UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`FORD MOTOR COMPANY, JAGUAR LAND ROVER NORTH AMERICA, LLC,
`VOLVO CARS OF NORTH AMERICA, LLC, TOYOTA MOTOR NORTH
`AMERICA, INC., AMERICAN HONDA MOTOR CO., INC., NISSAN NORTH
`AMERICA, INC., AND SUBARU OF AMERICA, INC.
`Petitioner
`
`v.
`
` CRUISE CONTROL TECHNOLOGIES LLC
`Patent Owner
`
`____________
`
`Case No. IPR2014-00281
`Patent 6,324,463
` ____________
`
`
`
`DECLARATION OF MR. DANIEL A. CRAWFORD
`
`
`
`I, Daniel A. Crawford, hereby declare, affirm and state the following:
`I.
`Introduction
`1. My background, education and experience were detailed in my
`
`original declaration (Exhibit 1011) submitted with the Petition for Inter Partes
`
`Review and are incorporated by reference here.
`
`
`
`1
`
`Ford Motor Company et al.
`Exhibit 1012-1
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`FORD MOTOR COMPANY, JAGUAR LAND ROVER NORTH AMERICA, LLC,
`VOLVO CARS OF NORTH AMERICA, LLC, TOYOTA MOTOR NORTH
`AMERICA, INC., AMERICAN HONDA MOTOR CO., INC., NISSAN NORTH
`AMERICA, INC., AND SUBARU OF AMERICA, INC.
`Petitioner
`
`v.
`
` CRUISE CONTROL TECHNOLOGIES LLC
`Patent Owner
`
`____________
`
`Case No. IPR2014-00281
`Patent 6,324,463
` ____________
`
`
`
`DECLARATION OF MR. DANIEL A. CRAWFORD
`
`
`
`I, Daniel A. Crawford, hereby declare, affirm and state the following:
`I.
`Introduction
`1. My background, education and experience were detailed in my
`
`original declaration (Exhibit 1011) submitted with the Petition for Inter Partes
`
`Review and are incorporated by reference here.
`
`
`
`1
`
`Ford Motor Company et al.
`Exhibit 1012-1
`
`
`
`2.
`
`The facts set forth below are known to me personally, and I have
`
`firsthand knowledge of them.
`
`3.
`
`I am submitting this declaration to offer my independent expert
`
`opinions concerning certain issues raised by the Patent Owner in its Response
`
`(Paper No. 26). My compensation for this declaration is not based on the
`
`substance of the opinions rendered here. As part of my opinion here, I have
`
`carefully considered, in addition to my experience and the viewpoint of a person of
`
`ordinary skill in the relevant art, the following references: U.S. Patent No.
`
`6,324,463 (“the ‘463 Patent”); Certified English Translation of Japanese Patent
`
`Publication No. S60-174329 by Narita et al. (“Narita”); and, the Patent Owner’s
`
`(“PO”) Response dated October 9, 2014.
`
`II. OPINIONS
`4.
`It is my understanding that Patent Owner is arguing that “the
`
`set/command switch of Narita is not the claimed ‘enable switch.’” Patent Owner
`
`Response at p. 5. I agree because as I stated in my original declaration, the “main
`
`switch” of Narita enables the controller 7 and, therefore, meets the limitation of an
`
`enable switch. As I previously noted, Narita describes that the operation of the
`
`conventional device “begins with turning on the main switch [i.e., the enable
`
`switch].” Turning on the “main switch” of Narita “turn[s] on power” to the
`
`controller as that phrase is used in the description of Fig. 5. Narita at p. 5. One of
`
`
`
`2
`
`Ford Motor Company et al.
`Exhibit 1012-2
`
`
`
`ordinary skill in the art, therefore, would understand that when the main switch of
`
`Narita is in an “ON” position, as depicted in Fig. 3, power is provided to the
`
`vehicle speed automatic control device and its associated command switches are
`
`enabled. Based on Narita’s description of Fig. 5, which illustrates operation of the
`
`cruise control command switches “after turning on power,” a person of ordinary
`
`skill in the art reading Narita would have understood that the both the “invention”
`
`cruise control system of Narita (described with reference to Figs. 4-7) and the
`
`“conventional” cruise control system of Narita described with reference to Figs. 1-
`
`3 contained the “main switch” for turning on power to the cruise control system.
