UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`__________________________________________________________________
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`SONY CORPORATION
`Petitioner
`
`v.
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`YISSUM RESEARCH DEVELOPMENT COMPANY OF THE
`HEBREW UNIVERSITY OF JERUSALEM
`Patent Owner
`
`Case No. IPR2013-00219 (SCM)1
`
`
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`Patent No. 7,477,284
`Issue Date: Jan. 13, 2009
`Title: SYSTEM AND METHOD FOR CAPTURING AND VIEWING
`STEREOSCOPIC PANORAMIC IMAGES
`__________________________________________________________________
`
`PETITIONER’S REPLY TO PATENT OWNER’S OPPOSITION TO
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`PETITIONER’S MOTION TO EXCLUDE EVIDENCE
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`_________________________________________________________________
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`
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`1 The IPR2013-00327 proceeding has been joined with this proceeding.
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`

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`IPR2013-00219, Inter Partes Review of U.S. Pat. No. 7,477,284
`Reply to Patent Owner’s Opposition to Motion to Exclude Evidence
`PETITIONER’S REPLY TO PATENT OWNER’S OPPOSITION TO
`PETITIONER’S MOTION TO EXCLUDE EVIDENCE
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`Petitioner Sony Corporation (“Sony”) submits this Reply in support of its motion
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`to exclude exhibits YRD-2012, an uncertified translation of Asahi, and YRD-2013, a
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`translation of Kawakita separated from the conference booklet in which the article
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`was distributed. Both exhibits were served on counsel for Patent Owner (“Yissum”)
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`in the related I.T.C. investigation. See Sony-1048 at ¶¶ 2-3.
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` Yissum does not deny that it offers YRD-2012 and YRD-2013 solely to challenge
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`the accuracy of two certified translations Sony submitted with its Petition (Sony-1010
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`and Sony-1004). Yissum, also does not deny that it failed to object to those certified
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`translations and has come forward with no evidence concerning their alleged
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`inaccuracy.
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`Rather, Yissum attempts to divert attention from its failure to timely object and its
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`belated presentation of new evidence by arguing that Sony was obliged to serve YRD-
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`2012 and YRD-2013 with its Petition because they are “inconsistent” with positions
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`advanced by Sony during this proceeding. 37 C.F.R. § 42.51(b)(1)(iii). These exhibits
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`are not inconsistent with any position that Sony has taken in this proceeding, and
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`37 C.F.R. § 42.51(b)(1)(iii) does not apply.
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`A. YRD-2012 is Not Inconsistent with a Position Taken by Sony.
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`Yissum incorrectly argues that the uncertified translation YRD-2012, which states
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`that “a 3D image can be shown to the viewer,” is inconsistent with Sony’s reliance on
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`1
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`

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`IPR2013-00219, Inter Partes Review of U.S. Pat. No. 7,477,284
`Reply to Patent Owner’s Opposition to Motion to Exclude Evidence
`the corresponding passage in Sony-1010, which states that “stereoscopic viewing is
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`possible.” See YRD-2012, ¶ 0035; Sony-1010, ¶ 0035. Yissum argues that a “3D
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`image” is a digital elevation map, different from a “stereoscopic” image, and suggests
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`that Prof. Darrell’s testimony supports that position. Opp. at 8.
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`First, Prof. Darrell merely testified that Yissum’s exhibit YRD-2011 illustrates an
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`image rendered from a digital elevation model. See YRD-2014 at 84:16 – 85:20. He
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`did not testify that a “3D image” is limited to the type of image shown in YRD-2011.
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`In fact, he testified that “3D image” could “mean a lot of different things . . .
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`[including] a stereoscopic display of an image.” YRD-2014 at 126:12-18. He further
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`testified that the “3D image” in the YRD-2012 sentence “a 3D image can be shown
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`to the viewer” is a “stereoscopic 3D image.” YRD-2014 at 128:16 – 129:2.
