UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v.
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`DECLARATION OF DAVID G. WRIGHT
`
`Exhibit 2018 - Page 01 of 20
`
`Exhibit 2018 - Page 01 of 20
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v.
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`DECLARATION OF DAVID G. WRIGHT
`
`Exhibit 2018 - Page 01 of 20
`
`Exhibit 2018 - Page 01 of 20
`
`
`
`I, David G. Wright, hereby declare as follows:
`
`1.
`
`I am the Vice President of Technical Staff at Cypress Semiconductor
`
`Corp. ("Cypress"). I make this declaration based on my personal knowledge and
`
`opinions following a reasonable investigation, and, if called upon to do so, could
`
`and would testify competently to the matters set forth below.
`
`2.
`
`I received a BSc in Electronic Engineering (equivalent to BSEE) in
`
`1988 from the University of Southampton, England. Later, I received a MSc in
`
`VLSI Design (equivalent to MSEE) in 1995 from Bournemouth University,
`
`England.
`
`3.
`
`From 1984 to 1990, I was employed as an Electronics Engineer at
`
`Matra-Marconi Space Systems in Portsmouth, UK, where I held a variety of
`
`hardware, software, wireless, and system engineering positions. From 1990 to
`
`1996, I was employed as a Senior Research Engineer at Raytheon Marine Europe
`
`in Portsmouth, UK, where I was responsible for hardware and firmware design of
`
`leisure marine electronics. From 1996 to 1999, I was employed as an
`
`Electronics/Firmware Lead at Saitek PLC in Bristol, UK, where I was responsible
`
`for all aspects of electronics and established and led the EE/FW function for a
`
`startup product line of an established Asian toy OEM.
`
`4.
`
`From 1999 to present, I have been employed at Cypress in various
`
`roles. Specifically, from 1999 to 2002, I held the position of Applications
`
`Engineering Manager. In this role, I was responsible for all aspects of customer
`
`support for Cypress' market-leading LS & FS (low speed & full speed) USB
`
`products. From 2002 to 2006, I held the position of Lead Architect, Wireless &
`
`Exhibit 2018 - Page 02 of 20
`
`Exhibit 2018 - Page 02 of 20
`
`
`
`HID (Human Interface Devices). In this role, I defined and architected Cypress'
`
`2.4 GHz DSSS product family and Cypress' market-leading USB HID products,
`
`and also represented Cypress on various USB and Wireless standards bodies (e.g.,
`
`I was the co-chair of the USB OTG Working Group at the USB Implementers
`
`Forum, USB-IF). From 2006 to 2008, I held the position of Lead Architect,
`
`Consumer & Computation Division. In this role, I was responsible for system
`
`engineering and architecture of Wireless, MCU, USB and HID products, and
`
`defined and architected a major new mixed signal MCU product family. From
`
`2008 to present, I am holding the position of Vice President of Technical Staff,
`
`CTO (Chief Technical Officer) Office. In this role, I have acted as the platform
`
`architect for key MCU and AS SP platforms, the domain expert for HID, USB,
`
`Wireless, and 8-bit MCU, and the Patent Committee Chairman.
`
`5.
`
`6.
`
`I am an inventor on 119 (one hundred and nineteen) U.S. patents.
`
`Standard parameters for USB were jointly defined by computer
`
`hardware suppliers and were released in 1996 in the USB 1.0 specification. This
`
`initial specification defined basic performance criteria such as the data transfer
`
`speeds.
`
`7.
`
`Cypress's is a world leader in USB solutions. A significant part of
`
`this success can be attributed to the EZ-USB product line, which was incorporated
`
`into Cypress's USB business when it acquired a company called Anchor Chips in
`
`1999. The EZ-USB product line included a feature, not present in the USB 1.0
`
`specification, which allowed configuring peripheral devices connected to a host
`
`Exhibit 2018 - Page 03 of 20
`
`Exhibit 2018 - Page 03 of 20
`
`
`
`computer via USB without physically disconnecting and reconnecting the
`
`peripheral.
`
`Anchor Chips Products, Cypress Products, and the USB Patents
`
`8.
`
`I understand that Anchor Chips Inc. was founded by Ron Sartore and
`
`others. It is also my understanding that Anchor Chips' founders strived to address
`
`various problems with existing high-speed USB devices. An example of such a
`
`problem was the use of non-volatile memory (e.g., Flash, EEPROMs, EPROMs,
`
`and masked ROMs), which reduced re-configuration flexibility and did not allow
`
`for quick, in-the-field changes in firmware, driver code, and working prototypes.
