Filed: October 24, 2016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`COSTCO WHOLESALE CORPORATION,
`Petitioner,
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`v.
`
`ROBERT BOSCH LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00034
`Patent 6,973,698
`
`SECOND DECLARATION OF DR. GREGORY W. DAVIS
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`Costco Exhibit 1103, p. 1
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`INTRODUCTION
`I.
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`I, Dr. Gregory W. Davis, hereby declare the following:
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`1.
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`I previously prepared a declaration in support of the unpatentability of
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`U.S. Patent No. 6,973,698 (the “’698 Patent”), which I understand was submitted
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`as Exhibit 1013 to Costco Wholesale Corporation’s Petition for Inter Partes
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`Review of U.S. Patent No. 6,973,698 (Paper No. 1) (the “Petition”) .
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`2.
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`I understand that inter partes review was instituted on claim 1 of the
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`’698 Patent on the following grounds:
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`• Obviousness under 35 U.S.C. § 103(a) in view of U.S. Patent No.
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`4,807,326 to Arai (Ex. 1004; “Arai”) and U.S. Patent No. 4,028,770 to
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`Appel (Ex. 1006; “Appel ’770”)
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`• Anticipation under 35 U.S.C. § 102(b) based on U.S. Patent No.
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`5,325,564 to Swanepoel (Ex. 1009; “Swanepoel”)
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`See Institution Decision (Paper No. 16) (the “Decision”).
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`3.
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`I have reviewed the Decision, Patent Owner’s Response to Costco’s
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`Petition (Paper No. 26) (the “Response”), as well as the Exhibits to that Response,
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`including the Declaration of Dr. Dubowsky (Ex. 2003).
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`4.
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`In performing my analysis I have considered the claims of the ’698
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`Patent, any differences between the claimed subject matter and the prior art patents
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`and printed publications identified in my first declaration (Ex. 1013 ¶¶ 2–3), and
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`1
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`Costco Exhibit 1103, p. 2
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`the level of ordinary skill in the art of the ’698 Patent as of not later than April 1,
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`1998, which I understand is the filing date of the German application to which the
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`’698 Patent claims priority.
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`5.
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`Furthermore, in forming my opinions, I considered and relied upon
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`the contents of the patents and printed publications discussed below. In interpreting
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`and explaining the contents of these patents and printed publications, I relied on
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`my educational background, industry work experience, and teaching experience as
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`set forth in an appendix to my earlier declaration. See Ex. 1013 ¶¶ 4–12, p. 39
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`(App’x A). An updated version of my curriculum vitae is attached hereto as
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`Appendix A. Even under Patent Owner and Patent Owner’s expert’s definition, I
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`believe I qualify as a person of ordinary skill in the art.
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`II. ANALYSIS AND OPINIONS
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`6.
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`I have the following comments in response to Dr. Dubowsky’s
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`declaration (Ex. 2003) and Patent Owner’s Response.
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`A. A Person of Ordinary Skill in the Art Would Have Understood
`Appel ’770 to Incorporate the Progressive Curvature Teachings
`of Appel ’551
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`7.
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`In my earlier declaration, I discussed the teachings Arai, Appel ’770,
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`and U.S. Patent No. 3,192,551 to Appel (Ex. 1005; “Appel ’551”), and expressed
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`my opinion that claim 1 of the ’698 Patent would have been obvious to a person
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`having ordinary skill in the art over the combination of Arai and Appel ’770. See
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`2
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`Costco Exhibit 1103, p. 3
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`Ex. 1013 ¶¶ 17, 50–54, 60.
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`8.
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`Appel ’770 teaches that “progressive contact . . . as increasing
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`pressure is applied at the center” may be achieved by “incorporating progressive
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`dimensional variations in free form curvature” as disclosed in Appel ’551, which is
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`incorporated into Appel ’770 by reference. Appel ’770, 3:18–30, 44–51; see also
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`Ex. 1013 ¶¶ 28, 31.
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`9.
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`Additionally Appel ’551 discloses a spring with “progressive
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`dimensional variations in free form curvature,” including a “parabolic” spring with
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`curvature greater in the center than at the ends. Appel ’551, 1:23–34, 2:23–45, 3:9–
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`22, 31–36, 3:63–4:17, figs. 1a–1c; see also Ex. 1013 ¶¶ 32–33.
