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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`In re Inter Partes Review of:
`U.S. Patent No. 7,329,970
`Issued: Feb. 12, 2008
`Application No.: 11/480,868
`Filing Date: July 6, 2006
`
`For: Touch Sensor And Location Indicator Circuits
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`FILED VIA PRPS
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`DECLARATION OF PAUL BEARD IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,329,970
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`For ease of reference, Mr. Beard refers to this declaration as being in support of
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`“’970 Petition” challenging claims 1, 3-5, 10-14, 19, 48, 49, 51, and 52.
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`Apple Inc., et al.
`Exhibit 1003
`Apple Inc., et al. v. Global Touch Solutions, Inc.
`IPR2015-01173
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`Exhibit 1003, Page 001
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`Inter Partes Review of USP 7,329,970
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`TABLE OF CONTENTS
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`Page
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`I.
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`INTRODUCTION AND QUALIFICATIONS ............................................... 1
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`II. MY EXPERIENCE WITH PORTABLE, BATTERY-POWERED
`DEVICES IN THE MID-1990S ...................................................................... 6
`
`III. UNDERSTANDING OF THE GOVERNING LAW ..................................... 9
`
`Invalidity by Anticipation or Obviousness ........................................... 9
`A.
`Interpreting Claims Before the Patent Office ...................................... 11
`B.
`Relevant Time Period for the Obviousness Analysis .......................... 11
`C.
`D. Materials Relied on in Forming My Opinion ...................................... 12
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`IV. LEVEL OF SKILL IN THE ART ................................................................. 12
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`A. Use of a Signal Switch in a User Interface ......................................... 12
`B.
`Use of a Microchip to Control the Battery and Device ....................... 13
`C.
`Person of Ordinary Skill in the Art ..................................................... 18
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`V.
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`PERSPECTIVE APPLIED IN THIS DECLARATION ............................... 19
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`VI. OVERVIEW OF THE ’970 PATENT .......................................................... 20
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`A. Disclosure of the ’970 Patent .............................................................. 20
`B.
`Prosecution History of the ʼ970 Patent ............................................... 23
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`VII. THE PRIOR ART .......................................................................................... 26
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`A.
`B.
`C.
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`Beard .................................................................................................... 26
`Rathmann ............................................................................................. 34
`Danielson ............................................................................................. 38
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`VIII. MOTIVATIONS TO COMBINE THE PRIOR ART ................................... 40
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`A. Motivation to Combine Beard with Rathmann ................................... 40
`B. Motivation to Combine Beard and Rathmann with Danielson ........... 45
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`IX. CLAIM CONSTRUCTIONS ........................................................................ 49
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`A.
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`Legal Standard ..................................................................................... 49
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`Exhibit 1003, Page 002
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`Inter Partes Review of USP 7,329,970
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`B.
`C.
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`“energy consuming load” .................................................................... 49
`“mains” ................................................................................................ 51
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`X. GROUNDS OF INVALIDITY ..................................................................... 52
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`A. Ground 1: Claims 1, 3, 5, 10, 11, 12, 14, 19, 48, and 49 are
`invalid under 35 U.S.C. § 103 on the ground that they are
`rendered obvious by Beard in view of Rathmann. .............................. 52
`1.
`Claim 1 ...................................................................................... 53
`2.
`Claim 3 ...................................................................................... 73
`3.
`Claim 5 ...................................................................................... 74
`4.
`Claim 10 .................................................................................... 76
`5.
`Claim 11 .................................................................................... 78
`6.
`Claim 12 .................................................................................... 79
`7.
`Claim 14 .................................................................................... 82
`8.
`Claim 19 .................................................................................... 82
`9.
`Claim 48 .................................................................................... 85
`10. Claim 49 .................................................................................... 86
`Ground 2: Claims 4, 13, 51, and 52 are invalid under 35 U.S.C.
`§ 103 on the ground that they are all rendered obvious by Beard
`in view of Rathmann and Danielson ................................................... 88
`1.
`Claim 4 ...................................................................................... 88
`2.
`Claim 13 .................................................................................... 91
`3.
`Claim 51 .................................................................................... 92
`4.
`Claim 52 .................................................................................... 93
`
`B.
