IPR 2014-01181
`U.S. Patent No. 8,532,641
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`SAMSUNG ELECTRONICS CO., LTD;
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`
`
`Petitioners,
`
`v.
`
`AFFINITY LABS OF TEXAS, LLC,
`
`Patent Owner.
`
`_____________________
`
`Case IPR2014-011811
`
`Patent No. 8,532,641 B2
`
`DECLARATION OF THOMAS R. DESIMONE IN SUPPORT OF
`PATENT OWNER’S RESPONSE TO INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,532,641
`
`
`
`
`
`
`
`1 Cases IPR2014-01182 and IPR2014-01184 have been consolidated with the instant
`proceeding.
`
`
`
`1
`
`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 1
`
`
`U.S. Patent No. 8,532,641
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________
`
`SAMSUNG ELECTRONICS CO., LTD;
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`
`
`Petitioners,
`
`v.
`
`AFFINITY LABS OF TEXAS, LLC,
`
`Patent Owner.
`
`_____________________
`
`Case IPR2014-011811
`
`Patent No. 8,532,641 B2
`
`DECLARATION OF THOMAS R. DESIMONE IN SUPPORT OF
`PATENT OWNER’S RESPONSE TO INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,532,641
`
`
`
`
`
`
`
`1 Cases IPR2014-01182 and IPR2014-01184 have been consolidated with the instant
`proceeding.
`
`
`
`1
`
`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 1
`
`
`
`IPR 2014-01181
`U.S. Patent No. 8,532,641
`I, Thomas R. DeSimone, make the following Declaration pursuant to 28 U.S.C.
`
`§ 1746:
`
`1.
`
`2.
`
`I am an attorney at the law firm of Robins Kaplan, LLP.
`
`I provide this Declaration in connection with the above-identified Inter
`
`Partes Review proceeding that was initiated by the above identified petitioners under
`
`35 U.S.C. §§ 311-319 and C.F.R. § 42. Unless otherwise stated, all facts in this
`
`Declaration are based on my personal knowledge.
`
`3. Attached hereto as Exhibit 2006 is a true and correct copy of an excerpt
`
`from a book authored by Ken C. Pohlmann entitled “Principles of Digital Audio” pp.
`
`243-252 (4th ed. 2000). Other than the exhibit tab information affixed to the bottom
`
`right hand corner of each page, no alterations have been made to these documents.
`
`4. Attached hereto as Exhibit 2007 is a true and correct copy of a transcript of
`
`the Deposition of Dr. Schuyler Quackenbush, dated April 17, 2015. Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`5. Attached hereto as Exhibit 2008 is a true and correct copy of an excerpt
`
`from the Merriam-Webster “Webster’s Ninth New Collegiate Dictionary.” Other
`
`than the exhibit tab information affixed to the bottom right hand corner of each page,
`
`no alterations have been made to these documents.
`
`6. Attached hereto as Exhibit 2009 is a true and correct copy of a document
`
`authored by Hewlett Packard entitled “The Personal Handy Phone System in Japan’s
`2
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`
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 2
`
`
`
`IPR 2014-01181
`U.S. Patent No. 8,532,641
`Wireless Communication Market” (1996). Other than the exhibit tab information
`
`affixed to the bottom right hand corner of each page, no alterations have been made
`
`to these documents.
`
`7. Attached hereto as Exhibit 2010 is a true and correct copy of an article
`
`authored by Doug Newcomb entitled “From EightTrack to Bluetooth: InCar
`
`Entertainment's Bumpy Ride” Wired Magazine (July 19, 2012). Other than the exhibit
`
`tab information affixed to the bottom right hand corner of each page, no alterations
`
`have been made to these documents.
