Page 1
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` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF MARYLAND
` BALTIMORE DIVISION
`
`PAICE LLC and
`THE ABELL FOUNDATION, INC.,
` Plaintiffs,
` Case: 1:14cv00492-WDQ
`vs.
`
`FORD MOTOR COMPANY,
` Defendant.
`__________________________________/
`
` DEPOSITION OF GREGORY DAVIS
` Southfield, Michigan
` February 25, 2015
`
`REPORTED BY:
`Anne E. Vosburgh, CSR, RPR, CRR
`Job No.: 13578
`
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`1
`
`PAICE 2109
`Ford v. Paice & Abell
`IPR2014-1415
`
`
`
` IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF MARYLAND
` BALTIMORE DIVISION
`
`PAICE LLC and
`THE ABELL FOUNDATION, INC.,
` Plaintiffs,
` Case: 1:14cv00492-WDQ
`vs.
`
`FORD MOTOR COMPANY,
` Defendant.
`__________________________________/
`
` DEPOSITION OF GREGORY DAVIS
` Southfield, Michigan
` February 25, 2015
`
`REPORTED BY:
`Anne E. Vosburgh, CSR, RPR, CRR
`Job No.: 13578
`
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`PAICE 2109
`Ford v. Paice & Abell
`IPR2014-1415
`
`
`
`Page 2
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` DEPOSITION OF GREGORY DAVIS, taken on February 25,
`2015 at 10:18 a.m., at the Law Offices of Brooks
`Kushman, 1000 Town Center, Southfield, Michigan,
`before Anne E. Vosburgh, Certified Shorthand
`Reporter, Registered Professional Reporter,
`Certified Realtime Reporter, and Notary Public in
`and for the State of Michigan, County of Oakland.
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` A P P E A R A N C E S:
`
`FOR THE PLAINTIFF:
`
` FISH & RICHARDSON
` BY: W. PETER GUARNIERI, ESQ.
` 1425 K Street NW, 11th Floor
` Washington DC 20005
` 202.783.5070
` guarnieri@fr.com
`
`FOR THE DEFENDANT:
`
` BROOKS KUSHMAN, PC
` BY: FRANK A. ANGILERI, ESQ.
` JOHN RONDINI, ESQ.
` 1000 Town Center, Floor 22
` Southfield, Michigan 48075
` 248.358.4400
` fangileri@brookskushman.com
` jrondini@brookskushman.com
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` APPEARANCES, CONTINUED:
`
`FOR THE DEFENDANT:
`
` LATHAM & WATKINS, LLP
` BY: THOMAS YEH, ESQ.
` 330 North Wabash Avenue
` Suite 2800
` Chicago, Illinois 60611
` 312.876.7700
` thomas.yeh@lw.com
`
` ALSO PRESENT:
` Frances M. Keenan, Paice LLC
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` INDEX TO EXAMINATIONS
` WITNESS: GREGORY DAVIS
`
`EXAMINATION BY MR. GUARIANI: 7
`
`Page 5
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` INDEX TO EXHIBITS
`EXHIBIT DESCRIPTION PAGE
`
`Exhibit 1 Declaration of Gregory Davis in 16
` Support of Inter Partes Review.
` Ford 1215, pages 1 - 200.
`Exhibit 2 US Patent 7,104,347; Exhibit Ford 23
` 1201, pages 1 - 54
`Exhibit 3 Hybrid Power Unit Development for 23
` Fiat Multipla Vehicle; Exhibit
` Ford 1203, pages 1 - 8
`Exhibit 4 US Patent No. 6,158,541; Exhibit 140
` Ford 1205, pages 1 - 56
`Exhibit 5 US Patent No. 5,841,201; Exhibit 140
` Ford 1204, pages 1 - 43
`Exhibit 6 Declaration of Dr. Gregory Davis, 153
` US Patent No. 7,237,634
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`EXHIBITS CONTINUED:
`
`Exhibit 7 International Patent 155
` No. WO 93/23263; Ford Exhibit
` 1039, pages 1 - 26
`Exhibit 8 Strategies in Electric and Hybrid 155
` Vehicle Design, SAE SP-1156; Ford
` Exhibit 1025, pages 1 to 15
`
` (Exhibits attached to the transcript.)
