`Patent 7,626,349
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`Zhongshan Broad Ocean Motor Co.,
`Ltd.; Broad Ocean Motor LLC; and
`Broad Ocean Technologies, LLC
` Petitioners
` v.
`Nidec Motor Corporation
` Patent Owner
`
`Case IPR2014-01121
`Patent 7,626,349
`
`
`
`DECLARATION BY MARK E. CARRIER
`
`I, Mark E. Carrier, am one of the joint inventors named in U.S. Patent
`
`1.
`
`No. 7,626,349 (the “’349 patent”), which is the subject of the above-referenced
`
`inter partes review proceeding. I am presently the Vice President of New Product
`
`Development at Nidec Motor Corporation.
`
`Work Experience
`
`2.
`
`I have been working as an engineer and researching and developing
`
`new products concerning electric motors and controls for almost 35 years. I have a
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`B.S. in Electrical Engineering and a Masters degree in Engineering Management.
`
`3.
`
`From 1983 until 1997 I worked at Philips Technologies or its
`
`affiliated entities
`
`in Cheshire, Connecticut and The Netherlands. My
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`- 1 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 1
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`Case IPR2014-01121
`Patent 7,626,349
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`responsibilities included testing stepping motor products, testing on brushless
`
`permanent magnet motors, and design and implementation of controllers for BPM
`
`motors.
`
`4.
`
`From 1997 until 2001 I worked at Nidec America Corporation as a
`
`Senior Development Engineer. While at Nidec America I developed motors for
`
`disk drives and analyzed a magnetic design for BPM motors for the industrial
`
`control industry.
`
`5.
`
`From July 2001 until October 2010 I worked at Emerson Electric Co.
`
`(“Emerson”) in St. Louis, Missouri in Emerson’s motors and controls division.
`
`Nidec Corporation acquired Emerson’s motors and controls division in the fall of
`
`2010, which later became Nidec Motor Corporation. While at Emerson and then at
`
`Nidec Motor Corporation, I have worked in St. Louis, Missouri and had various
`
`job titles and had numerous job responsibilities. For instance, at Nidec Motor
`
`Corporation, from October 2010 until the present, I was first a Director of New
`
`Product Development and now am Vice President of New Product Development.
`
`While at Nidec Motor Corporation, I have managed many engineers and have had
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`substantial involvement in the research, development, and implementation of
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`electric motors and controls intended for use in the HVAC market. I will refer to
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`- 2 -
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`Nidec Motor Corporation
`IPR2014-01121
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`Exhibit 2003 - 2
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`Case IPR2014-01121
`Patent 7,626,349
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`Emerson and Nidec Motor Corporation collectively as “Nidec” in this declaration.
`
`6.
`
`During my time at Nidec, I have gained extensive experience
`
`designing and developing various electric motors and controls for electric motors,
`
`including motor controls like those described and claimed in the ’349 patent. As a
`
`co-inventor of the ’349 patent, I know about HVAC system design and constituent
`
`components that are described and claimed in the ’349 patent. I am also
`
`knowledgeable about commercial embodiments of the subject matter described and
`
`claimed in the ’349 patent by Nidec.
`
`7.
`
`Beginning in 2003 I became a program manager at Nidec and
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`participated in meetings with all tier 1 and tier 2 HVAC customers. Tier 1
`
`customers are those who have the highest volume, and tier 2 have lower volume
`
`purchases. I have consistently participated since 2003 in meetings to sell our ECM
`
`products to all potential major customers.
`
`8.
`
`I am making this declaration to describe the development of the
`
`subject matter described and claimed in the ’349 patent, the commercial benefits
`
`attributable to the subject matter claimed in the ’349 patent, and the associated
`
`commercial success Nidec realized as a result of the invention claimed in the ’349
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`patent.
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`- 3 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 3
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`Case IPR2014-01121
`Patent 7,626,349
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`
`The Market for Electric Motors And Features Desired by Customers
`
`9.
