they had gained. Thus, the electrical properties of the silicon crystal are not effected. (PX-230, p. 12). When light of a high enough energy strikes a bound electron, however, the electron is freed from its place in the crystal. (PX-230, p. 12). This results in the silicon bond missing an electron. A bond missing an electron is called a “hole”. A hole is free to move about the crystal. (PX-230, pp. 12-13). The freed electron is likewise able to move about the crystal. (PX-230, p. 12). The electrons and holes freed from their positions in the crystal are referred to as electron-hole pairs. (PX-230, p. 13). The creation of electron-hole pairs is central to the photovoltaic effect. It does not itself, however, produce an electric current. (PX-230, pp. 13-14). In order to produce an electric force and a current, a built-in potential barrier is needed; otherwise, the electrons and holes would travel around the crystal until they lost their energy and returned to their lower energy levels. (PX-230, p. 14). The function of the potential barrier is to separate the electron-hole pairs and send more electrons to one side of the device and send more holes to the other side. (PX-230, p. 14). Separated holes and electrons are less likely to rejoin each other, and more likely to retain their electrical energy. “This charge separation sets up a voltage difference between either end of the cell which can be used to drive an electric current in an external circuit.” (PX-230, p. 14). There are several ways to form a potential barrier. Those that will be discussed here involve the use of dopant atoms. Doping is the deliberate introduction of impurities into the crystal to change its electrical properties. For example, phosphorous or boron may be introduced into the otherwise pure silicon crystal by substituting an atom of phosphorous or boron for an atom of silicon. (PX-230, p. 14). The results vary depending upon which element is introduced. If phosphorous atoms, which contain one additional valence electron, are introduced into pure crystal silicon, the extra electrons are relatively free to move around the crystal. (Transcript, pp. 675-676). The resulting material is said to have been n-doped, because it contains free negative charges, or electrons. (PX-230, p. 16). Conversely, if boron, or another element with three valence electrons is introduced an extra hole is created which is relatively free to move around the crystal. (PX-230, pp. 16-17). Because these holes lack the corresponding negatively charged electron, these act as free positive charges travelling throughout the crystal. (PX-230, p. 17). The introduction of an atom containing three valence electrons is called p-doping, because it results in extra positive charges in the silicon crystal. (PX-230, p. 17; Transcript, p. 683). When a material is n-type doped, the electrons are the majority carriers and the holes are the minority carriers because the electrons outnumber the holes. (PX-230, p. 17). Conversely, in p-type material, the holes, which are positively charged, outnumber the electrons and are considered the majority carriers while the electrons are the minority carriers. (PX-230, p. 17). When p-type and n-type materials are placed in immediate proximity to each other, a semiconductor junction is created. (PX-230, p. 18). Upon these two materials coming in contact, the free electrons of the n-type material will integrate into the extra holes on the adjacent p-type side, and holes on the p-type side move over to the n-type side. (PX-230, p. 18). The transference of electrons to the p-type side and holes to the n-type side along the junction occurs very quickly and results in a charge imbalance with more negative charges on the p-type side and more positive charges on the n-type side. (PX-230, p. 18). The process of the charges moving across the junction does not continue indefinitely. (PX-230, p. 18). Charged carriers that have already crossed the junction set up an electric field that acts as a barrier resisting the further flow of charges. (PX-230, p. 18). Thus, as more charges cross the barrier, the barrier increases and it becomes more difficult for other charges to cross. (PX-230, p. 18). Eventually, no more electrons or holes can switch sides as a fixed potential barrier has been created and a state of equilibrium exists. (PX-230, pp. 18-19). At this stage the n-type material adjacent to the junction is negatively charged. (PX-230, p. 19). This barrier at the junction is the method of separating charges during electron-hole generation under illumination, and the key to the photovoltaic effect. (PX-230, p. 20). When light of sufficient energy strikes a crystalline silicon photovoltaic device an electron-hole pair is created. Generally, the barrier resists crossing of the majority charge carriers. (Id.) Therefore, holes