`
` UNITED STATES
`
` PATENT AND TRADEMARK OFFICE
`
` _____
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` _____
`
` FORD MOTOR COMPANY,
`
` Petitioner,
`
` vs. US Patent No. 7,104,347
`
` IPR Case No.: IPR2014-00571
`
` PAICE LLC & ABELL
`
` FOUNDATION, INC.,
`
` Patent Owner.
`
` __________________________/
`
` DEPOSITION OF GREGORY W. DAVIS, Ph.D.
`
` Southfield, Michigan
`
` May 8, 2015
`
`Reported by:
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`Paula S. Raskin, CSR-4757
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`Job no: 14127B
`
`TransPerfect Legal Solutions
`212-400-8845 - Depo@TransPerfect.com
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`PAICE 2012
`Ford v. Paice & Abell
`IPR2014-00571
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`Page 2
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` DEPOSITION OF GREGORY W. DAVIS, Ph.D., taken on
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` May 8, 2015 by the Plaintiffs at the Law
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` Offices of Brooks Kushman, 1000 Town Center,
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` Floor 22, Southfield, Michigan, before Paula S.
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` Raskin, Certified Shorthand Reporter and Notary
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` Public in and for the State of Michigan, County
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` of Oakland.
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` A P P E A R A N C E S:
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`
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` FOR THE PETITIONER:
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`
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` BROOKS KUSHMAN, PC
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` BY: JOHN P. RONDINI, ESQ.
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` FRANK A. ANGILERI, ESQ.
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` 1000 Town Center, Floor 22
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` Southfield, Michigan 48075
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` (248) 358-4400
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` jrondini@brookskushman.com
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` fangileri@brookskushman.com
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` FOR THE PATENT OWNER:
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`
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` FISH & RICHARDSON
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` BY: PETER GUARNIERI, ESQ.
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` BRIAN J. LIVEDALEN, ESQ.
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` 1425 K Street NW, 11th Floor
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` Washington, DC 20005
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` (202) 783-5070
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` guarnieri@fr.com
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` livedalen@fr.com
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`Page 4
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` INDEX TO EXAMINATIONS
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` Witness Page
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` GREGORY W. DAVIS, Ph.D.
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` EXAMINATION BY MR. LIVEDALEN: 6
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`
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` INDEX TO EXHIBITS
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`
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` Exhibit Page
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` (Exhibits attached to transcript.)
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` EXHIBIT 1 - Reply Declaration of 7
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` Dr. Gregory W. Davis
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` EXHIBIT 2 - US Patent 5,343,970 12
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` EXHIBIT 3 - Declaration of Dr. Gregory W. Davis 41
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` in Support of Inter Partes Review -
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` Patent No. 7,104,347
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` EXHIBIT 4 - US Patent No. 7,104,347 B2 72
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` EXHIBIT 5 - Excerpt - 2013 C-Max Full Hybrid 79
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` Owners Guide
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`Page 5
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` P R O C E E D I N G S
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` Southfield, Michigan
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` May 8, 2015
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` 12:20 p.m.
