In The Matter Of:
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`Ford Motor Company vs.
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`Paice, LLC, et al.
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`Neil Hannemann
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`April 2 7, 2016
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`IENENSTOCK
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`NATIONWIDE COURT REPORTING & VIDEO
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`www.bienenstock.com
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`Original File HANNI-I1llANN_NEIL. txt
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`FORD 1461
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`FORD 1461
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`

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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 1
` 1 UNITED STATES PATENT AND TRADEMARK OFFICE
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` 2 BEFORE THE PATENT TRIAL AND APPEAL BOARD
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` 3 U.S. Patent No. 7,237,634
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` 4 U.S. Patent No. 7,104,347 to Severinsky, et al.
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` 5 - - - - - - - - - - - - x
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` 6 FORD MOTOR COMPANY, :
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` 7 Petitioner, : IPR2015-00790, 2015-00791,
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` 8 v. : 2015-00784, 2015-00722,
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` 9 PAICE LLC & ABELL : 2015-00787, 2015-00794
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`10 FOUNDATION, INC. : 2015-00795
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`11 Patent Owners. :
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`12 - - - - - - - - - - - - X
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`13
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`14 Deposition of NEIL HANNEMANN
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`15 Washington, DC
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`16 Wednesday, April 27, 2016
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`17 10:17 a.m.
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`25 Reported by: Debra A. Whitehead
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`Page 2
` 1 Deposition of NEIL HANNEMANN, held at the offices
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` 2 of:
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` 4 FISH & RICHARDSON, PC
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` 5 1425 K Street, NW
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` 6 11th Floor
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` 7 Washington, DC 20005
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` 8 (202) 783-5070
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`10
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`11
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`12 Pursuant to notice, before Debra A. Whitehead, an
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`13 Approved Reporter of the United States District Court
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`14 and Notary Public of the District of Columbia.
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`Neil Hannemann
`April 27, 2016
`Page 3
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` 1 A P P E A R A N C E S
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` 2 ON BEHALF OF PETITIONER:
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` 3 ANDREW B. TURNER, ESQUIRE
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` 4 JOHN P. RONDINI, ESQUIRE
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` 5 BROOKS KUSHMAN P.C.
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` 6 1000 Town Center
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` 7 22nd Floor
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` 8 Southfield, Michigan 48075
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` 9 (248) 358-4400
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`10
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`11 ON BEHALF OF PATENT OWNER:
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`12 BRIAN J. LIVEDALEN, ESQUIRE
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`13 FISH & RICHARDSON
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`14 1425 K Street, NW
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`15 11th Floor
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`16 Washington, D.C. 20005
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`17 (202) 783-5070
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`Page 4
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` 1 C O N T E N T S
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` 2 EXAMINATION OF NEIL HANNEMANN PAGE
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` 3 By Mr. Turner 6
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` 4 By Mr. Rondini 59
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` 5 By Mr. Livedalen 104
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` 6 By Mr. Rondini 108
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` 7
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` 8 E X H I B I T S
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` 9 (Attached to the Transcript)
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`10 DEPOSITION EXHIBIT PAGE
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`11 Exhibit 1 Declaration of Neil Hannemann in 8
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`12 Support of the Patent Owner's
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`13 Response
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`14 Exhibit 2 U.S. Patent No. 7,104,347 8
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`15 Exhibit 3 U.S. Patent No. 4,335,429 8
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`16 Exhibit 4 Declaration of Neil Hannemann in 59
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`17 Support of the Patent Owners
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`18 Response
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`19 Exhibit 5 U.S. Patent No. 5,789,882 59
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`20 Exhibit 6 U.S. Patent No. 7,237,634 59
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`21 Exhibit 7 Declaration of Neil Hannemann in 75
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`22 Support of the Patent Owner's
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`23 Response
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`25
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`(1) Pages 1 - 4
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`FORD 1461
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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 5
` 1 E X H I B I T S C O N T I N U E D
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` 2 DEPOSITION EXHIBIT PAGE
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` 3 Exhibit 8 Modern Electric, Hybrid Electric, 79
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` 4 And Fuel Cell Vehicles, Excerpt,
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` 5 By Ehsani, et al.
