FORD MOTOR COMPANY v. PAICE, LLC, ET AL
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`NEIL HANNEMANN
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`April 7, 2015
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`Prepared for you by
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`Bingham Farms/Southfield • Grand Rapids
`Ann Arbor • Detroit • Flint • Jackson • Lansing • Mt. Clemens • Saginaw
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`Page 1 of 124
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`FORD 1040
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`NEIL HANNEMANN
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`April 7, 2015
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`Prepared for you by
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`Bingham Farms/Southfield • Grand Rapids
`Ann Arbor • Detroit • Flint • Jackson • Lansing • Mt. Clemens • Saginaw
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Page 1Page 1
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` FORD MOTOR COMPANY, :
` Petitioner, :
` v. : IPR Case No:
` PAICE LLC & ABELL FOUNDATION, : IPR2014-00579
` INC., :
` Patent Owner. :
` :
`- - - - - - - - - - - - - - - - -x
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` Oral Deposition of NEIL HANNEMANN
` Washington, DC
` Tuesday, April 7, 2015
` 4:27 p.m.
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`Job No.: 78382
`Pages: 1 - 39
`Reported By: Rebecca Stonestreet, RPR, CRR
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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`Page 2Page 2
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` Oral Deposition of NEIL HANNEMANN, held at the
`offices of:
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` FISH & RICHARDSON, PC
` 1425 K Street, NW
` 11th Floor
` Washington, DC 20005
` (202) 783-5070
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` Pursuant to notice, before
`Rebecca Stonestreet, Registered Professional Reporter,
`Certified Realtime Reporter, and Notary Public in and for
`the District of Columbia, who officiated in administering
`the oath to the witness.
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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`Page 3Page 3
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` A P P E A R A N C E S
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`ON BEHALF OF PETITIONER:
` FRANK A. ANGILERI, ESQUIRE
` JOHN P. RONDINI, ESQUIRE
` BROOKS KUSHMAN, PC
` 1000 Town Center
` 22nd Floor
` Southfield, MI 48075
` (248) 226-2913
`
` - and -
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` THOMAS W. YEH, ESQUIRE
` LATHAM & WATKINS, LLP
` 555 Eleventh Street, NW
` Suite 1000
` Washington, DC 20004
` (202) 637-1039
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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`Page 4Page 4
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` A P P E A R A N C E S C O N T I N U E D
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`ON BEHALF OF THE PATENT OWNER:
` BRIAN J. LIVEDALEN, ESQUIRE
` LINDA LIU KORDZIEL, ESQUIRE
` FISH & RICHARDSON
` 1425 K Street, NW
` 11th Floor
` Washington, DC 20005
` (202) 783-5070
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`ALSO PRESENT:
` Frances Keenan, Paice LLC
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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`Page 5Page 5
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` C O N T E N T S
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`EXAMINATION OF NEIL HANNEMANN PAGE
` By Mr. Rondini 6
`
` E X H I B I T S
` (Retained by Counsel.)
`
`HANNEMANN EXHIBIT PAGE
` 5 Declaration of Neil Hannemann 6
` 6 "Computer Modeling of Automotive Energy
` Requirements of Internal Combustion Engine
` and Battery Electric-Powered Vehicles" 9
` 7 "Optimization and Control of a
` Hybrid Vehicle" 10
` 8 "A Test-Bed Facility for Hybrid IC
` Engine/Battery-Electric Road Vehicle
` Drive Trains" 10
` 9 Ford Exhibit 1105 10
` 10 Masding Reference 11
` 11 "Some Drive Train Control Problems in
` Hybrid IC Engine Battery/Electric Vehicles" 16
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`NEIL HANNEMANNNEIL HANNEMANN
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`April 7, 2015April 7, 2015
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` P R O C E E D I N G S
` (HANNEMANN Exhibit 5 was marked for
`identification and retained by counsel.)
` (NEIL HANNEMANN, having been duly sworn, testified as
` follows:)
` EXAMINATION BY COUNSEL FOR PETITIONER
`BY MR. RONDINI:
` Q Mr. Hannemann, I'm going to hand you what has
`been marked as Paice 2102, Declaration of Neil Hannemann
`in Support of Patent Owner's Response for IPR 2014-00579.
`And we've marked it as Exhibit Number 5.
` Is this the declaration that you submitted for
`this IPR matter?
