`
`IPR2013-00419, -00424
`Toyota Motor Corp., Petitioner
`v.
`American Vehicular Sciences LLC,
`Patent Owner
`
`August 18, 2014
`
`IPR2013-00419 - Ex. 1028
`IPR2013-00424 - Ex. 1024
`Toyota Motor Corp., Petitioner
`1
`
`
`
`Grounds of Review
`
`IPR2013-00419 (‘057 Patent)*
`1. Claims 1-4, 7-10, 40, 41, 46, 48, 49, 56, 59-61, and
`64 under 35 U.S.C. 102 by Lemelson
`2. Claims 30-34, 37-39, and 62 under 35 U.S.C. 103 over
`Lemelson and Borcherts
`3. Claims 4, 43, and 59 under 35 U.S.C. 103 over Lemelson and Asayama
`4. Claim 34 under 35 U.S.C. 103 over Lemelson, Borcherts, and Asayama
`5. Claims 30, 32, and 37-39 under 35 U.S.C. 103 over Yamamura
`and Borcherts
`*Claims 40, 43, 46, 48, and 49 have been conceded by Patent Owner
`IPR2013-00424 (‘000 Patent)
`1. Claims 10, 11, 19, and 23 under 35 U.S.C. § 102 by Lemelson
`2. Claims 10, 11, 19, and 23 under 35 U.S.C. § 103 over Lemelson and Asayama
`3. Claims 16, 17, and 20 under 35 U.S.C. § 103 over Lemelson and Yanagawa
`
`2
`
`
`
`“Generated From...”
`
`Breed ’057 Patent, Claim 1
`
`Breed ’000 Patent, Claim 10
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`3
`
`
`
`“Generated From...”
`
`Breed ’057 Patent, Claim 1
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`4
`
`
`
`U.S. Patent No. 6,553,130 to Lemelson
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`5
`
`Lemelson ’130 Patent
`
`
`
`U.S. Patent No. 6,553,130 to Lemelson
`
`IPR2013-00419, Ex. 1002; IPR2013-00424, Ex. 1002, 8:1-6
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`6
`
`
`
`U.S. Patent No. 6,553,130 to Lemelson
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`7
`
`IPR2013-00419, Ex. 1002; IPR2013-00424, Ex. 1002, Abstract
`
`
`
`U.S. Patent No. 6,553,130 to Lemelson
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`IPR2013-00419, Ex. 1002; IPR2013-00424, Ex. 1002, 5:30-57
`
`8
`
`
`
`U.S. Patent No. 6,553,130 to Lemelson
`
`IPR2013-00419, Ex. 1002; IPR2013-00424, Ex. 1002, 8:1-6
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`9
`
`
`
`Dr. Papanikolopoulos’s Background
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`10
`
`IPR2013-00419, Papanikolopoulos Declaration, Ex. 1016, ¶¶ 3, 4
`
`
`
`Dr. Papanikolopoulos’s Declaration
`
`***
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`11
`
`IPR2013-00419, Papanikolopoulos Reply Declaration, Ex. 1023, ¶¶ 10, 11
`
`
`
`Dr. Koutsougeras’s Background
`
`Q. So, let me ask the question again. With that understanding, have you ever
`published a paper relating to pattern recognition algorithms in vehicle
`exterior monitoring systems?
`
`***
`A. No, it would not -- my publications, the ones -- the works that I have
`published, okay, the works that I considered worth publishing were not about
`monitoring. So, no, there is no -- there is no publication that I would
`categorize as dealing -- primarily dealing with monitoring the exterior of a
`vehicle, monitoring.
`
`IPR2013-00419, Koutsougeras Deposition Testimony, Ex. 1022 , 39:10-22
`
`Q. Have you ever had any experience working with pattern recognition
`algorithms in vehicle exterior monitoring systems?
`A. Yes.
`Q. When was the first time you had such experience?
`A. It was in 2004.
`Ex. 1022, 39:10-22; 26:14-27:2
`Q. What was the context of that experience that you're referring to?
`A. Building an autonomous vehicle.
`Q. Is this related to the DARPA project or something else?
`A. Yes.
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`IPR2013-00419, Koutsougeras Deposition Testimony, Ex. 1022, 26:14-27:2
`
`12
`
`
`
`Dr. Koutsougeras’s Testimony
`
`Q. Did the system that you built for identify objects outside of the autonomous vehicle?
`A. I would like to clarify the term "identify." Obviously you have to figure out something's
`ahead of you. So, the location something that was construed to be an obstacle was
`identified. However, there was no necessity to tell what it is. For example, your depth
`map indicates that there's something ahead of you have that sufficiently large to be a
`possible obstruction. Do you care whether it's a rock or it's a bush? No. That -- in that
`way we had no reason to want identify the specific class of what the object is. For our
`purposes it only sufficed to identify that there was an obstruction to moving in a certain
`segment of the road ahead.
`Q. And was this a pattern recognition algorithm that was employed for determining that
`there were objects ahead?
`A. Okay. The way we use pattern recognition, scientists and in the lab, is probably a little
`more broad than the definition which has been allowed in this case. And the reason I'm
`saying this, because it was -- it was part of the Board's decisions to give definitions, what
`you guys call claim constructions, for a number of things, which included pattern
`recognition. So, in the way this is defined for this case, no. If I have -- if I have to use that
`definition, then no, we didn't do pattern recognition. We were trying to detect things,
`but with respect to the definitions that are pertinent here, that's not what we're doing.