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` 6 Exhibit 9 Modern Electric, Hybrid Electric, 84
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` 7 And Fuel Cell Vehicles, Chapter 2,
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` 8 By Ehsani, et al.
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` 9 Exhibit 10 Figure 2.13 84
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`Neil Hannemann
`April 27, 2016
`Page 7
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` 1 this current deposition for all of the IPR matters?
` 2 MR. TURNER: So I plan on just starting
` 3 with one of them.
` 4 MR. LIVEDALEN: Can you just read them.
` 5 MR. RONDINI: We were going to break it
` 6 up. I don't know how you want to do that, you know,
` 7 typically you don't have two attorneys for
` 8 depositions. So we can make it one continuous
` 9 transcript, or we can try to break it up by matter.
`10 I mean, there is so much overlapping matter with
`11 these seven, I don't know what your thoughts are on
`12 how you want to handle it.
`13 MR. LIVEDALEN: For your questions do you
`14 have these limited to all I think seven IPRs.
`15 MR. TURNER: I plan or focusing just on
`16 one proceeding.
`17 MR. LIVEDALEN: Do you want to do that one
`18 for the first and then the others?
`19 MR. RONDINI: Sure.
`20 MR. LIVEDALEN: Which one is that?
`21 MR. TURNER: This is the '795.
`22 MR. LIVEDALEN: Okay.
`23 BY MR. TURNER:
`24 Q. So, Mr. Hannemann, the court reporter has
`25 marked as Exhibit 1 through Exhibit 3 documents I
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`Page 6
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`Page 8
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` 1 P R O C E E D I N G S
` 2 NEIL HANNEMANN,
` 3 having been duly sworn, testified as follows:
` 4 EXAMINATION BY COUNSEL FOR PETITIONER
` 5 BY MR. TURNER:
` 6 Q. And can you state your name, for the
` 7 record, please.
` 8 A. Neil Hannemann.
` 9 Q. And you're familiar with the rules for
`10 depositions?
`11 A. Yes, I am.
`12 Q. Just briefly, the reporter can't record
`13 gestures, hand nods. So when we ask a question, I
`14 ask that you answer with words.
`15 If you don't understand a question, please
`16 let me know. If you need to take a break, let me
`17 know and we can break.
`18 And I guess with that, are you feeling
`19 well today?
`20 A. I've got a lingering cough, a cold. So I
`21 might cough occasionally. And it's not great on my
`22 voice, so the court reporter may struggle. I'm
`23 quiet anyway, so it may be tough. But I feel fine.
`24 Q. Okay.
`25 MR. LIVEDALEN: And, for the record, is
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` 1 expect we will discuss today. So I'll give you
` 2 these.
` 3 (Deposition Exhibit 1, Exhibit 2 and
` 4 Exhibit 3 marked for identification and are attached
` 5 to the transcript.)
` 6 Q. Mr. Hannemann, what is Exhibit 1?
` 7 A. This is my declaration in the -- this
` 8 matter, Case IPR 2015-00795.
` 9 Q. And do you remember which patent this
`10 concerns?
`11 A. Yeah. This is Patent 7,104,347.
`12 Q. Thank you. And how about Exhibit 2; do
`13 you recognize Exhibit 2?
`14 A. Exhibit 2 is the '347 patent.
`15 Q. So that's the patent at issue for this
`16 declaration?
`17 A. Yes.
`18 Q. And we sometimes refer to this patent as
`19 the '347 patent.
`20 A. Yes.
`21 Q. What is Exhibit 3?
`22 A. Exhibit 3 is another patent by Kawakatsu,
`23 4,335,429.
`24 Q. And this is a prior art patent that's, I
`25 believe you discuss in your declaration?
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`FORD 1461
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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 9
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`Neil Hannemann
`April 27, 2016
`Page 11
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` 1 A. Yes.
` 2 Q. And sometimes we refer to this patent as
` 3 Kawakatsu, the first name of the inventor?
` 4 A. Yes.