`
`Through my work experience described above, I have gained
`
`significant experience researching, designing, and marketing electric motors and
`
`motor controls. Nidec markets and sells its variable speed electric motors and
`
`controls to the original equipment manufacturer (“OEM”) HVAC market and
`
`through several large distributors who sell into the aftermarket. The OEM HVAC
`
`market includes well-known companies like Trane, Goodman, JCI, Rheem,
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`Lennox, Carrier and others. These OEM customers install and service full HVAC
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`systems to businesses and homeowners across the globe.
`
`10. The OEM HVAC market for variable speed electric motors and
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`controls is highly price sensitive and feature driven. The market is highly price
`
`sensitive because OEMs require substantial volumes of electric motors and
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`controls, so costs can quickly accumulate with volume purchases that are necessary
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`for OEMs to service their respective markets. Moreover, end-consumers—the
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`businesses and homeowners—that purchase and require service of their HVAC
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`systems are incredibly price sensitive and want inexpensive units that will
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`effectively and efficiently condition their work and living spaces.
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`11. Additionally, OEMs desire feature-rich motors and controllers that
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`- 4 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 4
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`Case IPR2014-01121
`Patent 7,626,349
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`can be used in many different environments and circumstances. OEMs want to
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`easily incorporate electric motors and controllers into their systems to minimize
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`any engineering or other requirements that may increase their costs to end
`
`consumers.
`
`12. The most important features of variable speed HVAC motors and
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`controls are:
`
`a.
`
`Constant Airflow Leading to Improved Comfort and Efficiency
`
`of the HVAC System: An HVAC’s job is to condition the air in a work or
`
`living space. Conditioning air requires the air to move across elements of the
`
`HVAC to remove or add heat to the air, which is then recirculated through
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`the work or living space to maintain a desired temperature and/or humidity
`
`level. The ability to accurately and efficiently control the flow of air with a
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`variable speed electric motor over the HVAC heat exchanger is of
`
`paramount importance. Accordingly accurately and easily controlling the
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`flow rate of air—measured in cubic feet per minute (“CFM”)—is vitally
`
`important for an electric motor in an HVAC system to assure consistent
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`conditioning and comfort to the consumer. Constant CFM also improves the
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`life of the heat exchanger and A-coil of the system.
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`- 5 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 5
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`b.
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`Quiet Operation: HVAC systems often operate in or near the
`
`environments they are designed to condition air. In central heating and
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`cooling systems,
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`the ductwork communicates noise and vibrations
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`throughout the system. Vibrations generated by the motor may be heard
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`directly by the consumer or be transmitted or even amplified via the
`
`ductwork to the conditioned space. Because of this, it is important that the
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`variable speed electric motors operate quietly. End-consumers do not like
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`loud or noisy HVAC systems because they are distracting and obtrusive.
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`Consequently, it is extremely important to OEMs and their customers alike
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`that variable speed electric motors operate as quietly as possible.
`
`c.
`
`Performance When Voltage Drops: Low-voltage situations can
`
`exist on a power grid. For instance, when a customer is located on the
`
`periphery of a service area, voltage drops can occur as power is consumed or
`
`anomalies occur across the grid. It is important to maintain motor operation
`
`when these voltage drops occur so that interruptions in HVAC systems are
`
`unnoticeable or minimized. Maintaining motor operation during low line
`
`voltage situations maintains airflow and is important because it minimizes
`
`perceived HVAC problems by end-consumers and helps with comfort in the
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`- 6 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 6
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`
`
`Case IPR2014-01121
`Patent 7,626,349
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`conditioned space.
`
`The Invention Claimed in The ’349 Patent
`
`13. The invention of the ’349 Patent is directed to a HVAC system
`
`including a system controller, a motor controller, an air-moving component, and a
`
`permanent magnet motor. Importantly, the “motor controller is configured for
`
`performing sinewave commutation, using independent values of Q and d axis
`
`currents, in response to one or more control signals received from the system
`
`controller to produce continuous phase currents in the permanent magnet motor for
`
`driving the air-moving component.” (See, e.g., Ex. 1001, claim 1).
`
`14. With brushless electric motors, there are permanent magnets on the
`
`rotor (the rotating elements of the motor) and windings on the stator (the stationary
`
`part of the motor) that are energized to create electromagnets on the stator. In a
`
`conventional brushless motor, the windings on the stator may be arranged around
`
`the periphery of the rotors. In operation, the motor controller cycles electrical
`
`current through the different windings in a specific order and manner to generate
`
`magnetic fields that in turn cooperatively pull and push the electric motor’s rotors
`
`to drive the electric motor.