or positive charges on the p-type side and electrons on the n-type side have difficulty entering the opposing regions. (Id.). On the other hand, the minority carriers (holes in the n-type and electrons in the p-type) are driven by the junction to the opposite side. (Id.). Therefore, once the electron-hole pair is created in one of the regions the potential barrier separates the electrons and holes. If the electron-hole pair is created on the p-type side, the electron that is free to travel will be drawn across the junction into the n-type region, consistent with the treatment of all minority carriers. (PX-230, p. 21). Likewise, if an electron-hole pair is created on the n-type side, the hole will freely travel and cross the junction onto the p-type side. (Id.). All the while, the majority carrier (the hole if concerned with the p-type side and the electron if discussing the n-type side) will be repelled by the barrier and remain on the side where it is created. (Id.). Likewise, once the minority carrier has passed across the barrier to the opposite region it too will likely not return to the other side because it will be faced by the repulsion force of the junction’s field. (Id.). Thus, the likelihood of these electrons and holes recombining is very small because the opposite charges are quickly separated and there is little chance of them encountering the few carriers of opposite charge in the region where they are the majority carrier. (Id.). Through the separation of charges of these light-generated electron-hole pairs, the n-type side contains excess negative charges and there are excess positive charges on the p-type side. (PX-230, p. 22). Thus; an imbalance exists. Connecting the n-type side to the p-type side with an external electrical circuit will cause a current to flow through the circuit as the charged particles move to reduce this imbalance. (Id). Electrons will flow out of the electrode in the n-type region through a load with the ability to perform useful work on that load. The electrons then return to the p-type side, where they recombine with holes, thus completing the circuit. (Id). Through this process, equilibrium is maintained. “The incident light continually creates more electron-hole pairs and, thereby, more charge imbalance; the charge imbalance is relieved by the current, which gives up energy in performing - work.” (PX-230, pp. 22-23). Thus, a useful current can be continually created and used. Having discussed the creation of useable current using crystalline silicon, the Court will now consider the use of amorphous silicon to convert light to electricity. Amorphous silicon lacks the same long-range order as silicon crystal. Unlike crystalline silicon where the neighbors of each silicon atom can be determined through use of the fixed length, angle and pattern associated with crystalline materials, amorphous silicon does not contain the same fixed distance and angle between one atom and the neighboring atoms. Thus, the distance between one silicon atom and the next may vary from 2.33 to 2.37 angstroms and the degree will vary 5 to 10 degrees from the fixed bond angle of 109.47 found in crystalline silicon. (Transcript, p. 113). Likewise, amorphous silicon does not possess the same degree of short range order as crystalline silicon. While one probably can locate the nearest neighbors of any given silicon atom in amorphous silicon, and possibly even the second nearest neighbor, it is unlikely, with any certainty that one could locate the third nearest neighbor. (Transcript, pp. 114-115). Amorphous silicon possesses a short range order of approximately 10-20 angstroms. Prior to 1974, amorphous silicon was not considered useable for photovoltaic devices because of its lack of long-range order. First, it was generally accepted that it was not possible to create electron-hole pairs in a spatially extended region of amorphous silicon and move both the hole and the electron out of that region. (Transcript, pp. 106, 1375-1376). Further, it was believed that amorphous silicon, like all amorphous materials, was insensitive to doping, making it impossible to create internal barriers by alternating amorphous silicon’s conductivity properties. (Transcript, pp. 31, 41, 939-940, 1369). B. The Inventions In 1970, Dr. David E. Carlson (“Carlson”) began working for RCA doing exploratory research on glasses. (Transcript, p. 23). Sometime in or around 1972, Carlson began working with a technique called glow discharge for the purpose of changing the surface chemistry of glasses. (Transcript, p. 23). Glow discharge is used to ion-deplete the glass, and to deposit films like tin oxide and amorphous carbon directly on the glass, thereby changing the surface chemistry. (Transcript, p. 24). In 1973, as a result of the Arab oil embargo, Carlson became