`
`See Ex. 2025, pp. 1-4; Ex. 2026, pp. 1-4; Ex. 2027, pp. 1-3. I understand that the
`
`patents involved in the IPR proceedings are based on an application that was filed
`
`by Anchor Chips.
`
`9.
`
`It is my understanding that Anchor Chips, and in particular, the
`
`inventors of the patents at issue in the present IPRs, devised a way to perform a
`
`"soft, downloadable configuration" to address the issue of the lack of
`
`configurability of USB peripherals. This is described in a September 1, 1998
`
`article in EE Product News. See Ex. 2027 (available at
`
`http://electronicdesign.com/microprocessors/usb-chips-are-software-configurable).
`
`Anchor Chips' software configurable USB solution was called "EZ-USB," and
`
`provided unprecedented "soft configuration" architecture:
`
`4
`
`Exhibit 2018 - Page 04 of 20
`
`Exhibit 2018 - Page 04 of 20
`
`
`
`Soft Configuration
`
`Host PC
`
`FEN
`
`Co-de
`civorla•Eld
`
`Anchor Chips ir
`
`USB Controller
`Now it's easy.
`• Hag :Male configuration
`II Software upgrades
`III Memo (cid:9)
`ha
`ry enncemerds
`• Feature upgrades
`
`RAM
`
`Ex. 2025, pp. 4; Ex. 2026, pp. 4. See also Ex. 2028, pp. 9.
`
`10. (cid:9)
`
`The EZ-USB family provided the USB product designers and
`
`peripheral manufacturers with what Anchor Chips called "ReNumerationTM".
`
`Upon power-up or plug in, the EZ-USB chip automatically enumerates as a default
`
`USB device. Once enumerated, the host PC downloads configuration data that
`
`contains program, data, and enumeration tables. Once loaded, the EZ-USB core
`
`performs a ReNumerationTM cycle to simulate a USB disconnect and reconnect to
`
`come back as a completely new USB device. This entire sequence of enumeration,
`
`download, and ReNumerationTM happens quickly and is transparent to the user, as
`
`illustrated in the figure below:
`
`5
`
`Exhibit 2018 - Page 05 of 20
`
`Exhibit 2018 - Page 05 of 20
`
`
`
`E
`N
`U
`M
`E
`R
`A
`
`T
`0
`N
`
`Host
`
`Your Peripheral Device
`
`Host PC recognizes
`device is attached and
`starts enumeration
`
`Device provides start-up
`device descriptors
`
`Host PC issues
`configuration to be used
`by device
`
`Host PC loads final
`firmware and enumeration
`data into device from
`software file
`
`Host PC recognizes
`attachment of new USB
`device with updated
`firmware
`
`Host PC recognizes new
`device and loads final
`peripheral driver
`
`Now the device has its final firmware.
`However. the host PC still recognizes
`the device by its start-up
`description. To update the host PC.
`we complete renumeration.
`
`Device simulates
`disconnect and reconnects
`
`Device provides new
`device descriptors to PC
`host
`
`R
`E
`N
`U
`M
`E
`R
`A
`
`T
`N
`
`Ex. 2025, pp. 5; Ex. 2026, pp. 5. See also: Ex. 2028, pp. 6; Ex. 2029, pp. 19; Ex.
`
`2030, pp. 8.
`
`11. (cid:9)
`
`The above ReNumerationTM feature of Anchor Chips' EZ-USB
`
`products was found in Anchor Chips' EZ-USB products such as AN2121SC,
`
`AN2125SC, AN2126SC, AN2131SC, AN2135SC, AN2136SC, AN2131QC,
`
`AN2141QC, AN2321SC, AN2325SC, AN2326SC, AN2331SC, AN2335SC,
`
`AN2336SC, AN2331QC, AN2341QC. See Ex. 2025, pp. 1; Ex. 2026, pp. 1.
