`Case 1:12—cv—0O574—LPS Document 162 Filed 04/24/15 Page 1 of 3 Page|D #: 4926
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`V.
`
`ALBEREE PRODUCTS, INC., API KOREA
`
`CO., LTD., SAVER AUTOMOTIVE
`
`PRODUCTS, INC., and COSTCO
`
`WHOLESALE CORPORATION,
`
`Defendants.
`
`~._/~._/\/\/\._/~._/~._/~._/\/\/\._/xy
`
`C.A. No. 12-574 (LPS)(CJB)
`
`(CONSOLIDATED)
`
`DECLARATION OF DR. STEVEN DUBOWSKY
`
`I, Steven Dubowsky, declare as follows:
`
`1.
`
`I am Professor Emeritus in the Department of Mechanical Engineering and in the
`
`Department of Aeronautics and Astronautics at the Massachusetts Institute of Technology.
`
`2.
`
`I submit this declaration in connection with Robert Bosch LLC’s opening claim-
`
`construction brief.
`
`I have personal knowledge of the matters stated herein and would be
`
`competent to testify to them if required.
`
`3.
`
`In providing my opinions I have considered the patent-in-suit discussed below as
`
`it would be understood by one of ordinary skill in the art.
`
`In my opinion, one of ordinary skill in
`
`the art has either an undergraduate degree in mechanical engineering or a similar discipline, or
`
`several years of experience in the field of wiper blade manufacture and design.
`
`Construction of the Terms of U. S. Patent No. 6,836,926
`
`4.
`
`I understand that the term “I2; is a moment of inertia of a cross sectional profile
`
`around a z-axis perpendicular to an taxis, which adapts along with the support element (12), and
`
`perpendicular to a y-axis” is a disputed phrase of the ’926 patent.
`
`
`
`Case 1:12-cv-00574-LPS Document 162 Filed 04/24/15 Page 2 of 3 PageID #: 4927
`Case 1:12—cv—OO574—LPS Document 162 Filed 04/24/15 Page 2 of 3 Page|D #: 4927
`
`5.
`
`I understand that Bosch’s position is that the phrase should be construed as “I22 is
`
`a moment of inertia of a cross sectional profile around a z-axis perpendicular to an s-axis which
`
`adapts along with the support element, and perpendicular to a y-axis, calculated by the formula
`
`3
`
`d b
`*
`12
`
`=
`
`I
`
`22
`
`.
`.
`.
`” I understand that defendants’ position is as follows: “‘Izz’ denotes a moment of
`
`inertia around a z-axis, the z-axis in this instance being the axis denoted ‘z’ in Figures 4, 5, and 7
`
`of the ’926 patent. The z-axis is perpendicular to an s-axis which adapts along with the support
`
`element (12), and perpendicular to a y-axis, the y-axis in this instance being the axis denoted ‘y’
`
`in Figures 4, 5, and 7 ofthe ’926 patent.”
`
`6.
`
`I understand that the term “taxis” is a typographical error, which defendants and
`
`Bosch agree refers to the s-axis.
`
`7.
`
`It is my opinion that one of ordinary skill in the art at the time of the invention
`
`would refer to the formula disclosed in the patent specification (see ’926 patent at 6:58—7:l) to
`
`calculate I22.
`
`8.
`
`The specification states that to achieve the advantages of the invention, the wiper
`
`blade should be made so that it does not exceed a particular lateral deflection angle, that is, a
`
`certain angle in the direction of the Wiper motion (’926 patent at 2:7—10', 6:45—58).
`
`9.
`
`In order to avoid exceeding this angle, a specific moment of inertia, which is a
`
`way of describing the stiffness of the Wiper blade in the lateral direction (in the plane of the
`
`window), is deemed I22 and is calculated as described in the specification.
`
`(’926 patent at 6:58—
`
`7:1). There, the patent sets forth the formula for calculating I22 for a beam with a substantially
`
`rectangular cross-section and substantially constant thickness and width as follows: I
`
`.
`
`.
`
`.
`
`.
`
`3
`
`d I)
`
`:2 .
`
`ZZ
`
`=
`
`
`
`Case 1:12-cv-00574-LPS Document 162 Filed 04/24/15 Page 3 of 3 PageID #: 4928
`Case 1:12—cv—OO574—LPS Document 162 Filed 04/24/15 Page 3 of 3 Page|D #: 4928
`
`10.
`
`In my opinion, one of skill in the art would understand that the patent is related to
`
`the lateral deflection angle of a beam, and would refer to the equation described above to
`
`calculate the corresponding moment of inertia. Indeed, the claim’s recitation to the terms a’ and b
`
`as the thickness and width, respectively, of the support element confirms my understanding.
`
`It is
`
`my opinion that one of skill in the art would not need to refer to axes’ position on Figures 4, 5,
`
`and 7, to calculate I22.
`
`11.
`
`It is therefore my opinion that the disputed limitation should be construed as
`
`proposed by Bosch.
`
`I declare under penalty of perjury under the laws of the United States of America that the
`
`foregoing is true and correct.
`
`Executed on: April 22, 2015
`
`9t'u1.'B»LmLq
`
`Steven Dubowsky, Sc. D.
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