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`10. Appel ’770 teaches that “in the aforementioned United States patent
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`incorporated by reference [(Appel ’551)],” a superstructure may “incorporat[e]
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`progressive dimensional variations in free form curvature.” Appel ’770, 3:44–51.
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`Appel ’551 discusses “progressive dimensional variations in free form curvature,”
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`which includes a parabolic spring having a curvature greater at its center than at its
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`ends. Appel ’551, 3:16–22, figs. 1a–1c.
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`11. Because they use the common terminology, progressive variations in
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`curvature, a person of ordinary skill would have understood Appel ’770 to be
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`referring to, and incorporating by reference, the spring of Appel ’551 having a
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`curvature greater in its center section than at its end sections.
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`3
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`Costco Exhibit 1103, p. 4
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`B. A Person of Ordinary Skill in the Art Would Have Been
`Motivated to Combine the Teachings of Arai and Appel ’770
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`12. There is nothing in Arai that would have dissuaded a person of
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`ordinary skill in the art from modifying the curvature of the disclosed backbone.
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`Similarly, there is nothing in Appel ’770 that would have dissuaded a person of
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`ordinary skill in the art from applying its curvature teaching to blades with other
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`superstructures. As discussed above, both Arai and Appel ’770 are directed to
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`ways of improving wiping quality for curved windshields. Modifying Arai’s
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`backbone, which has the function of distributing the force from the wiper arm to
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`the wiper strip, as discussed above, to include the parabolic curvature of Appel
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`’770, which has the function, discussed above, of matching the flat-spring wiper to
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`a curved windshield, would have been expected by a person of ordinary skill to
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`result in a wiper that exhibited both beneficial functions.
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`C. A Person of Ordinary Skill Would Have Understood Swanepoel to
`Teach a Force Distribution Over the Entire Length of the Wiper
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`13.
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`In my earlier declaration, I discussed the teachings of Swanepoel, and
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`expressed my opinion that it discloses each and every element of claim 1 of the
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`’698 Patent. See Ex. 1013 ¶¶ 39–48, 58.
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`14. Swanepoel describes a force per unit length distribution “not
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`illustrated in FIG. 4” that reaches a constant value in the center section, and then
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`decreases to zero at the tips. Swanepoel, 2:8–20; 5:13–18; 9:33–36; see also
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`4
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`Costco Exhibit 1103, p. 5
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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`Ex. 1013 ¶ 43.
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`15. A person of ordinary skill in the art would have understood this
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`description in Swanepoel to teach a force distribution over the entire length of the
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`wiper that could be visualized by annotating figure 4 as illustrated below, where
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`the annotation is in red, and the description from Swanepoel is also in red:
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`
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`“[A]t tip regions, the backbone may be such that the force per unit
`length . . . decrease[s] from the constant value to zero at the
`extremities of the backbone.”
`Swanepoel, 2:14–20, Fig. 4.
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`16. Thus, a person of ordinary skill would have understood that
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`Swanepoel teaches “distribut[ing] a contact force against the window over an
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`entire length of said wiper strip,” exactly as recited in claim 1 of the ’698 Patent.
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`’698 Patent, 6:11–12 (emphasis added).
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`5
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`Costco Exhibit 1103, p. 6
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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`D. A Person of Ordinary Skill in the Art Would Have Understood
`the Contact Force in the End Sections to Include the Contact
`Force at the Tips
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`17.
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`In my earlier declaration, I chose three exemplary excerpts from
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`Swanepoel to illustrate what a person having ordinary skill in the art would have
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`understood is meant by the “tip regions” or “tip portions” over which the contact
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`force decreases. Ex. 1013 ¶ 43. Dr. Dubowsky’s opinion misrepresents (and
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`misquotes) those portions. See Ex. 2003 ¶ 39. The three quotes I chose demonstrate
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`that Swanepoel explicitly envisions that the “tips” at which “[t]he loading may
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`decrease” may include more than the extreme termini of the beam. As I quoted,
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`Swanepoel refers to “tip portions” and “tip regions,” although Dr. Dubowsky’s
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`characterizations omit these critical modifiers. Id. (emphasis added) (“The first two
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`quotes . . . refer only to . . . the ‘tips’ . . . . The third quote provides [a force] only at
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`the theoretical tip . . . .”).
