In The Matter Of:
`
`TOYOTA MOTOR CORPORATION
`v.
`AMERICAN VEHICULAR SCIENCES
`
` ___________________________________________________
`
`Lawrence Kennedy - Vol. 1
`May 15, 2014
`
` ___________________________________________________
`
`
`IPR2013-00415 - Ex. 1024
`Toyota Motor Corp., Petitioner
`1
`
`
`
`TOYOTA MOTOR CORPORATION
`v.
`AMERICAN VEHICULAR SCIENCES
`
` ___________________________________________________
`
`Lawrence Kennedy - Vol. 1
`May 15, 2014
`
` ___________________________________________________
`
`
`IPR2013-00415 - Ex. 1024
`Toyota Motor Corp., Petitioner
`1
`
`
`
`Lawrence Kennedy - 5/15/2014
`
`Page 1
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` LAWRENCE KENNEDY - 5/15/2014
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TOYOTA MOTOR CORPORATION, )
` )
` Petitioner, )
` ) Case No. IPR2013-00414
` -vs- ) Patent No. 7,630,803
` ) Issue Date: 12/8/2009
`AMERICAN VEHICULAR SCIENCES, )
` )
` Patent Owner. )
`_______________________________ )
`TOYOTA MOTOR CORPORATION, )
` )
` Petitioner, )
` ) Case No. IPR2013-00415
` -vs- ) Patent No. 7,650,210
` ) Issue Date: 1/19/2010
`AMERICAN VEHICULAR SCIENCES, )
` )
` Patent Owner. )
`_______________________________ )
`TOYOTA MOTOR CORPORATION, )
` )
` Petitioner, )
` ) Case No. IPR2013-00417
` -vs- ) Patent No. 8,036,788
` ) Issue Date: 10/11/2011
`AMERICAN VEHICULAR SCIENCES, )
` )
` Patent Owner. )
`
` Audiotaped deposition of LAWRENCE KENNEDY,
`
` taken before MARGARET A. BACHNER, CSR, RMR, CRR, and
`
` Notary Public, pursuant to the applicable Rules
`
` pertaining to the taking of depositions for the
`
` purpose of discovery, at Suite 3400, 500 West Madison
`
` Street, Chicago, Illinois, on the 15th day of May,
`
` A.D. 2014, at 9:11 a.m.
`
`1-800-325-3376
`
`Merrill Corporation - New York
`www.merrillcorp.com/law
`
`2
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`Lawrence Kennedy - 5/15/2014
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`Page 2
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` LAWRENCE KENNEDY - 5/15/2014
`
` There were present at the taking of this
`
` deposition the following counsel:
`
` KENYON & KENYON LLP
` BY: MR. K. PATRICK HERMAN
` One Broadway
` New York, New York 10004-1007
` 212-425-7200
` pherman@kenyon.com
`
` on behalf of the Petitioner;
`
` McANDREWS HELD & MALLOY, LTD.
` BY: MS. STEPHANIE F. SAMZ
` MR. SCOTT P. McBRIDE
` 500 West Madison Street, 34th Floor
` Chicago, Illinois 60661
` 312-775-8000
` ssamz@mcandrews-ip.cpm
` smcbride@mcandrews-ip.cpm
`
` on behalf of the Patent Owner.
`
` ALSO PRESENT:
`
` MR. KEVIN DUNCAN, Audio Monitor
` Merrill Corporation.
