UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SkyHawke Technologies, LLC
`Petitioner
`
`V.
`
`L&H Concepts, LLC
`Patent Owner
`
`Cases IPR2014-00437 & IPR2014-00438
`
`Patent 5,779,566
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`DECLARATION OF PETER WILENS
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`1
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`L&H CONCEPTS 2016
`SKYHAWKE TECHNOLOGIES V. L&H CONCEPTS
`IPR2014-00438
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`

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`Case IPR2014-00437 & 438
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`Attorney Docket No: 3 091 2-0003 IP1
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`1.
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`I am making this declaration at the request of the Real Party in Interest
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`L&H Concepts in the matter of Inter Partes Review of U.S. Patent No. 5,779,566.
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`2.
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`I am being compensated for my work. My compensation does not
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`depend on the outcome of this proceeding.
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`3.
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`In forming the opinions I express below, I considered:
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`. The ’566 Patent (Ex. 1001 in IPRs 2014-00437 & 438);
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`. Petitions by SkyHawke G’aper 1 in IPRs 2014-00437 & 438);
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`. Decision of Institution of Inter Partes Review as to the ’566 Patent in
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`IPR2014-00437 (Paper 7);
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`. Decision of Institution of Inter Partes Review as to the ’566 Patent in
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`[PR 2014-00438 (Paper 7);
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`e. Ex. 1005 — 1007 (Palmer, Vanden Heuvel, and Osamu) in IPRs 2014-
`00437 & 438;
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`A copy of my resume is attached to the back of my declaration.
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`I am the named inventor of the ’566 patent.
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`I personally developed the
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`4.
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`5.
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`technology set forth in the ’566 patent, and I am (and was at the time the ’566 was
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`filed) well versed in the field of handheld sports recording devices.
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`6.
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`As was set forth in the “Field of the Invention” and “Summary of the
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`Invention” section of the ’566 patent, I believe that my inventions (as set forth in the
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`’566 patent) were in the field of handheld sports recording devices.
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`7.
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`Handheld sports recording devices involve a range of unique challenges
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`2
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`

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`Case IPR20l4-00437 & 438
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`Attorney Docket No: 30912-O003IPl
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`and issues in their design that are either not present or are insignificant in other types
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`of electric devices, even other handheld electronic devices.
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`8.
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`First, a handheld sports recording device must be able to operate
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`successfully when used exclusively outdoors, as the golf scoring device that I
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`described in the ’566 patent. Many people at the present time forget the challenges
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`involved in using the handheld sized LCD displays of the early 1990s in outdoor
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`applications. The display technology of the time, namely LCD screens, possessed
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`numerous weaknesses and challenges not present in the handheld device screens
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`used today. First among these were the issues using the display in direct sunlight,
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`which tended to “washout” the display making it difficult or impossible to read.
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`9.
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`For this reason, at the time of my invention, engineers in my field did
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`not believe that an input mechanism dependent on screen selections could be
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`successfully used in a handheld sports recording device. This can be seen in the
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`prior Palmer and Osamu devices, which both rely exclusively on a keyboard of
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`marked keys that could be easily seen even in direct sunlight, such as Figure 3 of
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`Palmer or Figure 3 of Osamu.
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`10.
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`In fact, at the time that I filed the ’566 patent application, I was unaware
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`of any handheld sports recording device that used a screen dependent entry
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`mechanism. The fact that SkyHawke has not cited a prior art reference to the Patent
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`Office that included such a device fiirther verifies that no such device existed prior
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`3
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`3
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`

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`Case IPR20l4-00437 & 438
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`Attorney Docket No: 30912-0003IP1
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`to the ’566 patent.
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`11.
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`I understand that the mere fact that no one had previously developed a
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`handheld sports recording device with a screen dependent entry mechanism is not
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`enough to make an idea patentable, because an idea can nonetheless be obvious.
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`However, the use of a screen dependent entry mechanism was far fi‘om obvious when
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`I filed the ’566 patent due to the challenges involved in creating a device that could
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`successfully use a screen dependent entry mechanism despite the challenges posed
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`by exclusive outdoor use.
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`12.
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`SkyHawke and its expert are correct that screen dependent data entry
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`was used prior to my invention in the on-TV menus used with VCRS and even in
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`some pagers, but these devices were regarded as primarily (if not exclusively) indoor
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`devices.
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`In the case of a pager, as described in the Vanden Heuvel reference, they
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`were also devices where the temporary inability to read the screen was not an
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`impediment to successful use. The pager user could simply walk indoors if they
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`needed to read the pager. A handheld sports recording device offered no such luxury
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`— especially in the sport of golf. Data needed to be entered continuously and almost
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`constantly while golf was being played. Players could not simply leave the course
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`to read their screens or delay their games and the games of everyone behind them on
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`the course by waiting for more favorable LCD screen reading conditions. These
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`barriers prevented those of ordinary skill in the art from even considering the use of
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`4
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`4
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`