` A Yes, it is.
` Q And this declaration contains your full
`opinion with regards to petitioner's arguments about the
`unpatentability of certain claims of the '347 patent?
` A I wouldn't say it contains everything about
`the petition's argument. I was mostly addressing the
`declaration submitted by Dr. Davis.
` Q Okay. Have you -- is there anything in this
`declaration that's missing that supports your argument
`regarding the patentability or unpatentability of the
`claims?
` A Well, if there's something -- I was critiquing
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`NEIL HANNEMANNNEIL HANNEMANN
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`or rebutting what was in Dr. Davis' report, so to the
`extent that he left anything out, I guess mine would be
`complete.
` Q Well, let's turn to paragraph 3 real quick.
` A (Witness complies.)
` Q Paragraph 3, you state: "I understand that
`the Board has instituted review of the following claims
`of the '347 patent," and you list Claims 1, 7, 8, 18, 21,
`23, and 37.
` Does your declaration have any opinions
`regarding the patentability of Claims 18, 21, or 37?
` A No. There's nothing in the table of contents
`about those three claims, so without reading the whole
`declaration, I would...
` Q Do you recall writing up any opinions
`regarding those claims?
` A Well, let me look at the claims real quick.
` Q Sure.
` MR. LIVEDALEN: Are these the same -- are
`these old exhibits or new exhibits?
` MR. RONDINI: For this matter, we only brought
`one copy of the '347. So let the record be clear that,
`for this IPR matter, we are going to go back to the
`Exhibit 3 from the previous '571 petition. It's Ford
`Exhibit 1101.
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` MR. LIVEDALEN: You want to call it Exhibit 3
`in this one as well?
` MR. RONDINI: Yeah, we'll call it Exhibit 3 in
`this one.
` MR. LIVEDALEN: Sure.
` A Okay. Which claims were you asking about?
` Q 18, 21, and Claim 37.
` A No, I don't think I wrote up anything about
`those.
` Q Okay. I wasn't trying to be tricky. I just
`wanted to make sure.
` A Yeah.
` Q Okay. On paragraph 4, you identify the
`prior art references you discuss in your declaration.
`Correct?
` A Yes.
` Q And you identify them as Clarke, Bumby 1987,
`Forster, Bumby 1988; and Masding, M-A-S-D-I-N-G. Is that
`correct?
` A Yes.
` Q I'm going to hand to you, Mr. Hannemann,
`what's been marked Ford Exhibit 1103, titled
`"Computer Modeling of the Automotive Energy Requirements
`of Internal Combustion Engine and Battery
`Electric-Powered Vehicles," that's been marked Exhibit
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`Number 6.
` (HANNEMAN Exhibit 6 was marked for
`identification and retained by counsel.)
` Q Now, with respect to paragraph number 4, this
`is the reference you refer to as Clarke. Is that
`correct?
` A Yes, it is.
` Q Why did you reference it as Clarke?
` A Well, I would have thought that Clarke would
`have been the first author, but he isn't on this
`particular exhibit.
` Q Who is the first author on this exhibit?
` A Bumby is.
` Q So if you had to go back, you would probably
`name this one Bumby, 1985?
` MR. LIVEDALEN: Objection. Vague, calls for
`speculation.
` A Well, I might look and see if this had been
`published anywhere else, just to confirm that I did look
`at it. But it's from the IE proceedings, so -- yeah, so
`I guess I'm just not sure what happened there.
` Q I'm going to hand to you what's been marked
`Ford Exhibit 1104, titled "Optimization and Control of a
`Hybrid Vehicle," and this is going to be marked
`Exhibit Number 7.
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` (HANNEMANN Exhibit 7 was marked for
`identification and retained by counsel.)
` Q And this is the reference that you identify in
`paragraph number 4 as Bumby 1987. Is that correct?
` A Yes, it is.
` Q I'll now hand you Ford Exhibit 1106, titled "A
`Test-Bed Facility For Hybrid IC Engine/Battery-Electric
`Road Vehicle Drive Trains." This is going to be marked
`Exhibit Number 8.
` (HANNEMANN Exhibit 8 was marked for
`identification and retained by counsel.)
` Q Is this the exhibit you identify as Forster?
`Is that correct?
` A No, this is actually the one I called
`Bumby '98 -- or sorry, Bumby '88.
` Q Bumby, '88. Okay.