` 5 Q. All right. So what did you do to prepare
` 6 for this deposition?
` 7 MR. LIVEDALEN: I just want to instruct
` 8 the witness not to disclose any communications
` 9 between he and counsel.
`10 A. So I was here yesterday, I met with
`11 Mr. Livedalen. We discussed the declarations, went
`12 through the other materials, prior art. Dr. Davis I
`13 think was the only one that had written declarations
`14 on this one, these matters. And to just look
`15 through those materials.
`16 Q. So you reviewed Dr. Davis' declarations in
`17 these IPRs, also?
`18 A. Just referred. I would say, yes, sir, I
`19 referred to them. I saw them months ago.
`20 Q. Okay.
`21 A. Read them then. And I referred to them
`22 yesterday just for certain items.
`23 Q. Okay. Do you remember when you started
`24 preparing this declaration?
`25 A. Not right offhand, no, I don't.
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` 1 Q. Okay. So if you could flip to the last
` 2 page. So this is, the signature on the last page.
` 3 Do you recognize this signature?
` 4 A. Yes.
` 5 Q. Excellent. This is your signature?
` 6 A. Yes, it is.
` 7 Q. So your declaration was executed on
` 8 January 26 of this year. So you don't remember
` 9 exactly when you started preparing this declaration?
`10 A. No. I think on my -- I think I have a
`11 folder in my computer that's labeled 12/15 of when I
`12 received materials.
`13 Q. Okay.
`14 A. If that's -- if that's what it was that I
`15 received the materials. And that would have been
`16 when I started working on it.
`17 Q. So probably December, right around the
`18 holidays?
`19 A. Sounds like it, right.
`20 Q. Nice project for the holidays. Okay.
`21 Mr. Hannemann, can you tell, me what is a
`22 neighborhood electric vehicle?
`23 A. It's a classification of vehicle.
`24 Basically the distinctions are it's not allowed to
`25 go on streets and have a speed limit of over 35
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` 1 miles an hour.
` 2 Q. Okay.
` 3 A. And I believe that the vehicle itself is
` 4 limited to 25 miles an hour. And it's typically,
` 5 you know, been golf carts, is what it has been, and
` 6 golf carts in retirement communities.
` 7 Q. So it's limited to the neighborhood.
` 8 A. Yeah.
` 9 Q. Low-speed applications. All right.
`10 And how about a zero-emissions vehicle;
`11 are you familiar with that term?
`12 A. Well, that's a term applied generally to
`13 electric vehicles.
`14 Q. Okay. All electric vehicles, not limited
`15 by certain speeds, certain locations?
`16 A. I think you could probably put that tag on
`17 any electric vehicle.
`18 Q. Okay. Now, if you could, turn to
`19 Paragraph 99 of your declaration, please. And,
`20 again, your declaration is Exhibit 1.
`21 A. All right.
`22 Q. So this section I believe you are
`23 analyzing the Vittone reference. But could you read
`24 Paragraph 99 into the record, please?
`25 A. Sure. "By contrast, road load can be
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`Page 10
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`Page 12
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` 1 different according to the operating conditions.
` 2 For example, the road load corresponding to a 30
` 3 percent pedal position value for a vehicle going 5
` 4 miles per hour is much different than a 30 percent
` 5 pedal position for a vehicle traveling 50 miles per
` 6 hour. This is because factors such as rolling
` 7 resistance and wind resistance affect the road load,
` 8 but are not indicated by pedal position."
` 9 Q. Okay. Can you explain the last sentence
`10 in a little more detail.
`11 So these factors, rolling resistance and
`12 wind resistance, these affect road load. How do
`13 these affect road load?
`14 A. Well, the -- they're, if you have a higher
`15 wind resistance, then the vehicle is going to have a
`16 higher road load that it's experiencing. And
`17 likely -- and also rolling resistance, that can
`18 change with different road surfaces.
`19 And then, you know, you could also put
`20 grade resistance in here, which is a little easier
`21 for most people to understand, that going up a hill
`22 takes more load than going on level ground.