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`18. There are further examples that illustrate and confirm that a person of
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`ordinary skill in the art would have understood Swanepoel to define “tip” to refer
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`to a broader region than that suggested by Dr. Dubowsky. First, Swanepoel states,
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`“the tips themselves are preferably straight.” Swanepoel, 3:57–58 (emphasis
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`added). A tip could not be straight unless it included more than a finite point, i.e.,
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`more than the extremities. Second, Swanepoel continues, “[a]t all points x (except
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`for the last 45 mm at the tips).” Id. at 6:50. This too means that at least some length
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`6
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`Costco Exhibit 1103, p. 7
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`is encompassed by the “tips.” Third, in figure 4, “B” represents the “[m]aximum
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`loading acceptable at [the] tips,” and “XLMAX” represents the “point where
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`maximum loading starts.” Id. at 4:59–60 (emphasis added).
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`19. Thus, a person of ordinary skill in the art would have understood that
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`“end sections” includes extreme termini, and that references to “tips” (or other
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`similar designations) may encompass more than just the extreme termini.
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`E. A Person of Ordinary Skill in the Art Would Not Have Limited
`“End Sections” to Those Susceptible to “End Effects”
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`20. Dr. Dubowsky takes the position that a person of ordinary skill in the
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`art “would understand that the ‘end sections’” denote the region susceptible to
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`“end effects,” located from the extremes of the beam to a point “approximately
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`three times . . . the width” inward. Ex. 2003 ¶ 37. He states that his opinions are
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`apparently bolstered by the description in Swanepoel, that “end portions may have
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`a length of at least 20 mm.” Id.; Swanepoel, 2:49–50. However, Dr. Dubowsky’s
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`description omits a pertinent modifier, “[t]hese end portions,” to which Swanepoel
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`refers. Ex. 2003 ¶ 49. Those 20-mm-long “end portions” are not the regions to
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`which “end effects” apply, but are the portions beginning at “a predetermined
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`distance from the ends, with the thickness being constant along [them].”
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`Swanepoel, 2:47–49.
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`21.
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`In the exemplary embodiments, Swanepoel fixes this “distance from
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`the tips for which thickness is constant” at “45 mm,” more than seven times the
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`7
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`Costco Exhibit 1103, p. 8
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`given width of the beam (6 mm), as opposed to the three times suggested by
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`Dr. Dubowsky. Swanepoel, 7:8–11, 7:68–8:3, 8:46–48; see Ex. 2003 ¶ 37. These
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`“end portions” are predetermined distances, not defined by the susceptibility to
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`effects, and are designed to result in a chosen force distribution profile like the one
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`shown in paragraph 14 above. Swanepoel’s “tips” or “tip regions” could be shorter
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`than these “end portions.”
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`22. Accordingly, I do not find anything in the ’698 Patent, Swanepoel, or
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`the other prior art involved in this proceeding that supports the “ends effects”
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`analysis of Dr. Dubowsky.
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`F. A Person of Ordinary Skill in the Art Would Have Understood
`“In” the End Section to Refer to the Distribution of Force Within
`That Section
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`23.
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`It is my understanding that Dr. Dubowsky takes the position that a
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`person of ordinary skill in the art would interpret the claim language of the ’698
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`Patent, “in [the] end sections,” in a way that is inconsistent with the ’698 Patent
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`and the prior art. Ex. 2003 ¶ 39. Swanepoel, Dr. Dubowsky argues, does not
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`anticipate the ’698 Patent because the reduced contact force at the tips does not
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`require a reduction “in the whole end section” or “in the entire end section.” Id.
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`(emphasis added). This is contrary to what a person of ordinary skill in the art
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`would have understood.
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`24. A person of ordinary skill in the art would have understood the
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`8
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`Costco Exhibit 1103, p. 9
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`“contact force” referred to in the ’698 Patent claim as a distributed force or force-
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`per-unit-length. See, e.g., Swanepoel, 3:67–68 (“FIG. 4 is a force distribution
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`diagram illustrating the lengthwise distribution of the force per unit length”). Over
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`the length of a beam, a distributed force has a distinct magnitude at each and every
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`point—i.e., a continuum. See, e.g., Swanepoel, fig. 4; Arai, fig. 7 (reproduced
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`below).
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`
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`25.
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`It is physically inaccurate to say that a beam has a single,
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`representative force in a “whole” or “entire” section of it. A distributed force may
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`be variable or constant within a section, but it remains a continuum nonetheless.
