`


`





  
`
`
` 

 

 
`
`
`

  


`
`
`!
`  "




` #

" $ 
`
` %
`
`
` 

&'(&&')(
`**+
`
`,$ +-./'0
`1
`,

  

2

"#

2
` 

 2
`
`
`3456789:756;
`!
`%

 ./ /&
`
`<
`=>?@ABACDEF<EG<H>B>=<@>HIJBEF<
`DF<EKKELDCDEF<CE<MEDF=>B<
`<<
`
`
`  
`
`
`

`
` 

" " 


`.'"
`
`N
`!- 'OO 
`P %
` -
`-
`* QR
`'O
`S O
`
`   
`*
` P*N
`S1 ' NP!
`
`* 1T %1
`NR
` QP
`QS**
`
`Q PP
`
` P*N
`S1 *R!
`  *+  Q 
`  %
`**+O
`*
`SP
`
`!
`1 O
`  O  - QP
`
`U
`% !
`*- Q$
`+*1
`OV*WX**+OV*YZ
` *  $  N
`
`/OP
`Q[
`S+!
`QQS
` Q+O -
`*
`SP 1 R
`*'N
`WX+O -
`*YZP!
`*
`!
`N* Q+O -
`** S
`
`U+-.'.*
`  QO-\ U
`* *U1
`**'P!
`1* QO1]
`NO-*
`1Q%PP
`
`P* - Q+O -
`*VU+*
`**
` *   O-!1P
`S O  -
`(+O -
`*%*Q + N
`N U-PO+
`1
`1
`R' *P
`
` ]'
`
`1SP' NP
`U+*
`** 
`2N
` 
` ^! S OO
`S1]
`P
`
`
`*
`SPU
`TP +RP* Q Q
`** 
`1
`R NP*
`O' S1+N RP
` !
`  *
`  
`S
`NU-
` *

*_'__`'/ N&'(&&')(WXP
`**
`
`N
` *YZ
`+1N R P
`
`*
`SPS N+S
`NU- Q
`** 
`1
`R NP*
`O'+O -
`*
`%*U1
` N
`!
`1  NOT
`P
`Q** Q%
` 11 %S
`  Q  OS
`/OR
`*Q OOR
`*S +
`NQ O* R1
` 1
` *'* NNNR1SO
`
`` N-'+O -
`*VS OOO
`  S OO
`S1] RP
`*
`
`N*S !
`
`* NR % R NN
`!
`1  RP
` *S
` /   R NOR R
` N+*-S  +
`*%PP
`N
`!
`1 O
`  N*1
` Q+O -
`*V +
`/'
`
`!
`/' N+S
`/' NP
`   1-/* Q%
`  N+S*
`WS 11
`S!
`1-X+O -
`* Q%
`Y XP
` Q%
`YZ'*  1- N
`  1-    R*
`!S
`*WS 11
`S!
`1-X  1-YZ' N*
`[
` *!
`* Q%
`
`1S
` * R  RO+O -
`*P*U
`
` N
`!
`1  R*O1  1-/
` 1S Q +*
`  N N P
`* N
`S
` 1-N* 1-
`NP
`   -
`P
`
`. N./ U1
`# 1N R
`** S
`1 
`  
`
`
`
`protected by U.S. Patents Nos. 6,665,003 and 7,477,284 (“the Asserted Patents”).
`
`DECLARATION OF VERED LEVY—RON
`
`1.
`
`I, Vered Levy—Ron, am more than twenty—one years of age, am
`
`competent to present this declaration, and have personal knowledge of the facts set
`
`forth herein.
`
`2.
`
`This declaration is given in support of patent owner Yissum Research
`
`Development Company of the Hebrew University of Jerusalem’s
`
`(“Yissum’ s”)
`
`Opposition To Joinder.
`
`3.
`
`I am Chief Executive Officer of HumanEyes Technologies, Ltd.
`
`(“HumanEyes”). I have served as CEO of HumanEyes since February 1, 2010. As
`
`part of my job responsibilities as CEO, I have also familiarized myself with the
`
`history of HumanEyes’ business operations prior to my arrival at the company.
`
`4.
`
`HumanEyes was founded in 2000 by Shmuel Peleg, Moshe Ben—Ezra,
`
`Yael Pritch, and their business partner Gideon Ben—Zvi
`
`to commercialize the
`
`research breakthroughs of Professor Peleg and his team, including the inventions
`
`Building on the research conducted by Professor Peleg and his team, HumanEyes
`
`was able to develop and market the first software to allow creation of panoramic
`
`3D images from images captured from a single—lens, standard digital camera.
`
`5.
`
`Today, HumanEyes’
`
`commitment
`
`to
`
`commercializing
`
`these
`
`discoveries and growing and developing the nascent 3D printing and imaging
`
`industry continues with the development and sale of HumanEyes’ Capture 3D,
`
`Creative3D, Producer3D,
`
`and iPhone App Snapily3D software products
`
`(collectively “HumanEyes Software” or “the Software”),
`
`its Snapily and
`
`SnapilyPro printing services (collectively “Snapily”), and its extensive software
`
`licensing program.
`
`HumanEyes has been developing a similar Snapily3D
`
`application for use on Android phones and recently displayed the prototype at the
`
`2012 and 2013 Mobile World Congress in Barcelona.
`
`