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`
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`Second, both the Board’s and Yissum’s exhibits defining the terms “stereoscopic”
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`and “stereoscopy” are consistent with Prof. Darrell’s testimony that “3D image” can
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`mean a stereoscopic image. See Decision, Paper 16 at 3 and Ex. 3002 at 4
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`(stereoscopic: “Of or pertaining to stereoscopy; especially three dimensional’”); YRD-
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`2003 (stereoscopy: “a technique used to enable a three-dimensional effect”; and
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`equating “autostereoscopic imaging” with “auto 3-D”). YRD-2003 also directs the
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`reader to Wikipedia (Sony-1042) for “a more detailed explanation of stereoscopy.” See
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`YRD-2003. Wikipedia likewise equates “stereoscopy” with “3D imaging”:
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`“Stereoscopy (also called stereoscopics or 3D imaging).” Sony-1042 at 1.
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`2
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`IPR2013-00219, Inter Partes Review of U.S. Pat. No. 7,477,284
`Reply to Patent Owner’s Opposition to Motion to Exclude Evidence
`Third, the testimony of the CEO of Yissum’s exclusive licensee also supports
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`Prof. Darrell’s testimony that a “3D image” can mean a stereoscopic image. YRD-
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`2006 at ¶ 4 (characterizing the technology at issue as relating to “creation of
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`panoramic 3D images”).
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`Therefore, YRD-2012 is not inconsistent with Sony’s reliance on the phrase
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`“stereoscopic viewing is possible” in Sony-1010, and 37 C.F.R. § 42.51(b)(1)(iii) does
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`not apply.
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`B. YRD-2013 is not Inconsistent with a Position Taken by Sony.
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`Yissum argues that YRD-2013 is inconsistent with positions taken by Sony
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`because YRD-2013 does not use the words “faithful” or “faithfully” in describing the
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`stereoscopic view presented to the viewer. Yissum is wrong.
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`Sony’s position is that Kawakita (Sony-1004) discloses a stereoscopic image pair
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`that provides a perception of depth, without adjustment of their positions for display,
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`in all but two circumstances. See Sony Reply, No. 37 at 5-6. Sony relies on the
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`following passage in Sony-1004: “When the left and right panoramic images obtained
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`using the foregoing procedure are viewed binocular stereoscopically, a stereoscopic
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`view is possible that faithfully reproduces the positional relationships, if the image was
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`captured from a sufficient distance.” Sony-1004 at 16-17. YRD-2013 is consistent
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`with that position, stating: “when the left and right panoramic images obtained by the
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`aforementioned procedures are viewed in binocular stereo, if the image was taken
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`3
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`IPR2013-00219, Inter Partes Review of U.S. Pat. No. 7,477,284
`Reply to Patent Owner’s Opposition to Motion to Exclude Evidence
`from a sufficient distance, the positional relationship can normally be viewed in
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`reproduced stereo[.]” YRD-2013 at 5.
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`Further, even where Kawakita calls for adjusting the positions of the images,
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`Sony’s position is that the unadjusted images can provide a perception of depth of at
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`least some objects in the scene. See Sony Reply, No. 37 at 6-8. Kawakita (Sony-1004)
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`states that adjustment is needed for “faithful” stereoscopic viewing. YRD-2013
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`likewise uses qualifying language: “the positional relationship can normally be viewed in
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`reproduced stereo,” YRD-2013 at 5 (emphasis added); but where adjustment is
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`required “normal stereo vision is not possible,” YRD-2013 at 6 (emphasis added); and
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`after adjustment “the object in focus was not seen in double vision, and the sense of
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`depth could be properly reproduced,” YRD-2013 at 8 (emphasis added). Prof. Darrell
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`testified that the terms “normal” and “proper” express the same concept as “faithful.”
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`YRD-2014 at 139:19 – 140:3; 140:22 – 141:11; 142:5-21.
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`Therefore, YRD-2013 is not inconsistent with Sony’s positions, and 37 C.F.R.
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`§ 42.51(b)(1)(iii) does not apply.
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`C. Yissum’s Counsel Was Well Aware of YRD-2012 and YRD-2013 During the
`I.T.C. Investigation.
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`Yissum argues it only discovered YRD-2012 and YRD-2013 “just before Dr.
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`Darrell’s second deposition,” and that it is “unfairly prejudiced,” suggesting that they
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`were buried in documents produced in the I.T.C. investigation and were unearthed by
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`Yissum’s counsel by some stroke of luck. Opp. at 5, 6. That is not the case.