`
`15. Before the invention claimed in the ’349 patent, the pulse width
`
`
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`- 7 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 7
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
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`modulated electrical signals applied to the groups of stator windings in HVAC
`
`electric motors had a square wave form. (Prior art square waveform technology is
`
`equivalent to trapezoidal waveform control–the only difference being whether
`
`voltages or currents are being described and depicted). For example, the square
`
`waveforms for a 3-phase electric motor could look like this:
`
`
`
`(Ex. 1001, Fig. 1).
`
`16. The square waves resulted in discontinuous phase currents on stator
`
`electromagnets, which resulted in high torque ripple, which in turn leads to
`
`undesirable noise and vibration in the motor and HVAC systems in which the
`
`motor is used. (Ex. 1001, Col. 1, ll. 47-67).
`
`17. With sine wave commutation, the pulse width modulated signals
`
`applied to the stator electromagnets are continuously varied to form a sinusoidal
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`- 8 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 8
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`
`
`Case IPR2014-01121
`Patent 7,626,349
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`waveform. Rather than square waveforms, the sinusoidal wave forms could
`
`resemble this:
`
`
`
`(Ex. 1001, Fig. 5). Unlike square-wave forms, a sinusoidal waveform signal
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`gradually varies the current so that current smoothly builds up and ramps down in
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`the stator. There are no discontinuous phase changes in the current waveform and
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`consequent torque ripple. Accordingly, a designer has more control over the
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`current build up and ramp down. With the increased control, the motor is more
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`efficiently used to generate accurate torque and the continuous wave currents result
`
`in operating torque that is substantially free of torque-ripple and its undesirable
`
`noise-generating effects. (Ex. 1001, Co. 4, l. 66 – Col. 5, l. 19).
`
`18. Additionally, because of our decision to use sine wave commutation,
`
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`- 9 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 9
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
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`the start-up of the motor is smoother. A smoother start means the motor is much
`
`quieter when it is first energized. So, sine wave commutation leads to quieter start-
`
`up noise and less noise throughout the operation of the motor.
`
`19. Another advance claimed in the ’349 patent is the use of independent
`
`Q and d axis currents. Even with sine wave commutation, without the use of
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`independent Q and d axis currents, achieving accurate torque in the electric motor
`
`can be challenging because of the opposing back-electromotive force (EMF). Back
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`EMF is voltage that opposes the current that causes it. In fact, back EMF arises in
`
`any electric motor when there is relative motion between the current-carrying
`
`stator and the external magnetic field. As the rotor spins (with or without power
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`applied to the windings) the mechanical rotation generates a voltage – so, in effect,
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`becomes a generator. At the time of our invention, developing Q and d axis
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`currents independently permitted us to account for the back EMF and more easily
`
`and accurately control the operating torque generated by the motor.
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`Motors and Controllers Sold By Nidec Within the Scope of the ’349 Patent
`
`20. Nidec sells motors and control for use in HVAC systems that practice
`
`the invention claimed in the ’349 patent.
`
`21.
`
`I am familiar with the document shown in Exhibit 2004. Exhibit 2004
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`- 10 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 10
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`comprises a true and accurate copy of a Nidec presentation entitled “Goodman
`
`Business Alignment & Technology Review” which, among other things, describes
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`the various features and benefits of Nidec’s electric motors and controllers offered
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`for sale by Nidec in 2012. This presentation was prepared by Nidec employees as
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`marketing material to identify and explain the various features and benefits of
`
`Nidec’s various electric motors and controllers to OEM customers, specifically
`
`Goodman. The descriptive text in Exhibit 2004 fairly and accurately describes
`
`features and benefits of Nidec’s various electric motors and controllers. The
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`presentation was kept in the course of regularly conducted business activities of
`
`Nidec and was prepared as a regular practice and custom of Nidec to identify and
`
`explain the various features and benefits of Nidec’s electric motors and controllers
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`to OEM customers like Goodman. The presentation was created by Nidec
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`employees whose job responsibilities at Nidec include creating presentations like
`
`that shown in Exhibit 2004 in collaboration with engineers such as myself. Exhibit
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`2004 was presented to Goodman personnel under a non-disclosure agreement.