`
` 

" " 


`_+O -
`*P*ON
`*+U* 1 !
`*O
` * 1S
` * R
`QQ *
`N
`*R
`N N
` Q- NS+1!
` 
`*P *%PS O  
`* 
`
`*
`N 
` S   R+O -
`*V
`SP 1 R-  P
`  N+S* S
`*Q + N R'
` N P
`+O -
`*
`O 1 -
`
`*' S1+N R + N
`PO+
`1
`1
`R'Q O
`*
`2N
` 
` ^! N+U- NN'Q O
` NS+
` "S
`
`*N
` * Q a
`**Q^ O
` N  '
`N Q1
`*Q P
`O
`S*$
`QQ11
`' N
` P
`*P!
`PN1S
` * RN*S+** *%PN ]
` * Q O+1  1
`
`S O  
`*%P*+U* 1
` * Nb *1
`* P
` 
`N
`*
`&+O -
`*V1S
` * R
`QQ *P!
`1*  S1+N
`NO+1 1
`O
`
` R*
` N P
`S OO+ S *%P
` 
`*
` !
`* Q -
`RN RP
` !
`  *
`  
`S
`NU-P
`**
`
`N
` *1
`**
`1-*( N*
`S
` 1-*.
` 
`[O 1
`' Q
`** 
`1
`R'' N P
`*+O -
`*P!
`N*S+**
`NP
`
`
`SP 1 R
`*  
`S
`NU-P
`**
`
`N
` *%P
`O 1 -
`
`* Q - S1+N R
`1
`*
` \ T' *P-+TR+' N*+*P]+T -
`   c -1
`S S* SOT
` RN
`S -UOc N
`  
`"S
`
`*N
`  Q -    QO
`SV*X -/
`SP 1 R-
` 
`Y
`+]]-*
` \ T
`!
` 
`Q
`
`N  Q
`** 
`1
`R*X
` QP
`O *
`QO +*
` 1
` P*Q
`1NY S 
`* N
` S
`U
`%
`
`  T N Q
`** 
`
`1
`R (
`) -V*OT
` R'O  ' N*1
` QN
`!S
`*P S1+N
`P
`/
`%
`
`  O N%
`
` +1  R1
`Q
`+
`*P!
`1
`N-
`R!
`1-
`O S
`N+O -
`*V
`QQ * %N1S
` * RP
`**
`
`N
` * 
`[O 1
`'
`  O* R1S
` * RN*S+** *%P P
`S O  -P1
`N$+1-..U*
`N 
`PS O  -V*
`[ 1  PU
`1
`!
`NP
`SS+*
`N -N
`!S
`*%
`
`
` Q R RP
`**
`
`N
` * -V* Q R
`O
` *U
`1
`!
`N P!
`
`
`R!
`1-QQ
`S
`N
`R  *%P P
` 
` 11S
` *
`
`**%
`11+O -
`*
`
`  
`/
`
`
`Buzz Hays. Dr. Kenji Tanaka even referred to Professor Peleg as “one of the most
`
`famous people in this field” in correspondence between Dr. Tanaka and Professor
`
`Peleg in 2004.
`
`8.
`
`Sony’s marketing, importation, and sale of devices that include the 3D
`
`Sweep Panorama and Sweep Multi—Angle features have already negatively
`
`impacted HumanEyes’ efforts toward licensing the Asserted Patents. For example,
`
`promising licensing discussions with another company halted July 2011 based on
`
`that company’s explanation that it believed the accused Sony devices were
`
`infringing the Asserted Patents.
`
`Sony’s infringement
`
`is believed to have
`
`negatively affected negotiations with other potential licensees as well. HumanEyes
`
`DECLARATION OF VERED LEVY—RON
`
`6.
`
`HumanEyes has made substantial
`
`investments in licensing efforts
`
`designed to identify and cultivate partnerships with companies interested in
`
`incorporating HumanEyes’ technology into their products. Since its founding, I
`
`and other HumanEyes employees, including Founder Shmuel Peleg, former CEOs
`
`Gideon Ben—ZVi and Duby Hodd, former and current Vice Presidents of R&D
`
`Assaf Zomet and Anton Bar, Head of Sales for the Americas Jeff Miller, and
`
`others have had licensing discussions with dozens of U.S. or multi—national
`
`companies with substantial operations and/or sales in the United States.
`
`7.
`
`HumanEyes’ licensing efforts have also included multiple meetings
`
`and other communications with representatives of Sony regarding the inventions
`
`protected by the Asserted Patents at least as early as 2004 and as recently as 2010.
`
`For example, Professor Peleg, I, and others at HumanEyes have discussed the
`
`technologies protected by the Asserted Patents with employees of Sony including
`
`at
`
`least Dr. Kenji Tanaka, Toshiyuki Ogura, and Atsushi
`
`Iizuka at Sony
`
`Corporation; Sony Electronics Inc. marketing director Mary Abram; and Senior
`
`Vice President of Sony Corporation of America’s “Sony 3D Technology Center”
`
`