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`Lawrence Kennedy - 5/15/2014
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`Page 3
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` LAWRENCE KENNEDY - 5/15/2014
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` I N D E X
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` WITNESS EXAMINATION
`
` LAWRENCE KENNEDY
`
` By Mr. Herman 5
`
` E X H I B I T S
`
` DEPOSITION EXHIBIT FOR IDENTIFICATION
`
` Exhibit 1012 - IPR2013-415, Defendants' 126
`
` Invalidity Contentions and
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` Disclosures Pursuant to Patent
`
` Rules 3-3 and 3-4
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` Exhibit 1013 - IPR2013-415, Exhibit C, Prior 132
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` Art to U.S. Patent Number
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` 7,650,210
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` Exhibit 1014 - IPR2013-415, SAE Surface 333
`
` Vehicle Recommended Practice,
`
` Recommended Practice for
`
` Diagnostic Trouble Code Definitions
`
` AVS DEPOSITION EXHIBIT FIRST REFERRED TO
`
` Exhibit 2004 - IPR2013-00414, Declaration of 10
`
` Lawrence Kennedy
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` Exhibit 2002 - IPR2013-0415, Declaration of 10
`
` Lawrence Kennedy
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`Lawrence Kennedy - 5/15/2014
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`Page 4
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` LAWRENCE KENNEDY - 5/15/2014
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` AVS DEPOSITION EXHIBIT FIRST REFERRED TO
`
` Exhibit 2008 - IPR2013-00415, Declaration of 10
`
` Lawrence Kennedy
`
` Exhibit 2002 - IPR2013-00417, Declaration of 10
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` Lawrence Kennedy
`
` TOYOTA DEPOSITION EXHIBIT FIRST REFERRED TO
`
` Exhibit 1001 - IPR2013-00415, U.S. Patent 109
`
` Number 7,650,210 B2
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` Exhibit 1010 - IPR2013-00415, Application 117
`
` Data Sheet 37 CFR 1.76
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` Exhibit 1001 - IPR2013-00414, U.S. Patent 187
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` Number 7,630,802 B2
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` Exhibit 1003 - IPR2013-00415, U.S. Patent 256
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` Number 5,157,610
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`Lawrence Kennedy - 5/15/2014
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`Page 5
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` LAWRENCE KENNEDY - 5/15/2014
`
` THE AUDIO MONITOR: Good morning. We are going
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`09:11:40
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` on the audio recorded record at 9:11 a.m. Today's
`
` date is May 15th, 2014.
`
`09:11:42
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`09:11:48
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` Will counsel introduce themselves for the
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`09:11:53
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` record?
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`09:11:58
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` MR. HERMAN: Patrick Herman from Kenyon & Kenyon
`
`09:11:58
`
` here on behalf of petitioner Toyota Motor
`
` Corporation.
`
`09:12:01
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`09:12:04
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` MS. SAMZ: Stephanie Samz from McAndrews Held &
`
`09:12:04
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` Malloy on behalf of patent owner American Vehicular
`
`09:12:19
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` Sciences. And joining us today will be Scott
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`09:12:19
`
` McBride, also from McAndrews Held & Malloy, although
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`09:12:22
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` he is not presently in the room.
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` THE AUDIO MONITOR: Thank you, counsel.
`
`09:12:23
`
`09:12:25
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` The deponent is Mr. Lawrence Kennedy. Will the court
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`09:12:39
`
` reporter now swear in the witness?
`
` (The witness was duly sworn.)
`
` LAWRENCE KENNEDY,
`
` called as a witness herein, having been first duly
`
` sworn, was examined and testified as follows:
`
` EXAMINATION
`
` BY MR. HERMAN:
`
` Q. Good morning.
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` A. Good morning.
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`Lawrence Kennedy - 5/15/2014
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`Page 6
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` LAWRENCE KENNEDY - 5/15/2014
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` Q. Will you please state your name for the
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`09:12:46
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` record?
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` A. Lawrence Kennedy.
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`09:12:48
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`09:12:48
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` Q. Mr. Kennedy, have you ever been deposed
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`09:12:50
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` before?
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` A. I have not.
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`09:12:52
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`09:12:52
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` Q. Before we start, then, I'd like to go over
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`09:12:53
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` a couple basic ground rules.
`
` First is since there's a reporter here
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` today and we're taking an audio recording, it's
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` important for clarity of the record that we don't
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` speak over one another.
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`09:12:56
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`09:12:58
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`09:13:00
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`09:13:05
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` So, I'd ask that you wait until I finish
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`09:13:08
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` my question before providing an answer, and I'll try
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`09:13:12
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` to do the same. I'll try to wait until you're done
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`09:13:16
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` with your answer before asking another question.
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` Is that okay?
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` A. Yes.
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`09:13:16
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`09:13:18
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` Q. And it would also be helpful if after I
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` ask my question that you pause and give your attorney
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`09:13:22
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` time to object if she sees fit.
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` A. Okay. Will do.