`
`22.
`
` I am familiar with the document shown in Exhibit 2005. Exhibit 2005
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`comprises a true and accurate copy of a Nidec presentation entitled “Variable
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`Speed Motor Program Update” which, among other things, describes the various
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`- 11 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 11
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`features and benefits of Nidec’s electric motors and controllers before first offered
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`for sale by Nidec in 2007. This presentation was prepared by Nidec employees to
`
`identify and explain the various features and benefits of Nidec’s various electric
`
`motors and controllers to OEM customers, specifically Trane. The descriptive text
`
`in Exhibit 2005 fairly and accurately describes features and benefits of Nidec’s
`
`various electric motors and controllers. The presentation was kept in the course of
`
`regularly conducted business activities of Nidec and was prepared as a regular
`
`practice and custom of Nidec to identify and explain the various features and
`
`benefits of Nidec’s electric motors and controllers to OEM customers like Trane.
`
`The presentation was created by Nidec employees whose job responsibilities at
`
`Nidec include creating presentations like that shown in Exhibit 2005 in
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`collaboration with engineers such as myself. Exhibit 2005 was presented to Trane
`
`personnel under a non-disclosure agreement.
`
`23. The electric motors and controllers described in Exhibits 2004 and
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`2005, include Nidec electric motors and controllers sold under the names
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`PerfectSpeed, EcoTech, 16X4W, EcoApex48, Rescue Select, and SelecTech.
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`These products all practice the invention claimed in the ’349 patent and I will
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`collectively refer to them in this declaration as the “Practicing Nidec Motors.”
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`- 12 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 12
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`24.
`
`I am familiar with the Practicing Nidec Motors and they practice the
`
`invention claimed in the ’349 Patent as set forth in the exemplary claim chart
`
`below:
`
`’349 Patent Claim 1
`
`Observations
`
`A heating, ventilating
`
`and/or
`
`air
`
`The Practicing Nidec Motors are
`
`conditioning
`
`(HVAC)
`
`system
`
`designed and intended to be used with
`
`comprising
`
`HVAC systems.
`
`a system controller,
`
`A system controller communicates with
`
`the controller of a Practicing Nidec
`
`Motor.
`
`a motor controller,
`
`The Practicing Nidec Motors include a
`
`motor controller comprising a digital
`
`signal
`
`processor
`
`and
`
`associated
`
`programming.
`
`an air-moving component,
`
`The Practicing Nidec Motors are
`
`designed and intended to drive air-
`
`moving components.
`
`and a permanent magnet motor having a The Practicing Nidec Motors include a
`
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`- 13 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 13
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
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`stationary assembly,
`
`permanent magnet motor having a
`
`stationary assembly, such as a stator.
`
`a
`
`rotatable assembly
`
`in magnetic
`
`The Practicing Nidec Motors include a
`
`coupling
`
`relation
`
`to
`
`the stationary
`
`rotatable assembly in magnetic coupling
`
`assembly,
`
`relation to the stationary assembly, such
`
`as a rotor.
`
`and a shaft coupled to the air-moving
`
`The Practicing Nidec Motors include a
`
`component,
`
`shaft.
`
`wherein
`
`the motor
`
`controller
`
`is
`
`The Practicing Nidec Motors include
`
`configured for performing sinewave
`
`motor controllers comprising a digital
`
`commutation, using independent values
`
`signal processor that performs sinewave
`
`of Q and d axis currents, in response to
`
`commutation using independent Q and d
`
`one or more control signals received
`
`axis currents. The motor controllers
`
`from the system controller to produce
`
`receive command signals from
`
`the
`
`continuous phase currents
`
`in
`
`the
`
`system controller and using sinewave
`
`permanent magnet motor for driving the
`
`commutation and independent Q and d
`
`air-moving component.
`
`axis currents produce continuous phase
`
`currents in the permanent magnet motor
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`- 14 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 14
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`for driving the air-moving component.