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` * * * *
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` GREGORY W. DAVIS, Ph.D.,
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` having been called as a witness herein, was
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` first duly sworn, examined, and testified as
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` follows:
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` MR. LIVEDALEN: Good afternoon, 12:20:02
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` Dr. Davis. 12:20:03
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` THE WITNESS: Good afternoon. 12:20:03
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` MR. LIVEDALEN: Could you please 12:20:04
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` state your name for the record again? 12:20:05
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` THE WITNESS: Sure. It's 12:20:07
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` Dr. Gregory W. Davis. 12:20:09
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` MR. LIVEDALEN: And you're familiar 12:20:12
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` with all the rules with regard to 12:20:13
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` depositions and we don't need to go over 12:20:15
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` those again? 12:20:16
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` THE WITNESS: No. I think we're 12:20:17
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` okay. 12:20:18
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` MR. LIVEDALEN: Got it. Great. 12:20:19
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` EXAMINATION 12:20:19
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` BY MR. LIVEDALEN: 12:20:19
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` Q. In your opinion, is power and torque 12:20:24
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` related? 12:20:27
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` A. Of course anybody of ordinary skill 12:20:30
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` in the art would know that power and torque are 12:20:32
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` related by a simple mathematical relationship. 12:20:35
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` Q. And what's that relationship? 12:20:38
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` A. Power equals roughly torque times 12:20:39
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` speed. 12:20:42
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` Q. And based on that relationship, do 12:20:43
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` you agree that it's possible to increase the 12:20:47
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` power by keeping the torque fixed and 12:20:49
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` increasing the speed? 12:20:52
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` MR. RONDINI: Objection, vague. 12:20:53
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` A. Well, if you use that simple 12:20:58
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` relationship and you hold the torque constant 12:21:00
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` and increase the speed, then of course the 12:21:02
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` power will go up. 12:21:04
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` Q. Conversely, you agree that if you 12:21:05
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` fix the power and increase the speed, the 12:21:09
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` torque would decrease, right? 12:21:12
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` MR. RONDINI: Objection, vague. 12:21:14
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` A. I think you're saying that -- if 12:21:15
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` what you mean is you hold the power constant 12:21:17
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` and then increase the rotational speed, the 12:21:20
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` torque based on that equation would then drop, 12:21:26
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` decrease. 12:21:30
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` MR. LIVEDALEN: I'm going to mark 12:21:36
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` this is Exhibit 1. 12:21:38
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` (DEPOSITION EXHIBIT 1 MARKED 12:21:39
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` FOR IDENTIFICATION at 12:21 p.m.) 12:21:39
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` Q. Dr. Davis, can you please identify 12:22:21
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` what I've just marked as Exhibit 1. 12:22:22
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` A. Yes. It appears to be my reply 12:22:27
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` declaration. 12:22:33
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` Q. And your reply declaration for what 12:22:33
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` proceeding? 12:22:36
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` A. For the IPR, Case Number 12:22:37
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` IPR2014-00571. 12:22:46
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` Q. Thank you. And that's your 12:22:47
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` signature on Page 17? 12:22:49
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` A. Yes, it is. 12:22:52
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` Q. Turn with me to Page 6, Paragraph 7. 12:22:53
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` And you see you're referring to 12:23:36
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` there what's -- what you call Severinsky '970. 12:23:37
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` Do you see that? 12:23:43
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` A. Yes, I do. 12:23:43
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` Q. And do you agree with me that that's 12:23:45
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` US Patent Number 5,343,970? 12:23:47
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` A. Yes, that seems right. 12:23:54
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` Q. And so you're fine if we call that 12:23:56
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` Severinsky '970? 12:24:01
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` A. That's fine with me. 12:24:02
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` Q. Would you mind reading this first 12:24:04
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` sentence into the record, please, in 12:24:06
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` Paragraph 7? 12:24:07
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` A. "Severinsky '970 also illustrates 12:24:08
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` that the accelerator pedal or brake pedal are 12:24:17
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` inputs to, and used by, the microcontroller as 12:24:20
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` an indication of operator commands of 12:24:23
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` acceleration and deceleration that may be used 12:24:27
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` to determine the load demand of the vehicle. 12:24:30
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` (See Exhibit 1003 at Column 10, Lines 25 12:24:32
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` through 43.) This is also illustrated in 12:24:38
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` Figure 3, annotated below." 12:24:43
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` And then I have the Figure 3 shown 12:24:45
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` on Page 6 of 17. 12:24:48