`23 Q. And these factors, these are affected by
`24 the speed of the vehicle. Is that correct?
`25 MR. LIVEDALEN: Objection. Vague,
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`FORD 1461
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`

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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 13
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`Neil Hannemann
`April 27, 2016
`Page 15
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` 1 compound.
` 2 A. Wind resistance is definitely affected by
` 3 the speed. Wind resistance goes up with speed. And
` 4 rolling resistance can, but not by a same amount.
` 5 Q. So would you agree, based on this example,
` 6 that road load is -- sorry. Strike that.
` 7 So with respect to this example, do you
` 8 agree that road load is at least partially dependent
` 9 on vehicle speed?
`10 MR. LIVEDALEN: Objection. Vague.
`11 A. Yes, it is. It's affected by vehicle
`12 speed.
`13 Q. So road load is affected by vehicle speed.
`14 MR. LIVEDALEN: Objection. Asked and
`15 answered.
`16 A. That's one factor. And in this example
`17 also what's -- what I should point out is that the
`18 30 percent pedal value going 5 miles an hour, it's
`19 likely that the vehicle will be accelerated. So
`20 acceleration or deceleration are other factors that
`21 the vehicle can experience that aren't affected by
`22 road load.
`23 Q. You said the "acceleration or deceleration
`24 are other factors that the vehicle can experience
`25 that aren't affected by road load."
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` 1 Is that correct?
` 2 A. Correct.
` 3 Q. Okay. Please look at Exhibit 2. And
` 4 specifically please look at Claim 16 of the '347
` 5 patent.
` 6 Can you read Claim 16, for the record,
` 7 please.
` 8 A. "Vehicle of Claim 1 wherein the total
` 9 torque available at the road wheels from said
`10 internal combustion engine is no greater than the
`11 total torque available from said first and second
`12 electric motors combined."
`13 Q. Do you remember analyzing this claim for
`14 your declaration?
`15 A. Not particularly. If I did, maybe you
`16 could point me to somewhere where I did that.
`17 Q. Let's see. So you analyzed this claim in
`18 Paragraphs -- starting at Paragraph 83.
`19 All right. So Claim 16, can you I guess
`20 explain in your own words the limitations of Claim
`21 16?
`22 MR. LIVEDALEN: Is there a -- is that a
`23 question? Are you asking him to interpret what the
`24 claim means?
`25 MR. TURNER: Strike that.
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` 1 Q. Mr. Hannemann, do you remember where in
` 2 the '347 patent they explain this limitation, the
` 3 disclosure related to this limitation?
` 4 A. Not right offhand I don't.
` 5 Q. Please turn to Column 31, Line 39. This
` 6 is Exhibit 2, the '347 patent.
` 7 A. Right.
` 8 Q. Okay. Can you read into the record
` 9 starting at Line 39.
`10 A. And where would you like me to end that?
`11 Q. Let's see. How about Line 51, please.
`12 A. Okay. "Engine 40: 40 to 50 horsepower at
`13 6,000 RPM, starting motor of 21: 10-15 horsepower
`14 at approximately 1500 RPM and higher speeds.
`15 Traction motor 25: 50-75 horsepower, from 1500 to
`16 6,000 RPM. The same starting motor would be
`17 satisfactory for a larger 4,000-pound sedan, but the
`18 engine would typically provide 70-90 horsepower at
`19 6,000 RPM and the traction motor 75-100 horsepower.
`20 In both cases the total power available from the
`21 electric motors together should equal and preferably
`22 exceeds the maximum power available from the
`23 engine."
`24 Q. So that last excerpt describes that the --
`25 or the total power available from the electric
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`Page 14
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`Page 16
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` 1 motors. So it's referring to total power, the claim
` 2 is total torque.
` 3 Do you see a difference as far as those
` 4 two sections of the patent?
` 5 MR. LIVEDALEN: Objection. Compound,
` 6 vague.
` 7 A. Well, yeah, there is a difference. One's
` 8 specifically talking horsepower; the other one is
` 9 talking torque.
`10 Q. All right. Can you look at Figure 10,
`11 please.