interested in solar cells as a possible alternative energy source. (Transcript, p. 25). Although Carlson’s work at RCA was not directly related to this field, he believed that such an undertaking was within his discretion because he was hired to do exploratory research. (Transcript, pp. 25-26). The idea of developing a thin film solar cell using glow discharge first occurred to Carlson in May, 1974. (Transcript, p. 25; PX-238). Carlson’s practice, which held true during his research efforts in this field, was to document his experiments, the results, and secondary research findings in a laboratory notebook. (PX-238). Initially, Carlson was not attempting to deposit amorphous silicon. Rather, he first decided to explore the deposition of polycrystalline silicon films by glow discharge in silane. (Transcript, p. 47; PX-238 p. 100565). Carlson believed that if he could obtain polycrystalline silicon that had fairly large crystallites in comparison to the thickness of the film he would have a high-performance solar cell. (Transcript, pp. 26-27). Because of the similarities between single crystal silicon and polycrystalline silicon Carlson believed that he could use conventional structures such as PN junctions in any device. (Transcript, p. 27, 47; PX-238, pp. 100565, 100569). However, Carlson never actually built a device structure at this time. Instead, he only deposited a few polycrystalline films using glow discharge and did some rough characterizations of the material. (Transcript, p. 26). After some preliminary work, Carlson found that the vacuum system he was using would have to be improved if he were to attain the results he wanted, so he began to rebuild the system. (Transcript, p. 27). In October 1974, after rebuilding the vacuum system, Carlson again began to deposit films. (Transcript, p. 28). The films were deposited using substrates such as single crystal silicon, tin oxide-coated glass, and aluminum. (Transcript, p. 28). At this time Carlson recorded that he believed a good junction for a solar cell could be obtained if a heterojunction device structure was used, having p-type polycrystalline silicon in contact with n-type tin oxide. “I started trying to use some structures that I thought would make sense with good quality polycrystalline film. One of the first ones was a structure where I attempted to use p-type polycrystalline silicon, and deposit it on n-type to make a heterojunction device.” (Transcript, pp. 28-29, 49-50; PX-238, p. 100620). Carlson also tried using PN junction, PIN junction, and Schottky barrier devices. (Transcript, p. 29). At first, Carlson believed his experimentation was successful in that he thought he could see clear evidence of crystallinity in the deposited films. (Transcript, pp. 28, 50; PX-238 p. 100627). “The attached photos show a scattered crystallite structure ... in the uncoated Ae film region ... and a scattered larger crystallite structure in the Si deposition area_” (PX-238, p. 100627). On October 28, 1974 when Carlson first reported that he had a working heterojunction device of p-type silicon on tin oxide, he still believed the material to be polycrystalline. (Transcript, pp. 50-51; PX-238, . p. 100643). However, when he viewed the device under magnification there was no evidence of crystallinity and he began to doubt whether the material he had was actually polycrystalline. (Transcript, p. 29). “Further doubt was created when the material virtually did not respond to the infrared spectrum, which is completely inconsistent with polycrystalline silicon.” (Transcript, pp. 30, 51-52; PX-238, p. 100671). In order to identify what material he had, Carlson decided to submit some samples to the RCA characterization lab to have an x-ray analysis done. (Transcript, pp. 30, 52-53; PX-238, p. 100679). The result of this analysis, recorded in Carlson’s laboratory notebook on December 19, 1974, showed the material to be amorphous rather than crystalline. (Transcript, pp. 30, 53; PX-238, p. 100679). “Ron Smith has reported that no [silicon] x-ray patterns are evident in devices 11-5-74 and 12-3-74_ Our [silicon] films may be amorphous!” Upon discovering that the material was amorphous rather than crystalline, Carlson began a detailed investigation to prove both to his colleagues and himself that the material was in fact amorphous because prior to this time amorphous silicon was thought not to be suitable for solar cell use. (Transcript, pp. 31, 33, 76-78, 106, 1364). In this respect, Carlson began surveying the literature available on amorphous silicon in RCA’s technical library in order to compare any reported properties with the results he had achieved. (Transcript, pp. 32-33). The references that Carlson used for comparison purposes were documented in his laboratory notebook. Over the next year, Carlson cited more than thirty