`
`Exhibit 2018 - Page 06 of 20
`
`Exhibit 2018 - Page 06 of 20
`
`(cid:9)
`
`
`12. After the acquisition of Anchor Chips by Cypress in 1999, Cypress
`
`continued the EZ-USB product line and developed other USB controllers that
`
`incorporate the above ReNumerationTM feature. Exemplary Cypress' EZ-USB
`
`products including the ReNumerationTM feature included but were not limited to,
`
`EZ-USB, EZ-USB FX (CY7C646xx), EZ-USB FX1 (CY7C647xx), EZ-USB FX2
`
`(CY7C68013), EZ-USB FX2LP (CY7C68013A, CY7C68014A, CY7C68015A,
`
`CY7C68016A), MoBL-USB FX2LP18 USB (CY7C68053). See Ex. 2031, pp. 51;
`
`Ex. 2032, pp. 1-11; Ex. 2034, pp. 6; Ex. 2058, pp. 79; Ex. 2035, pp. 5; Ex. 2036,
`
`pp. 4 & 3-1 and Ex. 2033, pp. 51.
`
`Commercial Success — At Anchor Chips
`
`13. The ReNumerationTM feature of the Anchor Chips EZ-USB products
`
`was quickly recognized as providing a simplified, high speed solution to updating
`
`peripheral components via a USB connect. For example, a March 2, 1998 article
`
`in industry journal EDN noted:
`
`The ICs also use an enumeration scheme to maximize flexibility in
`peripherals via downloadable control firmware. The USB standard
`specifies that a peripheral must go through an enumeration procedure
`whenever the peripheral connects to the bus. During this procedure,
`the host assigns the peripheral a unique ID, and the peripheral
`provides the host with device descriptors that indicate the peripheral's
`capabilities. In contrast, the EZ-USB ICs go through this enumeration
`procedure and establish a baseline configuration. The ICs then
`download new firmware from the host, simulate a
`disconnect/reconnect cycle, and repeat the enumeration,
`providing updated descriptors to the host. This software-based
`configuration scheme offers several advantages. For example, it
`
`7
`
`Exhibit 2018 - Page 07 of 20
`
`Exhibit 2018 - Page 07 of 20
`
`
`
`simplifies software updates to peripherals, a feature that can be
`important in a new interface, such as USB. The software-based
`configuration also enables you to develop multifunction peripherals.
`A DSP-based peripheral could take on the role of a modem during one
`session, for example, and an audio synthesizer during another session.
`
`Ex. 2037, pp. 1 (emphasis added).
`
`14.
`
`
`
`8
`
`Exhibit 2018 - Page 08 of 20
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 2018 - Page 08 of 20
`
`
`
`15.
`
`15-
`
`
`
`
`
`
`
`
`
`
`
`16.
`16-
`
`
`
`
`
`
`
`
`
`
`
`
`
`9
`9
`
`Exhibit 2018 - Page 09 of 20
`Exhibit 2018 - Page 09 of 20
`
`Exhibit 2018 - Page 09 of 20
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`10
`
`Exhibit 2018 - Page 10 of 20
`
`17.
`
`18.
`
`
`
`
`
`Exhibit 2018 - Page 10 of 20
`
`(cid:9)
`(cid:9)
`
`
`
`
`19.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`20.
`
`In addition, Anchor Chips sold EZ-USB development kits that
`
`included an actual EZ-USB product (part no. AN2131QC). Ex. 2025, pp. 12; Ex.
`
`
`
`
`
`2026, pp. 12.
`
`
`
`1 1
`
`Exhibit 2018 - Page 11 of 20
`
`Exhibit 2018 - Page 11 of 20
`
`
`
`.
`
`Commercial Success — After Acquisition By Cypress
`
`21. Cypress acquired Anchor Chips on or around May 25, 1999, and
`
`issued a press release accordingly. press release announcement, Ex. 2057, pp. 2-5.
`
`22. After the acquisition, Cypress incorporated the ReNumerationTM
`
`feature into many of the USB products it sold (e.g., one example being the EZ-
`
`USB FX), which provided these products with the "soft configuration"
`
`characteristic of the original Anchor Chips' EZ-USB products. See e.g., paragraph
`
`§9 above for a discussion of the "soft configuration" feature.