`12 So Figure 10 is on Sheet 5 of the '347
`13 patent. It's a little out of order.
`14 A. Oh, okay. I was going to say, it's not
`15 where I thought it was.
`16 Q. It's on the same sheet as Fig. 6.
`17 A. Okay. Got it.
`18 Q. All right. So, Mr. Hannemann, can you
`19 explain what is shown in Figure 10?
`20 A. Well, in the brief description of the
`21 drawings in the patent, it's stated that Figure 10
`22 illustrates the preferred torque versus speed
`23 characteristics of the electric starting and
`24 traction motors, and of the internal combustion
`25 engine.
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`FORD 1461
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`

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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 17
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`Neil Hannemann
`April 27, 2016
`Page 19
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` 1 Q. Okay. And where are you reading?
` 2 A. I'm reading from Column 22, starting at
` 3 Line 50.
` 4 Q. So Figure 10, this is the torque versus
` 5 speed characteristics of the electric starting
` 6 motor, the traction motor, and the internal
` 7 combustion engine?
` 8 A. Yes.
` 9 Q. So can you identify which curve is which,
`10 where on here do we see the torque versus speed
`11 characteristics of the motors?
`12 MR. LIVEDALEN: Objection. Compound.
`13 Q. I can rephrase.
`14 Mr. Hannemann, can you identify the torque
`15 versus speed curve of the electric motors on Figure
`16 10?
`17 A. I have to look through the patent to --
`18 because they've got various curves labeled with
`19 letters. So if you'll bear with me while I try to
`20 find that reference.
`21 Q. Okay. I think it starts on the bottom of
`22 Column 31, if that helps. So that's right over near
`23 where we were a few minutes ago.
`24 A. Okay. So here it says the -- both the
`25 starting and traction motors have torque output
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` 1 So would the top curve be, the top D, is
` 2 that first gear or fourth gear?
` 3 A. Typically that would be first gear, and
` 4 the patent mentions that the transmission is used to
` 5 provide additional torque at low speeds. I don't
` 6 think it specifies the ratios, but the first one
` 7 would likely be first gear.
` 8 Q. Could you label that first D as first gear
` 9 on yours.
`10 A. Okay.
`11 Q. There you go.
`12 A. (Witness complies with request.)
`13 Q. And then the last D, you said that would
`14 be fourth gear. Is that correct?
`15 A. Typically I would expect that to be fourth
`16 gear.
`17 Q. Okay. Would you label that fourth gear,
`18 also, please.
`19 A. (Witness complies with request.)
`20 Q. Now, does the architecture in this patent,
`21 does it describe a four-speed transmission?
`22 A. I really don't know, other than the
`23 section where we were just at.
`24 Q. So would you say this disclosure
`25 contemplates a transmission?
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`Page 18
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`Page 20
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` 1 characteristics varying as a function of RPM as
` 2 illustrated by Curve A. So Curve A would be the
` 3 electric motors.
` 4 Q. Okay. So Curve A represents both motors
` 5 combined, the output torque and speed
` 6 characteristics of both motors combined.
` 7 Is that your understanding?
` 8 A. It appears to be what the text indicates.
` 9 Q. Okay. Now, can you identify the engine,
`10 the curve that represents the engine output torque
`11 on this curve, on Figure 10?
`12 A. Let's see. It's on Column 32, starting at
`13 Line 20. It states, "Figure 10 also shows the
`14 torque curve of a typical internal combustion engine
`15 at B."
`16 So it's the curve labeled B.
`17 Q. Okay. And do you know what these curves
`18 labeled D represent?
`19 A. It states, "Figure 10 shows at D typical
`20 curves for torque as measured at the wheels of a
`21 vehicle propelled by a typical internal combustion
`22 engine driving the vehicle through a four-speed
`23 transmission."
`24 Q. Okay. So four-speed transmission, there's
`25 four curves labeled D.
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` 1 MR. LIVEDALEN: Objection. Vague. Calls
` 2 for speculation.
` 3 A. Yeah, I guess I don't know what I would
` 4 call it. But other than what -- what we just went
` 5 over, I -- there may be other discussion. I'm just
` 6 not sure.