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` Q. So you state that "...the 12:24:52
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` microcontroller as an indication of operator 12:24:54
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` commands of acceleration and deceleration that 12:24:55
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` may be used to determine the load demand of the 12:24:56
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` vehicle." 12:24:59
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` What do you mean by may be used to 12:25:01
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` determine the load demand of the vehicle? 12:25:07
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` (Off the record at 12:25 p.m.) 12:25:07
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` (Back on the record at 12:25 p.m.) 12:25:08
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` Q. What do you mean in your sentence in 12:25:10
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` Paragraph 7 when you say it may be used to 12:25:11
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` determine the load demand of the vehicle? 12:25:15
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` A. Just what it says; they may be used 12:25:17
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` to determine the load demand of the vehicle. 12:25:22
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` Instantaneous torque required to propel the 12:25:27
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` vehicle. 12:25:29
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` Q. Are you saying that it does 12:25:29
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` determine the load demand of the vehicle or 12:25:30
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` that it's possible to determine the load demand 12:25:32
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` of the vehicle? 12:25:34
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` A. Well, it certainly has to determine 12:25:35
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` the load demand of the vehicle. That's how you 12:25:37
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` design a control system for a vehicle. 12:25:40
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` Q. And what's your basis for that in 12:25:43
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` the '970 patent? 12:25:46
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` A. First of all, one of ordinary skill 12:25:48
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` in the art would understand that, and they 12:25:50
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` describe -- I'm trying to look at that 12:25:56
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` particular reference, that cite. 12:25:58
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` Oops, let me get to the right 12:26:03
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` patent. 12:26:08
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` Yeah. For example, if we look at 12:26:24
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` that citation that I called out in that report, 12:26:26
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` clearly they -- for example, if you go down to 12:26:30
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` Column 10, Line 36 of a portion at least of 12:26:37
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` that whole quotation: 12:26:41
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` "If the vehicle then starts to climb 12:26:43
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` a hill, the motor is used to supplement the 12:26:45
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` output torque of the engine. Similarly, the 12:26:48
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` motor can be used to start the engine, e.g. 12:26:52
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` when accelerating in traffic or the like. The 12:26:55
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` various modes of operation of the system will 12:26:58
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` be described below in connection with Figures 4 12:27:00
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` through 9, after which further details of the 12:27:03
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` various elements of the system are provided." 12:27:06
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` Q. So you're reading from -- 12:27:10
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` A. You know, I probably should have 12:27:12
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` started at the beginning of the paragraph. 12:27:14
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` There's more in that paragraph too. 12:27:15
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` "As will be detailed below -- this 12:27:17
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` is on Line 26: 12:27:21
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` "As will be detailed below, the 12:27:22
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` microprocessor controls the flow of torque 12:27:24
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` between the motor, the engine and the wheels 12:27:26
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` responsive to the mode of operation of the 12:27:29
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` vehicle. For example, when the vehicle's 12:27:31
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` cruising along the highway, all torque is 12:27:34
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` preferably supplied from the engine. However, 12:27:37
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` when the vehicle starts down a hill and the 12:27:40
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` operator lifts his foot from the accelerator 12:27:42
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` pedal, the kinetic energy of the vehicle and 12:27:45
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` the engine's excess torque may be used to drive 12:27:49
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` the motor as a generator so as to charge the 12:27:53
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` batteries." 12:27:58
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` So he's describing that operation -- 12:27:58
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` you can see he's describing that operation 12:28:01
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` based on responding to these various 12:28:04
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` conditions. The microprocessor is determining 12:28:08
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` the instantaneous torque required to propel the 12:28:11
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` vehicle, and it's determining how to apportion 12:28:16
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` that torque, whether to provide that torque 12:28:19
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` with the engine, whether to provide that torque 12:28:21
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` with a combination. 12:28:23
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` What happens when you climb a hill, 12:28:26
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` and now your torque -- instantaneous torque 12:28:28
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` required to propel the vehicle increases, and 12:28:33
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` so then you could supplement the motor with the 12:28:34
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` torque of the engine. 12:28:40
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` In order for this system to function 12:28:42
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` like that, it's necessarily determining what 12:28:43