`
`The Invention of the ’349 Patent Achieves Features Important to Customers
`
`25. The claimed invention, most notably sine wave commutation and
`
`independent Q and d axis current control, helped Nidec achieve incredibly
`
`important functionality in Nidec’s variable speed electric motors.
`
`26. Constant Airflow Leading to Improved Comfort and Efficiency of
`
`the HVAC System: Sine wave commutation allows much better control flexibility
`
`of the motor. For instance, assuming everything else is equal, sine wave control of
`
`a motor achieves better efficiency over square wave control. (Ex. 1001, Col. 2, ll.
`
`1-3; See also Col. 4., l. 66 – Col. 5, l. 2). Likewise, utilizing independent Q and d
`
`axis currents facilitates easier and more accurate motor torque control. Enhanced
`
`torque control of the motor enables constant flow rate control (“Constant CFM”).
`
`Maintaining Constant CFM is important in HVAC applications to ensure that the
`
`proper amount of air is moving across the heat exchanger or A-coil to obtain
`
`efficient conditioning of the air. If the flow rates are inconsistent, inconsistent air
`
`conditioning occurs, which yields inefficient and potentially uncomfortable living
`
`and work spaces.
`
`27. Nidec conducted tests of its variable speed electric motors having sine
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`- 15 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 15
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`wave and independent Q and d axis current control against a variable speed electric
`
`motor offered by Regal Beloit using square wave control. The results, shown in the
`
`chart below, demonstrate Nidec’s technology achieves excellent Constant CFM:
`
`
`
`(Ex. 2004, at 101; Ex. 2005, at 20).
`
`28.
`
`In the figure above the black lines on the chart correspond to CFM of
`
`Nidec’s technology embodied in its Practicing Nidec Motors. The red lines
`
`correspond to the CFM of Regal Beloit’s square wave technology. Constant CFM
`
`is exhibited if the lines are near vertical. A comparison of the black lines (Nidec)
`
`with the red lines (Regal Beloit) demonstrates the technology claimed in the ’349
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`- 16 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 16
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`patent achieves better constant CFM characteristics as compared to prior
`
`technology, particularly at higher flow rates.
`
`29. Quiet Operation: Unlike with square wave control, which exhibits
`
`motor torque ripple as a result of discontinuities in phase currents, sine wave
`
`control effectively nullifies torque ripple in the motor. (See Ex. 1001, Col. 4., l. 66
`
`– Col. 5, l. 6). For instance, torque output from a variable speed electric motor
`
`using square wave control may look like this:
`
`
`
`(Ex. 2004, at 102; Ex. 2005, at 9). The variation in the torque output graph
`
`represents torque ripple that results from the current phase discontinuities present
`
`with square wave control. Torque ripple produces undesirable vibrations and, thus,
`
`noise within the variable speed electric motor. The noise generated from torque
`
`ripple propagates throughout an HVAC system through its ducting and can lead to
`
`undesirable loud, obtrusive noises. While square wave controls like those of the
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`- 17 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 17
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`Regal Beloit motor may use damping material on the motor shaft to try and reduce
`
`the vibration and noise, those dampers increase cost and can fail over time. (See
`
`Ex. 1001, Col. 1, ll. 57 – 67).
`
`30.
`
`In contrast, sine wave control claimed in the ‘349 patent and
`
`implemented in the Practicing Nidec Motors have torque output that is
`
`approximated by the following graph:
`
`
`
`(Ex. 2004, at 102; Ex. 2005, at 9). The sine wave control results in no phase
`
`current discontinuities, which eliminates torque ripple and enables constant torque
`
`output from the variable speed electric motor. Consequently, no noise is generated
`
`in the Practicing Nidec sine wave motor that can be propagated through the HVAC
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`system. Thus, no mechanical dampers are necessary.
`
`
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`31. Nidec has tested the noise characteristics of its Practicing Nidec
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`- 18 -
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`Nidec Motor Corporation
`IPR2014-01121
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`Exhibit 2003 - 18
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`Motors in comparison with competitive Regal Beloit offerings using square wave
`
`control. We have observed that Practicing Nidec Motors are typically 2 decibels
`
`quieter than the competition that uses square wave control. (Ex. 2004, at 103). Of
`
`course, since sound is measured in decibels on a logarithmic scale, a decrease in 3
`
`decibels equates to about half the noise energy of the closest competition using
`
`square wave control:
`
`(Ex. 2004, at 103).