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`09:13:25
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`09:13:29
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` Q. And next, since we have a reporter here
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`09:13:30
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` and again since we're doing a recording, it's
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`09:13:32
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`Lawrence Kennedy - 5/15/2014
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`Page 7
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` LAWRENCE KENNEDY - 5/15/2014
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` important that you answer verbally. So, yes or no or
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`09:13:35
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` some other verbal answer as opposed to a hand motion
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`09:13:38
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` or shaking your head.
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` Is that okay?
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` A. Yes, it is.
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` Q. And last, if you have any trouble
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` understanding what I'm asking or would like
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` clarification of any of my questions, please feel
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` free to let me know.
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` A. Thank you.
`
` Q. You've noted that you've never been
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` deposed before. Have you ever served as an expert in
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`09:13:56
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` connection with a case before?
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` A. I have not.
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` Q. So, this is the first time that you've
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` submitted an expert report in any case?
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` A. That's correct.
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`09:14:00
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` Q. Is this the first time you've ever been
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`09:14:07
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` involved in a patent case?
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` A. Yes.
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`09:14:10
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`09:14:12
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` Q. Okay. Do you have any patents on which
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`09:14:12
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` you're named an inventor?
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` A. Yes, I do.
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` Q. How many would that be?
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`Lawrence Kennedy - 5/15/2014
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`Page 8
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` LAWRENCE KENNEDY - 5/15/2014
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` A. One.
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` Q. And what would that patent involve?
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`09:14:19
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`09:14:19
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` A. That patent was an invention to practice
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`09:14:21
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` water skiing.
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`09:14:25
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` Q. Okay. And can you give me a summary of
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`09:14:29
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` the subject matter?
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` A. In competition water-skiing there is a
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` course that is roughly 2,000 feet long with six buoys
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` that the skier has to try to navigate through. What
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` this invention did was to simulate those buoys so
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` that you could be on a lake behind a boat practicing
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` without actually having the course there. It
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` displayed where the course was supposed to be and
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` where the skier was and where they should be.
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` Q. Now, were you employed by someone when you
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`09:15:04
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` filed that patent application?
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` A. I was.
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` Q. Is it assigned to you or to some other
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` entity?
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` A. It is assigned to me.
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`09:15:07
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`09:15:11
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` Q. Okay. Now, besides the patent on which
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`09:15:13
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` you're named as an inventor, during your career did
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`09:15:16
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` you have opportunity to review patents on any other
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`09:15:19
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` instances?
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`09:15:22
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`Lawrence Kennedy - 5/15/2014
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`Page 9
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` LAWRENCE KENNEDY - 5/15/2014
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` A. Yes, I did review patent.
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` Q. How often?
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` A. Roughly four times a year.
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`09:15:22
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`09:15:25
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` Q. Okay. And over a span of how many years?
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`09:15:31
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` A. About 10.
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` Q. And what was the purpose for reviewing
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` those patents?
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`09:15:37
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` A. I was on a Patent Review Board for General
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` Motors when I was employed with them. And what we
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` did was to determine whether the patent would have
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` enough value for the company, or I should say the
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` record of invention at that time. It was not a
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` patent.
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`09:15:45
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`09:15:51
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`09:15:56
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` Q. So, it would be General Motors' potential
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`09:15:56
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` patent filings that you were looking into?
`
` A. Correct.
`
` Q. All right. Now, in this case you've
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` submitted four declarations on behalf of American
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` Vehicle Sciences, is that right?
`
` A. Yes, that's correct.
`
` Q. And now I'd like to give you copies --
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` actually, you have copies of all four of those
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` already?
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` A. My attorney provided me copies of my
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`Lawrence Kennedy - 5/15/2014
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`Page 10
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` LAWRENCE KENNEDY - 5/15/2014
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` declarations.
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` MR. HERMAN: Okay. Well, why don't we --
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` MS. SAMZ: If you want to use your copies,
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` that's perfectly fine, as well.
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` MR. HERMAN: It's up to you.
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` MS. SAMZ: Here, put these aside.
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` BY MR. HERMAN:
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` Q. So, I'm going to give you copies of the
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`09:16:36
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` four declarations here.
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` (Documents tendered to the
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` witness.)
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` BY MR. HERMAN:
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`09:16:38
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`09:16:54
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`09:17:15
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`09:17:15
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` Q. I think I put them in order, but the first
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`09:17:17
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` one in your stack should be from IPR Case Number
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` 2013-414.