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` the instantaneous torque is that's required to 12:28:48
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` propel the vehicle. 12:28:52
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` MR. LIVEDALEN: Before we go any 12:28:54
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` further, let me mark US Patent 5,343,970 as 12:28:55
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` an exhibit. 12:29:01
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` (DEPOSITION EXHIBIT 2 MARKED 12:29:03
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` FOR IDENTIFICATION at 12:29 p.m.) 12:29:03
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` Q. And, Dr. Davis, can you please 12:29:24
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` identify this Exhibit 2? 12:29:26
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` A. Yes. It appears to be the '970 12:29:29
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` Severinsky patent that we've been discussing. 12:29:33
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` Q. And that was the document from which 12:29:35
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` you were just reading? 12:29:38
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` A. Yes. 12:29:38
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` Q. So in Paragraph 7, how is the 12:30:10
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` command of acceleration being used to determine 12:30:14
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` the load demand of the vehicle in Severinsky 12:30:16
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` '970? 12:30:30
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` A. I don't know -- I'm not sure I can 12:30:30
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` answer your question. 12:30:31
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` Q. Why is that? 12:30:32
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` A. I don't think you've given me enough 12:30:33
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` information. 12:30:37
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` Q. The information I just gave you is 12:30:41
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` based on your Paragraph 7. 12:30:43
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` THE WITNESS: Perhaps can you repeat 12:30:50
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` the question? 12:30:51
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` (The following portion of the record 12:31:13
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` was read by the reporter at 12:31 p.m. 12:31:13
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` "Q. So in Paragraph 7, how is the 12:30:10
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` command of acceleration being used to 12:30:14
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` determine the load demand of the vehicle in 12:30:16
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` Severinsky '970?") 12:30:24
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` A. Well, I think you can see that, for 12:31:14
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` example, if we go back to my Paragraph 5 that 12:31:16
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` precedes that in that report. 12:31:18
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` You can see that, you know: 12:31:23
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` "First, Severinsky '970 discloses 12:31:25
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` that the microprocessor continually monitors 12:31:29
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` and discloses using operator input to indicate 12:31:34
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` a change in power to be applied to the wheels. 12:31:35
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` A person having ordinary skill in the art 12:31:37
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` understands torque is related to power by speed 12:31:39
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` (i.e., power equals torque times speed). Thus, 12:31:43
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` the operator's input indicating a change in 12:31:46
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` power is related to the torque that should be 12:31:48
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` applied to the wheels." 12:31:50
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` And then I call out a specific 12:31:52
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` quotation from the '970 patent at Column 13, 12:31:54
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` Line 16 through 29, and I say -- or the patent 12:31:58
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` says: 12:32:03
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` "The operator input devices 70 may 12:32:04
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`Page 14
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` include accelerator and brake pedals, 12:32:08
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` directional control switches and the like. 12:32:11
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` Pressure on the accelerator pedal indicates to 12:32:13
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` the microprocessor that more power is required; 12:32:16
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` pressure on the brake causes the microprocessor 12:32:20
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` to initiate regenerative braking, as discussed 12:32:29
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` below." 12:32:33
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` And then dot, dot, dot: 12:32:33
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` "In general, it is an object of the 12:32:38
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` invention to provide a hybrid vehicle that is 12:32:40
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` 'user transparent'; that is, requiring no more 12:32:44
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` operator knowledge or training than does a 12:32:49
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` conventional vehicle." 12:32:51
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` And so, again, what he's looking at 12:32:54
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` is he's looking at the position of the 12:32:57
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` accelerator pedal as an indication of 12:33:01
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` increased -- as he said, more power is 12:33:05
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` required, and so it's using the accelerator 12:33:11
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` pedal to indicate the instantaneous -- at that 12:33:14
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` point at least, instantaneous power required to 12:33:19
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` propel the vehicle. 12:33:24
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` It's also further using the brake 12:33:27
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` pedal as an indication that the instantaneous 12:33:31
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` power required to the vehicle is going to be 12:33:37
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` decreased. 12:33:42
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` Q. And where does Severinsky '970 state 12:33:43
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` that the instantaneous power is going to be 12:33:46
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` converted into the instantaneous torque 12:33:54
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` required to propel the vehicle? 12:33:59