` Okay. I'm going to hand you Exhibit 1105,
`then. We'll mark this one as Exhibit Number 9. And now
`this is the one you referred to as Forster. Is that
`correct?
` A That's correct.
` (HANNEMANN Exhibit 9 was marked for
`identification and retained by counsel.)
` Q Lastly, I'm going to hand you what has been
`marked Paice 2005, which we will mark as Exhibit
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`Number 10.
` (HANNEMANN Exhibit 10 was marked for
`identification and retained by counsel.)
` Q And this is the reference you referred to as
`Masding. Is that correct?
` A Yes.
` Q Paragraph 7 -- well, why don't you read
`paragraph 7 into the record? It's not that long.
` A "First, in my opinion, a person of ordinary
`skill in the art would not have been motivated and/or
`would not have had reason to combine the Bumby
`references, because the Bumby 1998 and Masding references
`disclosing the implementation of a test bed teach away
`from the use of the control algorithms disclosed in the
`Bumby 1987 and Forster references."
` Q What do you mean that the references teach
`away from the use of the control algorithms disclosed in
`the Bumby, 1987 and Forster references?
` A Well, throughout those references, they
`started with what they called an optimized control
`strategy, and even in those papers, they went away from
`that to what they called their suboptimal strategy. And
`that was mostly for reasons of computing power.
` And then when they got to the test bed, they
`discovered that even the suboptimal strategy created a
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`vehicle that they thought customers wouldn't be happy
`with. There were too many gear shifts. So they then
`again changed the strategy and simplified it to strictly
`a speed-based gear shift mode.
` Q What does "teach away" mean?
` MR. LIVEDALEN: Objection. Vague, calls for
`legal conclusion.
` A Well, it's something that would discourage --
`or, you know, using that particular teaching.
` Q So is it your opinion that Bumby 1987 and
`Forster expressly state not using the suboptimal control
`algorithm?
` A No, no. They state not using the optimal
`control algorithm, and it's the Bumby '98 -- or sorry,
`Bumby '88 that teaches not to use the suboptimal.
` Q So Bumby 1988 expressly states not to use a
`suboptimal control algorithm?
` A I believe so, yes.
` Q And the Masding reference also expressly
`states not using a suboptimal control algorithm?
` A Yeah, let me just double-check that.
` So Masding uses the speed-based mode
`controller.
` Q Where exactly are you looking right now? Are
`you looking at your declaration?
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` A I'm looking in my declaration at paragraph 61.
` Q So in paragraph 61 you have quoted and
`italicized a portion from Masding, which you say is
`Exhibit 1107 at 19. Is that correct?
` A Yes.
` Q And you say this supports your opinion that
`Masding expressly teaches away from using the suboptimal
`control algorithm?
` A Yes.
` Q Where does it state that in this paragraph
`that you've placed in your declaration?
` MR. LIVEDALEN: Objection. Vague.
` A Well, the suboptimal control strategy was a
`power-based mode control, and this statement that they've
`used an arbitrary speed-based mode indicates that
`they've -- they have done something different. It says
`gear shifting occurs at fixed speeds, and that's clearly
`different than the suboptimal control.
` Q Why is it called arbitrary torque control, or
`arbitrary speed-based mode controller, as it's used in
`the paragraph?
` MR. LIVEDALEN: Objection. Calls for
`speculation.
` A Yeah, I'm not sure why they chose to name that
`the way they did.
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` Q Well, if you could, could you open up
`Exhibit 1107 and turn to...
` I'm sorry. You're going to have to go to
`2005. It's still the same page number. So it's 2005 at
`19.
` A (Witness complies.)
` Q Okay. So the paragraph you identify here,
`it's on this page. Correct?
` A Yes.
` Q Now, you've read this whole reference. Right?
`Correct?
` A Yes.
` Q Did you read the section under Section 8,
`titled Discussion?
` A Yes.
` Q If you could, could you please read into the
`record the first two sentences?
` A "Results obtained in the previous section for
`the ECE 15-cycle used a completely arbitrary control
`strategy to determine individual use of the engine and
`the motor and transmission shifting. This arbitrary
`strategy is intended to purely demonstrate that the
`fully-integrated control system is capable of following
`the dictates of any more sophisticated control strategy
`such as those described in Bumby and Forster."
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` Q Parentheses, 1987?
` A 1987.