different references. (Transcript, pp. 32-33, 54). One reference in Carlson’s notebook was to'a 1969 paper by Chittick, et al. entitled “The Preparation and Properties of Amorphous Silicon.” (Transcript, pp. 33-34). With respect to this article, Carlson testified as follows regarding why such notations were made: Well, Chittick and his co-worker had published a couple of papers that gave some properties of glow discharged positive amorphous silicons that they had made. I was very interested in looking at the results in light of this recent information about the micros-tructure from the x-ray analysis. I started making a lot of comparisons between properties of our films and Chittick’s films as well as films that were deposited by Spear and his colleagues. There were really two main groups at that time that had done quite a bit of comparison of these glow discharge positive solar cells which I mentioned was the Chittick, et al group as standard telecommunications and the Spear and LeComber colleagues at the University of Dundee in England. They were the two main sources that I was referring to. Q. What type of characteristics were interesting to you in terms of what was reported in these articles? A. Well, I had been looking at properties like resistivity and photovoltaic activity, looking at electronic activity. Chittick did report in some of his earlier works on the resistivity of his films as a function of substrate temperature, and also photovoltaic activity. He had some conical data. I was looking at data like that and making comparisons in an attempt to, as I say, convince myself and others that these were similar types of materials, these were amorphous silicon type of films rather than polycrystalline type of films. Q. Dr. Carlson, in a Chittick article it has the effects of doping. To what extent, if any, did you rely on the alleged doping aspects of the Chit-tick article? A. I really didn’t at all. By the time I had found out about the material was amorphous silicon, I had already made a number of device structures. I knew they worked. I had already been doping the material. All of the time I was doping the material, I thought it was polycrystalline silicon. I knew it worked. I knew you could dope it. It wasn’t until after-wards that I found out that the material was amorphous. When I did look through the Chittick paper which had a lot of interesting information in it, I found the information in his section where he was putting phosphorous into the amorphous silicon which I found actually to be somewhat discouraging, because what he showed was some changes. But he also had many statements in there where he said these films were unstable, that they change with time. He had a lot of scatter in his data. Generally these changes that he observed and his lack of reproducibility were about the same order as these changes that he was reporting where he was putting phosphorous in. My feeling at that time was his paper wasn’t very significant to what I was doing. He hadn’t seen any clear-cut affects that I had already seen in my films. Q. What was the significance of the changes that Dr. Chittick was seeing in regard to his attempts to dope or incorporate phosphorous? A. Well, at that time, I believe they stated in their paper that they were looking for changes. When they had added phosphorous comparable to what one might expect in other materials like single crystal silicon, the changes that they observed were, as I said, relatively small, more than a million times less than what they were looking for. So I believe also it sort of taught away from that that this was really something that would be useful. I think it further discouraged one from taking that data and trying to do anything with it. (Transcript, pp. 34-36). Further, with respect to the Chittick (1969) paper and its disclosures Carlson testified that a later publication by Spear and LeComber confirmed his views of what Chittick taught with respect to doping amorphous silicon and obtaining a useful resulting material. (Transcript, pp. 39-40). Carlson believed that the 1975 Spear and LeComber's article entitled “Substitutional Doping of Amorphous Silicon” was the first publication showing that materials like boron and phosphorous could be put into amorphous silicon to change the electronic activity of the material over a wide range. (Transcript, pp. 36-37; PX-7, pp. 704-707). In this article, Spear and Le-Comber stated the following: The control of the electronic properties of crystalline semiconductors achieved by doping with substitutional impurities was a most significant factor in the developing of semi-conductor physics and solid state electronics. So far, attempts to control the properties of amorphous tet-rahedrally coordinated semi-conductors in the same systematic way have not been