`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`Yamaha Corporation of America
`Petitioner
`
`v.
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`Black Hills Media, LLC
`Patent Owner
`
`
`Patent No. 8,214,873
`Issue Date: July 3, 2012
`Title: METHOD, SYSTEM, AND COMPUTER-READABLE MEDIUM FOR
`EMPLOYING A FIRST DEVICE TO DIRECT A NETWORKED AUDIO
`DEVICE TO RENDER A PLAYLIST
`_______________
`
`Inter Partes Review No. IPR2013-00598
`____________________________________________________________
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`DECLARATION OF DAVID L. FEHRMAN IN SUPPORT OF
`PETITIONER YAMAHA CORPORATION OF AMERICA’S
`OPPOSITION TO PATENT OWNER’S MOTION TO EXCLUDE
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`la-1265171
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`Yamaha Exhibit 1023 Page 1
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`IPR2013-00598
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`393032805500
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`I, David L. Fehrman, declare as follows:
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`1.
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`I am a partner at the law firm of Morrison & Foerster LLP, counsel
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`for Petitioner Yamaha Corporation of America (“Yamaha”) in Case Nos. IPR2013-
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`00593 (“the 593 IPR”), IPR2013-00594 (“the 594 IPR”), IPR2013-00597 (“the
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`597 IPR”), and IPR2013-00598 (“the 598 IPR”) (collectively, “the IPRs”). I am
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`lead counsel for Yamaha in the IPRs. I have personal knowledge of the facts set
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`forth below, and if called as a witness could and would competently testify thereto.
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`2.
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`On August 12, 2014, Yamaha filed its Replies to the Responses filed
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`by Patent Owner Black Hills Media LLC in each of the IPRs. Yamaha submitted
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`certain exhibits in support of the IPRs, including the following Reply exhibits:
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`Exhibit No.
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`Description
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`May 24, 2011 Declaration of Dr. Gareth Loy in
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`597 IPR Ex. 1016
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`MonkeyMedia, Inc. v. Apple, Inc., Case No. 1:10cv319 (E.D.
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`598 IPR Ex. 1020
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`Tex.), re-filed on July 25, 2014, with discussion of POOSITA
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`in ¶ 27 [referenced herein as “Loy Declaration”]
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`Declaration of Ivan Zatkovich, filed as Exhibit 2013 in
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`593 IPR Ex. 1022
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`CBM2013-00004 on June 5, 2013, with discussion of
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`594 IPR Ex. 1020
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`POSITA in ¶ 8 [referenced herein as “Zatkovich
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`Declaration”]
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`la-1265171
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`1
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`Yamaha Exhibit 1023 Page 2
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`IPR2013-00598
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`393032805500
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`3.
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`On July 28, 2014, Yamaha took the deposition of Dr. Gareth Loy,
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`who is Patent Owner’s expert declarant in the 597 IPR and the 598 IPR. Prior to
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`the July 28, 2014 deposition of Dr. Loy, Yamaha and its counsel were not aware of
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`the statement contained in the Loy Declaration whereby “at least” was used in
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`defining a “POOSITA.”
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`4.
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`On July 29, 2014, Yamaha took the deposition of Ivan Zatkovich, who
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`is Patent Owner’s expert declarant in the 593 IPR and the 594 IPR. Prior to the
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`July 29, 2014 deposition of Mr. Zatkovich, Yamaha and its counsel were not aware
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`of the statement contained in the Zatkovich Declaration whereby “at least” was
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`used in defining a “POSITA.”
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`5.
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`Following the above-referenced July 28-29, 2014 depositions of Dr.
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`Loy and Mr. Zatkovich, I investigated and discovered the statements contained in
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`the Loy Declaration and the Zatkovich Declaration utilizing “at least” language in
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`defining the level of ordinary skill in the art in those matters. I made this discovery
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`during the process of preparing and finalizing Yamaha’s Replies in the IPRs,
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`which were filed on August 12, 2014.
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`I declare under penalty of perjury that the foregoing is true and correct to the
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`best of my knowledge and recollection.
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`Dated: September 26, 2014
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`
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`
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`/s/ David L. Fehrman
`David L. Fehrman
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`
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`la-1265171
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`2
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`Yamaha Exhibit 1023 Page 3
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`IPR2013-00598
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`393032805500
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`Certificate of Service (37 C.F.R. § 42.6(e)(4))
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`I hereby certify that the attached “Declaration of David L. Fehrman in
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`Support of Petitioner Yamaha Corporation of America’s Opposition to Patent
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`Owner’s Motion to Exclude” was served on the below date on the Patent Owner
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`via e-mail (by consent) to the following counsel of record for the Patent Owner:
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`Lana Gladstein (gladsteinl@pepperlaw.com)
`Thomas Engellenner (engellennert@pepperlaw.com)
`PEPPER HAMILTON LLP
`125 High Street
`19th Floor, High Street Tower
`Boston, MA 02110
`
`Theodosios Thomas (ted.thomas@sceneralabs.com)
`BLACK HILLS MEDIA, LLC
`5400 Trinity Road, Suite 303
`Raleigh, NC 27607
`
`Christopher Horgan (chris.horgan@concerttechonology.com)
`Concert Technology
`1438 Dahlia Loop
`San Jose, CA 95126
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`
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`Dated: September 26, 2014
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`__/Mehran Arjomand/____
`Mehran Arjomand
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`la-1265171
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`Yamaha Exhibit 1023 Page 4
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