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`ii
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`Exhibit 1003, Page 003
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`I.
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`Inter Partes Review of USP 7,329,970
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`I, Paul Beard, resident of Bigfork, Montana, hereby declare as follows:
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`INTRODUCTION AND QUALIFICATIONS
`1.
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`I have been retained by Apple Inc. (“Apple”) to provide my opinion
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`concerning the validity of U.S. Patent No. 7,329,970 (Ex. 1001, the “’970 patent”)
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`in support of its Petition for Inter Partes Review of U.S. Patent No. 7,329,970
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`(“’970 Petition”). I have not previously been employed or retained by Apple in any
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`capacity.
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`2.
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`From 1980 to 1983, I attended the University of Manchester (U.K.)
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`where I received a B.Sc. (Honors) degree in Electrical and Electronics
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`Engineering.
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`3.
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`From 1978 to 1989, I was employed by British Telecom (BT) in
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`England. I received a series of promotions culminating in my eventual position as
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`Head of Group for BT’s ISDN voice and data terminals. These terminals were
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`portable electronic devices with microcontroller chips.
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`4.
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`From 1989 to 1991, I was employed as a member of technical staff for
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`VMX Inc., where I designed a world-wide approved subscriber line interface
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`circuit.
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`5.
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`From 1991 to 1994, I was the Vice President of Systems Engineering
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`at DSP Group, where I architected a low-cost, fixed-point digital signal processing
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`chip.
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`1
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`Exhibit 1003, Page 004
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`6.
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`From 1994 to 1998, I was the Chief Architect and a Fellow of Norand
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`Corporation, a developer of portable, wireless, pen-based data-entry devices that
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`were battery-powered.
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`7.
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`From 1998 to 2000, I founded a wireless (radio frequency) product
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`development company called Alation Systems based on my invention of a new
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`type of radio frequency modulation scheme. I sold Alation Systems to Cypress
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`Semiconductor in 2000.
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`8.
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`From 2000 to 2005, I was the Chief Technology Officer (CTO) of
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`Wireless Systems at Cypress Semiconductor. I directly reported to the CEO, and
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`was the only Engineering Fellow in the entire company. During my time at
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`Cypress, I invented the technology underlying the 2.4 Ghz wireless mouse as
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`described in U.S. Patent No. 8,442,437. Cypress’s WirelessUSB line of radio
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`frequency chips is based on this technology, and the technology is also widely used
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`in portable, battery-powered electronic devices such as microphones, electronic
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`toys, mice and keyboards.
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`9. WirelessUSB was a major commercial success, and received four
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`international electronics product awards, including a prestigious EDN (Electrical
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`Design News) innovation award. I also designed two Cypress radio and wireless
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`integrated circuits (IC), the CYRF6951 and CYRF6961.
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`2
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`Exhibit 1003, Page 005
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`Inter Partes Review of USP 7,329,970
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`10. From 2005 to the present, I have been employed by Horizon Hobby,
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`Inc., of Champaign, Illinois (http://www.horizonhobby.com/). Horizon Hobby is
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`the preeminent global manufacturer of electronic radio control (RC) model
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`airplanes, drones, helicopters, radios and cameras. I was previously the Vice
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`President of Engineering, and was promoted earlier this year to CTO.
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`11.
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`I am responsible for the overall technical design and development of
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`Horizon Hobby’s products, all of which are portable battery-powered electronic
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`devices. Many of these products employ technologies that I personally developed,
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`such as the Spektrum 2.4 Ghz radio frequency control system. Horizon Hobby’s
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`products typically include a model, such as a drone, and a portable, battery-
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`powered electronic controller with a display and user interface that allows the
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`operator to control the drone.
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`12.
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`I continued to work for Cypress Semiconductor as the CTO of
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`Wireless Systems on a part-time basis at Cypress’s invitation until 2013.
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`13. From 2009 to the present, I have been the CTO of Unmanned Systems
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`Inc., for whom I invented the “Longshot” IP-based low-latency network for real-
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`time control of unmanned aerial vehicles over the Internet.
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`14.
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`I founded Oscium Corporation in 2010, where I am also the CTO.