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`26. Therefore, a person having ordinary skill in the art would have
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`understood the ’698 Patent claim’s reference to the difference in contact force “in
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`[the] center section” relative to “in [the] end sections to be a comparison of the
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`continuum’s values anywhere within those sections.
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`27. Dr. Dubowsky’s opinion that the forces in the center and end sections
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`must be compared as a “whole” or in their “entire[ty]” is not supported by either
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`9
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`Costco Exhibit 1103, p. 10
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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`the ’698 Patent or the prior art, and is physically unsound.
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`III. CONCLUSION
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`28.
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` I reserve the right to elaborate and/or amend the opinions expressed
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`herein in response to positions taken by Robert Bosch LLC and by experts retained
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`on its behalf. To amplify what is stated above, where necessary, and especially in
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`view of information not presently known to me or new information presented by
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`Robert Bosch LLC’s experts prior to the Board’s decision, I reserve the right to
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`supplement and/or amend this declaration should additional information be brought
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`to my attention during the course of this proceeding.
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`29.
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`In signing this declaration, I understand that the declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of
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`the United States Patent and Trademark Office. I acknowledge that I may be
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`subject to cross-examination in the case and that cross-examination will take place
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`within the United States. If cross-examination is required of me, I will appear for
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`cross-examination within the United States during the time allotted for cross-
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`examination.
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`30.
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`I declare further that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true.
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`10
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`Costco Exhibit 1103, p. 11
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`

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`IPR2016-00034
`DECLARATION OF DR. GREGORY W. DAVIS
`I, DR. GREGORY W. DAVIS, hereby declare under the penalty of perjury that the
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`foregoing is true and correct.
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`Dated: 10/24/2016
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`
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`Dr. Gregory W. Davis
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`11
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`Costco Exhibit 1103, p. 12
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`

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`
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`APPENDIX A
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`APPENDIX A
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`Costco Exhibit 1103, p. 13
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`

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`Gregory W. Davis, Ph.D., P.E.
`Department of Mechanical Engineering
`Kettering University
`formerly known as
`GMI Engineering & Management Institute
`1700 University Ave.
`Flint, MI 48504
`(810) 309-9886/dr.gregory.w.davis@gmail.com
`
`
`Education & Credentials
`♦ Ph. D. in Mechanical Engineering, The University of Michigan, Ann Arbor, 1991
`Thesis: "Comprehensive Diagnostic Software for Engine Cycle Analysis"
`♦ Master of Science in Mechanical Engineering, Oakland University, 1986
`♦ Bachelor of Science in Mechanical Engineering, The University of Michigan, Ann Arbor,
`1982
`
`♦ Licensed Professional Engineer in the State of Michigan, License # 35473
`
`
`
`
`Professional Experience
`Fall 1997
`Professor of Mechanical Engineering & Director-Advanced Engine Research
`to Present
`Laboratory (AERL), Kettering University. Responsibilities include leading and
`coordinating automotive engineering curriculum including faculty and graduate
`research. Teaching graduate and undergraduate mechanical engineering
`courses along with directing all research and development activities in the
`AERL. The AERL specializes in the design, development and testing of
`automotive systems including both laboratory and on-road data acquisition &
`control.
` Additional
`responsibilities
`include developing and
`teaching
`Mechanical & Automotive Engineering curriculum and laboratories. Serve as
`faculty advisor to the SAE Student Branch and Clean Snowmobile Challenge
`where we have developed alternative vehicles, including designing extensive
`modifications of
`the Powertrain and Body/Chassis systems,
`including
`calibrations and controls. Supervised over 80 graduate and undergraduate
`theses in engineering.
`
`Developer & Instructor, Continuing Professional Development Programs.
`Develop & Teach continuing education short courses for industrial clients.
`Courses include, “Introduction to Heat Transfer with Applications Related to
`Vehicle Passenger Compartment Cooling,” and “Application of Fluid
`Mechanics to Vehicle Cooling Systems.”
`
`Instructor, SAE Continuing Professional Development Programs. Develop,
`Teach, and co-teach short courses in continuing professional development
`directed to automotive powertrain systems and controls, braking, handling,
`chassis, and exterior body systems for SAE at its headquarters and at company
`locations. Clients include engineers and managers from all major original
`equipment managers and suppliers, governmental regulatory agencies, and other
`professionals involved in the automotive industry world-wide.