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` Southfield, Michigan
` February 25, 2015
` 9:25 a.m.
`
` P R O C E E D I N G S
`
` MR. GUARNIERI: This is Pete
` Guarnieri for Paice and Abell
` Foundation. And I have with me the
` Chairman of the Board of Paice,
` Frances Keenan.
` MR. ANGILERI: Frank Angileri for
` Ford. With me are John Rondini and
` Thomas Yeh.
`
`G R E G O R Y D A V I S, 10:13:33
` Having sworn to testify truthfully, 10:13:33
` was examined upon his oath as follows: 10:13:33
`EXAMINATION 10:18:43
`BY MR. GUARNIERI: 10:18:43
` Q Good morning, Dr. Davis. 10:18:43
` A Good morning. 10:18:45
`
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` GREGORY DAVIS
` Q Could you please state your full name 10:18:47
` and business address for the record? 10:18:49
` A Yes, Dr. Gregory W. Davis, D-a-v-i-s, 10:18:50
` and I work at Kettering University, 1700 10:18:54
` University Avenue, Flint, Michigan 48504. 10:18:58
` Q And Dr. Davis, you understand that 10:19:05
` you've taken an oath to testify truthfully this 10:19:07
` morning just as if you were in court? 10:19:09
` A Yes, I do. 10:19:11
` Q Is there any reason why you can't 10:19:12
` testify truthfully and accurately today, any 10:19:14
` medical conditions or other conditions that 10:19:16
` would prevent you from testifying? 10:19:19
` A No. 10:19:21
` Q And I'm correct that you've been 10:19:24
` deposed before? 10:19:26
` A Yes, you are correct. 10:19:27
` Q And about how many times have you 10:19:29
` been deposed? 10:19:32
` A You know, I'm not sure. Maybe 10 or 10:19:38
` 12 times. 10:19:41
` Q And that includes the prior two 10:19:41
` depositions or one day of depositions on two 10:19:43
` IPRs related to this matter, correct? 10:19:49
`
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` GREGORY DAVIS
` A Correct. 10:19:51
` Q And that would be IPR 2014 '571 and 10:19:52
` IPR 2014 '579? 10:19:56
` A You've got me on that one. 10:20:02
` Q They involve the '347, correct? 10:20:04
` A I believe that's correct. 10:20:08
` Q So you understand the general 10:20:10
` deposition procedures? 10:20:12
` A Yes, I do. 10:20:13
` Q I'll ask you questions. I'll try to 10:20:14
` be as clear as possible, but if you don't 10:20:15
` understand my question, I ask that you ask me 10:20:17
` for clarification. If you don't ask for 10:20:20
` clarification, I'll assume that you understood 10:20:22
` the question, okay? 10:20:24
` MR. ANGILERI: Object to the form. 10:20:31
` THE WITNESS: Yes. 10:20:35
`BY MR. GUARNIERI: 10:20:35
` Q And from time to time Mr. Angileri 10:20:36
` will be making objections for the record. And 10:20:36
` unless he instructs you not to answer a 10:20:37
` question, you should answer the question, okay? 10:20:41
` A That sounds right. 10:20:44
` Q We'll try and take breaks throughout 10:20:45
`
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` GREGORY DAVIS
` the day. If you need to take a break sooner 10:20:47
` than when -- every hour or so, please let me 10:20:50
` know. But I would ask before we do take a 10:20:54
` break you answer whatever the pending question 10:20:56
` is. 10:20:59
` A All right. 10:21:00
` Q So Dr. Davis, turning to the two IPRs 10:21:04
` that we're here about, IPR 2014-00884 and 10:21:07
` 2014-00904, when were you originally retained 10:21:12
` for the two proceedings? 10:21:16
` A Gosh, I don't know. Maybe about a 10:21:24
` year ago, I guess. 10:21:26
` Q So about early 2014 sometime? 10:21:27
` A Yeah, I think so. I'm not exactly 10:21:34
` sure. 10:21:36
` Q And would it have been at the same 10:21:36
` time that you were asked to submit a 10:21:39
` declaration for the '571, '579 IPRs? 10:21:45
` MR. ANGILERI: Objection to form. 10:21:51
` THE WITNESS: Honestly, I don't 10:21:51
` know. 10:21:52
`BY MR. GUARNIERI: 10:21:52