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`Oscium makes personal electronic oscilloscope, logic analyzer, and spectrum
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`analyzer devices that plug into iPads, iPhones, and iPods. These portable devices
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`3
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`Exhibit 1003, Page 006
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`are now sold all over the world, including in numerous European and Asian
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`Inter Partes Review of USP 7,329,970
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`countries, and in Australia.
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`15.
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`I am a named inventor on 68 issued U.S. patents, and have
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`approximately 30 patent applications currently pending with the United States
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`Patent and Trademark Office (USPTO). Many of my issued patents are directed to
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`various technologies relating to portable electronic devices that operate on
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`batteries, including battery chargers and packs, intelligent batteries, power
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`supplies, power management, microprocessors and control circuits, radio-
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`frequency circuitry, control circuitry, visual displays, and portable data collection
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`devices. I have also made significant inventions in other areas including live TV
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`replay (e.g., a digital video recorder (DVR), U.S. Patent No. 6,172,712) and
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`internet radio (U.S. Patent No. 7,194,520).
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`16.
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`I have received several awards for my contributions to electronic
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`battery-powered model devices. In 2008, I was the British Model Flying
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`Association Innovator of the Year, and also received the Oleg Antanov Diploma
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`from the Fédération Aéronautique Internationale (FAI). In 2010, I was inducted
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`into the International RC Helicopter Association Hall of Fame. I have been
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`referred to as the “Father of Spread Spectrum” in Model Aviation. In 2012, I was
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`inducted into the Academy of Model Aeronautics (AMA) Hall of Fame.
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`4
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`Exhibit 1003, Page 007
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`17. My portable electronic product experience includes power sources,
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`power savings and power management, user interfaces, touch sensors, input
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`devices, switches, intelligent batteries, audio signal circuitry, and radio frequency
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`circuitry. My years of industry experience, including many customer feedback and
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`redesign cycles, enable me to engage in product and user interface analysis from a
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`purely technical design perspective as well as an applied “actually-works-in-the-
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`field” perspective.
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`18. Further, my expertise with microcontrollers and control circuitry has
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`allowed me to design dedicated circuits that seamlessly support the customer
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`experience. As a result, I have held several technical advisory positions for equity
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`and other compensation.
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`19.
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`I was a founder of and technical advisor to PortalPlayer, Inc., for
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`which I designed the PortalPlayer dual ARM7TDMI RISC chip. That chip was
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`chosen by Apple as the MP3 encoder chip for the first-generation Apple iPod
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`portable music player. Other portable, battery-powered electronic device
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`companies that I have provided with technical advisory expertise over the course
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`of my career include Mattel (for whom I designed a “Barbie” camera for shooting
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`and instantly printing photographs), NEC (for whom I designed a low-power
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`architecture for notebook computers), and Fisher-Price (for whom I designed the
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`radio for an “RC Racer” car).
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`20.
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`In summary, I have extensive technical experience relating to all
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`aspects of creating portable electronic devices with user interfaces that run on
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`battery power.
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`21. My curriculum vitae is attached as Exhibit 1004. My work in this
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`matter is being billed at a rate of $500 per hour, with reimbursement for necessary
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`and reasonable expenses. My compensation is not in any way contingent upon the
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`outcome of any inter partes review. I have no financial or personal interest in the
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`outcome of this proceeding or any related litigation.
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`II. MY EXPERIENCE WITH PORTABLE, BATTERY-POWERED
`DEVICES IN THE MID-1990S
`22. There were three major technical problems that I solved for Norand in
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`1994 and 1995 in connection with the development of Norand’s Pen*KeyTM line of
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`devices, including the Norand Pen*KeyTM 6100 and Norand Pen*KeyTM 6300,
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`which were portable and battery-powered. The Pen*KeyTM was a handheld, wire-
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`less data collection terminal. It was designed for use with the intelligent battery
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`pack described in U.S. Patent No. 5,898,290 (Ex. 1005, “Beard”).
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`23. The first problem in the development of the Pen*KeyTM devices
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`related to power consumption. All of Norand’s Pen*KeyTM devices included
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`batteries, a touch screen display, switches, and control circuitry that controlled the
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`operation of the device in response to user input. Because these devices were
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`6
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`Exhibit 1003, Page 009
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`required to support all-working-day use on a single battery charge, power
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`conservation was a key design consideration.
