UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COSTCO WHOLESALE CORPORATION,
`Petitioner,
`
`v.
`
`ROBERT BOSCH LLC,
`Patent Owner.
`____________
`
`Case IPR2016-00036
`Patent 6,944,905
`
`SECOND DECLARATION OF DR. GREGORY W. DAVIS
`
`
`
`
`
`
`
`
`
`Costco Exhibit 1102, p. 1
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`I.
`
`INTRODUCTION
`
`I, Dr. Gregory W. Davis, hereby declare the following:
`
`1.
`
`I previously prepared a declaration in support of the unpatentability of
`
`U.S. Patent No. 6,944,905 (the “’905 Patent”), which I understand was submitted
`
`as Exhibit 1007 to Costco Wholesale Corporation’s Petition for Inter Partes
`
`Review of U.S. Patent No. 6,944,905 (Paper No. 1) (the “Petition”).
`
`2.
`
`I understand that inter partes review was instituted on the ground of
`
`whether claims 13, 17, and 18 of the ’905 Patent would have been obvious under
`
`35 U.S.C. § 103(a) in view of GB 2,106,775 to Prohaska (Ex. 1003; “Prohaska”)
`
`and DE 1,028,896 to Hoyler (Ex. 1004; “Hoyler”). See Institution Decision (Paper
`
`No. 16) (the “Decision”).
`
`3.
`
`I have reviewed the Decision (as well as institution decisions in the
`
`parallel proceedings for inter partes review in which I have submitted
`
`declarations), Patent Owner’s Response to the Petition (Paper No. 28) (the
`
`“Response”), as well as the Exhibits to that Response, including the Declaration of
`
`Dr. Dubowsky (Ex. 2003).
`
`4.
`
`In performing my analysis I have considered the claims of the ’905
`
`Patent, any differences between the claimed subject matter and the prior art patents
`
`and printed publications identified in my first declaration (Ex. 1007 ¶¶ 2–3), and
`
`the level of ordinary skill in the art of the ’905 Patent as of not later than May 29,
`
`
`
`1
`
`Costco Exhibit 1102, p. 2
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`2000, which I understand is the filing date of the German application to which the
`
`’905 Patent claims priority.
`
`5.
`
`Furthermore, in forming my opinions, I considered and relied upon
`
`the contents of the patents and printed publications discussed below. In interpreting
`
`and explaining the contents of these patents and printed publications, I relied on
`
`my educational background, industry work experience, and teaching experience as
`
`set forth in my earlier declaration. See Ex. 1007 ¶¶ 4–12. A current version of my
`
`curriculum vitae is attached hereto as Appendix A. Even under Patent Owner and
`
`Patent Owner’s expert’s definition, I believe I qualify as a person of ordinary skill
`
`in the art.
`
`II. ANALYSIS AND OPINIONS
`
`6.
`
`I have the following comments in response to Dr. Dubowsky’s
`
`declaration (Ex. 2003) and Patent Owner’s Response.
`
`A. A Person of Ordinary Skill in the Art Would Have Understood
`that Wind-Lift is Created by the Inverted Triangular Profile of a
`Wiper Strip Common to Flat-Spring and Conventional Wipers,
`and the ’905 Patent Acknowledges that the Prior Art Recognized
`That Wind-Lift in Flat-Spring Wipers Can Be Addressed by
`Adding a Spoiler
`
`7.
`
`In my earlier declaration, I discussed Prohaska and Hoyler, and
`
`expressed my opinion that claims 13, 17, and 18 of the ’905 Patent would have
`
`been obvious to a person of ordinary skill in the art over the combination of Hoyler
`
`
`
`2
`
`Costco Exhibit 1102, p. 3
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`and Prohaska. See Ex. 1007 ¶¶ 17, 26–27, 33–58.
`
`8.
`
`As I discussed in my first declaration, wind-lift poses the same
`
`problem for flat-spring wipers as it does for conventional ones. See Ex. 1007 ¶ 27.
`
`The ’905 Patent describes the problem of “airflow-induced tendency . . . to lift up .
`
`. .” the wiper from the windshield. ’905 Patent, 1:28–30. DE 19736368 to Merkel
`
`(Exs. 1011, 1012; “Merkel”),1 published February 25, 1999, discloses a wiper
`
`having a flat-spring support element, a wiper strip, and a triangular spoiler for
`
`counteracting the “liftoff tendency,” and the ’905 Patent expressly acknowledges
`
`this disclosure. Merkel, 2:62–3:29, 3:31–38, 3:54–4:9, figs. 1, 3, 4; ’905 Patent,
`
`1:6–40.
`
`9.
`
`Thus, Bosch’s position that “wind liftoff” was not a “recognized
`
`problem” in flat-spring wipers (Response, 10; Ex. 2003 ¶¶ 59–60, 65) is contrary
`
`to the ’905 Patent’s own teachings.
`
`10.
`
` Furthermore, U.S. Patent No. 3,418,679 to Barth et al. (Exs. 1016,
`
`2009; “Barth”), granted in 1966, teaches that the “airflow induced tendency . . . to
`
`lift up” referred to in the ’905 Patent is caused by the point-down triangular shape
`
`of a wiper’s rubber wiper strip:
`
`1 U.S. Patent No. 6,292,974 (Ex. 1012) is the U.S. counterpart to DE 19736368,
`
`and citations to “Merkel” herein are made to the U.S. patent.
`
`
`
`3
`
`Costco Exhibit 1102, p. 4