`
`
`
`Spring 2003
`to Present
`
`Fall 2009
`to Present
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`Costco Exhibit 1103, p. 14
`
`

`
`Summer 1991
`To Present
`
`Winter 1995
`to Fall 1997
`
`
`Fall 1992
`to WI 1995
`
`
`Summer 1991
`to WI 1995
`
`
`Fall 1986
`to Summer
`1991
`
`
`Winter 1988
`to Fall 1988
`
`
`Spring 1987
`to 1999
`
`Engineering Consultant. As a licensed Professional Engineer in the State of
`Michigan (35473), I am actively engaged in a variety of engineering
`consultations with both governmental and industrial clients.
`Director, Master of Automotive Engineering Program and Associate Professor,
`Mechanical Engineering Department, Lawrence Technological University.
`Coordinated and taught graduate and undergraduate mechanical engineering
`courses. Master of Automotive Engineering program accomplishments include
`a complete restructuring of the program, moving from a “lockstep” model to a
`more traditional prerequisite model to better meet the needs of students.
`Advisor for 145 graduate and undergraduate project students. Faculty advisor
`to the FutureCar Program where we developed alternative vehicles capable of
`achieving dramatically higher fuel economy and lower emissions. This was
`accomplished
`through extensive Powertrain and Body/Chassis system
`modifications to an existing vehicle. Developed automated mechanical
`transmission (AMT) system for the hybrid electric powertrain. Also served as
`Laboratory manager for the Vehicle Dynamics Laboratory.
`
`Lecturer, Whiting School Evening Programs in Engineering & Applied Science,
`Johns Hopkins University. Taught mechanical engineering courses in the
`undergraduate program.
`
`Assistant Professor, Mechanical Engineering Department, United States Naval
`Academy. Coordinated and taught courses in the fluid and thermal sciences
`areas of mechanical engineering. Past Chairman (1994) of the dept. curriculum
`development committee. Laboratory manager for the Internal Combustion
`Engines and Power Systems laboratories. Faculty advisor for the USNA
`Society of Automotive Engineers (SAE). Project director for the following
`student projects: 1991-5 Hybrid Electric Vehicle (HEV) Challenge Vehicles,
`1996 Formula. The Hybrid Vehicles were developed by extensively modifying
`the Powertrain and Body/Chassis systems.
`
`Ph.D. Candidate & Graduate Asst., College of Engrg., U. of Michigan, Ann
`Arbor. Successfully defended Ph.D. dissertation (July 1991). Thesis:
`"Comprehensive Diagnostic Software for Engine Cycle Analysis". Minority
`Engineering Program Office Engineering tutor. Taught courses in Mechanical
`Engineering and mentored graduate student teaching assistants.
`
`Engineering Co-Op., Advanced Engineering, AC-Rochester Div., General
`Motors Corp. Developed IC engine models used to conduct parametric studies
`of the influence of EGR on emissions, valve timing effects, etc.
`
`Consulting Engineer & Partner, Intellec Systems, Inc. Developed computer
`software for industrial clients.
`
`Costco Exhibit 1103, p. 15
`
`

`
`
`Summers 1986
`to 1987
`
`
`Winter 1985
`to Spring
`1986
`
`Summer 1982
`to Winter
`1985
`
`
`Winter 1979
`to WI 1980
`
`
`Summer Intern, Advanced & Plant Engineering, AC-Rochester Div., General
`Motors Corporation. Developed computer-aided
`software system for a
`manufacturing plant. Developed software combustion model to predict flame
`temperature, pressure, and resultant NOx formation in a SI engine.
`
`Graduate Research Asst. with Drs. Bhatt and Wedekind, School of Engineering,
`Oakland University. Developed & utilized computer -aided data acquisition
`control and analysis software for heating system research.
`
`Associate Engineer, Production Dept., St. Clair Power Plant Detroit Edison Co.
`Responsible for operation and maintenance of two 150 MW turbo-generating
`units. Promoted to Plant Thermal Performance Engineer; duties included
`performance testing, analyzing results, and conducting monthly plant & area
`staff meetings.
`
`Engineering Technician, Testing & Evaluation Section, Motor Vehicle
`Emissions. Lab., EPA. Supervised testing, collected & analyzed data, and
`drove vehicle tests.