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` A. Again, if you look at the discussion 12:33:59
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` we talked about -- for example, if you look at 12:34:01
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` Column 10, Line 52 through Column 11, Line 6, 12:34:04
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` as I call out in Paragraph 8 on that reply 12:34:10
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` declaration, if you look at that, it starts 12:34:14
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` out: 12:34:19
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` "Figure 4 illustrates operation in 12:34:24
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` low speed circumstances, e.g. in city traffic 12:34:26
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` or reversing. As noted, the parallel hybrid 12:34:30
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` vehicle drive system according to the present 12:34:34
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` invention includes an electric motor 20 powered 12:34:37
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` by energy stored in a relatively large, 12:34:41
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` high-voltage battery pack 22. Energy flows 12:34:44
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` from battery 22 to motor 20 as indicated by a 12:34:47
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` dot-dash line shown at 24. The electric motor 12:34:51
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` 20 provides torque, shown as a dashed line 25, 12:34:56
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` transmitted from the motor output shaft 26 12:35:01
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` through a torque transfer unit 28 and a drive 12:35:04
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` shaft 30 to a conventional differential 32 and 12:35:08
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` then to wheels 34 of the vehicle. Thus 12:35:13
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` Figure 4 indicates that the flow of energy in 12:35:15
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` heavy traffic or for reversing is simply from 12:35:18
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` battery 22 to electric motor 20; torque flows 12:35:21
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` from the motor 20 to the wheels 34. Under 12:35:25
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` these circumstances, electric motor 20 provides 12:35:30
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` all of the torque needed to move the vehicle. 12:35:32
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` Other combinations of torque and energy flow 12:35:35
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` required under other circumstances are detailed 12:35:38
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` below in connection with Figures 5 through 9. 12:35:41
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` For example, if the operator continues to 12:35:45
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` command acceleration, an acceleration/hill 12:35:48
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` climbing mode illustrated in Figure 6 may be 12:35:52
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` entered, followed by a highway cruising mode 12:35:55
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` illustrated in Figure 5." 12:35:58
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` So the microprocessor is clearly 12:36:00
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` determining the torque required to propel the 12:36:04
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` vehicle in order to control the -- for example, 12:36:07
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` in electric mode, the electric motor to provide 12:36:12
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` all of the torque needed to move the vehicle. 12:36:16
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` It couldn't control that electric 12:36:16
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` motor if it wasn't first determining what the 12:36:19
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` torque was required to propel the vehicle or 12:36:21
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` move the vehicle. 12:36:24
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` Q. How about for an engine? Is it 12:36:34
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` possible for a vehicle to operate an engine 12:36:36
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` without knowing the instantaneous torque 12:36:42
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` required to propel the vehicle? 12:36:47
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` MR. RONDINI: Objection, vague. 12:36:47
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` A. I'm not sure I understand your 12:36:55
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` question. 12:36:56
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` Q. All right. Take a conventional 12:36:59
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` vehicle. You understand what that is? 12:37:01
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` A. So by conventional you mean not a 12:37:02
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` hybrid. 12:37:05
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` Q. Yeah. 12:37:07
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` A. Okay. 12:37:08
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` Q. A conventional vehicle has an 12:37:09
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` engine, correct? 12:37:11
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` A. Correct. 12:37:12
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` Q. My question is, can that 12:37:12
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` conventional vehicle operate the engine without 12:37:15
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` knowing the instantaneous torque required to 12:37:18
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` propel the vehicle? 12:37:22
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` MR. RONDINI: Objection, vague. 12:37:22
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` A. It depends. 12:37:25
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` Q. On what? 12:37:27
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` A. It depends on how simple the control 12:37:27
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` system is of the vehicle. It depends on, you 12:37:30
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` know, whether it's an older vehicle or a newer 12:37:37
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` vehicle. 12:37:39
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` The driver controls through the 12:37:40
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` accelerator pedal and the brake. It gives the 12:37:47
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` vehicle the indication of the torque required 12:37:49
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` for propulsion. 12:37:53
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` Now, it may be a rough estimate in 12:37:56
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` the case of let's say a carbureted engine, a 12:37:59
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` much older vehicle, but the driver, by 12:38:02
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` commanding changes in the pedal, is providing 12:38:05
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` the feedback to the torque required to propel 12:38:08
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` the system. So using the driver -- and that's 12:38:11
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` why, as Severinsky in the '970 understood, the 12:38:15
