UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
`
`_________________________
`
`
`
`
`
`Case IPR2015-00787
`Patent 7,237,634
`_________________________
`
`PATENT OWNER’S MOTION FOR OBSERVATIONS ON THE
`CROSS EXAMINATION OF DR. GREGORY DAVIS
`
`
`
`
`
`
`
`
`
`_________________________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
`
`_________________________
`
`
`
`
`
`Case IPR2015-00787
`Patent 7,237,634
`_________________________
`
`PATENT OWNER’S MOTION FOR OBSERVATIONS ON THE
`CROSS EXAMINATION OF DR. GREGORY DAVIS
`
`
`
`
`
`
`
`
`
`Case IPR2015-00787
`Patent 7,237,634
`
`EXHIBITS
`
`Exhibit Name
`Table of Ford’s IPR Petitions
`Gregory W. Davis, Deposition Tr. (IPR2014-00884,
`IPR2014-00904) (Feb. 25, 2015)
`The Oxford Essential Dictionary, American Ed.
`(1998) (excerpt)
`Appendix A (Jan. 15, 2014)
`Declaration of Daniel A. Tishman in Support of
`Patent Owners’ Motion for Pro Hac Vice Admission
`Declaration of Neil Hannemann
`Neil Hannemann CV
`Jeffery L. Stein, Deposition Tr. (IPR2014-00875)
`(Mar. 3, 2015)
`Gregory W. Davis, Deposition Tr. (IPR2015-00722,
`IPR2015-00784, IPR2015-00787, IPR2015-00790,
`IPR2015-00791, IPR2015-00794, IPR2015-00795)
`(January 13, 2016)
`Hybrid Power Unit Development for Fiat Multipla
`Vehicle,” by A. Caraceni, G. Cipolla, and R.
`Barbiero, SAE Publication 981124 (1998)
`(“Caraceni”)
`Ehsani et al., Modern Electric Hybrid Electric, and
`Fuel Cell Vehicles (2005)
`Gregory W. Davis, Deposition Tr. (IPR2014-00571,
`IPR2014-00579) (January 13, 2015)
`Ex. 1661 from IPR2015-00790
`Deposition Transcript of Dr. Gregory W. Davis
`Annotated Declaration of Neil Hannemann
`Annotated Declaration of Dr. Gregory W. Davis
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`
`
`Exhibit Number
`Ex. 2701
`Ex. 2702
`
`Ex. 2703
`Ex. 2704
`Ex. 2705
`Ex. 2706
`Ex. 2707
`Ex. 2708
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`Ex. 2709
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`Ex. 2710
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`Ex. 2711
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`Ex. 2712
`Ex. 2713
`Ex. 2714
`Ex. 2715
`Ex. 2716
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`Case IPR2015-00787
`Patent 7,237,634
`In exhibit 2714, on page 32, line 11-20 with respect to U.S. Patent No.
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`1.
`
`5,789,882 (“Ibaraki ’882), Dr. Davis testified that “in Figure 11 [of Ibaraki ’882]
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`the motor does provide all the torque requirements of the vehicle at very low
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`speed” and that the engine is not operating at the low vehicle speeds corresponding
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`to the “horizontal” or flat portion of boundary line B shown in Figure 11 because
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`“one of ordinary skill in the art would understand you can't operate the engine at
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`those very low vehicle speeds.” This testimony is relevant to paragraphs 4-14 of
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`Dr. Davis’s Reply Declaration (Ex. 1809). The testimony is relevant because it
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`contradicts Dr. Davis’s reply declaration testimony that that the flat portion of
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`boundary line B is related to mode switching between the motor drive mode and
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`engine drive mode in Ibaraki ’882.
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`2.
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`In exhibit 2714, on page 35, line 11-20, Dr. Davis again testified that
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`only the motor can operate at vehicle speeds corresponding to the flat portion of
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`boundary line B shown on Figure 11 of Ibaraki ’882 and confirmed his opinion by
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`highlighting the speed region where only the motor can operate on Figure 11
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`reproduced at pg. 48 of exhibit 2715. This testimony is relevant to paragraphs 4-
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`14 of Dr. Davis’s Reply Declaration (Ex. 1809). The testimony is relevant because
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`it contradicts Dr. Davis’s reply declaration testimony that that the flat portion of
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`boundary line B is related to mode switching between the motor drive mode and
`
`engine drive mode in Ibaraki ’882.
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`1
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`Case IPR2015-00787
`Patent 7,237,634
`In exhibit 2714, on page 51, line 24 to page 52, line 3, Dr. Davis
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`3.
