IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Applicant:
`
`Dresti et al.
`
`Universal Remote Control, Inc.
`
`Case No.:
`
`IPR2014-01109
`
`v.
`
`Filing Date: November 6, 2002
`
`Universal Electronics, Inc.
`
`Patent No.:
`
`7,831,930
`
`Trial Paralegal: Cathy Underwood
`
`Attorney Doc.: 059489.143600
`
`Title:
`
`SYSTEM AND
`METHOD FOR
`DISPLAYING A USER
`INTERFACE FOR A
`REMOTE CONTROL
`APPLICATION
`
`
`DECLARATION OF RAMZI S. AMMARI
`
`
`I, Ramzi S. Ammari, hereby declare as follows:
`
`I.
`
`Background And Qualifications
`
`1.
`
`I am employed by Patent Owner Universal Electronics, Inc. (“UEI”).
`
`My current position is Senior Vice President, Corporate Planning and Strategy.
`
`2.
`
`I have personal knowledge of the facts discussed herein and/or have
`
`recently gained such knowledge from information transmitted by a person(s) with
`
`knowledge and/or my review of the records maintained by UEI in the course of
`
`regularly conducted business activity, and, if called to testify, I would and could
`
`competently testify to those facts on behalf of UEI.
`
`Universal Electronics Exhibit 2044, Page 1
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`Applicant:
`
`Dresti et al.
`
`Universal Remote Control, Inc.
`
`Case No.:
`
`IPR2014-01109
`
`v.
`
`Filing Date: November 6, 2002
`
`Universal Electronics, Inc.
`
`Patent No.:
`
`7,831,930
`
`Trial Paralegal: Cathy Underwood
`
`Attorney Doc.: 059489.143600
`
`Title:
`
`SYSTEM AND
`METHOD FOR
`DISPLAYING A USER
`INTERFACE FOR A
`REMOTE CONTROL
`APPLICATION
`
`
`DECLARATION OF RAMZI S. AMMARI
`
`
`I, Ramzi S. Ammari, hereby declare as follows:
`
`I.
`
`Background And Qualifications
`
`1.
`
`I am employed by Patent Owner Universal Electronics, Inc. (“UEI”).
`
`My current position is Senior Vice President, Corporate Planning and Strategy.
`
`2.
`
`I have personal knowledge of the facts discussed herein and/or have
`
`recently gained such knowledge from information transmitted by a person(s) with
`
`knowledge and/or my review of the records maintained by UEI in the course of
`
`regularly conducted business activity, and, if called to testify, I would and could
`
`competently testify to those facts on behalf of UEI.
`
`Universal Electronics Exhibit 2044, Page 1
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`3.
`
`I earned a Bachelor of Science degree in Engineering from the
`
`University of California, Irvine in 1989 and a Master of Business Administration
`
`(MBA) also from the University of California, Irvine in 1993.
`
`4.
`
`I joined UEI in July 1997. Prior to being employed by UEI, I served
`
`as Business Planning Manager at Mitsubishi Consumer Electronics of America. I
`
`am currently responsible for all aspects of product development at UEI’s corporate
`
`headquarters located in Santa Ana, California.
`
`5.
`
`I have been asked in this matter by UEI to provide background
`
`information and analysis of U.S. Patent No. 7,831,930 (the “‘930 patent”) pursuant
`
`to the Board’s decision instituting an inter partes review of Claim 1 of the ‘930
`
`patent, and to specifically address evidence of commercial success of the ‘930
`
`Patent. The ‘930 patent was filed on November 6, 2002, claims priority to an
`
`application filed on November 20, 2001, and issued on November 9, 2010.
`
`6.
`
`It is my understanding that UEI owns the ‘930 patent.
`
`II. Claim 1 Of The ‘930 Patent
`
`7.