successful. Further, within the article, Spear and Le-Comber stated that Several workers in the field have expressed the opinion that amorphous semiconductors may well be insensitive to doping. (PX-7, p. 704; Transcript, p. 40). On the basis of the above facts, the Court finds that Carlson had made working devices by October 1974 as documented in his laboratory notebook, although he did not publish his results until June, 1976. (PX-224). Further, the Court finds that Carlson first learned of the Chittick article after having made working devices and after discovering the material he had created was amorphous rather than crystalline. III. INFRINGEMENT Infringement occurs when someone “without authority makes, uses or sells any patented invention within the United States during the term of the patent....” 35 U.S.C. § 271 (1988). Plaintiffs must prove infringement by a preponderance of the evidence. See, e.g., Smithkline Diagnostics, Inc. v. Helena Labs. Corp., 859 F.2d 878, 889 (Fed.Cir.1988). The Court’s determination of infringement involves two steps. First, the Court must determine the scope of patent claims in issue. Autogiro Co. of America v. U.S., 181 Ct.Cl. 55, 384 F.2d 391, 401 (1967). The claims of the patent provide the concise formal definition of the invention. They are numbered paragraphs which “particularly [point] out and distinctly [claim] the subject matter which the applicant regards as his invention.” It is to these wordings that one must look to determine whether there has been infringement. Courts can neither broaden nor narrow the claims to give the paten-tee something different than what he has set forth_ Although courts are confined to the language of the claims, they are not, however, confined to the language of the claims in interpreting their meaning. In deriving the meaning of a claim, we inspect all useful documents to reach what Justice Holmes called the “felt meaning” of the claim. Id. 384 F.2d at 396-397 (quoting 35 U.S.C. § 112). This requires the Court to interpret the language of the asserted claims of the patents. The words in a claim may mean what one skilled in the art would expect the words to mean or the inventor may provide a different meaning to the words. In interpreting the disputed claims, the Court looks to several factors including: (1) the literal language of the claims, (2) the patent specification, (3) the prosecution history, and (4) expert testimony on how those skilled in the art would interpret the claim. Loctite Corp. v. Ultraseal Ltd., 781 F.2d 861, 867 (Fed.Cir.1985); McGill, Inc. v. John Zink Co., 736 F.2d 666, 673-75 (Fed.Cir.), cert. denied, 469 U.S. 1037, 105 S.Ct. 514, 83 L.Ed.2d 404 (1984); American Standard Inc. v. Pfizer Inc., 722 F.Supp. 86, 92 (D.Del.1989). But, “interpreting what is meant by a word in a claim ‘is not to be confused with adding an extraneous limitation appearing in the specification.’ ” Internet America v. Kee-Vet Labs., 887 F.2d 1050, 1053 (Fed.Cir.1989) (quoting E.I. Du Pont de Nemours & Co. v. Phillips Petroleum Co., 849 F.2d 1430, 1433 (Fed.Cir.1988)). Once the Court establishes the meaning of the claim, the claim must be read on the accused products or processes to determine whether the accused products or processes infringe on the patent, either literally or under the doctrine of equivalents. Autogiro, 384 F.2d at 401; Palumbo v. Don-Joy Co., 762 F.2d 969, 974 (Fed.Cir.1985). Literal infringement occurs if a claim of the patent reads on the alleged infringer’s product or process. A claim reads on an alleged infringer’s process if each element of the claim is found in the process. See American Hoist & Derrick Co. v. Manitowoc Co., Inc., 603 F.2d 629, 630 (7th Cir.1979). Infringement under the doctrine of equivalents occurs when the alleged infringer’s product or process performs substantially the same function, in the same manner, to obtain substantially the same result as the claimed invention. Graver Tank & Mfg. Co., Inc. v. Linde Air Prods. Co., 339 U.S. 605, 608, 70 S.Ct. 854, 856, 94 L.Ed. 1097 (1950). The Court will follow this two-step approach to determine the infringement of the '521 patent, the ’844 patent, and the ’148 patent. A. The ’521 Patent The ’521 patent, issued to Dr. Carlson on December 20, 1977, is directed towards semiconductor devices with a junction and a body of amorphous silicon fabricated by glow discharge in silane. (T. 82). Solarex alleges that ARCO Solar has literally infringed Claims 11, 15, 16, and 17, or in the alternative, Claim 9 of the ’521 patent. I. Claim Interpretation Claim 11 of the ’521 patent states: II. A semiconductor device comprising: a body of amorphous silicon fabricated by a glow discharge in silane with a semiconductor junction in said body. (PX-1, col. 14, 11.58-61). The dispute over whether ARCO Solar’s products infringe Claim 11 of the '521 patent centers around the Court’s interpretation of the following three phrases: “semiconductor junction in said body”, “comprising a body of amorphous silicon”, and “amorphous silicon.” a. “semiconductor junction in said body” The specifications accompanying the ’521 patent clearly show that there are four types of semiconductor junctions disclosed in the patent: PN, PIN, heterojunction, and a Schottky barrier junction. (PX-1, cols. 2, 7, 9,11; col. 13,11.55-58). The Court finds that Claim 11, however, is limited to semiconductor devices with PN and PIN junctions. Dr. Lucovsky testified that PN and PIN junctions are located within the body of a semiconductor device, while the hetero-junction and Schottky barrier junctions are located at the surface of the body of the semiconductor device. He testified that one of ordinary skill in the art would interpret “in said body” to refer to PN and PIN junctions. (Transcript, p. 84). This conclusion is supported by the specification of the ’521 patent. The specifications describe four embodiments of the ’521 patent. The specifications refer to the Schottky barrier embodiment as “a surface barrier junction.” (PX-1, col. 3, 11. 63-64). In discussing the heterojunction barrier embodiment, the specifications state “[o]n the surface of the body [of amorphous silicon] is a semiconductor region.” Moreover, the figures provided in the specifications clearly show that the PIN and PN junctions are within the body of amorphous silicon. With such precise distinctions being made in the specifications between junctions “at the surface” of amorphous silicon and “in” the body of amorphous silicon, the Court finds that Claim ll’s language “in said body” can only be interpreted as limiting claim 11 to PN and PIN junctions. b. “comprising a body of amorphous silicon” The parties disagree as to whether Claim 11 covers devices where elements other than amorphous silicon are present in the body of amorphous silicon. The Court concludes that ’521 patent clearly contemplates that the body of amorphous silicon would have other elements included. (Transcript, 131-33). The specifications describe the use of phosphine and diborane as dopants in the p and n layers, both of which are found within the body of amorphous silicon. (PX-1, col. 1, 11.21-23). Furthermore, as to the meaning of “amorphous silicon”, Dr. Lucovsky testified: “to one of ordinary skill in the art ... amorphous silicon was a material produced by one of these three techniques that was predominantly silicon. But certainly the term allowed the incorporation of other elemental species as well.” (Transcript, p. 131). Finally, it is well accepted that the word “comprising” as used in Claim 11 is an open-ended term and has the legal significance of permitting elements to be added to the semiconductor device without avoiding infringement. See Water Technologies Corp. v. Calco, Ltd., 850 F.2d 660, 666 (Fed.Cir.) (“the open-ended phrase ‘comprising’ ... does not, however, exclude the addition of another ingredient which does not materially affect the characteristics of the invention”), cert. denied, 488 U.S. 968, 109 S.Ct. 498, 102 L.Ed.2d 534 (1988). Thus, the Court interprets “comprising a body of amorphous silicon” broadly enough to encompass a material that is primarily silicon; but the material may include other incidental elements. c. “amorphous silicon” The parties also disagree as to the meaning of “amorphous silicon” as used in all three patents. Defendants direct the Court’s attention to the specifications accompanying the ’521 patent where it is stated that amorphous silicon “possesses a short range order of no more than 20 [angstroms].” (PX-1, col. 2, 11. 39-41). Sola-rex, on the other hand, urges the Court to adopt a more generic interpretation of “amorphous.” Solarex directs the Court’s attention to the definition of amorphous contained in the ’521 specifications which states that “[a]n amorphous material is one which has no long range order in the periodicity of the matrix.” (PX-1, Col. 2, 11.-38-39). Dr. Lucovsky testified that the degree of short range order is not as significant in determining the “amorphousness” of a material, as whether the material possesses long range order. He stated that the basic distinction between amorphous materials and crystalline materials is that amorphous materials lack long range order. The Court concludes that “amorphousness” is defined by the existence of long range order in a particular material. A material is “amorphous” if under the x-ray, electron diffraction, or other similar tests, it is determined to lack long range order. This conclusion is based on Dr. Lucovsky’s testimony, and that a lack of long range order is the characteristic of amorphous silicon that has prevented it from being useful in photovoltaic devices. Thus, Claim 11 