` 7 Q. So if you could look at the -- so Column
` 8 32, Line 30, please. So if you could, just
` 9 directing you to that section, just take a look.
`10 There's some discussion of the transmission there, I
`11 think.
`12 How about Line 36. If you could start
`13 reading there.
`14 A. They have an example of a two-speed
`15 transmission there.
`16 Q. So if we look back at Figure 10, if we had
`17 a two-speed transmission, how would that change the
`18 engine output torque, if we had a transmission?
`19 MR. LIVEDALEN: Objection. Incomplete
`20 hypothetical.
`21 A. Well, it wouldn't change the engine output
`22 torque. It might change the torque available at the
`23 rear wheels.
`24 Q. Now, is that what's shown by the D curves,
`25 the curves labeled D? That's the engine output
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`FORD 1461
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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Page 21
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`Neil Hannemann
`April 27, 2016
`Page 23
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` 1 torque measured at the wheels or downstream of the
` 2 transmission at different gears?
` 3 A. It's whatever I said before. I'm trying
` 4 to find the quote again. He describes it as torque
` 5 as measured at the wheels of a vehicle.
` 6 Q. So the curves labeled D would be the
` 7 engine output torque as modified by the transmission
` 8 and measured at the wheels. Is that correct?
` 9 A. That's typically what I would expect, yes.
`10 Q. And, now, the units on the -- so this is,
`11 on our Y axis in Figure 10, this is torque. And the
`12 X axis is RPM. So that would be RPM at the wheels,
`13 is that ...
`14 A. Well, it's not clear, I suppose.
`15 Q. But you think that's a reasonable
`16 assumption, that that RPM represents the speed at
`17 the wheels?
`18 MR. LIVEDALEN: Objection. Vague. Calls
`19 for speculation.
`20 A. Yeah, the way this graph is drawn, I think
`21 that's a reasonable assumption.
`22 Q. So the engine output torque that's
`23 measured here, Line B, that would be the engine
`24 output torque as measured at the wheels.
`25 So if this is a direct -- direct-drive
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` 1 configuration without a transmission, that's the
` 2 engine output torque at the wheels.
` 3 Is that a reasonable assumption?
` 4 MR. LIVEDALEN: Objection. Compound.
` 5 A. That's how it's described in the patent,
` 6 yes.
` 7 Q. So the patent describes Curve B as the
` 8 engine output torque as measured at the wheels.
` 9 A. Sorry, can you repeat that again?
`10 Q. So the patent describes Curve B as the
`11 engine output torque as measured at the wheels?
`12 A. The patent is not specific about the
`13 measurement. It just described it as the torque
`14 curve of a typical internal combustion engine.
`15 Q. But if Curve D, if the D curves are
`16 measured at the wheels, is that reasonable to assume
`17 that Curve B is also measured at the wheels?
`18 A. I think it's possible, but it's not
`19 required, I don't believe.
`20 Q. So back to Claim 16. The claim included
`21 the limitation "wherein the total torque available
`22 at the road wheels from internal combustion engine
`23 is no greater than the total torque available from
`24 said first and second electric motors combined."
`25 So that's -- do you agree that's shown in
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` 1 this Figure 10 by the max torque of the electric
` 2 motors being greater than Curve B?
` 3 MR. LIVEDALEN: Objection. Vague.
` 4 A. I wouldn't say that it's -- that Claim
` 5 16 -- there is some information on Figure 10 that
` 6 relates to it, but I don't think it's describing it.
` 7 Q. Do you agree that Figure 10 shows --
` 8 illustrates that the total torque from the electric
` 9 motors is greater than the max torque from the
`10 engine?
`11 MR. LIVEDALEN: Objection. Vague.
`12 A. If you're looking at the peak torque,
`13 then, yes, I would agree with that statement.
`14 Q. And by the peak torque, can you identify
`15 the peak torque on this figure?