`
`
`Awards and Honors
`Patents
`♦ ENERGY CONSERVATION SYSTEMS AND METHODS, Jeffrey N. Yu, James W.
`Hill, Gregory W. Davis, U.S. Patent 8,639,430 B2, Publication date January 28, 2014.
`♦ ENERGY CONSERVATION SYSTEMS AND METHODS, Jeffrey N. Yu, Gregory W.
`Davis, Gwynn R. Williams, U.S. Patent 9,063,829 B2, Publication date June 23, 2015.
`
`
`Teaching Awards
`♦ 2004 Outstanding Teacher Award-Kettering University,
`♦ 1995 U. S. Naval Academy Mechanical Engineering Department Teaching Excellence
`Award,
`♦ 1994 SAE International Ralph R. Teetor Educational Award in Recognition of
`Significant Contributions to Teaching, Research and Student Development,
`♦ Outstanding Teaching Assistant Fellowship (U of Michigan, 1990),
`♦ Minority Engineering Program Tutor (U of Michigan, 1990),
`♦ Letters of Commendation from College of Engineering Dean for Excellence in Teaching
`(U of Michigan, 1990)
`
`
`Professional Society Honors
`♦ 2009 Small Engine Technology Conference, SAE and SAE of Japan, Certificate of
`Appreciation for significant contributions at the SETC conference,
`♦ 2006 SAE International Outstanding Section Member Award-Mid-Michigan Section in
`Recognition of Extraordinary Achievement by a Mid-Michigan Section Member,
`♦ 2006 American Society of Mechanical Engineers (ASME) recognition of long term
`membership
`
`Costco Exhibit 1103, p. 16
`
`

`
`♦ 2002 SAE International Award for Excellence in Oral Presentation- Powertrain & Fluid
`Systems Conference,
`♦ 1994 SAE Baltimore Section Recognition of Service Award for Outstanding Leadership
`as Section Activities Chair
`
`
`Advisory Boards & Directorships
`♦ Elected to the Society of Automotive Engineers (SAE) International Board of Directors
`(2007-2010),
`♦ Member of the Advisory Board, National Institute for Advanced Transportation
`Technology, Center for Clean Vehicle Technology, University of Idaho-Moscow, (2007-
`Present),
`♦ Chair, SAE International Engineering Education Board (2002-2005),
`♦ Member, SAE International Education Board (2010-2014),
`♦ Director, SAE International Publications Board (2005-2008)
`
`
`Professional Society Membership & Activities
`Tau Beta Pi, Pi Tau Sigma, American Society of Engineering Educators (Author and Reviewer),
`American Society of Mechanical Engineers (Author and Reviewer), Triangle Fraternity, Trustee
`and Vice-President-Triangle Fraternity Education Foundation (2001-2003), Institution of
`Mechanical Engineers (Reviewer- Journal of Automobile Engineering)
`Society of Automotive Engineers:
`♦ SAE International Board of Directors (Director, 2007-2010);
`♦ Education Board (Chair, 2002-2005; Member, 1994-present);
`♦ Publications Board of Directors (Director, 2005-2008);
`♦ Collegiate Design Series (formerly University Programs Committee) (Chair, 1998-2004,
`2011-2014; member, 1994-2009),
`♦ SAE Faculty Advisor (1992-95, 1998-present);
`♦ Ralph Teetor Committee (Chair-2012, 2004-present);
`♦ Member of Excellence in Engineering Education Award Committee;
`♦ Clean Snowmobile Challenge Faculty Advisor (2000-present),
`♦ A World in Motion Program Office (Member, 2003-2009);
`♦ Student Relations Chairman (1995-96),
`♦ Project Director for the 1991-5 Hybrid Electric Vehicle Challenges,
`♦ and the 1996 Formula Competition,
`♦ FutureCar Faculty Advisor (1996-97),
`♦ Ethanol Challenge Faculty Advisor (1998-2000),
`♦ Technical Paper Reviewer and Session Moderator
`
`
`Professional Consulting in Engineering Legal Proceedings:
`The following list summarizes my testimony with regard to professional consulting for engineering legal
`proceedings over the last four years.
`
`
`♦ Consulting Expert, Westerman Hattori Daniels & Adrian, LLP, 2015 to 2016, provided Hearing
`& Deposition testimony
`o Hired expert witness on behalf of Complainants Trico Corporation, Trico Products Corp.