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`24. For some device components, such as switches, power usage was not
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`a design concern because low current switches were widely available, commonly
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`used in the industry, and superior to conventional, typically high current
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`mechanical switches in terms of power consumption, size, reliability, and
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`susceptibility to corrosion.
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`25. For other components, such as the central processing unit, power
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`usage was a major design concern. The mid-1990s was the era of the desktop PC.
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`My initial challenge in designing the Pen*KeyTM devices was that the integrated
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`circuits available at that time were unsuitable for battery-powered, mobile devices
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`because the circuits consumed too much power. I resolved that issue by applying a
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`variety of innovative engineering techniques to lower the power consumption of
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`the central processing unit, including the method of lowering clock frequency and
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`voltage when the device was not in use for which I received U.S. Patent No.
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`7,376,848.
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`26. The second problem related to data loss on startup. We discovered the
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`issue during Norand’s testing of the Pen*KeyTM 6100 devices. These devices
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`occasionally sustained file system damage as a result of insufficient battery-power.
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`A common scenario involved devices that had begun to turn on in response to a
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`Exhibit 1003, Page 010
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`user start-up or activation signal, but had insufficient remaining battery power to
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`actually complete the process. In that case, file system damage resulted from the
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`battery dying when the device had only partially completed its startup function.
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`27. Users of the devices often had no way of knowing how much battery
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`capacity remained in a given device, and thus could not prevent this problem from
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`occurring even if made aware of the device’s potential vulnerability.
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`28.
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`I realized that adding a user-triggered indicator that let a user check
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`battery capacity without having to turn on the device would be a good solution for
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`this problem. A system implementing my insight resolved this file system damage
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`issue for Norand’s Pen*KeyTM products.
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`29. The third problem related to data loss on shutdown. To avoid data
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`loss, most portable devices of the era required the user to save, gracefully exit all
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`programs, and turn off the device before replacing a battery—a time-consuming
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`and annoying process.
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`30.
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`I realized that device activation and deactivation could be handled in a
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`more user-friendly fashion by including “pre-removal” sensing circuitry. Instead of
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`having to save, exit all programs, and turn off the device, a user could deactivate
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`the product by simply removing the battery. When the sensing circuitry detected
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`that the user had begun to remove the battery, the device could interrupt normal
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`processing to save data and perform essential shutdown tasks in the short period of
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`8
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`Exhibit 1003, Page 011
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`time before battery power was lost. When power was restored to the device with
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`the insertion of a battery, the previously saved information could then be restored
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`during the device activation process.
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`31.
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`I patented my invention relating to capacity indicators and pre-
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`removal circuitry in United States Patent No. 5,898,290, entitled “Battery Pack
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`with Capacity and Pre-Removal Indicators” (Ex. 1005, “Beard”).
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`III. UNDERSTANDING OF THE GOVERNING LAW
`A.
`Invalidity by Anticipation or Obviousness
`32.
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`I understand that a patent claim is invalid if it is anticipated or obvious
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`in view of the prior art. I further understand that invalidity of a claim requires that
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`the claim be anticipated or obvious from the perspective of a person of ordinary
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`skill in the relevant art (“POSITA”), at the time the invention was made.
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`33.
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`I understand that anticipation of a claim requires that every element of
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`a claim be disclosed expressly or inherently in a single prior art reference, arranged
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`as in the claim. In analyzing obviousness in light of the prior art, I understand that
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`it is important to understand the scope of the claims, the level of skill in the
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`relevant art, the scope and content of the prior art, the differences between the prior
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`art and the claims, and any secondary considerations.
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`34.
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`I also understand that “if a technique has been used to improve one
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`device, and a person of ordinary skill in the art would recognize that it would im-
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`prove similar devices in the same way, using the technique is obvious unless its ac-
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`tual application is beyond his or her skill.” KSR Int’l Co. v. Teleflex Inc., 550 U.S.
