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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`§ Att’y Docket Nos.: LMIC—021—801
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`Customer No. 28120
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`§ §
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`§
`§ Petitioner: Liberty Mutual
`§
`Insurance Company
`§
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`Covered Business Method Review Petition
`of United States Patent No.: 8,140,358
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`Patent Owner: Progressive Casualty
`Insurance Co.
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`DECLARATION OF SCOTT ANDREWS
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`I, Scott Andrews, hereby declare under penalty of perjury:
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`I.
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`1.
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`Qualifications
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`I am currently the Technical Partner of Cogenia Partners, LLC (“Cogenia” , an
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`independent consulting firm specializing in systems engineering and services
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`for intelligent transportation systems, safety applications, mobile devices, and
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`vehicle technologies, which I founded in 2001.
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`I have over 35 years of
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`experience developing and managing high technology projects, and 20 years of
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`experience focusing on intelligent transportation systems. My CV is attached at
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`Ex. 1026.
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`2.
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`Cogenia Partner’s clients include the automotive industry, Fortune 100 service
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`enterprises,
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`telecommunications
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`equipment manufacturers,
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`the U.S.
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`Department of Transportation, state and local transportation entities, university
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`transportation centers, and startups seeking to enter the broad mobility and
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`transportation technology and location based services market.
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`Liberty Mutual
`Exhibit 1025
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`Page 000001
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`In my role at Cogenia, I have consulted with many of the major carmakers, and
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`leading consumer products and services companies in support of the creation
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`and delivery of mobile vehicle services.
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`My previous work experience includes positions at TRW, Inc. and Toyota
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`Motor Corp.
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`At Toyota Motor Corporation in Japan, my responsibilities included the
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`conceptualization and development of multimedia and new technology
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`products and services for Toyota’s future generations of passenger vehicles in
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`the United States and Europe. Heavy emphasis was placed on strategy for
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`information systems, and on development of technical concepts for computing
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`and Internet oriented systems. Working under the direction of Toyota board
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`members, I established the Automotive Multimedia Interface Collaboration, a
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`partnership of the world’s car makers to develop a uniform computing
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`architecture for vehicle multimedia systems, and led all early technical, planning
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`and organizational work.
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`At TRW, Inc., I held a series of positions dealing with emerging transportation
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`products such as in—vehicle information systems.
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`In 1991 and 1992, while
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`employed in the Space and Defense sector, I worked with the automotive
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`division to develop location—based information delivery systems. The first
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`Page 000002
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`system TRW developed used the Teletrac vehicle location system. This used a
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`“return link” Time Difference of Arrival (TDOA) triangulation scheme (the
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`system determines the position of the device using signals returned from the
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`device). This is slightly different from LORAN, which is a “forward link”
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`TDOA system (the terminal determines its location from the base station
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`signals), although the two systems are technically similar.
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`In early 1996, I was in the TRW Automotive Electronics Group and was
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`working on a variety of automotive electronic systems,
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`including wireless
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`vehicle location and information systems,
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`such as Mayday and remote
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`diagnostics, navigation systems, and various driver information and vehicle
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`safety systems.
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`In April of 1996, I moved to Japan and was employed by
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`Toyota Motor Corporation and continued to work on a variety of wireless
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`Intelligent Transportation Systems (ITS).
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`I have also worked with several
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`law firms in a consulting and/ or expert
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`capacity. My attached CV lists all the matters in which I was involved,
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`including my testimonial experience. EX. 1026.
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`I am also a member of the following professional societies: Society of
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`Automotive Engineers
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`(SAE),
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`International
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`Institute of Electrical and
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`Electronic Engineers
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`(IEEE),
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`IEEE Standards Association,
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`Intelligent
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`Page 000003
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`Transportation Society of America (ITSA), Intelligent Transportation Society
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`of California (ITSC), Institute of Navigation (ION), and International Counsel
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`on Systems Engineering (INCOSE).
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`10.
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`My education includes a B.S. in Electrical Engineering from the University of
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`California,
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`Irvine, and an M.S.