` Q And who originally contacted you 10:21:56
` about submitting a declaration on these 10:21:59
`
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` GREGORY DAVIS
` proceedings, the '884 and '904 IPRs? 10:22:01
` MR. ANGILERI: Object to form, 10:22:11
` foundation. 10:22:11
` THE WITNESS: I'm not exactly sure. 10:22:11
` I'm sure it was one of the attorneys 10:22:14
` here at Brooks Kushman. 10:22:16
`BY MR. GUARNIERI: 10:22:19
` Q Dr. Davis, other than the Paice and 10:22:19
` Ford IPRs -- let me take that back. 10:22:23
` Other than the '884 and '904, you're 10:22:29
` submitting declarations for a number of other 10:22:35
` IPRs on Paice patents, is that correct, on 10:22:39
` behalf of Ford? 10:22:43
` A Yes. I have submitted a number of 10:22:43
` declarations. 10:22:45
` Q So other than that work with Ford, 10:22:46
` are you doing any other kind of consulting or 10:22:52
` other work for Ford outside of the Paice IPRs? 10:22:55
` MR. ANGILERI: Objection, form. 10:23:02
` THE WITNESS: No. I'm sure we 10:23:12
` collaborate sometimes as a university 10:23:14
` with different things with Ford Motor 10:23:15
` Company, but I don't believe -- 10:23:19
` Oh, I do -- I am involved in -- I 10:23:21
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` GREGORY DAVIS
` don't know if it's still going -- 10:23:24
` another matter for Ford. 10:23:26
`BY MR. GUARNIERI: 10:23:27
` Q What is that other matter? 10:23:28
` A It is involving fuel pumps. 10:23:29
` Q Is it a litigation, IPR? 10:23:31
` A IPR, I believe. 10:23:35
` Q Other than that IPR and these Paice 10:23:35
` IPRs, are you currently retained by Ford to do 10:23:38
` any other kind of consulting work? 10:23:45
` A No, I don't believe so. 10:23:47
` Q Is any of your research work funded 10:23:51
` by Ford? 10:23:53
` A Not at the moment I don't have any 10:23:54
` research work funded by Ford. 10:23:57
` Q In the past have you had research 10:23:58
` work funded by Ford? 10:24:00
` A They've provided in-kind support for 10:24:02
` some of my research work. 10:24:04
` Q What do you mean "in-kind support"? 10:24:06
` A Like equipment, donations. 10:24:09
` Q But no direct grant money, things of 10:24:16
` that nature? 10:24:18
` A They've provided -- to support some 10:24:19
`
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` GREGORY DAVIS
` of my student programs, I believe they've 10:24:21
` provided some grant money in the past. 10:24:23
` Q And have you received any of that 10:24:26
` grant money or in-kind support since being 10:24:27
` retained for these IPR proceedings? 10:24:31
` A I believe we received, as a 10:24:40
` university, a donation of a Ford pickup truck 10:24:41
` to support some of our student programs. But 10:24:44
` that was more of a, you know, university 10:24:46
` involvement. 10:24:49
` Q Dr. Davis, can you estimate for me 10:24:57
` roughly how many hours you've spent on your 10:24:59
` work for IPR '884 and '904? 10:25:01
` A I've spent a lot of time working on 10:25:13
` some of these declarations. I'm not sure I 10:25:14
` could break it down into specific hours. 10:25:17
` Q Could you give me an estimate on the 10:25:20
` number of hours you've spent on all the 10:25:22
` declarations total? 10:25:25
` A Quite a few hours. I've been quite 10:25:30
` busy working on a number of things. 10:25:32
` Q More or less than 100 hours? 10:25:36
` A I'm sure it's more than 100 hours, 10:25:42
` but I don't know any specific details on that. 10:25:44
`
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` GREGORY DAVIS
` Q How do you keep track of your time 10:25:52
` when you're working on these matters? 10:25:54
` A I use applications to keep track of 10:25:55
` my time, to help log it. But I've been so busy 10:25:58
` on this I've fallen quite behind on any of my 10:26:01