`
`
`
`
`
`
`
`12
`
`Exhibit 2018 - Page 12 of 20
`
`Exhibit 2018 - Page 12 of 20
`
`
`
`
`
`
`
`13
`13
`
`Exhibit 2018 - Page 13 of 20
`Exhibit 2018 - Page 13 of 20
`
`Exhibit 2018 - Page 13 of 20
`
`
`
`23. Until 1999, Cypress considered the USB market to be segmented into
`
`the low-speed and full-speed segments. Ex. 2051, pp. 2. In 1999, however, based
`
`on its experience with customers and as sales of its products grew, Cypress' USB
`
`market segmentation evolved to include more narrow functional segments by
`
`peripheral type and application. Id. For this reason, Cypress offered solutions
`
`targeted at individual segments of the USB market:
`'ants and matching configurations. capabilities. and options. Cypress offers solutions targeied at advidiial
`semis of the USB market_
`USB Peripheral Cypress Sohnion
`cy-Te 63ma Emily
`Moue (cid:9)
`Keyboard — hub 07CM:ea family
`Motherbaardlatsb CY7C651:D: family
`Speakers (cid:9)
`_AN:135SC (Anchor Chips)
`Standalone (cid:9)
`CY7C65Ctx_x
`Scanner (cid:9)
`AN:136SC (Anchor Chips)
`AN2131QC {_mho! Chips)
`W:130 (Intel),
`Phone Fax (cid:9)
`Video Camera _-1N2131QC (Anchor Chips)
`
`Id.
`
`24. According to market research firm DataQuest, an estimated 27 million
`
`USB peripherals would ship in 1999, skyrocketing to 85.5 million the following
`
`year (a growth of 225%), with the market having a potential to grow to almost 500
`
`million units in 2003. Some observers considered that these figures from
`
`DataQuest may be underestimating the size of the market, currently and in the
`
`future. Ex. 2051, pp. 2. F
`
`
`
`
`
`
`
`14
`
`Exhibit 2018 - Page 14 of 20
`
`Exhibit 2018 - Page 14 of 20
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`25.
`
`
`
`15
`15
`
`Exhibit 2018 - Page 15 of 20
`Exhibit 2018 - Page 15 of 20
`
`Exhibit 2018 - Page 15 of 20
`
`
`
`26.
`
`
`
`
`
` When considered in the context of the more narrowly-segmented
`
`USB market (e.g., by peripheral type and application, see § 23 above), it is clear
`
`that Cypress' USB products with the ReNumerationTM feature are an
`
`unquestionable commercial success.
`
`27.
`
`In addition to developing and selling new USB products with the
`
`ReNumerationTM feature, Cypress continued to sell EZ-USB products under the
`
`original Anchor Chips' part numbers (e.g., such as AN2131QC, AN2131SC,
`
`AN2135SC, AN2136SC) until 2007.
`
`
`
`
`
`
`
`
`
`Praise by Others
`
`28. Anchor Chips USB products with the ReNumerationTM feature were
`
`universally praised by customers and observers in the industry.
`
`29. Soon after Anchor Chips announced its first USB product line in
`
`1998, various commentators praised the ReNumerationTM feature of these USB
`
`products referring to them as "chang[ing] the course of USB enumeration
`
`process", "simplify[ing] software updates", "retain[ing] flexibility for changes in
`
`the USB spec", "reduc[ing] the cost and complexity of developing high-speed USB
`
`16
`
`Exhibit 2018 - Page 16 of 20
`
`Exhibit 2018 - Page 16 of 20
`
`
`
`peripheral equipment", "for the first time an avenue for developing soft,
`
`downloadable configurations", "[b]ecause enumeration/renumeration simplifies
`
`software updates to peripherals, it can be an important features as USB evolves",
`
`and "[r]enumeration provides a neat chameleon-like capability". Ex. 2052, pp. 1.
`
`30. An article in EDN magazine in March 1998, referred to Anchor
`
`Chips' EZ-USB family of products as providing "a new tack to maximize
`
`flexibility in the USB enumeration procedure" via "downloadable control
`
`firmware" and, in contrast the standard USB enumeration, to allowing the USB ICs
`
`to "download new firmware from the host, simulate a disconnect/reconnect cycle,
`
`and repeat the enumeration. "This software-based configuration scheme offer[ed]
`
`several advantages", such as "simplif[ing] software updates to peripherals, a
`
`feature that can be important in a new interface, such as USB." "The software-
`
`based configuration also enable[d] you to develop multifunction peripherals", for
`
`example "[a] DSP-based peripheral could take on the role of a modem during one
`
`session, and an audio synthesizer during another session." See Ex. 2037, pp. 1.
`
`31. An article in Electronic Design on September 1, 1998, praised the EZ-
`
`USB family of products as being "[d]esigned to reduce the cost and complexity of
`
`developing high-speed USB peripheral equipment" and providing "an avenue for
`
`soft, downloadable configuration". See Ex. 2027, pp. 1.