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` driver's an integral element in this whole 12:38:19
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` system because the driver is providing that 12:38:21
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` feedback. 12:38:23
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` Q. So just to be clear, so you were 12:38:50
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` discussing or you mentioned older vehicles. Is 12:38:56
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` it your opinion that older vehicles do or do 12:39:00
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` not determine instantaneous torque required to 12:39:03
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` propel the vehicle? 12:39:06
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` MR. RONDINI: Objection, vague, 12:39:06
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` incomplete hypothetical. 12:39:09
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` A. I'm not sure I understand what you 12:39:10
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` mean by that. 12:39:12
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` Q. Let me reask my own question. 12:39:14
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` Is it necessary to control an 12:39:17
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` engine -- in conventional vehicles, is it 12:39:19
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` necessary to know the instantaneous torque 12:39:25
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` required to propel the vehicle? 12:39:28
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` MR. RONDINI: Objection, vague. 12:39:28
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` A. Yeah, I -- I'm not sure I can really 12:39:36
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` understand what you're asking me there, I 12:39:43
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` guess. Maybe I'm just missing the point. 12:39:47
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` Q. For a conventional vehicle, if that 12:39:53
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` conventional vehicle wanted to operate the 12:39:57
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` engine, is it required that it determine the 12:40:00
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` instantaneous torque required to propel the 12:40:04
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` vehicle? 12:40:11
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` A. Again, it depends a lot on the 12:40:11
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` circumstances and design of the system. 12:40:13
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` I just gave you an example of an 12:40:14
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` older vehicle, in which case the instantaneous 12:40:16
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` torque required to propel the vehicle, at least 12:40:23
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` when let's say climbing a hill or accelerating 12:40:23
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` or driving down the road, is provided by the 12:40:26
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` driver's commanded accelerator pedal position 12:40:30
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` and then communicated directly to the engine to 12:40:35
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` meet that request. 12:40:38
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` And the driver of course provides 12:40:40
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` the feedback to that system, because if the 12:40:42
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` engine isn't providing enough torque which is 12:40:45
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` required to propel the vehicle, then the driver 12:40:49
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` would simply press down further on the 12:40:52
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` accelerator pedal, indicating a desire for more 12:40:55
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` torque output from the engine to meet the 12:40:59
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` instantaneous torque requirement of the 12:41:02
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` vehicle. 12:41:04
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` That's a simple bold system. In 12:41:05
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` modern systems, we're using drive-by-wire 12:41:11
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` technology, in which case there is no physical 12:41:14
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` connection between the accelerator pedal 12:41:17
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` directly to the engine. 12:41:19
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` An accelerator pedal simply provides 12:41:20
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` an input to the controller for the vehicle, and 12:41:22
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` it -- the controller then makes the 12:41:26
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` determination of how to operate the vehicle in 12:41:29
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` order to provide the instantaneous torque 12:41:33
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` required to propel the vehicle. 12:41:37
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` So there again the driver is 12:41:38
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` providing the signal by way of the accelerator 12:41:40
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` pedal or the brake pedal. The microprocessor 12:41:44
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` in that conventional vehicle is then making 12:41:47
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` calculations based upon those signals in order 12:41:50
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` to control the engine to properly meet the 12:41:53
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` demanded instantaneous torque required to 12:41:58
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` propel the vehicle. 12:42:03
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` Q. Thank you. What type of 12:42:03
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` calculations were you just referring to? 12:42:06
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` A. The -- it's trying to determine what 12:42:09
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` the instantaneous load or torque requirements 12:42:13
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` are to propel that vehicle based on those 12:42:17
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` signals, and then it controls the engine in 12:42:20
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` order to try and achieve that output. 12:42:22
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` Q. And those signals you're referring 12:42:25
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` to, that's just the accelerator pedal position? 12:42:26
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` A. No. You're looking at accelerator 12:42:28
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` pedal position; you're looking at brake pedal; 12:42:32
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` looking at, you know, a -- you know, lots of 12:42:37
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` additional factors to provide more refined 12:42:40
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` control. But you're certainly looking at these 12:42:46
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` pedal positions as a base indicator of the 12:42:49
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` desired instantaneo