`
`8. Attached hereto as Exhibit 2011 is a true and correct copy of an article
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`authored by Les Freed entitled “The First Bluetooth” at PCMag.com,
`
`http://www.pcmag.com/article2/0,2817,34229,00.asp (Jan. 2, 2001). Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`9. Attached hereto as Exhibit 2012 is a true and correct copy of U.S. Patent
`
`No. 8,521,140 (“the ’140 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`10. Attached hereto as Exhibit 2013 is a true and correct copy of U.S. Patent
`
`No. 7,953,390 (“the ’390 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`
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`3
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 3
`
`
`
`IPR 2014-01181
`U.S. Patent No. 8,532,641
`11. Attached hereto as Exhibit 2014 is a true and correct copy of U.S. Patent
`
`No. 7,778,595 (“the ’595 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`12. Attached hereto as Exhibit 2015 is a true and correct copy of U.S. Patent
`
`No. 7,324,833 (“the’833 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`13. Attached hereto as Exhibit 2016 is a true and correct copy of the File
`
`History for U.S. Patent No. 8,521,140. Other than the exhibit tab information affixed
`
`to the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`14. Attached hereto as Exhibit 2017 is a true and correct copy of the October
`
`5, 2012 Action Closing Prosecution in Reexamination Control Nos. 90/010,333,
`
`95/001,223, 95/001,264 (Ex Parte and Inter Partes Reexamination of U.S. Patent No.
`
`7,324,833). Other than the exhibit tab information affixed to the bottom right hand
`
`corner of each page, no alterations have been made to these documents.
`
`15. Attached hereto as Exhibit 2018 is a true and correct copy of a Jury Verdict
`
`Form, Affinity Labs of Texas, LLC v. Hyundai Motor Am. Inc., et al., DI 520, txed-9-08-
`
`cv-00164 (E.D. Tex. Oct. 28, 2010). Other than the exhibit tab information affixed to
`
`
`
`4
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 4
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`
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`IPR 2014-01181
`U.S. Patent No. 8,532,641
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`16. Attached hereto as Exhibit 2019 is a true and correct copy of U.S. Patent
`
`No. 7,486,926 (“the ’926 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`17. Attached hereto as Exhibit 2020 is a true and correct copy of the February
`
`15, 2013 Decision on Request for Rehearing in Reexamination Control No.
`
`95/001,263 (Inter Partes Reexamination of U.S. Patent No. 7,486,926). Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`18.
`
` Attached hereto as Exhibit 2021 is a true and correct copy of U.S. Patent
`
`No. 7,634,228 (“the ’228 patent”). Other than the exhibit tab information affixed to
`
`the bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`19. Attached hereto as Exhibit 2022 is a true and correct copy of the February
`
`14, 2013 Office Action in Reexamination Control No. 90/011,982 (Ex Parte
`
`Reexamination of U.S. Patent No. 7,634,228). Other than the exhibit tab information
`
`affixed to the bottom right hand corner of each page, no alterations have been made
`
`to these documents.
`
`
`
`5
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 5
`
`
`
`IPR 2014-01181
`U.S. Patent No. 8,532,641
`20. Attached hereto as Exhibit 2023 is a true and correct copy of the July 10,
`
`2013 Advisory Action in Reexamination Control No. 90/011,982 (Ex Parte
`
`Reexamination of U.S. Patent No. 7,634,228). Other than the exhibit tab information
`
`affixed to the bottom right hand corner of each page, no alterations have been made
`
`to these documents.
`
`21.
`
` Attached hereto as Exhibit 2024 is a true and correct copy of the October
`
`14, 2013 Patent Owner’s Appeal Brief in Reexamination Control No. 90/011,982 (Ex
`
`Parte Reexamination of U.S. Patent No. 7,634,228). Other than the exhibit tab
`
`information affixed to the bottom right hand corner of each page, no alterations have
`
`been made to these documents.
`
`22. Attached hereto as Exhibit 2025 is a true and correct copy of the February
`
`6, 2014 Examiner's Answer to Appeal Brief in Reexamination Control No.
`
`90/011,982 (Ex Parte Reexamination of U.S. Patent No. 7,634,228). Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`23. Attached hereto as Exhibit 2026 is a true and correct copy of the July 29,
`
`2014 Request for Rehearing in Reexamination Control No. 90/001,281 (Inter Partes
`
`Reexamination of U.S. Patent No. 7,634,228). Other than the exhibit tab information
`
`affixed to the bottom right hand corner of each page, no alterations have been made
`
`to these documents.