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`
`FIGS. 3 and 4 respectively illustrates the theory of air flow and
`lift-off forces as it pertains to the prior-art;
`* * *
`Discussing now these figures in detail, it will be seen that
`FIG. 3 shows the air flow and the static pressure conditions with
`respect to a wiper having the customary so-called “pine tree” profile.
`It is clearly evident that in the direction of air flow-impingement a
`zone of static overpressure is generated on that lateral side of the
`blade which faces the air flow, whereas a zone of static underpressure
`is present on the lateral side facing away from the air flow as well as
`on the back of the blade which is located remote from the windshield.
`The arrows indicating air flow clearly show how the forces generated
`in this construction tend to lift the blade away from the windshield.
`This is shown in still more detail in FIG. 4 where for purposes
`of simplicity the profile, which has been identified in FIG. 3 as a
`“pine tree” profile has been shown as a triangle standing on edge with
`its base remote from the windshield. It is evident from FIG. 4 how the
`lift-off forces act against the lateral faces of the blade. The zone of
`static overpressure located on the lateral side onto which the air flow
`impinges results in an upwardly directed pressure P1, while the zone
`of underpressure on the other lateral side of the blade results in a
`the same
`downwardly directed pressure P2 of approximately
`magnitude. A third force, the lift-off force P3, acts on the back of the
`blade. For the purposes of the present consideration only the vertical
`components of the forces P1 and P2 are of importance and a
`consideration of these vertical components readily establishes that
`
`
`
`4
`
`Costco Exhibit 1102, p. 5
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`
`they negate one another. Thus, the force acting to lift the wiper away
`from the Windshield is the force P3 acting on the back of the wiper.
`
`
`
`Barth, 2:52–53, 4:8–39 (emphasis added). Barth specifically describes the “lift-off
`
`force” as resulting from the wiper strip’s “pine tree” or “inverted triangle” profile.
`
`11.
`
`In light of the Barth teachings described above, as of more than one
`
`year prior to the filing date of the ’905 Patent, it was known in the art of that patent
`
`that a wiper whose wiper strip has an inverted triangular cross-section generates
`
`pressures at high vehicle speeds that cause it to lift off from a windshield. See
`
`Barth, 1:33–54 (“Such pressure differences become effective on the windshield
`
`wiper in the form of a force whose action on the type of windshield wiper known
`
`from the prior art, namely the type whose cross section decreases in direction
`
`towards the windshield, results in a tendency to lift the wiper from the
`
`windshield.”) (emphasis added).
`
`12. As of more than one year prior to May 29, 2000, it would have been
`
`clear to a person having ordinary skill in the art that Barth’s analysis of wind-lift
`
`forces applies generally to wiper strips having an inverted-triangle profile, and that
`
`
`
`5
`
`Costco Exhibit 1102, p. 6
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`those forces are generated irrespective of whether such wiper strips are carried by a
`
`flat-spring or a conventional-style support structure.
`
`13. The ’905 Patent’s inventors were not, therefore, the first to recognize
`
`the problem of wind-lift in wipers with this wiper strip profile. The inverted-
`
`triangle wiper strip profile is illustrated in all the prior art flat-spring and
`
`conventional wiper patents I reviewed in connection with this proceeding, and a
`
`person of ordinary skill would have recognized that wind-lift would be generated
`
`in each of these wipers. See, e.g., Hoyler, fig.1, cross-sections A-A, B-B, C-C (flat-
`
`spring); Prohaska, figs. 1–5 (conventional); Barth, figs. 2–13 (conventional);
`
`Merkel, figs 3–4 (flat-spring); Ex. 1010, figs. 1–6, 9 (flat-spring); Ex.1014, figs. 4–
`
`6, 13–21, 28–30 (conventional); Ex. 1015, fig. 1 (conventional).
`
`14. Dr. Dubowsky expresses his view that a person of ordinary skill
`
`“would have thought the lift off problem is a result of having too high a profile,”
`
`and states that “Prohaska ’775 states that the lift results from the yoke.” Ex. 2003
`
`¶ 60 (citing Prohaska, 1:8–11). But the section of Prohaska cited by Dr. Dubowsky
`
`(“As is known the air stream striking the wiper blade laterally produces a lifting
`
`force at the supporting structure . . .”) (emphasis added) is consistent with the
`
`analysis in Barth, and a person of ordinary skill would understand that liftoff is
`
`applied at the supporting structure, not produced by that structure. Furthermore,