includes the following elements as interpreted by the Court: (1) a semiconductor device, (2) comprising a body of amorphous silicon which is predominantly silicon but may include other elements, (3) the amorphous silicon is fabricated by a glow discharge in silane, and (4) the device contains either a PN or PIN semiconductor junction within the body of amorphous silicon. Claim 15 is directed to the PIN semiconductor junction. It includes all the limitations of Claim 11,. and adds the further limitation that the body of amorphous silicon: comprises a first doped layer of one conductivity type spaced from a second doped layer of an opposite conductivity type with an “intrinsic” layer between and in contact with the first and second doped layers, such that there is a capability of a spaced charge region being provided in the “intrinsic” layer. (PX-1, col. 15,11.4-10). Claim 15 describes a PIN junction which contains three layers: a p-type doped layer, a n-type doped layer and an undoped or intrinsic layer (“I-layer”) between the other layers. (PX-1, col. 8, 11. 30-33; Transcript, p. 195-196). The elements of Claim 15 are identical to Claim 11 except that Claim 15 is limited to a PIN semiconductor junction. Claim 16 adds to the elements and limitations of Claims 11 and 15 the limitation that “the intrinsic layer is on the order of one micron or less in thickness from said'; first doped layer to said second doped layer.” (PX-1, col. 15, 11.11-14). Claim 17 is dependent on Claim 16 and therefore includes all of the elements and limitations of Claims 11, 15 and 16. Claim 17 adds two additional elements: it is limited to PIN devices (1) having an electrically conductive substrate on the surface of the second doped layer, and (2) having a solar radiation transmissive electrode on the surface of the first doped layer. For the purposes of Claim 17, Lucovsky testified that the term “electrically conductive substrate” refers to the electrical contact on the surface of the amorphous silicon body opposite the solar radiation transmissive electrode. Further, he testified that “substrate,” as used in Claim 17, indicates that it is on the back or bottom of the solar cell when the device is operational. (Lucovsky, Transcript, 201). The Court finds that Claim 17 limits the placement of electrical contacts needed to facilitate the use of the electric current created by the device. With this understanding of the claims of the ’521 patent, the Court will determine whether these claims literally read on ARCO Solar’s thin film solar cells. 2. Literal Infringement Defendants admit that their devices meet all the limitations in Claim 15, 16, and 17, but deny that the body of its semiconductor device is “amorphous silicon” within the meaning of Claim 11. ARCO Solar argued at trial and in its post trial brief that the material it uses in manufacturing the accused solar cells is not “amorphous silicon.” They contend that Solarex failed to meet its burden of proof in establishing that the silicon material ARCO used contained a short-range order of less than 20 angstroms as required by the patent. The Court has concluded, however, that “amorphous”, as used in the ’521 patent, does not require a specific short range order, but a demonstrable lack of long range order. Solarex presented substantial evidence that ARCO Solar’s devices are semiconductor devices comprising a body of amorphous silicon fabricated by a glow discharge in silane with a semiconductor junction, in the form of a PIN junction, in the body of amorphous silicon. (Lucovsky, Transcript, 186-188, 226-227). The evidence presented by Plaintiffs on the issue of “amorphousness” of ARCO’s silicon included test results relating to the ARCO Solar devices as well as the testimony of their expert, Dr. Lucovsky. An electron diffraction test performed on the ARCO thin film solar cells indicated that the ARCO solar cells were made from amorphous silicon because they did not display a diffraction pattern. (Lucovsky, Transcript, 150-152, 155, 167-168). Other test data presented demonstrated that the lack of long range order present in ARCO Solar’s silicon material included (1) Raman scattering (Transcript 138-168) and (2) transmission electron imaging (micrographs). (Lu-covsky, Transcript, 139-149, 155, 171-173). Based on Dr. Lucovsky’s uncontroverted testimony, and the data presented at trial, the Court finds that the body of amorphous silicon used in ARCO’s solar cells lacks long range order, and is therefore “amorphous silicon” as that term is used in all the three patents at issue. Thus, because ARCO’s solar cells meet each of the elements in Claims 11, 15, 16 and 17, the Court finds ARCO’s products literally infringe the ’521 patent. 