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`Case IPR2014-00437 & 438
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`Attorney Docket No: 30912-0OO3IPl
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`screen dependent data fields for use in a handheld sport recording device, such as
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`golf devices like the Palmer and Osamu references.
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`13.
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`In the early 1990s, however, I began to think that it might be possible
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`to develop a handheld sport recording device that could use screen dependent data
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`fields to create a new type of sports recording device interface. In particular, I
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`believed that as LCD screen technology evolved, a screen dependent entry
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`mechanism could be successfully developed into a handheld sports recording device
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`through careful division of the information screens into a series and sequence of pre-
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`game, game interactive, and post—game screens. As shown in the ’566 patent, by
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`dividing the sport to be recorded and reviewed into pre-game, game interactive, and
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`post—game information screens and further displaying those screens to a user in a
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`defined sequential fashion or a defined logical sequence, it was possible to overcome
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`the deficiencies of the LCD display technology of the time through ordered
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`presentation and organization of data and data entry in a way not previously done.
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`14.
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`As part of my development efforts, I approached several manufacturing
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`companies under NDA, including JABIL and Saturn Electronics and Engineering,
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`to manufacture a handheld device as described in the ’566 patent. At both JABIL
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`and Saturn Electronics and Engineering, I met with a variety of technicians that were
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`experienced in building handheld electronic devices of that time and following the
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`instructions of device designers to do so. At both places, I was told that handheld
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`5
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`5
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`

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`Case [PR20l4-00437 & 438
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`Attorney Docket No: 30912-0003IPl
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`computers of the time intended for outdoor use were best designed using a marked
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`keys, and I encountered surprise in proposing an alternate way.
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`I was told several
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`times that using a screen based input system for a handheld golf device — as described
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`in the ‘566 patent - was innovative.
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`15. My improved handheld sports recording device design is set forth in the
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`‘566 patent, along with claims directed to my screen dependent entry mechanism,
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`which was unused prior to my invention and would not have been obvious to those
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`in my field due to the problems that I addressed above in implementing it.
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`I declare under penalty of perjury under the laws of the United States of
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`America that the foregoing is true and correct. Executed this 19th day of December,
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`2014.
`
`/3mJ;@g
`
`Peter Wflens
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`6
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`