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`398, 417 (2007). There may also be a specific teaching, suggestion or motivation
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`to combine a prior art reference with another prior art reference. Such a teaching,
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`suggestion, or motivation to combine the prior art references may be explicit or
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`implicit in the prior art.
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`35.
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`I understand that “[c]ombining two embodiments disclosed adjacent
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`to each other in a prior art patent does not require a leap of inventiveness.” Boston
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`Scientific Scimed, Inc. v. Cordis Corp., 554 F.3d 982, 991 (Fed. Cir. 2009) (“As we
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`have explained, Wolff teaches all of the limitations of claim 8, and the record did
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`not contain substantial evidence for the jury to conclude otherwise. The only quali-
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`fication to this statement of fact is that all of the limitations are found in two sepa-
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`rate embodiments pictured side by side in the patent, not in one embodiment.
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`However, ‘[i]f a person of ordinary skill can implement a predictable variation,
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`§ 103 likely bars its patentability.’”) (citing KSR, 550 U.S. at 401).
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`36.
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`I understand that assessing the invalidity of a claim as either anticipat-
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`ed or obvious involves comparing the limitations of a claim to the disclosures in
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`the prior art. I have applied this concept throughout this declaration. To the extent I
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`also have shared insights or memories of my own work in the field in the mid-
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`1990s, I have not compared my insights or memories to the claim limitations for
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`purposes of assessing invalidity, but instead have compared the claims to the prior
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`art references discussed below, from the perspective of a POSITA at the time of
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`the alleged invention.
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`B.
`37.
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`Interpreting Claims Before the Patent Office
`I understand that Inter Partes Review is a proceeding before the
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`United States Patent & Trademark Office for evaluating the validity of an issued
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`patent claim. I understand that claims in an Inter Partes Review are given their
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`broadest reasonable interpretation that is consistent with the patent’s specification.
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`I understand that a patent’s “specification” includes all the figures, discussion, and
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`claims within the patent document. I understand that the Patent Office will look to
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`the specification to see if there is a definition for a claim term, and if not, will
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`apply the broadest reasonable interpretation from the perspective of a POSITA at
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`the time the invention was made. I present a more detailed explanation of the
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`interpretation of certain terms in the ’970 patent in the section titled “Claim
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`Construction” below.
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`C. Relevant Time Period for the Obviousness Analysis
`38.
`I also understand that the earliest patent application filing leading to
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`the ’970 patent was made on October 9, 1998. I have therefore analyzed
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`obviousness as of that day or somewhat before (approximately 1996-1998),
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`understanding that as time passes, the knowledge of a POSITA will increase.
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`D. Materials Relied on in Forming My Opinion
`39.
`In forming my opinion, I have relied on the ’970 patent’s claims,
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`disclosure, and file history, on the prior art exhibits to the Petition for Inter Partes
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`Review of the ’970 patent, any other materials cited in this declaration, and my
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`own experience, expertise, and knowledge of the POSITA in the relevant
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`timeframe.
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`IV. LEVEL OF SKILL IN THE ART
`40. The ’970 patent involves several common concepts in electronics that
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`were well known to those working with portable electronic devices in the mid-
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`1990s, including the application of certain types of switches, microchips, and
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`batteries. Below, I explain how the technical context of the ’970 patent informs my
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`opinion on the level of skill of an ordinarily skilled artisan at the time of the
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`alleged invention.
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`A. Use of a Signal Switch in a User Interface
`41.
`In the 1960s and 1970s, mechanical switches that functioned as a user
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`interface were commonly found in portable electronic devices. But by the mid-
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`1980s1, new signal switches, such as touch sensors or carbon-coated membrane
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`1 See, e.g., Ex. 1009 at 11-13 (1989 Sony WM-701C Service Manual); Ex. 1010 at
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`11-12 (1987 Sony WM-DDIII Service Manual); Ex. 1011 at 1, 6, 10, 21, 25 (Tan-
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`type switches, had begun to replace traditional mechanical switches in such
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`devices. The benefits that signal switches offered over traditional mechanical
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`switches—in particular, their reduced size, reduced vulnerability to corrosion, and
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`increased reliability2—began to outweigh their costs.