`
` 

" " 


`P*1* * +RP 1S
` *
`P
`**
`
`N
` * S O  
`* 
`
`*
`N /
`N* 1-
`SP 1 R-' S1+N R   R
`SP 1 R-'   !N
`!
`PS1
`Q *+SP
`S O  
`*VS+* O
`* R
`
`
`/S 
`  -V*N
`!S
`*  !N
`
`S O
` R!
`PS1
`Q P
`R
`
`  Q*+SP/S 
` 
`0 -V* R  R Q R
`O
`  N+*
` Q+O -
`*V 
`11
`S+1
` 
`- N
`SP 1 R-S  +
`* PO+O -
`*VU+*
`**
`!
`  +*N
` Q
`P
`1S
` * RS 
`[ 
`[O 1
`'P
`S  + R
`S
`!
`N+ S
` - P
`
`OT
`
`RN RP
`*
` RP N!1+
` Q+O -
`*V 
`11
`S+1 
`-*
`PO R+O -
`*VU1- Q N1S
` * R 
`**%
`11*+O -
`*V
`U1- *
` !
`*O
` S 1P
`R
`
`P
`N
`1- 
`* 1! RP*N* +
`
`
`RN R -V* Q R
`O
` 'P
`R
`
`P*+ S
` -U
`S O
`*
`.P
`O S Q -V* Q R
`O
`  +O -
`*V1S
` * R
`QQ *'
`*%
`11*P
`O R
`O
` 
`  PP*PN U
`N!
`
`NQ O+O -
`*V
`S 
`U+*
`** 
` N P*1R  N
` QQS
`  S
`
`N R*'P!
`
`PO
`N+O -
`*V
`!
` +
` NN 'P
`*R QS S * +O -
`**
`*O11S O  -U1 RR1 U1S R1 O
`
`* !
`%P
`1O R N -V*
`d+
`*
` NNNN 1S1O* P*  S
`
`N RO 
`P -
`Q
`P
`1R 
`
`U
`R e 
` 11-N
`1- R
`P
`P
`*
`  S
`
`N R* Nb P
`1R e% +1N
`P++*
`!
` O 
`'U
`S+*
`*R QS    Q+O -
`*V./ +1
`
`[
` *
`*%11U
`U+U1
` S **** S
`N%PP
`N
`Q
` *
` N
` Q S
`O
` 
` Q+O -
`*V 
`11
`S+1 
`- P*1R  NP
`
`1
`N  S
`
`N R*
`
` QS'+O -
`*
`
`N
`N *
`NN 1Q+ N*U !
` NU
`- N* R  R
`
`[
` *
`*  N
` N
`Q
` N*' NN% RP
`  S
`** +1 R
`%11 S
`*
`
`P
`Q  S1U+N
` '*%
`11*P
`U+N
`  P
`S O  -V*
`*
`1
`..P
`Q  S1PO -V* Q R
`O
` P*S+*
`N%**+U* 1
`N!
` QO\ U+NR
`S+* N
`N+S  QQ S
`P%*Q S
`N O 1
`O
` 
`  
`(
`
`
`property and technology continues to harm HumanEyes’ business even outside of
`
`the licensing context. For example, the continuing perceived uncertainty in the
`
`market regarding the strength and value of HumanEyes’ intellectual property is
`
`harming HumanEyes’ ability to find licensing partners as well as HumanEyes’
`
`ability to raise investment capital. The greater the delay in resolving this dispute
`
`regarding Sony’s infringement, the greater this uncertainty becomes.
`
`10.
`
`The impact of Sony’s infringement on HumanEyes’ licensing efforts,
`
`as well as the management attention that has had to be diverted from HumanEyes’
`
`core business to attend to this litigation and Patent Office proceedings, have
`
`harmed HumanEyes’ revenue. In addition, the significant cost to HumanEyes as a
`
`small company battling a global conglomerate is overwhelming and Sony’s request
`