`Q. Okay. So, let me clarify. I am -- when I do say "pattern recognition algorithm," I am
`talking about the definitions that you've been asked to apply in this case, okay?
`A. Then the answer is no.
`
`IPR2013-00419, Koutsougeras Deposition Testimony, Ex. 1022, 30:6-31:22
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`13
`
`
`
`Dr. Koutsougeras’s Declaration
`
`IPR2013-00419, Koutsougeras Declaration, Revised Ex. 2001 , ¶43
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`14
`
`IPR2013-00419, Koutsougeras Declaration, Revised Ex. 2001, ¶50
`
`
`
`Dr. Koutsougeras’s Declaration
`
`IPR2013-00419, Koutsougeras Declaration, Revised Ex. 2001, ¶ 52
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`15
`
`
`
`Dr. Koutsougeras’s Declaration
`
`IPR2013-00419, Koutsougeras Declaration, Revised Ex. 2001, para. 55
`
`IPR2013-00419, Koutsougeras Declaration, Revised Ex. 2001, ¶ 56
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`16
`
`
`
`Pomerleau Thesis
`
`IPR2013-00419, Pomerleau Thesis, Ex. 2004, p. 1
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`17
`
`
`
`Pomerleau Thesis
`
`***
`
`***
`
`IPR2013-00419, Pomerleau Thesis, Ex. 2004, p. 40
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`18
`
`
`
`Pomerleau Thesis
`
`IPR2013-00419, Pomerleau Thesis, Ex. 2004, p. 56
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`19
`
`
`
`5,537,327 Patent (Snow)
`
`IPR2013-00419, Snow ‘327 Patent, Ex. 2003
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`20
`
`
`
`Dr. Koutsougeras’s Testimony
`
`IPR2013, Revised Declaration, Ex. 2001, ¶ 64
`
`Q. I’ll ask you an easier question, which is the only three
`examples that are in your declaration are about taillights,
`license plates and the rear window, is that right?
`A. Yes.
`IPR2013-00419, Koutsougeras Deposition Testimony, Ex. 1022, 175:23-176:3
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`21
`
`
`
`Comparison of the Experts
`
`Q. Okay. How do you identify a pedestrian by
`looking at a taillight, a license plate or a rear
`window?
`BY THE WITNESS:
`A. You wouldn’t identify a pedestrian based on
`those –
`BY MR. BERKOWITZ:
`Q. You couldn’t –
`A. -- pictures.
`Q. You couldn’t do it, right?
`A. I don’t think you can. I don’t think anybody
`can.
`Q. Okay.
`A. Those pictures were specifically on the
`question of -- you know, can identify a car.
`They were specifically for objectives that
`involved locating a car.
`
`IPR2013-00419, Koutsougeras Deposition Testimony,
`Ex. 1022, 176:4-21
`
`IPR2013-00419, Papanikolopoulos Reply Declaration,
`Ex. 1023, ¶ 14
`
`IPR2013-00419 (Grounds A-D); IPR2013-00424 (Grounds 1-3)
`
`22
`
`
`
`U.S. Patent No. 6,772,057 to Breed
`
`IPR2013-00419 (Grounds B and E)
`
`Breed ’057 Patent, Ex. 1001, Claim 30
`
`23
`
`
`
`U.S. Patent No. 5,245,422 to Borcherts
`
`IPR2013-00419 (Grounds B and E)
`
`IPR2013-00419, Borcherts, Ex. 1004, Fig. 1
`
`24
`
`
`
`Dr. Papanikolopoulos’s Declaration
`
`IPR2013-00419, Papanikolopolous Declaration, Ex. 1016, ¶ 110
`
`IPR2013-00419 (Grounds B and E)
`
`25
`
`
`
`U.S. Patent No. 5,845,000 to Breed
`
`IPR2013-00424, Ground 3
`
`IPR2013-00424 Breed ’000 patent, Ex. 1001, 22:17-38
`
`26
`
`
`
`Yanagawa Publication
`
`IPR2013-00424, Ground 3
`
`27
`
`IPR2013-00424, Yanagawa, Ex. 1009
`
`
`
`Dr. Papanikolopoulos’s Declaration
`
`IPR2013-00424, Papanikolopoulos Reply Declaration, Ex. 1020, ¶ 25
`
`IPR2013-00424, Ground 3
`
`28
`
`
`
`Dr. Koutsougeras’s Testimony
`
`Q. . . .Yanagawa does not disclose a way determine headlight
`dimming for a preceding motorcycle; is that true?
`A. I -- I don’t think that he did. I think his objective was to do
`that. His objective – I mean, from what I remember from
`his work, he required two taillights at the same height.
`***
`A. . . . Now, do I believe that Yanagawa’s method is the best
`and that it is in fact a method that works very well? I did
`not express an opinion on that.
`
`IPR2013-00419, Koutsougeras Deposition Testimony,
`Ex. 1022, 262:10-16, 264:16-19
`
`IPR2013-00424, Ground 3
`
`29
`
`
`
`Dr. Papanikolopoulos’s Declaration
`
`Papanikolopoulos Reply Declaration, Ex. 1020, ¶¶ 26-27
`
`IPR2013-00424, Ground 3
`
`30
`
`
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