3. Doctrine of Equivalents In the alternative, the Court holds that the ARCO Solar devices infringe Claims 11, 15, 16, and 17 of the ’521 patent under the doctrine of equivalents, because ARCO Solar’s thin film silicon devices perform the same function in the same way as the claimed invention to achieve the same results. First, ARCO’s solar cells perform the same function as the ’521 patent. ARCO Solar’s thin film silicon semiconductor devices are designed to convert solar radiation into usable electrical energy. (Lucov-sky, Transcript, 178-181, 191-93). Second, the ARCO Solar devices function in substantially the same way as the device described in the ’521 patent. The operation of the PIN device is based on the function of the three layers. The I-layer, which is photoactive, absorbs the light generating the electron-hole pairs. These pairs are separated by the field that exists in that region. Then, the electrons and holes are transported into the p and n regions. The p and n regions set up the potential step and their conductivity allows the transportation of current. The transparency of the p-layer (established by the addition of carbon) enables the light to pass to the I-layer. (Lucovsky, Transcript, 193-194). This means of achieving the desired function is the same means provided for in the ’521 patent. (PX-1, col. 8, 11.21-47). Finally, substantially the same results are achieved by ARCO’s devices as by the device described in the ’521 patent. The operation of the PIN device in the ARCO process, like the operation of the claimed device, generates current and develops power conversion efficiency to enable the devices to function as solar cells for converting solar radiation into usable electrical energy. (Lucovsky, Transcript, 192-193). B. The ’844 Patent The ’844 patent was issued to Dr. Carlson on March 2, 1982. The claims in the '844 patent describe a method of fabricating an amorphous silicon semiconductor device described in the ’521 patent. (Transcript, p. 82-83). Plaintiffs have asserted that ARCO Solar’s thin film silicon solar cell manufacturing process infringes independent Claim 1 and dependent Claims 3 and 6 of the ’844 patent, both literally and under the doctrine of equivalents. 1. Claim Interpretation Claim 1 of the ’844 patent is directed to a method of making an amorphous silicon semiconductor device incorporating a rectifying junction. Claim 1 reads as follows: 1. A method of fabricating an amorphous silicon semiconductor device incorporating a rectifying junction, said method comprising: placing an electrically conductive substrate in a glow discharge apparatus; reducing the pressure in said apparatus to a pressure of from about 10 - 3 to about 10 -6 Torr; heating said substrate to a temperature of from about 150° to about 450° C.; initiating a glow discharge in an atmosphere including silane at a pressure of about 0.1 to about 0.5 Torr so as to form a body of amorphous silicon on said electrically conductive substrate; continuing said glow discharge while altering the relative proportion of silane and conductivity modifiers such that said body has layers of differing conductivity, said layers forming rectifying junction; and fabricating an electrical contact to said body of amorphous silicon opposite to the surface contacting said electrically conductive substrate. The method recited in Claim 1 includes six processing steps: (1) placing an electrically conductive substrate in a glow discharge apparatus; (2) reducing the pressure in the apparatus from about 10 - 3 to about 10 ~6 Torr; (3) heating the substrate from a temperature of 150° to about 450° C; (4) initiating a glow discharge in an atmosphere including silane to form a body of amorphous silicon on the electrically conductive substrate; (5) continuing the glow discharge while altering the relative proportion of silane and the dopants (e.g. phosphorous or boron) to form a body of amorphous silicon with layers of differing conductivity; and (6) attaching an electrical contact to the body of amorphous silicon opposite the electrically conductive substrate. (PX-3, col. 14, 11. 4-23). A determination of whether Defendants have infringed this process requires the Court to examine steps (1) and (5) in detail. a. (1) “Placing an electrically-conductive substrate in a glow discharge apparatus. ” There was some disagreement at trial as to the meaning of the word “substrate” as used in Claim 1. Defendants claim that its device does not have a substrate, but a “superstrate.” The Court, however, finds that the difference claimed by the Defendants is one of semantics, not of substance. Dr. Lucovsky testified that an ordinary person skilled in the art would interpret “substrate” to mean the “deposition substrate” or the “entity onto which the film— the different layers of silicon are deposited.” (Transcript, p. 225). This interpretation is supported in the specification accompanying the ’844 patent. Th