`to add additional claims to this proceeding more than a year after the litigation
`
`began—potentially delaying either these proceedings and/or the litigation—would
`
`hurt us even more, because a significant portion of HumanEyes’ 2013 armual
`
`expenses will be attributable to costs associated with the defense and enforcement
`
`of HumanEyes’ intellectual property in this litigation and the related proceedings.
`
`In fact, HumanEyes needed to raise additional funds above and beyond its ongoing
`
`expenses in order to defend its IP, and drawing the process out longer will increase
`
`the financial burden, as well as the burden on the company’s personnel.
`
`11.
`
`The financial harm Sony’s infringement has caused was a substantial
`
`driver of major budget cuts and a reduction of force that I was forced to implement
`
`DECLARATION OF VERED LEVY—RON
`
`has also sought to license the Asserted Patents to companies interested in 3D
`
`display technology, including printing technology, to provide a vehicle for such
`
`companies’ customers to generate 3D content.
`
`Sony’s devices provide a
`
`competing vehicle for the generation of such 3D content.
`
`9.
`
`Sony’s ongoing infringement and use of HumanEyes’ intellectual
`
`

`
`DECLARATION OF VERED LEVY—RON
`
`in January 2013.
`
`I reduced HumanEyes’ workforce by a third—laying off 8 of
`
`HumanEyes’
`
`formerly 23
`
`employees.
`
`Today,
`
`15
`
`employees
`
`remain at
`
`HumanEyes. A reduction in force of that magnitude directly impacts the viability
`
`of a small business like HumanEyes, limiting our ability to grow, attract new
`
`customers, pursue licensing partners, implement projects, and maintain investor
`
`commitment.
`
`12. HumanEyes and I provided additional details about these and other
`
`harms to HumanEyes’ business resulting from Sony’s ongoing infringement
`
`through the production of confidential documents and through confidential
`
`deposition testimony during the ITC Investigation.
`
`Declaration
`
`I declare that all statements made herein on my own knowledge are true and
`
`that all statements made on information and belief are believed to be true, and
`
`further, that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 of Title 18 of the United States Code.
`
`Executed: July 12, 2013
`
`
`
`Vered Levy— Ror
`
`R-338456_l