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` Do you see that?
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` A. Yes, I do.
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` Q. And that relates to Patent Number
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` 7,630,802, is that right?
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` A. Yes, it does.
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` Q. Would you be comfortable if I refer to
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` that as the '802 patent today?
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` A. Yes.
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`09:17:22
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` Q. And this particular declaration, which is
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`Lawrence Kennedy - 5/15/2014
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`Page 11
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` LAWRENCE KENNEDY - 5/15/2014
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` labeled -- has been previously labeled AVS Exhibit
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` 2004 in the bottom right-hand corner, do you see
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` that?
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` A. Yes, I do.
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`09:17:47
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`09:17:53
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`09:17:56
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`09:17:56
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` Q. This is in support of AVS's opposition to
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`09:17:56
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` Toyota's Petition for Inter Partes Review, is that
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` right?
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` A. Yes, that's correct.
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`09:18:00
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`09:18:07
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`09:18:07
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` Q. Okay. Now, the second declaration in your
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`09:18:09
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` stack should be associated with IPR Case Number
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` 2013-415, is that right?
`
` A. Yes.
`
` Q. And this relates to U.S. Patent Number
`
` 7,650,210.
`
` Do you see that?
`
` A. '210, yes.
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` Q. Would you be comfortable if I refer to
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` that as the '210 patent today?
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` A. Yes, that would be fine.
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`09:18:13
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`09:18:16
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`09:18:17
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`09:18:17
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`09:18:22
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`09:18:24
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`09:18:27
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`09:18:27
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`09:18:31
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`09:18:34
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` Q. And this has been previously marked as AVS
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`09:18:35
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` Exhibit 2002 in the lower right-hand corner.
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` Do you see that?
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` A. I do.
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` Q. And this is a declaration that's in
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`Page 12
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` LAWRENCE KENNEDY - 5/15/2014
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` support of AVS's response to Toyota's Petition for
`
` Inter Partes Review of the '210 patent, is that
`
` right?
`
` A. That's correct.
`
`09:18:44
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`09:18:52
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`09:18:55
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`09:18:55
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` Q. Now, you submitted a second declaration
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`09:18:56
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` relating to the '210 patent, is that right?
`
` A. Yes, I have.
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`09:18:58
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`09:19:00
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` Q. So, this is in the same IPR case number,
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`09:19:01
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` Case Number 2013-415, is that right?
`
` A. Yes, that is correct.
`
`09:19:05
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`09:19:08
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` Q. And it's been designated AVS Exhibit 2008.
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`09:19:09
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` Do you see that?
`
` A. Yes, I do.
`
` Q. And this particular declaration is in
`
`09:19:15
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`09:19:15
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`09:19:16
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` support of a Motion to Amend certain of the claims of
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`09:19:17
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` the '210 patent, is that right?
`
` A. That is correct.
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`09:19:19
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`09:19:20
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` Q. Okay. Now, the last declaration that you
`
`09:19:22
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` submitted is from IPR Case Number 2013-417, is that
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`09:19:27
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` right?
`
` A. Yes, that's correct.
`
` Q. And this one relates to Patent Number
`
` 8,036,788.
`
` Do you see that?
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`09:19:31
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`Lawrence Kennedy - 5/15/2014
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`Page 13
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` LAWRENCE KENNEDY - 5/15/2014
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` A. Yes.
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`09:19:38
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` Q. Now, would you be comfortable if I refer
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`09:19:41
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` to that as the '788 patent today?
`
` A. Yes, I would.
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`09:19:43
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`09:19:46
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` Q. And this has been designated AVS Exhibit
`
`09:19:47
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` 2002, is that right?
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`09:19:51
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` A. That's correct. That's what's stated on
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`09:19:53
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` the document, which is identical to the previous one.
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`09:19:58
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` Q. Okay. I think it's just in the different
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`09:20:00
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` case. This is Exhibit 2002 in that 417 case, okay?
`
`09:20:03
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` A. I gotcha.
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`09:20:07
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` Q. The exhibit numbers are the same. It's
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`09:20:08
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` just two different cases.
`
` A. Understood. Sorry.
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`09:20:12
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`09:20:13
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` Q. Now, this particular declaration, Exhibit
`
`09:20:14
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` 2002 in the 417 case --
`
` A. Yes.