` invoicing. 10:26:05
` Q So you can't tell me roughly how many 10:26:11
` hours you spent working on your declarations 10:26:12
` just in the '904 and '884 proceedings per 10:26:14
` declaration? 10:26:20
` A No, I can't. 10:26:20
` Q Did you teach any classes this 10:26:28
` semester? 10:26:30
` A Yes, I do. 10:26:31
` Q What classes? 10:26:32
` A I teach an advanced IC engines class 10:26:32
` and a course Introduction to Automotive 10:26:36
` Powertrains. 10:26:39
` Q Any others? 10:26:40
` A No. Those are the two courses I'm 10:26:40
` teaching. 10:26:43
` Q And am I correct that the 10:26:45
` Introduction to Automotive Powertrains course 10:26:47
` is the same course that -- let me ask that 10:26:50
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` GREGORY DAVIS
` again -- let me strike that. 10:26:53
` As part of the declaration you 10:26:54
` submitted, you relied on a textbook that you 10:26:56
` are one of the coauthors on, right? 10:27:00
` A That's right. 10:27:03
` Q Is this course, the Introduction to 10:27:03
` Automotive Powertrains that you're teaching 10:27:04
` this semester, is that the course for which you 10:27:06
` use this textbook? 10:27:09
` A Yes, one of the courses. 10:27:11
` Q So Dr. Davis, what did you do to 10:27:14
` prepare for your deposition today? 10:27:18
` A I read over my two reports. 10:27:20
` Q Anything else? 10:27:23
` A I looked a bit at some of the prior 10:27:24
` art in the patents. 10:27:26
` Q Anything else? 10:27:28
` A Not really. I think I discussed a 10:27:32
` little bit yesterday with some of the 10:27:33
` attorneys. 10:27:35
` Q Roughly how much time would you say 10:27:38
` you spent on those activities? 10:27:45
` A Gees, I don't know. About a day. 10:27:50
` Q Eight hours? 10:27:54
`
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` GREGORY DAVIS
` A Probably more than eight hours. I do 10:27:56
` work long days. 10:27:59
` Q I understand. 10:28:00
` Did you talk to Dr. Stein at all? 10:28:04
` A No, I did not. 10:28:06
` Q Did you talk to Dr. Stein at all 10:28:09
` during your preparation of the two 10:28:11
` declarations? 10:28:13
` A Honestly, I don't recall. Those 10:28:16
` were, you know, back in early June, I think, of 10:28:18
` last year. I don't recall. 10:28:21
` (Marked Deposition Exhibit 1; 10:28:57
` Declaration of Gregory Davis in 10:28:57
` Support of Inter Partes Review; Ford 10:28:57
` 1215, pages 1 - 200.) 10:28:57
`BY MR. GUARNIERI: 10:29:00
` Q So Dr. Davis, the court reporter has 10:29:01
` handed you a copy of what's been marked as 10:29:03
` Exhibit No. 1. This is Exhibit Ford 1215, from 10:29:05
` page 1 to 200. This is printed double-sided. 10:29:18
` So do you recognize this as the 10:29:29
` declaration that you submitted in IPR 10:29:30
` 2014-00884? 10:29:32
` A Yes. It appears to be a 10:29:59
`
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` GREGORY DAVIS
` black-and-white copy of that. 10:30:00
` Q And on the final page of that, that 10:30:02
` appears to be your signature, right? 10:30:05
` A Yes, it is. 10:30:07
` Q If you could turn with me to page 6, 10:30:18
` there's a list of exhibits from pages 6 to 8, 10:30:20
` right? 10:30:24
` A Correct. 10:30:25
` Q Now, does this list contain a list of 10:30:26
` all the materials that you relied on to form 10:30:29
` your opinions in this declaration? 10:30:33
` MR. ANGILERI: Objection, form. 10:30:42
` THE WITNESS: It appears to be a 10:30:57
` list of the documents that I considered. 10:30:58
` But of course I considered, you know, my 10:31:00
` own knowledge in the art as well. 10:31:03
`BY MR. GUARNIERI: 10:31:16
` Q Are there any other documents that 10:31:17
` you considered or relied on to form your 10:31:18
` opinions that are not listed on pages 6 to 8 of 10:31:21
` Exhibit 1? 10:31:24