`
`Costco Exhibit 1103, p. 17
`
`

`
`§
`
`In the Matter of CERTAIN WINDSCREEN WIPERS AND COMPONENTS
`THEREOF, Inv. No. 337-TA-964, before the Honorable David P. Shaw,
`Administrative Law Judge of the United States International Trade Commission,
`Washington, D.C.
`♦ Consulting Expert, Hughes Hubbard & Reed LLP, 2015 to present, provided Declarations &
`Deposition Testimony
`o Hired on behalf of Defendants, CostCo Wholesale Corp.
`§ Robert Bosch LLC, Plaintiff, v. Alberee Products, Inc., Api Korea Co., Ltd.,
`Saver Automotive Products, Inc., And Costco Wholesale Corporation,
`Defendants. C.A. No. 12-574 (LPS), The United States District Court for The
`District of Delaware
`§ Costco Wholesale Corporation, Petitioner, v. Robert Bosch LLC, Patent
`Holder, IPR Case Nos. Case IPR2016-00042; Case IPR2016-00035;
`IPR2016-00039; IPR2016-00038; IPR2016-00034; IPR2016-00036;
`IPR2016-00040; and IPR2016-00041
`♦ Consulting Expert, Howard & Howard, LLP, 2015, provided Hearing & Deposition testimony
`o Hired expert witness on behalf of Respondents Trico Corporation, Trico Products and
`Trico Components SA de CV
`§ Re: Certain Windshield Wipers and Components Thereof, Inv. No. 337-TA-
`928, 937 (consolidated), before the Honorable Thomas B. Pender,
`Administrative Law Judge of the United States International Trade Commission,
`Washington, D.C.
`
`♦ Consulting Expert, Fish & Richardson P.C., 2014 to Present, provided Declaration & Deposition
`testimony
`o Hired on behalf of the Petitioners Arctic Cat, Inc., USA, in support of the Petitions for
`Inter Partes Review of U.S. Patent Nos. 8,827,028 B2; 8,746,719 B2; and 8,596,405 B2.
`§ Arctic Cat Inc., Petitioner, V. Polaris Industries, Inc., Patent Holder, IPR Case
`Nos. 2014-001427 and 2014-001428 (8,596,405); IPR2015-01788 and IPR2015-
`01789 (8,746,719); IPR2015-01781 and IPR2015-01783 (8,827,028)
`♦ Consulting Expert, Brooks & Kushman, P. C., 2013 to 2016, provided Deposition testimony
`o Hired on behalf of the Petitioners Ford Motor Company, USA, in support of the Petitions
`for Inter Partes Review of U.S. Patent No. 7,318,414
`§ FORD MOTOR COMPANY, Petitioner, V. TMC FUEL INJECTION SYSTEM,
`LLC, Patent Holder, IPR Case Nos. 2014-00272, 2014-00273
`
`
`♦ Consulting Expert, Brooks & Kushman, P. C., 2013 to 2016, provided Deposition testimony
`o Hired on behalf of the Petitioners Ford Motor Company, USA, in support of the Petitions
`for Inter Partes Review of U.S. Patent Nos. 7,104,347 & 7,237,634:
`§
`IPR Case Nos. 2014-00571, 2014-00579, 2014-00884, 2014-00904, 2014-01416,
`2014-00800, 2015-00794, 2015-00795,2015-00758, 2015-00787, 2015-00722,
`2015-00784, 2015-0791, 2015-00790
`♦ Consulting Expert, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, 2014, provided Deposition
`and Hearing testimony
`
`
`
`Costco Exhibit 1103, p. 18
`
`

`
`o Hired expert witness on behalf of Plaintiffs Trico Corporation, Trico Products and Trico
`Components SA de CV
`§ Re: Certain Windshield Wiper Devices and Components Thereof, Inv. No.
`337-TA-902, before the Honorable Charles E. Bullock, Chief Administrative
`Law Judge of the United States International Trade Commission, Washington,
`D.C.
`♦ Consulting Expert, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, 2013 to 2014, provided
`Deposition & Hearing testimony
`o Hired expert witness on behalf of Respondents Trico Corporation, Trico Products and
`Trico Components SA de CV
`§ Re: Certain Windshield Wiper Devices and Components Thereof, Inv. No.
`337-TA-881, before the Honorable Charles E. Bullock, Chief Administrative
`Law Judge of the United States International Trade Commission, Washington,
`D.C.