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`09:20:16
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`09:20:17
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` Q. This is in support of a Motion to Amend
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`09:20:17
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` submitted by AVS in connection with the '788 patent,
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`09:20:20
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` is that right?
`
` A. To amend the claims.
`
` Q. Yes.
`
` A. Yes.
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`09:20:24
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`09:20:27
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` Q. And these are the only four declarations
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`Page 14
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` LAWRENCE KENNEDY - 5/15/2014
`
` that you've submitted on behalf of AVS, is that
`
` right?
`
` A. Yes, that's correct.
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`09:20:29
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`09:20:33
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`09:20:33
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` Q. Okay. And these four declarations contain
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`09:20:35
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` the entirety of the opinions that you've rendered on
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`09:20:38
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` behalf of AVS?
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` A. That is correct.
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`09:20:40
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`09:20:41
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` Q. Okay. Now I'd like to spend a little time
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`09:20:44
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` talking about your background. And in doing that I
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`09:20:47
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` would like you to get Exhibit 2002 from the 415 case
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`09:20:49
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` in front of you. That's relating to the '210 patent.
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`09:21:01
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` A. Yes.
`
` Q. All right. Now, in this declaration,
`
` starting at about paragraph 5 you've got a section
`
` that goes through your background, is that right?
`
` A. Yes, that's correct.
`
`09:21:05
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`09:21:12
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`09:21:16
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` Q. Okay. And you've also got a copy of your
`
`09:21:17
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` CV attached to this declaration as Attachment A, is
`
`09:21:19
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` that right?
`
` A. Yes, that's correct, Attachment A.
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`09:21:23
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`09:21:23
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` Q. Now, is this the most recent version of
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`09:21:33
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` your CV?
`
` A. Yes, it is.
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` Q. And so, you don't have anything to add
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`09:21:35
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`Page 15
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` LAWRENCE KENNEDY - 5/15/2014
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` besides what's listed here?
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` A. I do not.
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`09:21:42
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`09:21:43
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` Q. Okay. Now, I'd like to start with your
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`09:21:44
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` college education. Where did you go to college?
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`09:21:51
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` A. I received my Bachelor's of Science degree
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`09:21:54
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` in electrical engineering from Michigan Technological
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`09:21:57
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` University.
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` Q. And when was that?
`
` A. That was in 1979.
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`09:22:02
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` Q. And when you were studying, did you take
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`09:22:05
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` any courses relating to automobile electronics?
`
`09:22:08
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` A. The courses that I took were more general
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`09:22:12
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` in nature to electrical engineering, not specific to
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`09:22:14
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` automotive.
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`09:22:18
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` Q. Okay. So, no courses that were specific
`
`09:22:19
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` to automotive sensors?
`
`09:22:21
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` A. Not to automotive sensors, that's correct.
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`09:22:24
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` Q. How about sensors in general?
`
` A. Sensors in general, yes.
`
` Q. Okay. How about courses relating to
`
` automotive diagnostics?
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`09:22:34
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` A. No courses for -- for my Bachelor's degree
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`09:22:36
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` were focused on automotive diagnostics.
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`09:22:40
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` Q. Okay. Now, you also noted that you got a
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`Page 16
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` LAWRENCE KENNEDY - 5/15/2014
`
` Master's degree in 2012, is that right?
`
` A. That is correct.
`
` Q. And where did you obtain that degree?
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`09:22:46
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`09:22:50
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` A. I received my Master's from the University
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`09:22:52
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` of Southern California.
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` Q. And what was the Master's in?
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`09:22:55
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` A. The Master's was a Master's of Science in
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`09:22:58
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` systems architecting and engineering.
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` Q. Now, besides your Master's and your
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`09:23:02
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`09:23:04
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` undergraduate degree, did you have any other degrees?
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`09:23:07
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` A. No other degrees.
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` Q. Did you do any study besides the study
`
`09:23:11
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`09:23:13
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` involved in your Master's and undergraduate degree?
`
`09:23:18
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` MS. SAMZ: Objection. Form.
`
` BY THE WITNESS:
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`09:23:21
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`09:23:25
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` A. Could you specify what kind of studies?
