UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MASTERCARD INTERNATIONAL INCORPORATED
`
`Petitioner
`
`V.
`
`JOHN D’ AGOSTINO
`
`Patent Owner
`
`Case IPR2014-00543
`
`Patent 8,036,988
`
`DECLARATION OF EDWARD L. GUSSIN IN REPLY TO PETITIONER’S
`
`OBJECTIONS TO DECLARATION FILED WITH PATENT
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`OWNER’S RESPONSE
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`Patent Owner - Ex. 2008, p. 1
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`MasterCard, Exh. 1026, p. 1
`
`
`
`
`
`Patent Owner - Ex. 2008, p. 1
`
`MasterCard, Exh. 1026, p. 1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MASTERCARD INTERNATIONAL INCORPORATED
`
`Petitioner
`
`V.
`
`JOHN D’ AGOSTINO
`
`Patent Owner
`
`Case IPR2014-00543
`
`Patent 8,036,988
`
`DECLARATION OF EDWARD L. GUSSIN IN REPLY TO PETITIONER’S
`
`OBJECTIONS TO DECLARATION FILED WITH PATENT
`
`OWNER’S RESPONSE
`
`Patent Owner - Ex. 2008, p. 1
`
`MasterCard, Exh. 1026, p. 1
`
`
`
`
`
`Patent Owner - Ex. 2008, p. 1
`
`MasterCard, Exh. 1026, p. 1
`
`
`
`1.
`
`My name is Edward L. Gussin, and I have been retained by the Patent
`
`Owner to provide my opinions as they relate to US. Patent 8,036,988, which is the
`
`subject of the present Inter Partes Review, and US. Patent 7,840,486, which is the
`
`subject of IPR2014—00544.
`
`2.
`
`I made a previous declaration (Exhibit 2007) that was submitted with
`
`the Patent Owner’s Response, filed December 5, 2014. That declaration included
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`my curriculum vitae as Appendix A, and a list of my prior engagements as
`
`Appendix B.
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`3.
`
`I am making this declaration in response to Petitioner’s objections to
`
`my previous declaration concerning my qualifications to serve as an expert witness
`
`in this proceeding.
`
`4.
`
`As shown in Appendix A, I received a BS. in Electrical Engineering
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`from the Illinois Institute of Technology in 1975, and an M.S. in Electrical
`
`Engineering from the University of Southern California in 1979.
`
`5.
`
`As shown in Appendix A, from May, 1975 through August, 1976, I
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`was a computer hardware designer and software programmer at GTE Automatic
`
`Electric in Northlake, Illinois.
`
`6.
`
`As shown in Appendix A, from August, 1976 through April, 2011, I
`
`was an electrical engineer developing signal and data processing electronics, with
`
`1
`
`Patent Owner - Ex. 2008, p. 2
`
`MasterCard, Exh. 1026, p. 2
`
`
`
`Patent Owner - Ex. 2008, p. 2
`
`MasterCard, Exh. 1026, p. 2
`
`
`
`progressively expanding responsibility in program management and technical
`
`leadership positions at Raytheon Company, formerly Hughes Aircraft Company in
`
`El Segundo, California.
`
`7.
`
`Throughout my entire 39 year career as an electrical engineer, I have
`
`been engaged in the design and development of complex computer hardware and
`
`software systems with technology similar to the systems described in the patents at
`
`issue in this case. In particular, I have been responsible for leading technical efforts
`
`to establish design requirements for computing systems that meet user objectives
`
`and performance goals. As part of this work, I have had to analyze and understand
`
`descriptions of user interfaces, functional performance specifications, and design
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`characteristics, a task that require many of the same skills used in patent claim
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`interpretation and analysis of prior art.
`
`8.
`
`1 also have many years of experience leading the design and testing of
`
`computing systems. This experience provides me with the ability to understand
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`technical electrical engineering issues as they relate to patent infringement cases,
`
`and to provide opinions on the correct claim construction and anticipation based on
`
`a thorough analysis.
`
`9.
`
`As shown in Appendix B, I have served as an expert witness,
`
`including trial testimony, depositions, and preparing declarations, on electrical
`
`Patent Owner - Ex. 2008, p. 3
`
`MasterCard, Exh. 1026, p. 3
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`
`
`Patent Owner - Ex. 2008, p. 3
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`MasterCard, Exh. 1026, p. 3
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`
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`engineering matters in multiple patent infringement cases, which are discussed
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`below.