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`agreed that the second embodiment of Ibaraki ’882 discloses a plurality of forward
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`drive positions each having different speed ratios. This testimony is relevant to
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`page 45, line 3-15 of the same exhibit. The testimony is relevant because it
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`contradicts Dr. Davis’s earlier testimony that Ibaraki ’882 does not provide a
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`separate data map (as shown in Figure 11) for each speed (or gear) ratio even
`
`though Dr. Davis agreed that Ibaraki ’882 provides a separate data map for each
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`drive position.
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`4.
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`In exhibit 2714, on page 62, line 2-8, Dr. Davis acknowledged that
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`Ibaraki ’882 never identifies boundary line C of Figure 11 as the upper bound of
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`engine MTO in any gear. This testimony is relevant to paragraphs 32-34 of Dr.
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`Davis’s Reply Declaration (Ex. 1809). The testimony is relevant because it calls
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`into question Dr. Davis’s opinion that boundary line C of Figure 11 as the upper
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`bound of engine MTO in any gear.
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`5.
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`In exhibit 2714, on page 39, line 10-21, Dr. Davis testified that in his
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`opinion boundary line C of Figure 11 is the engine’s maximum torque output
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`modified by the gears of the transmission. This testimony is relevant to paragraph
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`34 of Dr. Davis’s Reply Declaration (Ex. 1809). The testimony is relevant because
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`it calls into question Dr. Davis’s opinion that boundary line C of Figure 11 is at or
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`below the engine’s MTO.
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`2
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`Case IPR2015-00787
`Patent 7,237,634
`In exhibit 2714, on page 63, line 10-23 and page 70, line 3-7, Dr.
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`6.
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`Davis testified that it was his opinion that the curve labeled “Ideal Tractive Force
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`Hyperbola” of the Bosch Handbook corresponds to boundary line C of Figure 11
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`of Ibaraki ’882 and that a separate curve (labeled “Direct Drive”) represents the
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`engine’s MTO that is not multiplied by a particular gear ratio. This testimony is
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`relevant to paragraph 34 of Dr. Davis’s Reply Declaration (Ex. 1809). The
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`testimony is relevant because it calls into question Dr. Davis’s opinion that
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`boundary line C of Figure 11 is at or below the engine’s MTO.
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`7.
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`In exhibit 2714, on page 64, line 19-24 and page 69, line 11 to page
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`70, line 7, Dr. Davis identified the “Ideal Tractive Force Hyperbola” of the Bosch
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`Handbook in blue and the curve labeled “Direct Drive” representing the engine’s
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`MTO (not multiplied by a particular gear ratio) in pink at page 20 of Ex. 2716.
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`This testimony is relevant to paragraph 34 of Dr. Davis’s Reply Declaration (Ex.
`
`1809). The testimony is relevant because it calls into question Dr. Davis’s opinion
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`that boundary line C of Figure 11 is at or below the engine’s MTO.
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`8.
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`In exhibit 2714, on page 81, line 7-25, Dr. Davis testified that it was
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`his opinion that Ibaraki ’882’s Figure 5 and Figure 11 disclose alternative
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`embodiments for making mode selection decisions. This testimony is relevant to
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`page 47, line 1-16; page 52, line 18 to page 53, line 2; page 55, line 20 to page 56,
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`line 6; and page 56, line 23 to page 57, line 3 of Dr. Davis’s previous deposition
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`3
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`Case IPR2015-00787
`Patent 7,237,634
`taken on January 13, 2016 (Ex. 2709) where he testified that Figure 5 and Figure
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`11 are not alternative control strategies but that Ibaraki ’882 uses Figure 5 to
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`generate Figure 11. The testimony is relevant because it calls into question Dr.
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`Davis’s credibility concerning his opinions with respect to Ibaraki ’882’s use of
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`Figure 5.
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`
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`By: /Brian J. Livedalen/
`
`Timothy W. Riffe (Reg. No. 43,881)
`Kevin Greene, (Reg. No. 46,031)
`Brian J. Livedalen (Reg. No. 67,450)
`FISH & RICHARDSON P.C.
`P.O. Box 1022
`Minneapolis, MN 55440-1022
`Tel: (202) 626-6447
`Fax: (202) 783-2331
`
`Attorneys for Patent Owner
`Paice LLC & Abell Foundation, Inc.
`
`
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`Dated: May 20, 2016
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`4
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`CERTIFICATE OF SERVICE
`
`Case IPR2015-00787
`Patent 7,237,634
`
`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on May 20,
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`2016, a complete and entire copy of this Patent Owner’s Motion for Observations
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`was provided via email to the Petitioner by serving the correspondence email
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`address of record as follows:
`
`Frank A. Angileri
`John E. Nemazi
`John P. Rondini
`Erin K. Bowles
`Andrew B. Turner
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`
`Lissi Mojica
`Kevin Greenleaf
`Dentons US LLP
`1530 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1125
`
`Email: FPGP0104IPR5@brookskushman.com
`Email: ipt.docketchi@dentons.con
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`5
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(202) 626-6420
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