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`09:23:25
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` BY MR. HERMAN:
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`09:23:28
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` Q. Did take any courses that did not lead to
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`09:23:28
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` a degree?
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`09:23:31
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` A. Yes, there were several courses that did
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`09:23:32
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` not lead to a degree.
`
` Q. And what courses were those?
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`09:23:34
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`09:23:35
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` A. They were courses in terms of executive
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`09:23:37
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` management and business practices.
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`Page 17
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` LAWRENCE KENNEDY - 5/15/2014
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` Q. And when did you take those courses?
`
` A. Throughout my career.
`
` Q. Okay. Anything else besides those
`
` courses?
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`09:23:41
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` A. There were courses taken in preparation
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`09:23:47
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` for certifications, as well.
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` Q. What kind of certifications?
`
` A. I'm certified as a systems engineering
`
` professional from the International Council of
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` Systems Engineering.
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`09:23:53
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`09:24:05
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` Q. Okay. Now, I noticed that you obtained
`
`09:24:06
`
` your Master's degree in 2012. What motivated you to
`
`09:24:09
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` get your Master's degree at that time?
`
`09:24:13
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` A. I've been a student of systems engineering
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`09:24:14
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` my entire career. And in my job I was responsible to
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`09:24:17
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` recommend courses for systems engineers as General
`
` Motors and Delco Electronics.
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`09:24:21
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`09:24:25
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` Q. Were you still employed by General Motors
`
`09:24:31
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` and Delco Electronics when you got your Master's
`
` degree?
`
` A. I was not.
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`09:24:34
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`09:24:45
`
`09:24:45
`
` Q. Now, what was the focus of your studies
`
`09:24:46
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` when you were getting your Master's?
`
` A. The focus of the Master's degree was
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`Page 18
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` LAWRENCE KENNEDY - 5/15/2014
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` systems architecting and engineering. Systems
`
` engineering is a broad science to try to design,
`
` architect systems that have several elements. In
`
` other words, a more complex system.
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`09:24:52
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`09:24:55
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`09:25:04
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`09:25:10
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` Q. Okay. Now, did you obtain your Master's
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`09:25:12
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` degree kind of in response to the advice you had been
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`09:25:14
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` given -- had been giving at General Motors regarding
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`09:25:16
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` study?
`
` MS. SAMZ: Objection. Form.
`
` BY THE WITNESS:
`
`09:25:20
`
`09:25:20
`
`09:25:24
`
` A. Could you ask your question again? I'm
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`09:25:25
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` sorry.
`
` BY MR. HERMAN:
`
`09:25:27
`
`09:25:28
`
` Q. Well, I think when I asked you -- when I
`
`09:25:28
`
` asked you what motivated you to get your Master's,
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`09:25:31
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` you told me that while you were at General Motors and
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`09:25:35
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` Delphi you gave advice about the kinds of courses
`
` that should be taken, is that right?
`
` A. Yes, that is correct.
`
` Q. And is that advice what eventually
`
` motivated you to get your own Master's?
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`09:25:39
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`09:25:40
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`09:25:40
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`09:25:41
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`09:25:45
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` A. In giving that advice, I audited several
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`09:25:47
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` courses from several institutions. This particular
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`09:25:53
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` one was one I decided to continue to pursue the
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`Page 19
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` LAWRENCE KENNEDY - 5/15/2014
`
` Master's.
`
` Q. Okay. And what role did you think the
`
` Master's degree was going to play in your career?
`
`09:26:01
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`09:26:02
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`09:26:03
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` A. Every -- every engineering -- or I should
`
`09:26:06
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` say every engineering opportunity has a level of
`
` systems engineering. Someone must architect the
`
` system before it can be designed.
`
` Q. Okay. Now, as part of your Master's
`
` degree, did you prepare a thesis?
`
` A. I did not.
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`09:26:09
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`09:26:13
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`09:26:16
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`09:26:18
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`09:26:20
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`09:26:21
`
` Q. Now, when did you begin working for the
`
`09:26:22
`
` first time?
`
` MS. SAMZ: Objection. Form.
`
` BY THE WITNESS:
`
` A. Could you specify a time frame?
`
` BY MR. HERMAN:
`
`09:26:30
`
`09:26:30
`
`09:26:30
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`09:26:38
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`09:26:40
`
` Q. So, when did you graduate from college?