`
`Peter Wilens, PMP
`2331 Cheswick Drive
`Troy, MI 48084
`peterwilens@gmail.com
`248-613-7354 – Cell
`
`Experience Summary
`STRONG IT PROJECT MANAGER WITH TOP NOTCH CONSULTING AND CUSTOMER RAPPORT BUILDING SKILLS
`
`Peter is an energetic and proven Project Manager with 20+ years’ experience. Projects have ranged from
`software projects, to pure consulting projects through projects including networking infrastructure, hardware,
`software and special devices. Size of projects managed have ranged from $250,000 to over $10 million. He has
`substantial experience in the healthcare, automotive, manufacturing, and software industries. Has strong
`consulting skills and very good with IT customers.
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`
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`Subject Matter and Technical Expertise Summary
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`Has managed many different projects using an array of different technologies including but not limited to:
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`Application Types:
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`Both custom developed solutions and vendor software packages architected as
`cloud-based applications, web applications, LAN applications, and LAN applications
`with web-front ends. Also includes both real-time and batch systems.
`Java, C, C++, ASP, PHP, VB (about 20 in total)
`Oracle, MS SQL, MySQL, Access, DB2 … (about 10 databases total)
`UNIX, Windows, and others
`Substantial experience dealing with security issues
`Microsoft Project, Visio, Word, Excel, PowerPoint, SharePoint, Outlook and others
`
`
`
`Languages:
`Databases:
`Operating Systems:
`Security:
`Admin Applications:
`
`
`Education
`
`
`Master’s Degree in Business Administration (MBA)
`Finance and Quantitative Analysis
`Wayne State University School of Business
`Detroit, Michigan
`
`Bachelor’s Degree in Computer Science
`University of Michigan
`Ann Arbor, Michigan
`
`Professional Activities, Certifications and Training
`
`1. PMP – Project Management Professional Certification
`2. Member of Program Management Institute
`3. eCommerce Lecturer at Oakland University
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`7
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`Peter Wilens, PMP
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`Work History and Projects
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`
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`Covisint (Nov 2011 TO May 2014) – Compuware is primary stockholder
`Publicly Held Company Specializing in Cloud Based Applications for Healthcare and Automotive Industries
`Reason for Leaving: Due to major announced net loss in May, CEO made strategic decision to ax multiple
`product areas one of which I was supporting.
`
`
`Project: Cloud based Healthcare Analytics and Patient Outreach Portal
`Client: East Coast Based Hospital System
`Role: Delivery Manager
`
`As Delivery Manager, managed the implementation of a cloud based information repository and analytics
`solution for a medium sized hospital system. Allowed them to monitor and improve the quality of care
`delivered by their physicians and reduced costs by providing a means to monitor patient metrics and easily
`identify high risk patients for inclusion in outreach programs. Also provided a means to secure increased
`federal reimbursements through collecting, monitoring and reporting ACO metrics.
`
`Project: Cloud based Healthcare Analytics Engine and Data Repository
`Client: Southeastern Hospital System and Clinical Integration Group
`Role: Delivery Manager
`
`As Delivery Manager, managed the implementation of a cloud based analytics engine and information
`repository for a hospital system that was building a clinical integration group initially consisting of 100+
`physician practices. Allowed this group to define and monitor physician standards of care for 20 different
`specialties included within this group. It also provided for a highly effective means for physician practices to
`easily bill for their services via use of a daily visit planner including CPTII codes. Finally, it is providing group
`with the fact-base required to negotiate better rates with private insurers by proving they are providing high
`quality care.
`
`CONTRACTOR TO SYSTEMS THINKING (Aug 2010 to Oct 2011)
`Specializing in project management and technology consulting. Primarily focused on automotive industry.
`Reason for Leaving: Project ended and GM IT department made decision to manage all projects moving forward
`using in-house employees.
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`
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`Project: RFID Asset Tracking – Planning, Requirements Definition and Proof of Concept Project
`Client: GM Powertrain
`Role: Senior Project Manager (on contract through project end)
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`As Senior Project Manager, managed the development of requirements and proof-of-concept for this RFID
`asset tracking project at GM Powertrain. Proof-of-concept included the implementation of RFID software and
`infrastructure throughout one 450,000 square foot engineering building. During proof-of-concept, two
`different vendor technologies were installed and tested against predefined criteria. An in-depth RFID research
`report was also custom developed to help identify which RFID technologies would be likely best suited for this
`client.
`
`CSC (Feb 2008 to June 2010)
`Global Outsourcing Company in the Healthcare Division
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`Peter Wilens, PMP
`
`Project: Women's Health Obstetrics Information Systems
`Client: Henry Ford Health Systems
`Role: Project Manager
`
`As Senior Project Manager, managed the overall implementation of this software and technology project to
`modernize the obstetrics area at a major healthcare system. Project included three phases: 1) HFHS Main
`Hospital 2) HFHS WBH Hospital 3) Data Archiving. Project included two hospitals, 15 clinics and over 500 users.
`Project included the implementation of infrastructure, hardware, and software also including the
`implementation of specialized technology (e.g., fetal monitors). System included both web-based and LAN-
`based applications.
`
`Project: Special Projects (3)
`Client: Henry Ford Health Systems
`Role: Project Manager / Lead Consultant
`
`In this role, performed a number of requirements gathering and costing studies to determine the feasibility of
`implementing several different software and technology solutions at this customer site. Studies included, but
`were not limited to: 1) Implementing an obstetrics solution at two additional hospitals 2) Implementing an
`improved enterprise-wide record and image scanning repository solution and 3) Implementing several clinical
`integration groups including all required technology.
`
`
`CELENIUM GROUP (2002 to Feb 2008)
`Specializing in project management and technology consulting. Primary focus was on automotive,
`manufacturing and software industries. Managed numerous projects and consulting engagements such as:
`
`
`Project: Product Development Modernization Program
`Client: Siemens PLM Software / Visteon
`Role:
`Interim Program Manager
`
`As interim Project Manager, led software company team to implement new global processes and global
`product development (and PDM/PLM) software package suite for tier one automotive company. Program
`investment exceeded $30 million with potential cost savings of $500M.
`
`Project: Development of Social Networking Site Project
`Client: Friendworks.com
`Role: Senior Project Manager
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`Senior Project Manager responsible for design and development of a social networking web-site called
`Friendworks.com. Friendworks.com was designed to match people into groups of friends based on common
`interests.
`
`Project: Data Center Consolidation Project
`Client: ACS / GM
`Role: Lead Consultant
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`As Lead Consultant, developed strategy, architecture and summary level plan to consolidate 10 data centers
`into one primary data center. Required detailed analysis of data center operations, infrastructure and
`applications. Plan approved and implemented by executive management.
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`Project: IT Plant Data Collection, Analysis, and Strategy Project
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`Peter Wilens, PMP
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`Client: Johnson Controls
`Role: Senior Project Manager
`
`As Senior Program Manager, led effort to inventory all plant application, infrastructure and people assets
`throughout company. Completed effort in record time with 100% participation from all plants.
`
`FIREPOND MANUFACTURING GROUP (1999 - 2002)
`Sales and CRM Software Company selling to Fortune 1000 Companies
`Responsible for professional services, data operations, recruiting and business development. Major
`engagements and business responsibilities included:
`
`Project: Sales and Marketing Modernization Project (Electrical Components Manufacturer)
`Client: ABB
`Role: Program Manager
`
`As Program Manager, successfully implemented a global web-based sales, CRM and manufacturing business
`processes and software modernization program for this global electrical components company. Included 50+
`consultants, $10M budget and delivered in 16 months. Program highly praised by Corporate Executive
`Management Committee.
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`Project: Sales and Marketing Modernization Program (Truck Manufacturer)
`Client: Isuzu
`Role: Senior Project Manager
`
`Managed the implementation of a new $2 million dealership system including marketing, sales and CRM
`systems for this OEM. System included both web and LAN based applications.
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`
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`OTHER EMPLOYERS
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` -
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` EDS CONSULTING (Strategic Information Technology and Healthcare Consulting Group)
`- FLORIST TRANSWORLD DELIVERY (Technology and Corporate Planner)
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`Page 4
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