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`in Electronic Engineering from Stanford
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`University.
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`11.
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`I have been retained on behalf of Petitioner and real party in interest, Liberty
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`Mutual Insurance Company (“Petitioner” or “Liberty Mutual”),
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`to offer
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`statements and opinions regarding the understanding of a person of ordinary
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`skill in the art (discussed below) as it relates to the identified patent assigned to
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`Progressive Casualty Insurance Company (“Progressive”), as well as other
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`references presented to me by counsel for Petitioner.
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`12.
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`I am being compensated at a rate of $300 per hour for my services, exclusive of
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`any third party expert service fees. My compensation does not depend on the
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`outcome of this Business Method Review Petition or the pending litigation
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`between Petitioner and Progressive in the U.S. District Court for the Northern
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`District of Ohio.
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`II.
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`Materials Considered
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`Page 000004
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`13.
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`In developing my opinions below relating to Progressive’s ‘358 Patent, I have
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`considered the following materials:
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`0 Progressive’s U.S. Patent No. 8,140,358 (“the ‘358 Patent”)
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`1001);
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`0 A certified English translation of Japanese Patent Publ’n H4—182868
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`(“Kosaka”)
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`1003);
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`0 UK Patent Application GB 2286369 (“Herrod”)
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`1004);
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`0 United States Patent Application Publication No. 2002/ 0128882
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`(“Nakagawa”)
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`1005);
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`o OBD—II
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`Background—Where’d
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`It
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`Come
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`From?,
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`http://www.OBDii.com/background.html (under “\X/here’d it come
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`from?”)
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`1027);
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`0 Excerpt
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`from Shuji
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`Mizutani, Car Electronics,
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`page
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`250
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`(Nippondenso Co. Ltd. 1992)
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`1028); and
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`o Excerpt from David S. Boehner, Automotive Microcontrollers, in
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`Automotive Electronics Handbook, pages 11.24-11.29 (Ronald K.
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`Jurgen ed., 1995)
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`1029).
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`Level of Ordinagg Skill for the ‘358 Patent
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`I have read Progressive’s ‘358 Patent and understand it was filed on June 3,
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`2008 and issued on March 20, 2012, and claims priority to an application filed
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`on January 29, 1996.
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`I have been informed, however, that Petitioner disputes
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`the 1996 priority date claimed by the ‘358 Patent.
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`III.
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`14.
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`Page 000005
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`15.
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`The ‘358 Patent purports to cover a telematics system used for insurance that
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`contains a “data logging device [for] track[ing] the operation of a vehicle,” a
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`storage device, a “processor [that] reads data from an automotive bus,” a
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`“communication device [that] links the data logging device to a network of
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`computers,” and “software [that] allows a user to access files related to a level
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`of risk or safety.” EX. 1001 at 1:33-49, Abstract, claim 1.
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`I understand this
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`system ultimately operates to “generate a rating factor based on |] selected
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`vehicle data” for insurance purposes. See id. at claim 1.
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`I also understand that
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`several of the dependent claims are devoted to certain implementation choices
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`(mainly related to an in—vehicle device or a wireless transmitter), including,
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`among others, using a wireless “pulse position protocol” (claim 2), a “wireless
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`transaction facilitator”
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`(claim 3),
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`a “mobile broadband communication
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`network” (claim 5), “multiple packet architectures” (claim 6), a “single—chip
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`cellular base—band processor,” (claim 10), “integrated interface drivers” (claim
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`13), an “embedded antenna element” (claim 14), installing “updated firmware |]
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`transferred .
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`.
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`.
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`through the wireless network” (claim 4), “indicat[ing] an
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`available [wireless] channel capacity” (claim 7), and “receiv[ing] continuously
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`transmitted trilateral encoded signals” (claim 8).
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`16.
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`I understand that the factors that may be considered in determining the
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`ordinary level of skill
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`in the art include:
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`(1)
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`the levels of education and
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`Page 000006
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`experience of persons working in the field;
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`(2)
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`the types of problems
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`encountered in the field; and (3)
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`the sophistication of the technology.
