Case IPR2014-01121
`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.
`
`Case IPR2014-01121
`
`Patent 7,626,349
`
`Nidec Motor Corporation
`
`Patent Owner
`
`DECLARATION BY JOHN FILLA
`
`1.
`
`I, John Filla, am Director of Product Management for Commercial
`
`and Residential Motors for Nidec Motor Corporation ("Nidec"). I am familiar with
`
`the recordkeeping practices of Nidec, the process of inputting data into Nidec' s
`
`electronic financial database, and the process of querying Nidec' s electronic
`
`financial database to generate reports.
`
`2.
`
`Nidec maintains a financial database on an Oracle platform. Among
`
`other things, Nidec' s electronic financial database stores sales data, like pricing
`
`and volume information relating to customer orders, that Nidec employees like
`
`myself can later query to generate reports. Nidec requires data entered into the
`
`database to be accurate and complete so that when queried an accurate and
`
`complete picture of Nidec' s financial status is provided. This is because Nidec
`
`1
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2006 - 1
`
`
`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.
`
`Case IPR2014-01121
`
`Patent 7,626,349
`
`Nidec Motor Corporation
`
`Patent Owner
`
`DECLARATION BY JOHN FILLA
`
`1.
`
`I, John Filla, am Director of Product Management for Commercial
`
`and Residential Motors for Nidec Motor Corporation ("Nidec"). I am familiar with
`
`the recordkeeping practices of Nidec, the process of inputting data into Nidec' s
`
`electronic financial database, and the process of querying Nidec' s electronic
`
`financial database to generate reports.
`
`2.
`
`Nidec maintains a financial database on an Oracle platform. Among
`
`other things, Nidec' s electronic financial database stores sales data, like pricing
`
`and volume information relating to customer orders, that Nidec employees like
`
`myself can later query to generate reports. Nidec requires data entered into the
`
`database to be accurate and complete so that when queried an accurate and
`
`complete picture of Nidec' s financial status is provided. This is because Nidec
`
`1
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2006 - 1
`
`
`
`Case IPR20 14-01121
`Patent 7,626,349
`
`relies on the accuracy and completeness of the data complied in Nidec' s electronic
`
`financial database when making business decisions.
`
`3.
`
`I am familiar with the document shown in Exhibit 2007. I helped
`
`prepare Exhibit 2007, which, behind the sales tab, comprises a true and accurate
`
`report of financial information collected from Nidec' s electronically maintained
`
`financial database relating to the pricing and sales of PerfectSpeed, EcoTech,
`
`16X4W and SelecTech electric motors and controls since they were first sold in
`
`2007. The pricing and sales data reflected in Exhibit 2007 was entered into Nidec' s
`
`electronic financial database at or near the time of each order or payment event by
`
`a person with knowledge of the order or payment event and whose job
`
`responsibilities require the accurate entry of pricing and sales data into Nidec' s
`
`electronic financial database. Users input the pricing and sales data maintained in
`
`Nidec's electronic financial database as a regular practice and custom. Indeed,
`
`Nidec maintained the pricing and sales data reflected in the sales tab of Exhibit
`
`2007 in its electronic financial database relating to the PerfectSpeed, EcoTech,
`
`16X4W and SelecTech electric motors and controls in the course of Nidec's
`
`regularly conducted business activity to track Nidec' s financial performance.
`
`4.
`
`Nidec relies on reports like that shown behind the sales tab in Exhibit
`
`2007 so that Nidec can operate its business with accurate knowledge of its
`
`financial status. Indeed, it is part of Nidec' s business practice to run reports similar
`
`2
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2006 - 2
`
`
`
`Case IPR20 14-01121
`Patent 7,626,349
`
`to what is shown behind the sales tab of Exhibit 2007 to gauge the sales success of
`
`various Nidec products and assist decision-making by Nidec with respect to its
`
`products and overarching business strategies.
`
`5.
`
`I am also familiar with the summary of information set forth behind
`
`the market tab of 2007, which comprises a true and accurate estimate of Nidec' s
`
`market share of variable speed electric motors and controls, including the OEM
`
`and aftermarket
`
`segments. At Nidec, Ryan Wade (the Vice President of
`
`Aftermarket
`
`for Commercial and Residential Motors at Nidec) and I have
`
`responsibility for tracking market share information for the OEM and aftermarket
`
`business segments. There is no publicly available information source that tracks
`
`those market segments broken down as shown in the market tab of 2007. Mr.
`
`Wade and I rely on Nidec' s own sales data, knowledge of the market size, and
`
`analytically forecast the likely size of the variable speed HVAC electric motor and
`
`controls market, including OEM and aftermarket segments.
`
`6.
`
`Accordingly, behind the market tab of 2007, comprises a true and
`
`accurate summary of market share data compiled from Nidec' s own sales data, and
`
`Nidec's knowledge of the market size. As part of our job responsibilities, Ryan and
`
`I routinely gather, record, and maintain market intelligence data that is used to
`
`compile market share data as we observe and receive the information in the
`
`market. We are careful in our selection and use of data used to compile market
`
`3
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2006 - 3
`
`
`
`Case IPR2014-01121
`Patent 7,626,349
`
`share data because Nidec needs the most accurate market share information as
`
`possible to make its business decisions. Ryan and I maintain the data used to
`
`compile market share information reflected in the market tab of Exhibit 2007 in an
`
`electronic format in the course ofNidec's regularly conducted business activity.
`
`7.
`
`Nidec relies on the market share information like that shown behind
`
`the market tab in Exhibit 2007 so that Nidec can operate its business with the best
`
`possible knowledge of its market position. Indeed, it is part of Nidec' s business
`
`practice to rely on market share data similar to what is shown behind the market
`
`tab of Exhibit 2007 to gauge Nidec' s trends in the market and assist decision-
`
`making by Nidec with respect to its products and overarching business strategies.
`
`8.
`
`I
`
`further declare that all
`
`statements made herein of my own
`
`knowledge are true and that statements made herein on information and belief are
`
`believed to be true; and further
`
`that
`
`these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code, and that such willful false statements may jeopardize the validity of the
`
`application, any patent issuing thereon, or any patent to which this Declaration is
`
`Date: - -= - -T - - - - - -T - - - - - -
`
`4
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2006 - 4
`
`
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