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`09:26:41
`
` A. 1979 was when I received my Bachelor's
`
` degree.
`
` Q. And what did you do after graduating?
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`09:26:42
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`09:26:44
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`09:26:44
`
` A. I was employed by Cadillac Motor Car, a
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`09:26:46
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` division of General Motors.
`
` Q. So, that was in 1979?
`
` A. That is correct.
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`09:26:50
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` LAWRENCE KENNEDY - 5/15/2014
`
` Q. And what was your first job title?
`
` A. Associate engineer.
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`09:26:54
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`09:26:55
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` Q. And what were your responsibilities as an
`
`09:26:57
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` associate engineer?
`
`09:26:59
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` A. My original -- or initial responsibilities
`
`09:26:59
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` was to perform tests on vehicle electrical
`
` components.
`
` Q. What kinds of tests?
`
`09:27:04
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`09:27:07
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`09:27:08
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` A. Tests that would document and prove the
`
`09:27:10
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` function, the intended function of the component.
`
` Q. And what kind of components?
`
` A. Mostly electrical and electronic.
`
` Q. Can you give any examples?
`
` A. My best example would be the engine
`
` control module.
`
` Q. And would you be testing the engine
`
` control module during operation of the vehicle?
`
` A. That is correct.
`
`09:27:19
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`09:27:22
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`09:27:24
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`09:27:26
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`09:27:35
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`09:27:38
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`09:27:38
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`09:27:46
`
` Q. Now, I think you mentioned in paragraph 8
`
`09:27:47
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` of your declaration that you worked with digital fuel
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`09:28:01
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` injection?
`
` A. That's correct.
`
`09:28:06
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`09:28:06
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` Q. What kind of work did you do at digital
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`09:28:07
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` fuel injection?
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`Lawrence Kennedy - 5/15/2014
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`Page 21
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` LAWRENCE KENNEDY - 5/15/2014
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` A. In the time frame of 1979 the regulations
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` for the U.S. automotive industry was to improve fuel
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` economy and to reduce exhaust emissions.
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` The state of the art back then were
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` carbureted engines. Those engines were not capable
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` of controlling the parameters that would improve fuel
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` economy or reduce exhaust emissions.
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` So, we were converting the delivery of
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` fuel to our engines from carburetor to digital fuel
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` injection.
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` Q. Now, did your work with digital fuel
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` injection come after that testing work that you
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` previously described?
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` A. That is correct.
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` Q. Now, how were you involved with the work
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` with digital fuel injection?
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` MS. SAMZ: Objection. Form.
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` BY THE WITNESS:
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` A. Could you be more specific?
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` BY MR. HERMAN:
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` Q. Let's look in paragraph 8. After you
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` mention digital fuel injection, you state that, "I
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` developed the electronic control unit that controlled
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` fuel spark and air flow into the engine."
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`Merrill Corporation - New York
`www.merrillcorp.com/law
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`Lawrence Kennedy - 5/15/2014
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`Page 22
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` LAWRENCE KENNEDY - 5/15/2014
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` Do you see that?
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` A. That is correct. Yes, I do see that.
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` Q. Can you explain that to me?
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` A. I was responsible to make sure that the
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` electronic control unit was performing the delivery
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` of fuel, spark and other control parameters
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` correctly.
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` Q. Okay. Now, the next thing that you
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` mentioned working on, as you state, "In the
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` mid-1980s," do you see that sentence?
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` A. Yes.
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` Q. It says you began "integrating other
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` systems into the engine control module, e.g., cruise
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` control."
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` Do you see that?
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` A. I do.
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` Q. Now, how did you integrate other systems
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` into the engine control module?
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` A. Prior to this time frame systems such as
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` cruise control were implemented completely
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` independent. In other words, there were sensors,
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` actuators and processing modules that were outside
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` and external of the engine control module.
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` In order to reduce cost and to reduce mass
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`Lawrence Kennedy - 5/15/2014
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`Page 23
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` LAWRENCE KENNEDY - 5/15/2014
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` and packaging area on the vehicle, I was asked to
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` tried to implement the processing capability of the
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` cruise control module into the engine control module.
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` Q. So, the engine control module that you're
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` referencing here, does that include a processor?
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` A. Yes, it did.
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` Q. And the engi
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