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`4
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`IPR2013-00219, Inter Partes Review of U.S. Pat. No. 7,477,284
`Reply to Patent Owner’s Opposition to Motion to Exclude Evidence
`In fact, Sony served detailed invalidity contentions on Yissum’s counsel during the
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`I.T.C. investigation that cited to YRD-2012 and YRD-2013, and Yissum’s counsel
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`responded with their own positions, based on the content of YRD-2012 and YRD-2013.
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`See Sony-1049 at 74-79 (regarding YRD-2012), 99-103 (regarding YRD-2013), 108.
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`Yisssum’s counsel not only received YRD-2012 and YRD-2013, but analyzed them
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`sufficiently to present positions on their disclosures.
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`Yissum’s suggestion that Sony obtained new translations, rather than rely on YRD-
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`2012 and YRD-2013, in bad faith is false. Sony could not rely on YRD-2012 because
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`it is uncertified. 37 C.F.R. § 42.63(b). As to YRD-2013, Sony relied on a translation
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`of the entire conference booklet rather than the prior translation of just the Kawakita
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`article because Yissum’s exclusive licensee had contended that Kawakita was not a
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`printed publication. See Petition, Section V. Sony did not hide information—how
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`could it since Yissum’s counsel had the information and had relied on it.
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`D. Conclusion
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`In view of the forgoing and Sony’s Motion, Sony respectfully submits that YRD-
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`2012 and YRD-2013 should be excluded.
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`Dated: June 4, 2014
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`
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`_/s/ Walter Hanley__
`Walter Hanley, Lead Counsel, Reg. No 28,720
`whanley@kenyon.com
`Michelle Carniaux, Backup Counsel, Reg. No. 36,098
`mcarniaux@kenyon.com
`KENYON & KENYON LLP
`One Broadway, New York, NY 10004-1007
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`5
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`
`List of Exhibits
`
`Exhibit Name
`Ex. No.
`Sony-1001 U.S. Patent No. 7,477,284 (the “’284 Patent”)
`Sony-1002 U.S. Patent No. 6,665,003 (the “’003 Patent”)
`Sony-1003 VRSJ Research Report including Yasuhiro Kawakita, Yoshitaka
`Hamaguchi, Akitoshi Tsukamoto, Toshihiko Miyazaki, Generation of
`Panoramic Stereo Images from Movie Using Single Video Camera, Kansai
`Laboratory Research & Development Group, OKI Electric Industry Co.,
`Ltd. (Nov. 27, 1997)
`Sony-1004 Certified English Translation of VRSJ Research Report including
`Yasuhiro Kawakita, Yoshitaka Hamaguchi, Akitoshi Tsukamoto,
`Toshihiko Miyazaki, Generation of Panoramic Stereo Images from Movie Using
`Single Video Camera, Kansai Laboratory Research & Development Group,
`OKI Electric Industry Co., Ltd. (Nov. 27, 1997) (“Kawakita”)
`Sony-1005 Hiroshi Ishiguro, Masashi Yamamoto, and Saburo Tsuji, Acquiring
`Omnidirectional Range Information, SYSTEMS AND COMPUTERS IN JAPAN, Vol.
`23, No. 4, 47-56 (1992) (“Ishiguro”)
`Sony-1006 U.S. Pat. Pub. No. 2001/0010546 A1 (“Chen”)
`Sony-1007 KODAK DIGITAL SCIENCE(TM) DC50 ZOOM CAMERA USER’S GUIDE (Jan.
`1996) (“Kodak”)
`Sony-1008 U.S. Pat. No. 1,422,527 (“Berger”)
`Sony-1009
`Japanese Patent Laid-Open No. Hei 8-159762 (June 21, 1996)
`Sony-1010 Certified English Translation of Japanese Patent Laid-Open No. Hei 8-
`159762 (June 21, 1996) (“Asahi”)
`Sony-1011 U.V. Helava, State of the Art in Digital Photogrammetric Workstations, THE
`PHOTOGRAMMETRIC JOURNAL OF FINLAND, VOL. 12, NO. 2, 65-76 (1991)
`Response to Office Action During Prosecution of ’003 Patent, U.S. Pat.