`
`32. A 1999 book by J. Hyde, "USB Design By Example", ISBN 0-471-
`
`37048-7, at pp. 62-63, and published by Anchor Chips' competitor Intel, praised
`
`the ReNumerationTM feature:
`
`17
`
`Exhibit 2018 - Page 17 of 20
`
`Exhibit 2018 - Page 17 of 20
`
`
`
`One device we'll use in several examples is the EZ-USB
`component from Anchor Chips (Figure 3-12). This component has a
`unique implementation in that the program memory of the protocol
`controller is RAM. On power-up, an intelligent SIE holds the
`protocol in reset. The SIE understands the enumeration process and
`can complete the process without the help from the protocol
`controller. The device driver specified by the EZ-USB device
`descriptor knows how to do one thing: Download a program into the
`program RAM and remove the reset from the protocol controller. We
`thus soft-load a program into the I/O device!
`The EZ-USB component then programmatically detaches
`itself from the hub and reattaches itself with its newly loaded
`personality. Anchor Chips calls this process "renumeration," and it
`means that the device doesn't have to be built with a mask ROM, be
`programmed, or even be flashed. If you think that your I/O device
`program may change after it ships to users, then software update is
`as easy as providing a new file on the PC host. No product to
`recall. No new parts or EPROMs to manufacture and supply.
`Just ask your users to download an update from the Internet!
`
`See Ex. 2056 (emphasis added).
`
`33. (cid:9)
`
`In addition, Anchor Chips' own marketing materials explained the
`
`importance of the ReNumerationTM feature of its USB products. For example, the
`
`initial product press release on February 17, 1998 was titled "Anchor Chips
`
`Announces Software-Configurable USB Chip Family for High-Speed Peripheral
`
`Equipment" and emphasized the capability for "soft, downloadable configuration".
`
`See Ex. 2055, pp. 1-2. This was considered by Anchor Chips as an important
`
`18
`
`Exhibit 2018 - Page 18 of 20
`
`Exhibit 2018 - Page 18 of 20
`
`
`
`feature in the nascent period of the USB technology, during which "USB designs
`
`[were] difficult to implement, especially in high-performance peripherals." Id.
`
`Conclusion
`
`34. (cid:9)
`
`I am familiar with document management systems used by Cypress
`
`Semiconductor Corp. ("Cypress") in the ordinary course of its business and hereby
`
`certify as follows: (1) Exhibits 2029, 2030, 2038, 2039, 2040, 2041, 2042, 2043,
`
`2044, 2045, 2047, 2048, 2049, 2050, 2052, hereto, are records which Anchor
`
`Chips kept in the ordinary course of its business as a developer, manufacturer, and
`
`seller of USB Products and delivered to Cypress upon the acquisition in May 1999;
`
`(2) Exhibits 2031, 2032, 2033, 2034, 2035, 2036, 2051, 2057, 2058 hereto, are
`
`records which Cypress kept in the ordinary course of its business as a developer,
`
`manufacturer, and seller of USB Products; (3) Exhibits 2025, 2026, 2028, 2052,
`
`2055, hereto, are marketing records which Anchor Chips kept in the ordinary
`
`course of its business as a developer, manufacturer, and seller of USB Products.
`
`Exhibits 2053 and 2054 are summaries of sales data retrieved from Cypress' sales
`
`systems. These records were made by persons at Cypress (or its predecessor,
`
`Anchor Chips) who had knowledge of the acts, events, conditions, or opinions
`
`recorded therein, and it was in the regular course of Cypress business to make such
`
`records or to transmit the information therein to be included in such records at or
`
`near the time of the acts, events, conditions, or opinions described therein, or
`
`shortly thereafter. These records are originals or exact duplicates of originals.
`
`Exhibits 2027, 2037, 2051 hereto are articles retrieved from the Internet. Exhibit
`
`2056 hereto is an excerpt from a book.
`
`19
`
`Exhibit 2018 - Page 19 of 20
`
`Exhibit 2018 - Page 19 of 20
`
`
`
`35. (cid:9)
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made herein on information and belief
`
`are believed to be true. Rather, these statements were made with the knowledge
`
`that willful false statements and the like so made are punishable by fine,
`
`imprisonment, or both, under Section 1301 of Title 18 of the United States Code.
`
`Executed on this
`
`day of June, 2015.
`
`avid G. Wright
`
`20
`
`Exhibit 2018 - Page 20 of 20
`
`Exhibit 2018 - Page 20 of 20
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