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`42. By the time of the alleged invention in the mid- or late-1990s, I
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`observed that many Asian manufacturers such as Panasonic and MuRata had begun
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`supplying signal switches to the U.S. market, and competition had further driven
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`down the cost of these components. As a result, I observed that signal switches
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`proved very popular with designers of portable battery-powered electronic
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`equipment such as myself and my colleagues at Norand, DSP Group, and VMX
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`Inc., and elsewhere.
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`43.
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`In short, the use of signal switches in the user interfaces of portable
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`electronic devices was well-known in the art well before October 1998.
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`B. Use of a Microchip to Control the Battery and Device
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`dy Pocket Scientific Computer PC-6 Service Manual); Ex. 1012 at title page, 44
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`(1987 Tandy Computer Catalog).
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`2 See, e.g., Ex. 1013 at 1:48-60 (U.S. Patent No. 4,818,827); Ex. 1014 at 1:16-18,
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`2:3-6 (U.S. Patent No. 5,747,757); Ex. 1015 at 1:22-26 (U.S. Patent No.
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`5,743,386); Ex. 1016 at 1:9-14 (U.S. Patent No. 5,294,762).
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`44. Also well before October 1998, portable battery-powered devices
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`commonly included microchips that were used to control the battery and the
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`device. Microchips are commonly referred to by other names, such as chips,
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`processors, microcontrollers, or control circuits.
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`45. The Pen*KeyTM devices that I designed at Norand are one example of
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`battery-powered devices that used such circuitry, but, in my experience, many of
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`the era’s bestselling portable devices also employed such a design.
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`46. The case for using microchips to control batteries and device
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`functionality was (and remains) compelling, and had led to their widespread
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`adoption by the time of the alleged invention of the ’970 patent. Programmable
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`intelligence in microchips allowed designers to create portable electronic devices
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`that responded to commands input via the switch, including responses using audio,
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`visual, or audiovisual indicators. Use of a microchip also enabled efficient control
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`of the battery and prolonged the battery-life of the device, a vital technical and
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`business concern.
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`47. The use of microprocessors for control was further promoted by the
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`establishment of battery industry standards, the Smart Battery System (“SBS”)
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`specifications. An initial draft of these specifications was first announced by
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`14
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`Exhibit 1003, Page 017
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`Duracell, Inc. (“Duracell”) and Intel Corporation (“Intel”) in 1994,3 and Version
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`Inter Partes Review of USP 7,329,970
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`1.0 of the specifications was officially released by a consortium including
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`Duracell, Intel, Toshiba Battery, National Semiconductor Corporation, and other
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`battery and microchip manufacturers
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`in February 1995. Industry players
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`recognized the growing importance of “smart” batteries. The purpose of the
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`consortium was to exchange information among members and develop standards
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`for these batteries. SBS included a “System Management Bus (SMBus)
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`Specification,”4 which specified a communication interface between the microchip
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`and the rest of the portable electronic device, and a “Smart Battery (SB) Data
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`Specification,”5 which specified a data protocol to be used for SMBus
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`communications. As “open” specifications,
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`the SBS specification drafts
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`incorporated significant industry feedback6 and over a dozen portable device
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`3 See, e.g., Ex. 1017 (Apr. 21, 1994 Press Release, “Duracell and Intel Announce
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`‘Smart Battery’ Specifications for Portable Computers”); Ex. 1018 at 2 (Mar. 2,
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`1995 EDN Access Article, “Smart-Battery Technology: Power Management’s
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`Missing Link”).
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`4 See, e.g., Ex. 1017 (Apr. 21, 1994 Press Release).
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`5 See, e.g., Ex. 1017 (Apr. 21, 1994 Press Release).
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`6 See, e.g., Ex. 1017 (Apr. 21, 1994 Press Release); Ex. 1019 at 76 (Oct. 2, 1995
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`Infoworld Article, “New Battery Technologies Mix Brains and Chemistry”).
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`15
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`Exhibit 1003, Page 018
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`manufacturers had signed on to the standard by early 1995.7 Official SBS
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`Inter Partes Review of USP 7,329,970
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`specifications remain the industry standard today.8
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`48. SBS was designed to solve a common problem with portable electron-
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`ic devices of the early 1990s: users often ran out of battery power unexpectedly.