` A Well, I've not spent the time to look 10:31:25
` at all three pages here. I don't believe so. 10:31:28
` Q And, Dr. Davis, sitting here today, 10:31:39
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` GREGORY DAVIS
` do you believe that this declaration contains 10:31:42
` all the bases for your opinions with respect to 10:31:44
` the prior art references analyzed here and the 10:31:49
` claims that you've compared them to? 10:31:55
` A I'm not sure I understand your 10:32:01
` question. 10:32:03
` Q Sure. So you've analyzed certain 10:32:04
` claims of the '347 patent in this declaration, 10:32:06
` correct? 10:32:10
` A Yes. 10:32:10
` Q And you compared those claims to 10:32:11
` certain prior art references, correct? 10:32:17
` A Correct. 10:32:19
` Q And so does this declaration contain 10:32:19
` a complete statement of all your opinions about 10:32:22
` those references compared to those claims and 10:32:25
` all the bases for your opinions? 10:32:27
` So, in other words, can the Board 10:32:30
` look to this declaration to figure out what all 10:32:32
` of your opinions are and all of the materials 10:32:35
` that you relied on to form those opinions? 10:32:37
` MR. ANGILERI: Objection form. 10:32:40
` Compound. 10:32:41
` THE WITNESS: I believe this is 10:32:45
`
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`Page 19
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` GREGORY DAVIS
` complete, at least as of the time I 10:32:45
` submitted it. 10:32:47
`BY MR. GUARNIERI: 10:32:47
` Q There's nothing missing from here 10:32:48
` that you left out? 10:32:50
` A I'm sure if there is, I'll find out 10:32:52
` today. 10:32:54
` Q Sitting here today, you're not aware 10:33:01
` of anything that's missing? 10:33:03
` A Not at this moment. I think it was 10:33:05
` complete at the time I submitted it. 10:33:07
` Q So why don't you flip with me to 10:33:14
` page 57. And on page 57 of Davis 1, do you see 10:33:17
` there's a header, "Challenged Claims of the 10:33:23
` '347 Patent and Proposed Claim Constructions"? 10:33:27
` A Yes, I do. 10:33:31
` Q And you remember earlier we discussed 10:33:33
` that you analyzed certain claims as part of 10:33:35
` this declaration, right? 10:33:38
` A Yes. 10:33:49
` Q So if you look at paragraph 172 -- 10:33:50
` strike that. 10:33:52
` Let's start at 171. It says you were 10:33:53
` asked to review Independent Claims 1 and 23, 10:33:55
`
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` GREGORY DAVIS
` right? 10:33:59
` A Yes, it says that. 10:34:00
` Q And on page 172, it says you were 10:34:01
` asked to review Dependent Claims 6, 7, 9, 15, 10:34:03
` and 21, which depend from Claim 1, correct? 10:34:06
` A Correct. It says that. 10:34:08
` Q And Dr. Davis, am I correct that you 10:34:12
` reviewed Claims 6, 9, and 15, but the rest of 10:34:14
` your declaration doesn't actually offer any 10:34:22
` opinions on Claims 6, 9, and 15? 10:34:24
` And if it helps, you can look at the 10:34:27
` table of contents to see which claims are 10:34:29
` listed there as the ones you analyzed. 10:34:32
` A Can you just repeat the question? 10:36:33
` Q Sure. In paragraph 172 of Exhibit 1, 10:36:35
` you say you reviewed Dependent Claims 6, 7, 9, 10:36:40
` 15, and 21; but it appears from the rest of 10:36:45
` your declaration that you haven't actually 10:36:49
` offered any opinions on Claims 6, 9, and 15; is 10:36:51
` that correct? 10:36:56
` A That is correct. 10:37:03
` Q On paragraph 173, it says: 10:37:03
` "I have further been asked to review 10:37:05
` Dependent Claim 36 which depends from 10:37:07
`
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` GREGORY DAVIS
` Claim 23." 10:37:07
` And similarly, you don't seem to have 10:37:08
` offered any opinions on Claim 36; is that 10:37:11
` correct? 10:37:16