`
`32.
`
`In addition, as described above, feeding in sine wave commutated
`
`currents during start-up as compared to the competitors starting routine leads to
`
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`- 19 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 19
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`
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`Case IPR2014-01121
`Patent 7,626,349
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`lower noise at start-up. In one test in which a Practicing Nidec Motor was
`
`compared against a Regal Beloit motor, Nidec was found to be quieter on startup:
`
`NIDEC Startup Noise Profile
`
`Regal Beloit Startup Noise Profile
`
`
`
`
`
`
`(Id., at 104).
`
`33. Performance When Voltage Drops: HVAC systems can also
`
`encounter adverse operating conditions, such as low voltage, when a system is
`
`installed on the edge of a power grid or when voltage drops occur on a power grid.
`
`When these events occur, variable speed electric motors designed for normal line
`
`voltage may not function properly. In low voltage situations, back-emf effects on
`
`the motor are more prominent, not properly adjusting for those effects could cause
`
`variable speed electric motors to stop working altogether or work inefficiently.
`
`However, with independent Q and d axis current control Practicing Nidec Motors
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`- 20 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 20
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`were designed to inject “d axis current” independent of torque demand or Q axis
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`current that allows Practicing Nidec Motors to continue operating while torque
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`demand is calculated independently of d axis current to maintain constant CFM.
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`Additionally, if abnormal transient conditions occur, injection of independent d
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`axis currents maintains motor operation. In essence, Nidec’s design of independent
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`Q and d axis current control permits defluxing of the motor to counteract the
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`voltage drop and maintain proper motor operation. Consequently, when line
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`voltage drops occur, other motors may fail or stop working efficiently whereas
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`Practicing Nidec Motors can continue operating closer to peak efficiency as
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`compared to other variable speed electric motors. Nidec touted this feature when
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`discussing the benefits of Practicing Nidec Motors with customers. (Ex. 2005, at
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`19).
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`34. Nidec touted each of the aforementioned features to its OEM
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`customers when comparing NIDEC’s technological advantages to the competition.
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`Nidec Acted Contrary to the Wisdom of the Time and Released Practicing
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`Nidec Motors That Use Sine Wave Commutation and the Include the Benefits
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`That Flow from Independent Q and d Axis Current Control and Realized
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`Significant Commercial Success
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`
`
`- 21 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 21
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`
`35. Before the introduction of products incorporating features claimed in
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`the ’349 patent, Nidec experienced substantial hurdles in the variable speed electric
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`motor market.
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`36. At the turn of the century, Regal Beloit was the dominant
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`manufacturer of variable speed electric motors and controls to the OEM HVAC
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`market. Nidec market research indicated that Regal Beloit effectively controlled
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`the OEM HVAC market for variable speed electric motors.
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`37. At the same time Nidec barely had a foothold in the market when it
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`was selling a product called “Magellan,” which was a variable speed electric motor
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`and control. The Magellan used square wave control and functioned similarly to
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`Regal Beloit’s line of variable speed electric motors and controls.
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`38. To make substantial inroads into Regal Beloit’s market share, Nidec
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`had to invest in research and development of technology that would provide a
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`substantial competitive advantage over Regal Beloit’s offerings. In essence, a “me
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`too” product that functioned similarly to Regal Beloit’s electric motors was unable
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`to succeed and increase Nidec’s position in the market because converting OEM
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`customers from Regal Beloit’s offerings required a substantial investment from the
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`OEMs to test and ensure a new product met the OEM’s functionality and quality
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`
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`- 22 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 22
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`standards. Simply put, even with substantial price concessions, a “me too” product
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`would not enhance Nidec’s position appreciably.
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`39. Accordingly, Nidec knew it needed technology surpassing that of
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`Regal Beloit and others to make true inroads into the market for variable speed
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`electric motors and controls.