` Q What is Bumby and Forster (1987) that he
`expressly references in this second sentence?
` A That would be...
` Q If you need help -- if you want to look over
`on the right-hand side under References?
` A Well, yeah, I just want to make sure, since
`you've got some different naming. But yeah,
`"Optimization and Control of a Hybrid Electric Car."
` Q So you're looking at Ford Exhibit 1104, which
`you identified as Bumby 1987 and petitioner identified as
`Bumby 2. Is that correct?
` A Yes.
` Q So the second sentence here, correct me if I'm
`wrong, it states that "the arbitrary strategy is just
`demonstrated to -- to demonstrate that the
`fully-integrated control system that's disclosed in Bumby
`and Forster, 1987 can be performed." Is that correct?
` A I'm sorry. Can you repeat that again?
` Q Sure. Well, what does the second sentence
`mean to you?
` A Well, this was a bench test where they're just
`testing the components, and they didn't necessarily run
`the strategy. Now, they did that to try to demonstrate
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`that you could follow a strategy, but I don't think they
`demonstrated that they actually could.
` Q But doesn't the second sentence seem to
`indicate that the arbitrary torque control that you've
`identified is strictly for demonstration, and the goal is
`to move to the control strategy described in Bumby and
`Forster, 1987?
` MR. LIVEDALEN: Objection. Calls for
`speculation.
` A Well, I know that they still have issues with
`this. And even in the 1987 reference, they discussed
`reasons that would prevent the strategy from working. So
`it's hard to determine if the test bed is strictly a
`component, and how much more work it would require to
`actually use that strategy.
` Q I'm going to mark what's been labeled
`Paice 2104, "Some Drive Train Control Problems in Hybrid
`IC Engine Battery/Electric Vehicles," which we will mark
`as Exhibit Number 11.
` (HANNEMANN Exhibit 11 was marked for
`identification and retained by counsel.)
` Q Mr. Hannemann, do you recognize Exhibit
`Number 11?
` A Yes.
` Q What is Exhibit Number 11?
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` A Well, it's a thesis written by Masding, and
`it's a -- it kind of encompasses a lot of the elements of
`all of the other five papers.
` Q I'm sorry. It's a -- it encompasses a lot of
`the elements of all the other five papers?
` A Yeah, it references -- let's see. I don't
`know that it actually references them. But it discusses
`the computer modeling simulation, and the testing that
`was done.
` Q Why have you referenced the Masding thesis?
` A Well, it's actually one that talks about, you
`know, the shortcomings and issues that still exist with
`this type of strategy.
` Q Does it expressly state that the suboptimal
`control algorithm should not be used?
` A Well, it says that it would lead to
`unacceptable drivability on the road.
` Q Where are you looking right now?
` A Well, I'm looking in my declaration,
`paragraph 64.
` Q And so the first -- or actually, the second
`sentence here, you state: "As in Masding, however, the
`Masding thesis discloses using a purely vehicle
`speed-based hybrid control system. See Exhibit 2104 at
`page 239."
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` So why don't we flip to page 239?
` A (Witness complies.)
` Q Now, you're referencing the paragraph right
`above Section 8.2, "Proposals For Future Work." Is that
`correct? It looks like you're referencing the last
`sentence, actually.
` A Maybe I've got the wrong page.
` Q 240. It's 240 as marked. It's not the actual
`240 of the thesis.
` A Okay. I got you.
` Q Could you actually read the first two
`sentences of that paragraph into the record, please?
` A "Once correct action of the component
`controllers and associated sequencing logic had been
`demonstrated with the speed-based mode strategy, the
`logical extension is to include a mode-based control
`strategy aimed at maximizing vehicle efficiency. To do
`this, the suboptimal controller devised in previous work
`at Durham is most appropriate."
` Q So I'm confused. It sounds like from that
`second sentence, the Masding thesis is actually stating
`that the suboptimal control algorithm is supposed to be
`eventually used. Is that correct?
` MR. LIVEDALEN: Objection. Vague.
` A Well, they want some corrective action. So it
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`relies on some corrective action in order to be used.
` Q But this paragraph doesn't expressly state not
`using a suboptimal control strategy, does it?
` A Well, it doesn't say to use it or not. It
`just states in order to do it -- one sentence says it
`needs corrective action, and the next sentence is -- I'm
`assuming if the corrective action is okay, that it would
`be the most appropriate. And the third sentence says it
`hasn't been perfected. So...