`16 A. Well, just the way it's drawn, the
`17 cross-hatched area is the -- as we said, the
`18 combination of the two electric motors. And it has
`19 a -- shows a torque value -- or a component of
`20 torque, although the axis is not labeled. And then
`21 the engine also shows a curve. And if you assume
`22 that they're on the same axis, then the peak
`23 torque -- you could pick a point on Curve B that has
`24 a peak.
`25 Q. By peak, it's the highest point on the
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` 1 curve, the highest torque value on the curve?
` 2 A. Correct.
` 3 Q. All right. Please look at Figure 2 of the
` 4 same exhibit, the '347 patent.
` 5 A. Got it.
` 6 Q. Can you explain what Figure 2 is?
` 7 A. Figure 2 is a fuel consumption map.
` 8 Q. Now, Point H on Figure 2 is within a
` 9 elliptical or circular shape labeled 100 percent.
`10 Can you describe this area of the figure?
`11 MR. LIVEDALEN: Objection. Vague.
`12 A. Well, I think you just described it pretty
`13 well.
`14 Q. Can you elaborate? Anything you'd like to
`15 add?
`16 MR. LIVEDALEN: Same objection.
`17 Q. Mr. Hannemann, what is the elliptical
`18 circle with the H?
`19 A. Well, I was looking for the description in
`20 the patent, just to be accurate. But it's what --
`21 what he's showing here is the -- he's showing
`22 percentage of relative fuel consumption.
`23 So if you have a given fuel consumption in
`24 gallons per horsepower hour, the area within --
`25 actually, the area along the line that describes
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`Paice, LLC, et al.
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` 1 that ellipse would be 100 percent of that value.
` 2 Q. So is that region the most efficient or
` 3 the least efficient fuel consumption?
` 4 A. That would be the most efficient, and it's
` 5 the least amount of fuel consumed.
` 6 Q. Okay. And, now, this Figure 2 also
` 7 includes a line labeled Maximum Engine Power.
` 8 Do you see that line?
` 9 A. Yes, I do.
`10 Q. Can you explain how the maximum engine
`11 power curve relates to the engine output curve in
`12 Figure 10?
`13 MR. LIVEDALEN: Objection. Vague.
`14 A. Well, without going through the patent,
`15 I'm not sure if the curves relate to each other at
`16 all. One is describing -- comparing electric and
`17 gasoline engines with and without transmissions, and
`18 one is a fuel efficiency map.
`19 Q. And the Y axis is different. So we have
`20 torque and power.
`21 A. Yeah. They're completely different
`22 graphs. I'm not even sure they're describing the
`23 same engine.
`24 Q. Okay.
`25 Can you take a look at Figure 6, which is
`
` 1 also on Sheet 5.
` 2 A. Got it.
` 3 Q. What is Figure 6?
` 4 A. Well, I would call it -- let's see what
` 5 Mr. Severinsky called it first. According to
` 6 Severinsky, it's "a diagram illustrating different
` 7 modes of vehicle power train operation plotted on a
` 8 three-dimensional chart, illustrating that the mode
` 9 of vehicle operation is a function of the state of
`10 charge of the battery bank, the instantaneous road
`11 load, and time."
`12 Q. And where are you reading?
`13 A. I was reading from Column 22, Line 22
`14 through 27.
`15 Q. So Figure 6 illustrates the different
`16 modes. Okay?
`17 A. Right.
`18 Q. So the region marked with a Roman numeral
`19 I, I believe that's labeled as City Driving on
`20 Figure 6.
`21 What is city driving, Mode I?
`22 A. I can give you my own definition, but I'm
`23 going to look at how Severinsky described it, just
`24 to be consistent.
`25 Q. Okay. I think Figure 6 is described
`
` 1 starting at the bottom of Column 36.
` 2 A. Thanks. It would have taken me a wheel to
` 3 get there.
` 4 Q. It's a lengthy patent.
` 5 And Mode I, I think it is described at
` 6 Column 37, starting at Line 27.
` 7 A. Well, it says here, "More specifically,
` 8 Figure 6 shows that during city driving, Mode I,
` 9 defined in this example as driving where the
`10 vehicle's instantaneous torque requirements, or road
`11 load, is up to 30 percent of the engine's maximum
`12 torque."