`App. 09/396,248, Resp. to Off. Act. (Sep. 5, 2002)
`Sony-1013 Expert Declaration of Trevor Darrell
`Sony-1014 Curriculum Vitae of Trevor Darrell
`Sony-1015 Declaration of Kouichi Matsuda (“Matsuda Declaration”)
`
`Sony-1012
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`
`
`Exhibit Name
`Ex. No.
`Sony-1016 Exhibit 1M to Matsuda Declaration – Email correspondence to Kouichi
`Matsuda dated November 17, 1997
`Sony-1017 Certified English Translation of Exhibit 1M to Matsuda Declaration –
`Email correspondence to Kouichi Matsuda dated November 17, 1997
`Sony-1018 Exhibit 2M to Matsuda Declaration – VRSJ Research Report including
`Yasuhiro Kawakita, Yoshitaka Hamaguchi, Akitoshi Tsukamoto,
`Toshihiko Miyazaki, Generation of Panoramic Stereo Images from Movie Using
`Single Video Camera, Kansai Laboratory Research & Development Group,
`OKI Electric Industry Co., Ltd. (Nov. 27, 1997)
`Sony-1019 Certified English Translation of Exhibit 2M to Matsuda Declaration –
`VRSJ Research Report including Yasuhiro Kawakita, Yoshitaka
`Hamaguchi, Akitoshi Tsukamoto, Toshihiko Miyazaki, Generation of
`Panoramic Stereo Images from Movie Using Single Video Camera, Kansai
`Laboratory Research & Development Group, OKI Electric Industry Co.,
`Ltd. (Nov. 27, 1997)
`Sony-1020 Exhibit 3M to Matsuda Declaration – [CS] SIG cyberspace meeting
`memo dated October 30, 1997
`Sony-1021 Certified English Translation of Exhibit 3M to Matsuda Declaration –
`[CS] SIG cyberspace meeting memo dated October 30, 1997
`Sony-1022 Exhibit 4M to Matsuda Declaration – Minutes of Cyberspace and Virtual
`City Study Committee Meeting
`Sony-1023 Certified English Translation of Exhibit 4M to Matsuda Declaration –
`Minutes of Cyberspace and Virtual City Study Committee Meeting
`Sony-1024 Declaration of Katsuhide Takahashi (“Takahashi Declaration”)
`Sony-1025 Exhibit 1T to Takahashi Declaration – Homepage for the Virtual Reality
`Society of Japan City Study Committee
`Sony-1026 Certified English Translation of Exhibit 1T to Takahashi Declaration –
`Homepage for the Virtual Reality Society of Japan City Study Committee
`Sony-1027 Exhibit 2T to Takahashi Declaration – Notice of call for participation
`for the Virtual Reality Society of Japan 2nd Virtual City (Cyberspace)
`Study Meeting
`Sony-1028 Certified English Translation of Exhibit 2T to Takahashi Declaration –
`Notice of call for participation for the Virtual Reality Society of Japan 2nd
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`

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`
`
`Ex. No.