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`Devices of that era relied on system power consumption data to estimate their re-
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`maining battery capacity. Not only did that approach require the device to be
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`turned on before remaining battery charge could be estimated, the resulting esti-
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`mates were often incorrect:
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`Many products that attempt to answer the question [of remaining bat-
`tery charge] use the system’s hardware to account for the battery’s
`charge state. This approach is destined to fail when different batteries
`are used because the battery’s characteristics and history are associat-
`ed with the system, not the battery.
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`Ex. 1022 at 2 (Feb. 15, 1995 Smart Battery Data Specification, Version 1.0).
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`49.
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`In contrast, SBS batteries each maintained their own charge infor-
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`mation. See id. (“The Smart Battery fixes this problem by maintaining its own in-
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`7 See, e.g., Ex. 1020 at 32 (Jan. 24, 1995 PC Magazine Article, “Batteries That
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`Think”).
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`8 See, e.g., Ex. 1021 at 1-2 (PMBus Webpage, “PMBus Ancestry: PMBus and the
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`Technologies Preceding It”).
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`16
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`Exhibit 1003, Page 019
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`formation.”). An SBS-type intelligent battery equipped with a microchip, battery,
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`Inter Partes Review of USP 7,329,970
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`and user interface can provide the user with an accurate indication of battery
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`charge.9 A device powered by such a battery could also perform intelligent power
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`management of its components because the microprocessor had access to the same
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`accurate information about remaining battery capacity.10 Leading manufacturers of
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`microchips, including Microchip Technology, Inc., quickly announced support for
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`SBS.11
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`50.
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`In short, with the publication and increasing adoption of the SBS
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`standards, the business and technology environment for portable electronic devices
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`favored using a microchip to control the battery, user interface, and other compo-
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`nents of a device well before October 1998. The SBS standards were closely
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`watched by those in the battery industry. I, and others in the industry, understood
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`9 See, e.g., Ex. 1022 at 2-3 (Feb. 15, 1995 Smart Battery Data Specification) (“The
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`Smart Battery provides the user with accurate state of charge information along
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`with an accurate prediction of the remaining operating time.”) (emphasis added
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`throughout unless otherwise indicated).
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`10 See, e.g., id. at 4 (“SMBus Host-to-Smart Battery communications are per-
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`formed: … [t]o enable power management based on “real” information supplied
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`by the battery.”).
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`11 See, e.g., Ex. 1018 at 2 (Mar. 2, 1995 EDN Access Article).
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`17
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`Exhibit 1003, Page 020
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`that because SBS involved major industry players such as Duracell and Intel, they
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`Inter Partes Review of USP 7,329,970
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`would be highly influential in smart battery development. Smart battery developers
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`would have naturally looked to the SBS specification when developing products.
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`C.
`Person of Ordinary Skill in the Art
`51. The purported invention of the ’970 patent reflects an understanding
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`of several basic principles of electronics and electrical engineering as they apply to
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`product design, and knowledge of industry practices in 1998 including the use of
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`signal switches and the use of microchips as control circuitry for switches and
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`batteries.
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`52. Based on those factors, in my opinion a person of ordinary skill in the
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`art in October 1998 would have had, at a minimum:
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`a.
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`b.
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`a Ph.D. in electrical or electronics engineering; or
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`a Masters-level degree in electrical or electronics engineering and
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`1 year of experience designing portable, battery-powered electronic devices
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`controlled by microprocessors that used touch sensors or other signal
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`switches; or
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`c.
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`a Bachelors-level degree in electrical or electronics engineering and
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`2 years of experience designing portable, battery-powered electronic devices
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`controlled by microprocessors that used touch sensors or other signal
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`switches.
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`18
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`Exhibit 1003, Page 021
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`This description is approximate, and a higher level of education or skill might
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`Inter Partes Review of USP 7,329,970
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`make up for less experience, and vice-versa.
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`V.
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`PERSPECTIVE APPLIED IN THIS DECLARATION
`53.
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`I believe that I would qualify as a person of at least ordinary skill in
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`the art in October 1998, and that I have a sufficient level of knowledge, experience
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`and education to provide an expert opinion in the fi