STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
`
`______________
`
`
`
`U.S. Patent No. 7,237,634
`
`IPR Case No.: IPR2015-00800
`______________
`
`
`
`PETITIONER’S RESPONSE TO PATENT OWNER’S
`MOTION FOR OBSERVATIONS ON CROSS EXAMINATION
`
`
`
`
`
`
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`
`FORD MOTOR COMPANY
`Petitioner,
`
`v.
`
`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owners.
`
`______________
`
`
`
`U.S. Patent No. 7,237,634
`
`IPR Case No.: IPR2015-00800
`______________
`
`
`
`PETITIONER’S RESPONSE TO PATENT OWNER’S
`MOTION FOR OBSERVATIONS ON CROSS EXAMINATION
`
`
`
`
`
`
`
`Case No.: IPR2015-00800
`Attorney Docket No.: FPGP0104IPR10
`
`I.
`
`Response to Paice’s Observations
`
`Response to Observation 1. This observation improperly cites over two
`
`pages of testimony and ten paragraphs from Dr. Davis Reply Declaration and is
`
`therefore not a “concise statement of the relevance of precisely identified
`
`testimony to a precisely identified argument.” IPR2013-00506, Paper 37 at 2-4.
`
`Notwithstanding,
`
`the cited deposition and declaration
`
`testimony are not
`
`inconsistent. The questioning cited by Paice relates to the following quotation from
`
`Bumby III: “Demand power as far as the simulation is concerned is simply
`
`transmission output power, but in reality would be driver demand power expressed
`
`as a function of accelerator pedal position.” (Ex. 2909 at 7:9-13.) But the full
`
`paragraph from Bumby III from which this quotation was taken discloses that the
`
`suboptimal control algorithm “transforms” the demand power into a set of torque
`
`and speed points. (Ex. 1907, Bumby III at 7.) Bumby II likewise states that “the
`
`suboptimal control algorithm converts the instantaneous power and speed
`
`requirement into a torque and speed demand, at the torque split point for each
`
`available gear ratio.” (Ex. 1906 at 11.) Bumby II/III both explain that these torque
`
`and speed values are then used to determine the correct operating mode of the
`
`vehicle. (Ex. 1907, Bumby III at 7-8; Ex. 1906, Bumby II at 11.) Dr. Davis
`
`consistently testified in his declarations that these torque values (as used by the
`
`suboptimal control algorithm in conjunction with the Fig. 16 of Bumby II or Figure
`
`1
`
`
`
`Case No.: IPR2015-00800
`Attorney Docket No.: FPGP0104IPR10
`
`8 of Bumby III) are the claimed “road load” or torque required to propel the
`
`vehicle. (Ex. 1951, Davis Reply at ¶¶69-73; see also Ex. 1903, Davis Dec. at
`
`¶¶255-261, 265-266, 271, 275-276, 306.)
`
`Response to Observation 2. The portion of testimony cited by Paice
`
`relates to questioning about Bumby I and the Janus simulation program. (Ex. 2909
`
`at 11:4-12:22.) The cited deposition and declaration testimony are not inconsistent.
`
`As stated in response to observation 1, Bumby II/III both disclose converting a
`
`demand power value into a set of torque and speed values which are used to
`
`determine the correct operating mode of the vehicle. (Ex. 1907, Bumby III at 7-8;
`
`Ex. 1906, Bumby II at 10-11.) Dr. Davis consistently testified in his declarations
`
`that these torque values (as used by the suboptimal control algorithm in
`
`conjunction with the Fig. 16 of Bumby II or Figure 8 of Bumby III) are the claimed
`
`“road load” or torque required to propel the vehicle. (Ex. 1951, Davis Reply at
`
`¶¶69-73; see also Ex. 1903, Davis Dec. at ¶¶255-261, 265-266, 271, 275-276,
`
`306.)
`
`Response to Observation 3. Dr. Davis’ testimony at Ex. 2902 16:11-18
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`does not contradict Ford’s counsel statements during the July 1, 2015 hearing. At
`
`last July’s hearing, counsel stated that the torque required to propel the vehicle
`
`“means that you have to consider the operator’s command, which of course, it’s
`
`not just the external forces, if the operator wants the car to go faster, well then
`
`2
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`
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`Case No.: IPR2015-00800
`Attorney Docket No.: FPGP0104IPR10
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`you’re going to need to exceed those external forces, and if the operator wants the
`
`vehicle to go slower, then the torque required is less than the external forces.” (Ex.
`
`1950 at 74.) Likewise, Dr. Davis’ recently testified that “road load as used in these
`
`patents” accounts for “textbook road load” that the vehicle would “have to
`
`overcome” and it would also “have to meet the desired operation of the vehicle
`
`based on requirements for like acceleration, deceleration.” (Ex. 2909 at 16:11-18.)
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`Dated: May 27, 2016
`
`
`
` /John P. Rondini/
`Frank A. Angileri (Reg. No. 36,733)
`John E. Nemazi (Reg. No. 30,876)
`John P. Rondini (Reg. No. 64,949)
`Erin K. Bowles (Reg. No. 64,705)
`BROOKS KUSHMAN P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`(248) 358-4400
`
`Lissi Mojica (Reg. No. 63,421)
`Kevin Greenleaf (Reg. No. 64,062)
`DENTONS US LLP
`1530 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1125
`650 798 0300
`
`Attorneys for Petitioner
`
`
`3
`
`
`
`
`
`
`
`Case No.: IPR2015-00800
`Attorney Docket No.: FPGP0104IPR10
`
`Certificate of Service
`
`The undersigned hereby certifies that on May 27, 2016, a complete and
`entire copy of PETITIONER’S RESPONSE TO PATENT OWNER’S
`MOTION FOR OBSERVATIONS ON CROSS EXAMINATION, was served
`via electronic mail by serving the correspondence email address of record as
`follows:
`
`
`BACK-UP COUNSEL
`Kevin E. Greene, Reg. No. 46,031
`Ruffin B. Cordell, Reg. No. 33,487
`Linda L. Kordziel, Reg. No. 39,732
`Daniel A. Tishman
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (202) 783-5070
`Email: IPR36351-0015IPC@fr.com;
`
`Riffe@fr.com
`
`
`Respectfully submitted,
`
`
`
`
`
` /John P. Rondini/
`Frank A. Angileri (Reg. No. 36,733)
`John E. Nemazi (Reg. No. 30,876)
`John P. Rondini (Reg. No. 64,949)
`Erin K. Bowles (Reg. No. 64,705)
`Brooks Kushman P.C.
`1000 Town Center, 22nd Floor
`Southfield, MI 48075
`
`Lissi Mojica (Reg. No. 63,421)
`Kevin Greenleaf (Reg. No. 64,062)
`Dentons US LLP
`1530 Page Mill Road, Suite 200
`Palo Alto, CA 94304-1125
`
`Attorneys for Petitioner
`
`4
`
`LEAD COUNSEL
`Timothy W. Riffe, Reg. No. 43,881
`
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (202) 783-5070
`Email: IPR36351-0015IPC@fr.com;
`
`Riffe@fr.com
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