`
`Exhibit Name
`Virtual City (Cyberspace) Study Meeting
`Sony-1029 Exhibit 3T to Takahashi Declaration – VRSJ Research Report including
`Yasuhiro Kawakita, Yoshitaka Hamaguchi, Akitoshi Tsukamoto,
`Toshihiko Miyazaki, Generation of Panoramic Stereo Images from Movie Using
`Single Video Camera, Kansai Laboratory Research & Development Group,
`OKI Electric Industry Co., Ltd. (Nov. 27, 1997)
`Sony-1030 Certified English Translation of Exhibit 3T to Takahashi Declaration –
`VRSJ Research Report including Yasuhiro Kawakita, Yoshitaka
`Hamaguchi, Akitoshi Tsukamoto, Toshihiko Miyazaki, Generation of
`Panoramic Stereo Images from Movie Using Single Video Camera, Kansai
`Laboratory Research & Development Group, OKI Electric Industry Co.,
`Ltd. (Nov. 27, 1997)
`Sony-1031 Declaration of Kenichi Okada (“Okada Declaration”)
`Sony-1032 Exhibit 1O to Okada Declaration – Homepage for the Virtual Reality
`Society of Japan City Study Committee
`Sony-1033 Certified English Translation of Exhibit 1O to Okada Declaration –
`Homepage for the Virtual Reality Society of Japan City Study Committee
`Sony-1034 Exhibit 2O to Okada Declaration – Notice of call for participation for the
`Virtual Reality Society of Japan 2nd Virtual City (Cyberspace) Study
`Meeting
`Sony-1035 Certified English Translation of Exhibit 2O to Okada Declaration–
`Notice of call for participation for the Virtual Reality Society of Japan 2nd
`Virtual City (Cyberspace) Study Meeting
`Sony-1036 Exhibit 3O to Okada Declaration – VRSJ Research Report including
`Yasuhiro Kawakita, Yoshitaka Hamaguchi, Akitoshi Tsukamoto,
`Toshihiko Miyazaki, Generation of Panoramic Stereo Images from Movie Using
`Single Video Camera, Kansai Laboratory Research & Development Group,
`OKI Electric Industry Co., Ltd. (Nov. 27, 1997)
`Sony-1037 Certified English Translation of Exhibit 3O to Okada Declaration – VRSJ
`Research Report including Yasuhiro Kawakita, Yoshitaka Hamaguchi,
`Akitoshi Tsukamoto, Toshihiko Miyazaki, Generation of Panoramic Stereo
`Images from Movie Using Single Video Camera, Kansai Laboratory Research &
`Development Group, OKI Electric Industry Co., Ltd. (Nov. 27, 1997)
`Sony-1038 Answering Brief in Opposition to Sony’s Motion to Stay Pending the
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`
`Ex. No.
`
`Exhibit Name
`Outcome of Inter Partes Review of the Patents-In-Suit, HumanEyes
`Technologies Ltd. v. Sony Electronics Inc. et al., 1-12-CV-00398, D.I. 34, at 13
`(D. Del. May 6, 2013)
`Sony-1039 U.S. Pat. No. 5,737,491 (“Allen”)
`Sony-1040 Expert Declaration of Trevor Darrell (joined from IPR2013-00327)
`Sony-1041 U.S. Pat. No. 6,831,677 (“the ’677 Patent”)
`Sony-1042 Wikipedia, Stereoscopy (June 10, 2013) (available at en.wikipedia.org
`/w/index.php?title=Stereoscopy&oldid=559166929&printable=yes)
`Sony-1043 Deposition Transcript of Irfan Essa (Mar. 10, 2014)
`Sony-1044
`Second Expert Declaration of Trevor Darrell
`Sony-1045 MERRIAM WEBSTER’S COLLEGIATE DICTIONARY (10th ed. 1998)
`Sony-1046
`THE AMERICAN HERITAGE DICTIONARY OF ENGLISH LANGUAGE
`(Houghton Mifflin Harcourt 4th ed. 2009)
`Petitioner’s Objections to Evidence (Apr. 22, 2014)
`Sony-1047
`Sony-1048 Declaration of William Nelson and Exhibit A
`Sony-1049 Complainant HumanEyes Technologies, Ltd.’s Objections and Responses
`to the Sony Respondents’ Fifth Set of Interrogatories (Nos. 140-143)
`(Sep. 14, 2012)
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`

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`Certificate of Service Under 37 C.F.R. § 42.6(e)(4)
`
`I certify that I caused a true and correct copy of the forgoing to be served via
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`Electronic Mail on the following:
`
`William Nelson and Robert Gerrity
`Robert.gerrity@tensegritylawgroup.com
`William.nelson@tensegritylawgroup.com
`Tensegrity Law Group LLP
`555 Twin Dolphin Dr., Suite 360
`Redwood Shores, CA 94065
`
`
`David McCombs and David O’Dell
`David.mccombs.ipr@haynesboone.com
`David.odell.ipr@haynesboone.com
`Haynes and Boone, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
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`
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`Dated: _ June 4, 2014___
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`_/s/ Michael E. Sander __
`Michael E. Sander
`Reg. No. 71,667
`msander@kenyon.com
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel: 212-425-7200
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