`
`Claim 1 of the ‘930 patent reads as follows:
`
`An electronically readable media having embedded instructions executable
`by a processing device of a hand held device for displaying information to a
`user of the hand held device, the instructions performing steps comprising:
`
`allowing a plurality of lists of favorite channels to be defined for display in a
`display of the hand held device; and
`
`2
`
`Universal Electronics Exhibit 2044, Page 2
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`
`
`accepting input into the hand held device that specifies to the hand held
`device that the hand held device is to placed into a mode to control at least
`one of a plurality of home appliances and, in response, using the input to
`select at least one of the plurality of lists of favorite channels whereby the
`user may interact with the at least one of the plurality of lists when displayed
`in the display of the hand held device to cause the hand held device to
`transmit one or more command codes to the at least one of the plurality of
`home appliances associated with the specified mode for the purpose of
`tuning the at least one of the plurality of home appliances to a channel
`represented on the at least one of the plurality of lists of favorite channels.
`III. Logitech’s Licensed Sales Of Products Embodying Claim 1 Of The ‘930
`Patent
`8.
`
`I have personal knowledge of Logitech’s Harmony line of remotes,
`
`and I have used, examined, and configured many of them over the last decade.
`
`9.
`
`UEI has licensed Logitech and its Harmony line of remote controls
`
`since at least 2004. (See June 28, 2004 Settlement and License Agreement,
`
`Exhibit 2031.)
`
`10.
`
`In July, 2011, UEI filed suit for patent infringement against Logitech,
`
`asserting the ‘930 patent, among other patents. A claim chart that was created
`
`during that litigation and prepared by UEI’s counsel describes how Logitech’s
`
`Harmony H300, H650, H700, H900, One, and H1100 remotes (collectively,
`
`“Logitech Harmony Remotes”) practice Claim 1 of the ‘930 patent and is attached
`
`as Exhibit 2032.
`
`11.
`
`I have reviewed the claim chart attached as Exhibit 2032. The claim
`
`chart accurately reflects how the Logitech Harmony Remotes operate. I can
`
`3
`
`Universal Electronics Exhibit 2044, Page 3
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`
`
`confirm that the excerpts found in the chart appear to be accurate and consistent
`
`with my experience with the Logitech Harmony Remotes.
`
`12. The 2011 litigation with Logitech resulted in a
`
` confidential
`
`
`
`Settlement
`
`, dated July 1, 2012. (See Exhibit 2033.)
`
`
`
`IV. Logitech’s Harmony Remotes Embody Claim 1 Of The ‘930 Patent And
`Enjoyed Commercial Success
`
`
`
`13. To further confirm my recollection of how the Logitech Harmony
`
`Remotes operate, I also reviewed copies of some of the manuals for Logitech’s
`
`Harmony 650 remote control (Exhibit 2034), Harmony 700 remote control
`
`(Exhibit 2035), Harmony 900 remote control (Exhibit 2036), Harmony One
`
`remote control (Exhibit 2037), and Harmony 1100 remote control (Exhibit 2038).
`
`These manuals were obtained from the Logitech website in March, 2015, and bear
`
`copyright dates of 2010, 2010, 2006, 2007, and 2008, respectively.
`
`14. As shown in Exhibits 2034 through 2038, all of these Logitech
`
`Harmony Remotes have display screens.
`
`15. When setting up a Logitech Harmony Remote, a user uses Logitech’s
`
`desktop software or online service to configure the “activities.” An “activity”
`
`includes things like “Watch TV,” “Listen to Radio,” or “Play Xbox.”
`
`4
`
`Universal Electronics Exhibit 2044, Page 4
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`16. The desktop software or online service allows users to configure their
`
`remotes for multiple “activities.” (Ex. 2034, at 5.) One activity could be “Family
`
`Room TV.” A second activity could be “Living Room TV.” (Ex. 2034, at 18.)
`
`17. Logitech’s Harmony Remotes also permit users to assign a set of
`
`favorite channels for each activity. When a user selects an activity (e.g., “Family
`
`Room TV”), a “favorites” tab appears on the screen. (Ex. 2034, at 2033; Ex. 2035,
`
`at 3; Ex. 2036, at 28; Ex. 2037, at 11; Ex. 2038, at 22.) The user can either press
`
`the screen (in touch-screen models) or a button next to the screen to select one the
`
`favorite channels displayed. (See “Adding Favorite Channels and Favorite
`
`Channel icons,” available at www.support.myharmony.com/en/adding-favorite-
`
`channels-and-favorite-channel-icons, Exhibit 2039.)