`♦ Consulting Expert, Brooks & Kushman, P. C., 2011 to 2013, provided Deposition testimony
`o Hired on behalf of the Defendants Corea Autoparts Producing Corporation, CAP
`America Corporation, Inc., and PIAA Corporation, USA
`§ CERTAIN WIPER BLADES, Investigation No. 337-TA-816, before the Honorable
`Charles E. Bullock, Chief Administrative Law Judge of the United States
`International Trade Commission, Washington, D.C.
`Publications (Last ten years):
`
`Technical and Text Books
`♦ Davis, G. W., Hoff, C. J., Borton, Z., Ratcliff, M. A., “Legacy Vehicle Fuel System
`Testing with Intermediate Ethanol Blends,” National Renewable Energy Laboratory,
`Technical Report NREL/TP-5400-53606, March 2012
`♦ Davis, G. W., “Using E85 in Vehicles,” Chapter 9, Alcoholic Fuels, CRC Press Taylor &
`Francis Group, ISBN-10 0-8493-3944-8, ISBN-13 978-0-8493-3944-8, Minteer, S.
`Editor, 2006 (Invited Chapter).
`♦ Hoff, C. J., and Davis, G. W., “Introduction to Automotive Powertrains,” Kettering
`University, 2000.
`♦ Davis, G. W., Editor for World Book Encyclopedia, Various Automotive Articles, 2012-
`present.
`
`
`Refereed and Reviewed Publications
`♦ Davis, G. W., “Motivating Students with Bio-fuel Student Engineering Competition
`Projects,” Paper 2016.1196, 19th International Conference on Interactive Collaborative
`Learning and Engineering Pedagogy, also Published in ICL2016 "Advances in Intelligent
`Systems and Computing," Editor: M. Auer, et al, Springer, ISSN: 2194-5357, 2016.
`♦ Davis, G. W., “Addressing Concerns Related to the Use of Ethanol-Blended Fuels in
`Marine Vehicles,” Paper 2016.0321, 2nd Sustainable Development of Energy Water and
`Environment Systems (SDEWES), South East Europe (SEE) Conference, 2016.
`
`Costco Exhibit 1103, p. 19
`
`

`
`♦ Davis, G. W., “What Is The Role For Collegiate Design Competitions In A Multi-
`Discipline, Diverse World?” Paper No. 1216, EDUCON 2015, Global Engineering
`Education Conference, Institute of Electrical and Electronics Engineers (IEEE), 2015.
`♦ Birt, M., and Davis, G. W., “Developing Best Available Technology in a Flex-Fuel
`Snowmobile by Using a Lean-Burn Miller Cycle,” Paper No. JSAE 20139176 / SAE
`2013-32-9176, Society of Automotive Engineers, 2013.
`♦ Hoff, C. J., Aurandt, J., O’Toole, M. R., and Davis, G. W., “Motivating Student Learning
`Using Biofuel-based Activities,” Paper No. AC 2013-7533, American Society of
`Engineering Educators, 2013.
`♦ Hoff, C. J., Davis, G. W., and Hoff, K., “A Peer-Tutor’s Perspective On Peer-Tutoring In
`Thermodynamics,” Paper No. AC 2012-3581, American Society of Engineering
`Educators, 2012.
`♦ Hoff, K., Davis, G. W., and Hoff, C. J., “A Peer-Tutor’s Perspective On Peer-Tutoring In
`Thermodynamics,” Paper No. 174, World Engineering Education Forum (WEEF), 2012.
`♦ Davis, G. W., Hoff, C, J., Riffe, W.J., “Incorporating Entrepreneurship into Mechanical
`Engineering Automotive Courses: Two Case Studies,” Technical Paper No. 279,
`European Society for Engineering Education (SEFI), 1st World Engineering Education Flash
`Week, 2011.
`♦ Davis, G. W., Hoff, C, J., Riffe, W.J., “Incorporating Entrepreneurship into Mechanical
`Engineering Automotive Courses: Two Case Studies,” Paper No. AC2011-2443,
`American Society of Engineering Educators, 2011.
`♦ Davis, G. W., Lazorcik, G., “Development of a Flexible Fueled Snowmobile Operating
`on Ethanol Blended Gasoline for the 2010 SAE Clean Snowmobile Challenge,