`
`5.
`
`I also understand that Patent Owner is arguing that turning an ignition
`
`switch on and off does not inherently turn a cruise control system on and off. I
`
`disagree with this statement. As I noted in my original declaration, an ignition
`
`switch is inherent in all vehicles with a cruise control system. Ex. 1011 at ¶ 28. It
`
`is also a fact that in all vehicles with a cruise control system, there must be a
`
`mechanism by which power is provided to the system so that the cruise control
`
`functionality can be used, i.e., a mechanism to enable the system. In many
`
`vehicles, the power to the cruise control system is enabled by an additional and
`
`separate switch that is depressed after the vehicle is turned on (e.g., the “main
`
`switch” described in Narita). In the absence of such an additional, separate switch,
`
`turning on the car via the ignition will necessarily provide the necessary power to
`
`
`
`3
`
`Ford Motor Company et al.
`Exhibit 1012-3
`
`
`
`the cruise control system. In such a system, the ignition is the switch that enables
`
`the cruise control system.
`
`6.
`
`To the extent that the “main switch” is determined not to be expressly
`
`present in Narita’s invention (or not to enable the vehicle automatic speed control
`
`device), the ignition switch would necessarily enable the vehicle automatic speed
`
`control device by providing power to the controller of Narita, and Narita would
`
`thus necessarily nonetheless contain an enable switch.
`
`7.
`
`It is my understanding the Patent Owner has contended that the
`
`symbol indicative of a preset speed is not distinguishable upon braking, as required
`
`by claim 19. This is not an accurate characterization of Narita.
`
`8.
`
`It is my understanding as one of ordinary skill in the art that both the
`
`cruise lamp and the associated vehicle speed display units are presented to, and
`
`viewable by, the driver. If they were not, there would be no purpose in having a
`
`cruise lamp.
`
`9.
`
`As depicted in Fig. 6 of Narita, the cruise lamp turns off upon braking.
`
`When the stored vehicle speed is not being maintained, the stored vehicle display
`
`unit would be distinguishable from when the stored vehicle speed is being
`
`maintained because the cruise lamp associated with the stored vehicle display unit
`
`would no longer be lit. There would be no purpose to turning off the cruise lamp
`
`
`
`4
`
`Ford Motor Company et al.
`Exhibit 1012-4
`
`
`
`other than to distinguish when the stored vehicle speed displayed is not being
`
`maintained from when it is being maintained and during which time the lamp is on.
`
`10.
`
`It is my understanding that Patent Owner has contended that Narita’s
`
`teaching that the “system is canceled” upon operation of a failsafe does not show
`
`that the failsafe “turns off the cruise control system.” This is incorrect and is not
`
`consistent with what a person of ordinary skill in the art at the time would have
`
`understood from Narita's disclosure.
`
`11. A person of ordinary skill in the art would have understood that the
`
`purpose of a failsafe is to shut the cruise control system down upon detecting an
`
`abnormality, as Narita discloses in its discussion of the operation of its failsafe.
`
`Narita at 2. Narita further describes one such abnormality that “cancels the
`
`system” – when the vehicle is placed into the “P position.” Narita at 4. In other
`
`words, the cruise control system is turned off when the vehicle is placed in park.
`
`This makes sense from a safety perspective in the design of cruise control systems,
`
`because a car that is in park should have its cruise control system deactivated, i.e.,
`
`turned off.
`
`
`
`
`
`
`
`
`
`
`
`5
`
`Ford Motor Company et al.
`Exhibit 1012-5
`
`
`
`01/09/2015 10:14
`
`STAPLES
`
`0390
`
`PAGE
`
`02
`
`III. Conclusion
`
`I hereby declare that all statements made herein of 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 willfhl
`
`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 and that such
`
`willful false statements may jeopardize the results of the proceedings.
`
`By: b~(L~e_
`Daniel A. Crawford
`
`6
`
`Ford Motor Company et al.
`Exhibit 1012-6
`
`
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