` Q Earlier today, you were talking about some of
`your experience as an engineer at Chrysler, and you were
`talking about some projects you had been involved with.
`And you talked about certain projects you had worked on
`where continuous improvements would be needed, where
`somebody is likely to take an existing design and try to
`improve it.
` Do you recall any of that testimony?
` MR. LIVEDALEN: Objection. Mischaracterizes
`previous testimony.
` A I discussed continuous improvement as
`something as -- of a process, yes.
` Q Doesn't this paragraph seem to suggest
`continuous improvement of the hybrid control so that
`eventually the suboptimal controller could be used?
` A No. Continuous improvement is something
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`that's applied to a product that's mature and in
`production, and it can have -- it could have implications
`such as quality improvements, cost reduction, weight
`reduction.
` This type of thing is what you would look at
`for what some companies call concept readiness. So
`before you apply a new design, there are standards that
`have to be met to have a concept ready for production
`before it goes on to the next step.
` So yeah, this is a concept readiness-type
`issue, and continuous improvement is for mature products
`already in production.
` Q Can you turn back to the previous page of the
`Masding thesis, page 239?
` A Yeah.
` Q The last paragraph there, the sentence that
`starts, "In chapter 7"; do you see that?
` A Yes.
` Q Could you read into the record that sentence
`and the sentence that follows it? I'm sorry, into the
`record, out loud.
` A Okay. But it kind of is lacking if you don't
`read...
` Q If you want to read the first two sentences of
`that paragraph, go ahead.
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` A I guess just the sentence ahead says: "This
`software must interpret the driver's pedal positions as a
`power demand and then schedule the load between the
`engine and the motor" -- sorry. Just "the engine and
`motor."
` "In chapter 7, a simple speed-based mode
`controller was developed to carry this out. This
`strategy did not attempt to schedule loading in the most
`efficient way, but simply switched between modes and
`gears at predetermined speeds."
` Q So the last sentence there, what does that
`sentence mean to you?
` MR. LIVEDALEN: Objection. Vague.
` A Well, that they didn't -- you know, they
`didn't complete the strategy, or the software, in order
`to do the scheduled loading, but they were just
`switching. So it's more of what they called it, a test
`bed.
` Q They called what a test bed?
` A The test they called their -- they didn't
`actually create a vehicle. They created a test bed, and
`they simplified the type of testing they did.
` Q Okay. Have you looked back and read
`Chapter 7?
` A Well, I've read it at one point, yes.
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` Q Well, if you could, could you flip to
`page 207?
` A (Witness complies.) Okay.
` Q Are you there? Do you see the section titled
`"7.2, A Speed-Based Mode Controller"?
` A Yes.
` Q Could you read for the record the first two
`sentences?
` A "Eventually the hybrid mode controller must
`carry out a complex efficiency-oriented strategy for test
`purposes. However, a simple, speed-based strategy was
`used to investigate the interaction between mode
`controller, sequencing logic, and component control."
` Q Are they referring to the same speed-based
`control algorithm that you said teaches away from using
`the suboptimal controller?
` A I don't know if they -- how many different
`strategies they tested, but it's likely that it's the
`same strategy.
` Q But doesn't the second sentence say that it's
`just for test purposes only?
` A Yeah, following a statement that eventually it
`must carry out a complex strategy. So they simplified
`the strategy in order to do the testing.
` Q Right. And going back to 240, it said that
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`the more complex strategy was a suboptimal control
`algorithm. Correct?
` A And before that, they said there was an
`optimized control strategy.
` Q Right. But with respect to the Masding
`thesis, it said on page 240 that eventually, after
`speed-based control was tested, speed-based control
`algorithm corrected the component control problems, they
`were going to switch to the suboptimal control algorithm.
`Is that correct?
` A Yeah, that was their plan. And yeah, they had
`a plan to get to what I would call a concept readiness
`phase, so there was work to do still to prove out the
`concept.
` Q So where does the Masding thesis teach away
`from using the suboptimal control algorithm?
` A Well, they didn't actually test that.
` Q Okay.
` A And also, I think when they -- they did have
`the unacceptable drivability issue.
` Q Wasn't the component control problem the whole
`reason that Masding wrote a dissertation paper?
` MR. LIVEDALEN: Objection. Calls for
`speculation.