`
`
`
`6
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 6
`
`
`
`IPR 2014-01181
`U.S. Patent No. 8,532,641
`24. Attached hereto as Exhibit 2027 is a true and correct copy of the Battery
`
`Charging Specification, Revision 1.1, April 15, 2009, USB Implementers Forum, Inc.
`
`Other than the exhibit tab information affixed to the bottom right hand corner of
`
`each page, no alterations have been made to these documents.
`
`25. Attached hereto as Exhibit 2028 is a true and correct copy of an excerpt
`
`from a textbook authored by Dr. Marilyn Wolf entitled “Computers as Components”
`
`pp. 213-306, 3d ed. (2012). Other than the exhibit tab information affixed to the
`
`bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`26. Attached hereto as Exhibit 2029 is a true and correct copy of a webpage
`
`entitled “Bluetooth Basics: A Look at the Basics of Bluetooth Technology” at
`
`http://www.bluetooth.com/Pages/Basics.aspx (accessed April 20, 2015). Other than
`
`the exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`27.
`
` Attached hereto as Exhibit 2030 is a true and correct copy of the
`
`Specification of the Bluetooth System v1.0B (December 1, 1999). Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`28. Attached hereto as Exhibit 2031 is a true and correct copy of an article
`
`authored by Junko Yoshida entitled “Interoperability Issues Dog Bluetooth’s Rise”
`
`EE Times at http://www.eetimes.com/document.asp?doc_id=1141774 (June 16,
`7
`
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 7
`
`
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`IPR 2014-01181
`U.S. Patent No. 8,532,641
`2000). Other than the exhibit tab information affixed to the bottom right hand corner
`
`of each page, no alterations have been made to these documents.
`
`29. Attached hereto as Exhibit 2032 is a true and correct copy of an article
`
`authored by Troy Holtby, entitled “Bluetooth 1.1 Addresses Earlier Flaws” at
`
`http://edition.cnn.com/2001/TECH/ptech/08/14/bluetooth.1.idg. Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
`
`30. Attached hereto as Exhibit 2033 is a true and correct copy of a webpage
`
`entitled “History of the Bluetooth Special Interest Group” at
`
`http://www.bluetooth.com/Pages/History-of-Bluetooth.aspx (accessed May 13,
`
`2015). Other than the exhibit tab information affixed to the bottom right hand corner
`
`of each page, no alterations have been made to these documents.
`
`31. Attached hereto as Exhibit 2034 is a true and correct copy of an article
`
`authored by Len Sherman, entitled “The Basics of USB Battery Charging: A Survival
`
`Guide” at http://www.maximintegrated.com/en/app-notes/index.mvp/id/4803
`
`(accessed on May 13, 2015). Other than the exhibit tab information affixed to the
`
`bottom right hand corner of each page, no alterations have been made to these
`
`documents.
`
`32. Attached hereto as Exhibit 2035 is a true and correct copy of an article
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`authored by James Lendino, entitled “How USB Charging Works, or How to Avoid
`
`Blowing Up Your Smartphone” at
`
`
`
`8
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 – 8
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`
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`IPR 2014-01181
`U.S. Patent No. 8,532,641
`-tremetech.com/computing/115251-how-usb-charging-works-or-how -
`
`ttp: / /www
`
`to-av id-blowing-up-vour-smartphone (March 25, 2015). Other than the exhibit tab
`
`information affixed to the bottom right hand corner of each page, no alterations have
`
`been made to these documents.
`
`33. Attached hereto as Exhibit 2036 is a true and correct copy of a webpage
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`entitled The DRAM Market, at
`
`(lattp:
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`/s mith s onianchip s. si. edu /lc /cd/MEMORY97 /SEC( 2.PDF). Other than the
`
`exhibit tab information affixed to the bottom right hand corner of each page, no
`
`alterations have been made to these documents.
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`34.
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`I make these declarations of my own personal knowledge. If called to
`
`testify as to the truth of the matters stated herein, I could and would testify
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`competently.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Executed this 14th day of May, 2015.
`
`Thomas (cid:9)
`
`eSimone
`
`9
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`SAMSUNG ELECTRONICS CO., LTD., v. AFFINITY LABS OF TEXAS, LLC
`IPR2014-01181 EXHIBIT 2037 - 9
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