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`40. Also at that time, the prices for various electrical components required
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`to build variable speed electric motor controls with enhanced technological
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`capabilities were relatively expensive. Generally speaking, processors
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`to
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`implement square wave control of variable speed electric motors like that of the
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`Magellan cost approximately $1.00. Digital Signal Processors (“DSPs”) capable of
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`more computationally intensive tasks cost approximately $4.00 to $4.25. This
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`represented a significant increase in the cost structure of the products.
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`41. Because of the price sensitivity in the market for variable speed
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`electric motors and controls in the mid-2000’s, technologists at the time
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`universally chose the cheaper solution.
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`42. But Nidec’s development of the technology claimed in the ’349 patent
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`could not operate on the cheaper chipsets. Notably, computing sine waves for
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`applying continuously varied currents to the stators of an electromagnet is more
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`
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`- 23 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 23
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`computationally demanding than the more simple square waveforms, particularly
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`when combined with independent Q and d axis current control capabilities.
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`43. Despite contrary wisdom at the time, Nidec adopted the contrarian
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`approach and selected a motor control method that required a DSP that was
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`approximately four times the cost of standard square-wave-capable processors so
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`that Nidec could release its Practicing Nidec Motors and controls to achieve the
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`benefits discussed above.
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`44. Nidec’s development of the technology claimed in the ’349 Patent and
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`adoption of that technology in its Practicing Nidec Motors and controls provided
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`all the benefits discussed above—Constant Airflow Leading to Improved Comfort
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`and Efficiency of the HVAC System; Quiet Operation; and Performance When
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`Voltage Drops—and lead to substantial market success.
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`45. Sales of Practicing Nidec Motors and controls began in 2007,
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`increased significantly in 2008, and continued to grow year after year. As of 2013,
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`Nidec believes it has gained significant market share for variable speed electric
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`motors and controls. Nidec achieved this intense growth because it proceeded
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`against conventional wisdom at the time and adopted its sine wave commutation
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`and independent Q and d axis current control technology to provide a flexible
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`
`
`- 24 -
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`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 24
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`motor and control topology for Nidec’s OEM customers. Nidec provided
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`substantial technological features and their associated benefits (as described above)
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`to the OEM market while maintaining a competitive price with Nidec’s
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`competition. While Exhibits 2004 and 2005 identify other features of the
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`Practicing Nidec Motors, from making sales in the market I believe the quiet
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`operation, constant airflow leading to improved comfort and efficiency of the
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`HVAC System, and ability to operate in low line voltage features provided by the
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`’349 patent technology predominantly contributed to the sales success of the
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`Practicing Nidec Motors.
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`46. Nidec touted the quiet operation, constant airflow leading to improved
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`comfort and efficiency of the HVAC System, and ability to operate in low line
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`voltage features of the Practicing Nidec Motors when making sales calls on
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`customers. As described above, the technology claimed in the ’349 patent enabled
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`Nidec to achieve these features.
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`47. The quiet operation, constant airflow leading to improved comfort and
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`efficiency of the HVAC System, and ability to operate in low line voltage features
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`of the Practicing Nidec Motors were made possible by the ’349 patented
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`technology and were key features leading to sales and gained market share for
`
`
`
`- 25 -
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2003 - 25
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`Nidec.
`
`48. One anecdote immediately comes to mind. A team from Nidec,
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`including me, met with the Goodman executive team to discuss how the transition
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`from Regal Beloit to Nidec was progressing. At that time the Vice President of
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`Sales of Goodman, Mr. Gary Clark, was pleased with the reduced noise of one of
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`the Practicing Nidec Motors. Indeed, Mr. Clark had a Goodman technician replace
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`the Regal Beloit motor in his system with a Practicing Nidec Motor because the
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`Regal Beloit motor was too loud. Consistent with our noise data discussed above,
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`the Practicing Nidec Motor was quieter than the Regal Beloit, and Mr. Clark’s
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`personal motor switch helped convince Goodman that Nidec’s variable speed
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`electric motors were technologically superior to the competition.
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`49. When Nidec introduced its Practicing Nidec Motors it did not change
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`the level or extent of its marketing efforts. I was directly involved in marketing and
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`sales efforts for the