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`10.
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`I have served as an expert witness, including trial testimony,
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`depositions, and preparing declarations, on electrical engineering matters, on two
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`video game patent infringement cases. The patent at issue in this case was
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`3,900,886, titled “Sonic color system.” I provided testimony on claim construction,
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`anticipation and obviousness. Coyle V. Nintendo (C.D. CA) and Coyle V. Sega,
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`Case No. 2:90-cv—2323 (C.D. CA).
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`11.
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`I have served as an expert witness, including depositions and
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`preparing declarations, on electrical engineering matters on a patent infringement
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`case relating to a software system. The patent at issue in this case was 4,689,737,
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`titled “Integrated environment computer system control structure with natural
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`language interface.” I provided testimony on claim construction, anticipation and
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`obviousness. Grant v. Apple, Case No. 2:93-cv-808 (CD. CA).
`
`12.
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`I have served as an expert witness, including preparing declarations,
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`on electrical engineering matters on a patent infringement case relating to a
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`security system. The patent at issue in this case was 4,494,114, titled “Security
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`arrangement for and method of rendering microprocessor—controlled electronic
`
`equipment inoperative after occurrence of disabling event.” I provided testimony
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`Patent Owner - Ex. 2008, p. 4
`
`MasterCard, Exh. 1026, p. 4
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`
`
`
`
`Patent Owner - Ex. 2008, p. 4
`
`MasterCard, Exh. 1026, p. 4
`
`
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`on claim construction, anticipation and obviousness. Int’l Elec. Tech. V. Direch,
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`Case No. cv-97—2678 (C.D. CA).
`
`13.
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`I have served as an expert witness, including depositions and
`
`preparing declarations, on electrical engineering matters on a patent infringement
`
`case relating to scanning electron microscope data processing. The patent at issue
`
`in this case was 5,212,383, titled “Color synthesizing seaming electron
`
`microscope.” I provided testimony on claim construction, anticipation and
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`obviousness. Scharf V. Applied Materials, Case No. cv-01—065 80 (CD. CA).
`
`14.
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`I have served as an expert witness, including depositions and
`
`preparing declarations, on electrical engineering matters on a patent infringement
`
`case relating to a video game. The patent at issue in this case was 5,524,637, titled
`
`“Interactive system for measuring physiological exertion.” I provided testimony on
`
`claim construction, anticipation and obviousness. Impulse Technology v. Nintendo,
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`Ubisoft, THQ, Konami, Maj esco, and Namco Bandai, Case No. ll-cv—025 19-]G
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`(ND. Ohio).
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`15.
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`I have served as an expert witness, including depositions and
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`preparing declarations, on electrical engineering matters on a patent infringement
`
`case relating to secure credit card data processing. The patent at issue in this case
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`was 6,792,464, titled “System for automatic connection to a network.” I provided
`
`Patent Owner - Ex. 2008, p. 5
`
`MasterCard, Exh. 1026, p. 5
`
`
`
`Patent Owner - Ex. 2008, p. 5
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`MasterCard, Exh. 1026, p. 5
`
`
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`testimony on claim construction, anticipation and obviousness. SmartMetric V.
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`MasterCard, Visa, Case No. CV 11-7126 MWF (CD. CA).
`
`16.
`
`I am named as an inventor on foor US. patents as follows: 4,718,028
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`titled “Extremely high speed, real-time background filter for radiation detectors”,
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`4,782,335 titled “Video art electronic system”, and 5,266,980 titled “Synchronized
`
`audio Visual story-telling toy.” The disclosure of the fourth patent is restricted
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`under a US. secrecy order.
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`17.
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`I hereby acknowledge that any willful false statements made in this
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`declaration is punishable under 18 U.S.C. 1001 by fine or imprisonment of not
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`more than five (5) years, or both.
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`Executed this 17th day of December, 2014.
`
`amaflmm
`
`Edward L. Gussin
`
`Patent Owner - Ex. 2008, p. 6
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`MasterCard, Exh. 1026, p. 6
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`
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`Patent Owner - Ex. 2008, p. 6
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`MasterCard, Exh. 1026, p. 6
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`
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