`13 So that's his definition for this example.
`14 Q. Okay. So in Figure 6 -- so does it
`15 describe what is being used to propel the vehicle?
`16 A. Yes. It goes on to say the vehicle is
`17 operated as a straight electric car.
`18 Q. So the vehicle is being propelled by the
`19 electric motors, one or more of the electric motors?
`20 MR. LIVEDALEN: Objection. Compound.
`21 A. Yeah, I would agree one or more. He's got
`22 two motors in his patent.
`23 Q. And in Figure 6 we have the example of 30
`24 percent of, I believe that's a max torque, MTO. So
`25 Mode I is up to 30 percent MTO in this example.
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`Page 28
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` 1 Is that correct?
` 2 A. Yes.
` 3 Q. So how about Mode IV; can you describe
` 4 Mode IV?
` 5 MR. LIVEDALEN: Objection. Vague.
` 6 A. Severinsky has that described as highway
` 7 cruising.
` 8 Q. Okay. So this is described in Column 37,
` 9 starting at Line 45. Can you read those first few
`10 sentences for me?
`11 A. Yes. "During highway cruising, Region 4,
`12 where the road load is between about 30 percent and
`13 100 percent of the engine's maximum torque output,
`14 the engine alone is used to propel the vehicle."
`15 Q. Okay. And that's shown in Figure 6?
`16 A. Yes.
`17 Q. And by Region 4?
`18 A. Yes.
`19 Q. So in this example the engine is operated
`20 between 30 percent and 100 percent of the max torque
`21 output?
`22 A. He says about 30 percent and 100 percent.
`23 Q. Okay. So next we have Region 5, which is
`24 labeled as the acceleration passing mode in Figure
`25 6.
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`Ford Motor Company vs.
`Paice, LLC, et al.
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`Neil Hannemann
`April 27, 2016
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` 1 Can you explain Region 5 as described by
` 2 the '347 patent?
` 3 A. He describes it as acceleration or
` 4 passing. That's when the operator calls for
` 5 additional power.
` 6 Q. Additional power over what?
` 7 A. It's when the microprocessor detects that
` 8 the road load exceeds 100 percent of the engine's
` 9 maximum torque output.
`10 Q. And where are you reading?
`11 A. I read from Column -- not read, but I was
`12 paraphrasing Column 38, starting at Line 4.
`13 Q. Can you continue?
`14 A. I'll just start again at Line 4.
`15 "If the operator then calls for additional
`16 power, e.g., for acceleration or passing, Region 5
`17 is entered; that is, when the microprocessor detects
`18 that the road load exceeds 100 percent of the
`19 engine's maximum torque output. It controls
`20 inverter/charger 27 so that energy flows from
`21 battery bank 22 to traction motor 25, providing
`22 torque propelling the vehicle in addition to that
`23 provided by engine 40. Starting motor 21 can
`24 similarly be controlled to provide propulsive
`25 torque."
`
` 1 Q. Okay. So do you agree in Region 5 when
` 2 road load exceeds 100 percent MTO, the controller
` 3 controls the electric motor to provide additional
` 4 torque to the engine for propelling the vehicle?
` 5 A. Yes, I would agree.
` 6 Q. Now, are those modes shown in Figure 10 of
` 7 the '347 patent?
` 8 A. No, they're not.
` 9 Q. So we said before that Curve B is the
`10 engine output torque. Was that the maximum engine
`11 output torque?
`12 A. Well, Severinsky is not specific that it's
`13 the maximum torque.
`14 Q. Would you be okay assuming that that's the
`15 maximum engine output torque?
`16 A. In typically if you've got one torque
`17 curve, and it's not described any further, someone
`18 skilled in the art might assume it's a maximum.
`19 Q. Okay. So for the example we read for
`20 Figure 6, we talked about a set -- or a setpoint of
`21 30 percent -- actually, I'm not sure if it used the
`22 word "setpoint." Strike that.
`23 For Figure 6, it describes changing modes
`24 between Mode I and Mode IV at