`
`nothing in Prohaska suggests that the yoke is the source of the liftoff tendency—in
`
`
`
`6
`
`Costco Exhibit 1102, p. 7
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`fact, Prohaska describes the prior art as including yokes modified to solve the
`
`liftoff problem. Prohaska, 1:16–29.
`
`15. A person of ordinary skill in the art seeking to solve the well-known
`
`problem of wind-lift would have turned to well-known methods of solving that
`
`problem, such as adding a spoiler.
`
`B. A Person of Ordinary Skill in the Art Would Have Understood
`That Weight and Rigidity Are Factors in Flat-Spring Wiper
`Design
`
`16. Hoyler taught that the design of flat-spring wiper should be designed
`
`so “[t]he weight of the moving parts can be largely reduced,” and that a “rubber or
`
`elastic plastic” component can be used above the metal flat springs. Hoyler, cols.
`
`1, 2.
`
`17. Merkel explained that a flat-spring wiper’s pressure distribution will
`
`not be impaired if its spoiler is less rigid than its wiper strip. See Merkel, 2:30–35.
`
`18.
`
`I note that, contrary to Dr. Dubowsky’s view (Ex. 2003 at ¶¶ 25, 58,
`
`65), in describing the use of a flat-spring (rather than a yoke) to support a wiper,
`
`neither Hoyler nor Merkel mention that flat-spring wipers are “sensitiv[e]” or
`
`“greatly affected by small changes” to their structure. See Hoyler, cols. 1–2;
`
`Merkel, 1:24–52, 2:3–15, 2:30–37. Similarly, in teaching to use a hollow spoiler,
`
`rather than the solid spoiler of Merkel, the ’905 Patent has no discussion of this
`
`supposed property of flat-spring wipers. ’905 Patent, 1:49–52, 1:61–64, 3:15–29,
`
`
`
`7
`
`Costco Exhibit 1102, p. 8
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`6:21–35. Thus, there is nothing to support Dr. Dubowsky’s statements that the
`
`prior art teaches that flat-spring wipers were so sensitive that adding structures
`
`would have been difficult or beyond the capabilities of a person of ordinary skill,
`
`and both Merkel and the ’905 Patent both teach that it can be done without
`
`explaining how to account for this so-called sensitivity. I expect this is because
`
`such an explanation was unnecessary, as persons of ordinary skill would have
`
`expected that the metal flat springs of a flat-spring wiper would behave like any
`
`similarly sized and shaped metal structures, which were commonly analyzed,
`
`understood, and used in design. In my view, a person of ordinary skill in the art
`
`would have understood and been able to calculate the relative stiffness and bending
`
`behavior under load of the various components of wipers based on their cross
`
`sections and material properties using elementary beam equations that were widely
`
`known in the engineering disciplines.
`
`19.
`
`In particular, a person of ordinary skill would have known how to
`
`calculate the relative stiffness and bending properties of different spoilers and flat-
`
`springs and, given the teachings of Prohaska and Hoyler, would have been able to
`
`select their materials and cross-sections in designing a wiper.
`
`20.
`
`I agree with the Board (in a parallel proceeding relating to U.S. Patent
`
`No. 6,292,974) that a person of ordinary skill “would know how to vary the spring
`
`element when incorporating the added stiffness of the spoiler so that the desired
`
`
`
`8
`
`Costco Exhibit 1102, p. 9
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`force distribution is achieved.” IPR2016-00038, Institution Decision, Paper No. 16,
`
`at 14. Nothing in Dr. Dubowsky’s declaration convinces me to disagree with the
`
`Board’s view.
`
`III. CONCLUSION
`
`21.
`
` I reserve the right to elaborate and/or amend the opinions expressed
`
`herein in response to positions taken by Robert Bosch LLC and by experts retained
`
`on its behalf. To amplify what is stated above, where necessary, and especially in
`
`view of information not presently known to me or new information presented by
`
`Robert Bosch LLC’s experts prior to the Board’s decision, I reserve the right to
`
`supplement and/or amend this declaration should additional information be brought
`
`to my attention during the course of this proceeding.
`
`22.
`
`In signing this declaration, I understand that the declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of
`
`the United States Patent and Trademark Office. I acknowledge that I may be
`
`subject to cross-examination in the case and that cross-examination will take place
`
`within the United States. If cross-examination is required of me, I will appear for
`
`cross-examination within the United States during the time allotted for cross-
`
`examination.
`
`23.
`
`I declare further that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`
`
`9
`
`Costco Exhibit 1102, p. 10
`
`