` A Yeah. I'm not sure why he wrote his
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`dissertation.
` Q Can you turn to paragraph 40 -- or I mean
`page 40?
` A Of which?
` Q Of the Masding thesis, I'm sorry. Exhibit 11.
` A (Witness complies.)
` Q Do you see the first full paragraph on this
`page where it starts, "Carrying out"?
` A Yes.
` Q Can you read that full paragraph into the
`record?
` A "Carrying out the optimization process in full
`involves quite complex calculations, particularly to
`determine losses in the prime movers. Consequently,
`although it would be ideal to include it in an
`operational vehicle, there simply is too much work
`involved for realtime computation. By considering the
`usage patterns for both the engine and the motor over an
`optimally controlled cycle, however, it is possible to
`devise a suboptimal control algorithm, based on a number
`of simple rules which produces virtually the same economy
`as the fully optimal case (Bumby and Forster, 1987). It
`is the practical component control problems raised by
`this suboptimal control strategy which provided the
`motivation for the work described in this thesis.
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` Q So going back to my previous question, what
`was -- does this paragraph seem to indicate to you what
`the reasoning was that Phillip Masding wrote this
`dissertation paper?
` MR. LIVEDALEN: Same objection.
` A Yeah, not really. Because you still have, you
`know, the issues identified here, plus I'm not sure that
`I agree -- I'm not sure I agree that they had better fuel
`economy.
` I think the fuel economy of the -- of any of
`their strategies was actually worse than a conventional
`vehicle, which again would teach away from using the
`concept.
` Q Well, let's take it one step at a time. We
`were talking about teaching away, and we started with
`Masding, and you were talking about the speed-based
`controller there. And you said that the speed-based
`controller teaches away from using the suboptimal control
`algorithm. And I believe you cited to paragraph 67 of
`your declaration, and that's how we started down this
`course of questioning. Is that correct?
` A Yes.
` Q So I'm simply just asking the Masding thesis
`expressly states not using the suboptimal control
`algorithm?
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` A I think they state that it requires more work
`to make it functional.
` Q The fact that more experimentation or more
`work needs to be done, is that in your opinion something
`that teaches away from using it?
` A Yeah, if something is not ready for
`implementation, then yeah, a reasonable engineer wouldn't
`implement it.
` Q Wouldn't a reasonable engineer keep working to
`perfect it?
` A Sure. And once the work's done to perfect it,
`then an engineer might consider implementing that.
` Q So it's your opinion that something has to be
`perfect before it can be implemented?
` MR. LIVEDALEN: Objection. Mischaracterizes
`previous testimony.
` MR. RONDINI: Actually, I don't think I did.
` A I don't think I said the word "perfect." I
`think that there are certain things that have to -- every
`company has different kind of qualifications[sic] for
`implementation-ready of a concept, and the concepts that
`have a known problem and need additional work typically
`don't fall in the category of concepts that you would
`implement.
` Q Okay. I'm going to go back, since you
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`disagreed after his objection, and I'm going to just
`quote what you said. And if you want to correct it, go
`ahead.
` You stated, "Once the work is done to perfect
`it, an engineer might consider implementing that."
` Is that a correct statement?
` A Okay. I guess "perfect" is to take care of
`the problems that they feel that they have with it.
` Q So when does an engineer -- when does an
`engineer decide that the problems had been corrected and
`the work is perfect?
` MR. LIVEDALEN: Objection. Calls for
`speculation.
` A If somebody says they've got problems with
`their own work - and that's the title of the Masding
`thesis; it has the word "problem" in it - it states that
`there is further work that needs to be performed, then a
`reasonable engineer wouldn't take that as something you
`would implement.
` Q Even though the Masding thesis says that once
`the problems are corrected, they're going to implement
`it. It's your opinion that a reasonable engineer reading
`this thesis would disregard the suboptimal control
`algorithm?
` MR. LIVEDALEN: Objection. Mischaracterizes
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`his previous testimony.
` A No. But they would -- if they thought this
`concept had promise, they would look for the continuation
`or the solving of those problems.
` Q I'm going to take you back to paragraph 7 of
`your report. And you have a footnote here and I'm just
`confused by this, and I want to try to get your answer on
`it.
` You state: "As I explain in more detail
`below, Clarke does not disclose how to control a hybrid
`vehicle, nor does it disclose
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