` A That is correct. 10:37:17
` Q Why don't you turn to page 17 of 10:37:43
` Exhibit 1. 10:37:45
` And do you see the "Qualifications of 10:37:55
` One of Ordinary Skill in the Art" header, 10:37:57
` right? 10:38:00
` A Yes, I do. 10:38:01
` Q And so paragraph 41 is your 10:38:02
` description of what you believe a person of 10:38:07
` skill in the art would be, correct? 10:38:11
` A That is correct. 10:38:20
` Q And you applied this level of 10:38:20
` ordinary skill in the art in performing your 10:38:22
` analysis, correct? 10:38:24
` A Yes. I said that was one of ordinary 10:38:26
` skill in the art at that time, yes. 10:38:29
` Q Now, if the Board were to determine 10:38:37
` that the definition of one of ordinary skill in 10:38:40
` the art was less skilled than the definition 10:38:42
` you've offered here, would that change your 10:38:46
`
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`Page 22
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` GREGORY DAVIS
` opinions? 10:38:47
` A I don't know. I would have to see 10:38:48
` what their determination is. 10:38:50
` Q Well, for example, you have two 10:38:52
` definitions here: A graduate degree and at 10:38:54
` least some experience in design and control of 10:38:58
` combustion engines. And you have another 10:39:00
` definition that's a bachelor's degree and then 10:39:03
` five years of experience. Right? 10:39:06
` A Yes. 10:39:08
` Q What if the Board were to determine 10:39:14
` that no college degree whatsoever was required, 10:39:16
` and no experience was required, so essentially 10:39:18
` just someone with a high school diploma. 10:39:21
` Would that change your opinions? 10:39:23
` A Well, I would have to certainly go 10:39:24
` back and reevaluate everything, yes. 10:39:26
` Q What about a Bachelor's in 10:39:33
` Electrical, Mechanical or Automotive 10:39:36
` Engineering and at least five years of 10:39:38
` experience? If the number of years of 10:39:42
` experience went down, would that change your 10:39:44
` analysis? 10:39:46
` A Again, I would have to see what it is 10:39:46
`
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`Page 23
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` GREGORY DAVIS
` and evaluate it. 10:39:49
` Q So it could change your analysis? 10:39:50
` A I would certainly have to -- want to 10:39:53
` reevaluate, just think about it. 10:39:54
` Q So sitting here today, can you tell 10:40:00
` me if it was lower how that would change your 10:40:00
` analysis? 10:40:02
` A No. I would have to think about it. 10:40:03
` (Marked Deposition Exhibit 2; US 10:41:22
` Patent 7,104,347. Ford Exhibit 10:41:22
` 1201, pages 1 to 54.) 10:41:22
` MR. GUARNIERI: So Dr. Davis, the 10:41:23
` court reporter has handed you what I've 10:41:25
` marked, first, as Exhibit 2, which is 10:41:26
` U.S. Patent 7,104,347. This was Ford 10:41:29
` Exhibit 1201, pages 1 to 54. 10:41:37
` (Marked Deposition Exhibit 3; Hybrid 10:41:49
` Power Unit: Fiat Multipla Vehicle. 10:41:49
` Ford 1203, pages 1 to 8.) 10:41:49
` MR. GUARNIERI: And Exhibit 3 is 10:41:50
` Ford Exhibit 1203, pages 1 to 8, which 10:41:52
` is the article titled "Hybrid Power Unit 10:41:59
` Development for Fiat Multipla Vehicle." 10:42:00
`
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` GREGORY DAVIS
`BY MR. GUARNIERI: 10:42:12
` Q So looking at Exhibit 3, which is 10:42:12
` Ford 1203, do you recognize this document? 10:42:14
` A Yes. It appears to be the SAE paper 10:42:23
` by Caraceni. 10:42:27
` Q And so this is what you referred to 10:42:28
` in your declaration as "Caraceni"? 10:42:30
` A Yes, I believe so. 10:42:34
` Q So if we refer here today to 10:42:36
` Caraceni, you'll understand that we're 10:42:38
` referring to this E
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