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`I
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`understand that a person of ordinary skill in the art is not a specific real
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`individual, but rather a hypothetical individual having the qualities reflected by
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`the factors above.
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`17.
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`The field of art relevant to the ‘358 patent is insurance, and more particularly
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`insurance rating based on telematics data. In my opinion, a person of ordinary
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`skill in the vehicle telematics aspects pertinent to the ‘358 patent (apart from
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`the insurance cost aspects), as of January 1996, would have at least a B.S.
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`degree in electrical engineering, computer engineering, computer science or the
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`equivalent thereof and at least one to two years of experience with telematics
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`systems for vehicles, particularly, telematics systems including communications
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`and locations technologies.
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`18.
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`I base this opinion: on the level of technical training I believe is required to
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`reduce to practice the concepts described in the ‘358 patent and the relevant
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`prior art; my own experience in hiring and supervising about 30 engineers
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`engaged in the development of these types of systems by January 1996; my
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`experience working with developers of these types of systems at Toyota Motor
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`Corporation in Japan; and my experience working with a technical staff drawn
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`Page 000007
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`from about 20 different automaker and automotive electronic suppliers as a
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`part of the development of a set of industry telematics standards.
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`19.
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`For purposes of this Declaration, in general, and unless otherwise noted, my
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`statements and opinions below, such as those regarding my experience and the
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`understanding of a person of ordinary skill in the art generally (and specifically
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`related to the references I consulted herein), reflect the knowledge that existed
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`in the field as of January 1996. However, my statements and opinions
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`concerning the Nakagawa reference below reflect the knowledge that existed in
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`the field as of September 2002, when Nakagawa was published.
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`IV.
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`20.
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`State of the Art in the Vehicle Telematics Industgg by Ianuagg 1996
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`By 1996, several companies had developed vehicle telematics systems that
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`measured vehicle data, such as speed, acceleration, time of day, etc. These
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`systems commonly included in—vehicle data monitoring devices that would
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`monitor the data, store it, and/ or transmit it to a remote location outside of the
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`vehicle. The telematics data could be used for a variety of purposes, including
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`insurance purposes, such as for setting insurance premiums.
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`21.
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`These in—vehicle data monitoring devices were well known in the art and
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`included a variety of functions. For example, depending on the type or
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`purpose of an in—vehicle monitoring device, it may have had sensors and other
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`components within the device (e.g., an accelerometer) able to measure and
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`-3-
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`Page 000008
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`collect operating data, or it may have been designed to collect data from
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`sensors in the vehicle using a hardwire connection or through a vehicle bus. In
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`the latter scenario, the device would interface with a vehicle bus (or data bus
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`performing functions similar to a vehicle bus) that interconnects components
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`(e.g., sensors) inside a vehicle to collect, for example, speed and acceleration
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`data from sensors inside the vehicle that monitor these types of data. For
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`example,
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`the On—Board Diagnostics H (OBD—H) vehicle bus was used in
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`vehicles since 1994 and has, in fact, been required in passenger vehicles and
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`light duty trucks since January 1996, as mandated by the Environmental
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`Protection Agency. Ex. 1027, OBD—H Background—Where’d It Come From?,
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`http://www.OBDii.com/background.html (under “\X/here’d it come from?”).
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`Moreover, multiplex networks, such as vehicle buses, have been in use in
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`vehicles to connect components in a vehicle since the 1980s. The Society of
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`Automotive Engineers, for example, released the draft specification for a serial
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`automotive data bus designated SAE ]—1850 in December of 1989. Ex. 1028,
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`Shuji Mizutani, Car Electronics 250 (Nippondenso Co. Ltd. 1992.)
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`22.
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`It was also well known that such in—vehicle monitoring devices would have
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`memory, including volatile and non—volatile memory.
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`Indeed, storing data in
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`memory has been an integral part of any data processing system (including a
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`telematics system) since long before 1996. Ex. 1029, David S. Boehner,
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`Page 000009