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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
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`FORD MOTOR COMPANY
`Petitioner,
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`v.
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`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
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`_________________________
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`
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`Case IPR2015-00800
`Patent 7,237,634
`_________________________
`
`PATENT OWNER’S MOTION FOR OBSERVATIONS ON THE
`CROSS EXAMINATION OF DR. GREGORY DAVIS
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`Case IPR2015-00800
`Patent 7,237,634
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`EXHIBITS
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`Exhibit Number
`Ex. 2901
`Ex. 2902
`Ex. 2903
`Ex. 2904
`Ex. 2905
`Ex. 2906
`Ex. 2907
`Ex. 2908
`
`Ex. 2909
`
`Exhibit Name
`Table of Ford’s IPR Petitions
`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
`Gregory Davis Deposition Transcript (Jan. 13, 2015)
`(IPR2014-00579)
`Bosch Handbook, 4th Edition (excerpts)
`Gregory Davis Deposition Transcript (May 8, 2015)
`(IPR2014-00579)
`Deposition Transcript of Gregory Davis, Ph.D.
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`Case IPR2015-00800
`Patent 7,237,634
`In exhibit 2909, on page 5, line 19 to page 7, line 22, Dr. Davis
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`1.
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`testified that the “sub-optimal” control algorithm disclosed in Bumby III accepts
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`power as its control input, which is calculated based on the accelerator pedal. This
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`testimony is relevant to paragraphs 63-73 of Dr. Davis’s Reply Declaration (Ex.
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`1609). The testimony is relevant because it contradicts Dr. Davis’s reply
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`declaration testimony that the sub-optimal control algorithm uses road load.
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`2.
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`In exhibit 2909, on page 11, line 4 to page 12, line 22, Dr. Davis
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`testified that the Bumby I calculates the instantaneous torque requirement using an
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`simulation (not a “real vehicle”) that applies an equation to a known driving cycle.
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`This testimony is relevant to paragraphs 63-73 of Dr. Davis’s Reply Declaration
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`(Ex. 1609). The testimony is relevant because it contradicts Dr. Davis’s reply
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`declaration testimony that the sub-optimal control algorithm uses road load.
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`3.
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`In exhibit 2909, on page 11, line 4 to page 12, line 22, Dr. Davis
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`testified that the term “road load as used in these patents [U.S. Patent No.
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`7,237,634 and the other Paice patents] was, and as used and described in Bumby
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`here, accounted not only for what some people would call the running resistance or
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`often the textbook road load, if you will, which would be like wind resistance,
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`rolling resistance, grade resistance” and other requirements like acceleration,
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`deceleration.” This testimony is relevant to page 73, line 21 to page 75 line 2 (Ex.
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`1950). The testimony is relevant because it contradicts Ford’s counsel’s argument
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`1
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`Case IPR2015-00800
`Patent 7,237,634
`to the Board that the term “road load” as used in Paice’s patents is different from
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`the road load term discussed in the Bumby references and that Paice “coined” a
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`road load term with some different meaning.
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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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`
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`Dated: May 20, 2016
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`2
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`CERTIFICATE OF SERVICE
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`Case IPR2015-00800
`Patent 7,237,634
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`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:
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`Frank A. Angileri
`John E. Nemazi
`John P. Rondini
`Michael N. MacCallum
`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
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`Email: FPGP0104IPR10@brookskushman.com
`Email: ipt.docketchi@dentons.con
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`3
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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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