`
`18. Logitech has touted the ability to create favorite channel lists as “one
`
`of the coolest features on Logitech Harmony remote controls.” (“Harmony Tips
`
`and Tricks: Adding Favorite Channels
`
`- Logitech Blog,” available at
`
`http://blog.logitech.com/2011/04/05/harmony-tips-and-tricks-adding-favorite-
`
`channels/, Exhibit 2040.)
`
`19. Over the years, Logitech’s Harmony Remotes have typically sold for
`
`around $60 to around $400 per unit.
`
`20.
`
`It generally accepted, within our industry, that Logitech has been the
`
`market leader in consumer aftermarket remote controls since approximately 2007.
`
`5
`
`Universal Electronics Exhibit 2044, Page 5
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`Logitech Harmony Remotes that incorporate the technology of Claim 1 of the ‘930
`
`patent have been very successful since they were originally introduced. For
`
`example, from 2007 through the 2014, sales of Logitech remotes accounted for
`
`approximately $100 million in worldwide, annual net sales. (See, e.g., Excerpts of
`
`Logitech Annual Reports 2007 through 2014, at Net Sales by product family:
`
`Remote Controls/Remotes/Digital Home, Exhibit 2041.) During that period, a
`
`considerable portion of Logitech’s remote control sales came from the same
`
`“Harmony” line
`
`Exs. 2031 and 2033.)
`
`. (See
`
`21. From 2004 to the present, any of Logitech’s sales of Logitech
`
`Harmony Remotes took place under a license from UEI. (See Exs. 2031 and
`
`2033.)
`
`V. UEI’s Sales Of Products Embodying Claim 1 Of The ‘930 Patent
`
`22. UEI also manufactured a number of commercial products that
`
`incorporated the invention of at least Claim 1 of the ‘930 patent. To the extent
`
`they are screen-based remote controls, UEI’s commercial embodiments of Claim 1
`
`of the ‘930 patent include the following:
`
`a. NevoSL, sold from February 2005 through November 2007;
`
`b. NevoS70, sold from January 2007 through October 2010;
`
`c. NevoQ50, sold from November 2007 through October 2010;
`
`6
`
`Universal Electronics Exhibit 2044, Page 6
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`d. Nevo / XSight C2, sold from October 2009 through October, 2010;
`
`e. Nevo / XSight C3, sold from October 2009 through October, 2010;
`
`and
`
`f. OFA XSight series, sold from October 2009 through October 2011.
`
`All of these products, except for the OFA XSight, were sold in the United States.
`
`These were high-end remote controls that typically retailed between $100 and
`
`$1,500.
`
`23. UEI’s Nevo-branded aftermarket consumer remote controls were sold
`
`primarily to custom installers. Their user interfaces could be programmed by the
`
`custom installers in many different ways, using a software suite provided by UEI.
`
`24. One of the primary customization features of the Nevo / Xsight
`
`controllers was to include a user-defined custom “favorites” list based upon the
`
`user’s current activity or mode. This was a commonly-requested custom
`
`programming feature, and as a result, UEI trained its installers and dealers on how
`
`to program these activity and mode-specific favorites lists using UEI’s Nevo
`
`Studio software. (See, e.g., NevoQ50 Controller Personalization Guide, Exhibit
`
`2042, at Step 4: Favorites.)
`
`25. UEI ultimately stopped selling its Nevo / Xsight products in 2010, but
`
`this was largely due to competition from other, lower-priced products, including
`
`Logitech’s Harmony Remotes, as well as emerging competition from the
`
`7
`
`Universal Electronics Exhibit 2044, Page 7
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
`
`
`
`Universal Electronics Exhibit 2044, Page 8
`Universal Remote Control v. Universal Electronics, Trial No. IPR2014-01109
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