`
`IPR2016-00036
`DECLARATION OF DR. GREGORY W. DAVIS
`
`believed to be true.
`
`
`
`I, DR. GREGORY W. DAVIS, hereby declare under the penalty of perjury that the
`
`foregoing is true and correct.
`
`
`
`Dated: 10/24/2016
`
`
`
`
`Dr. Gregory W. Davis
`
`
`
`
`
`10
`
`Costco Exhibit 1102, p. 11
`
`

`
`
`
`APPENDIX A
`
`APPENDIX A
`
`Costco Exhibit 1102, p. 12
`
`

`
`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
`
`Costco Exhibit 1102, p. 13
`
`

`
`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 1102, p. 14
`
`

`
`
`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 1102, p. 15
`
`

`
`♦ 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 1102, p. 16
`
`

`
`§
`
`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 1102, p. 17
`
`

`
`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 1102, p. 18
`
`

`
`♦ 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,”
`Technical Paper No. 2010SETC-0157/2010-32-0083, Society of Automotive Engineers,
`2010.
`♦ Hoff, C. J., and Davis, G. W., “The Effect of Using Ethanol-blended Gasoline on the
`Performance and Durability of Fuel Delivery Systems in Classic Automobiles,”
`Technical Paper No. 2010-01-2135, Society of Automotive Engineers, 2010.
`♦ Baker, A., and Davis, G. W., “Development of the Kettering Universit