`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Costco Wholesale Corporation
`Petitioner
`
`v.
`
`Robert Bosch LLC
`Patent Owner
`
`
`
`U.S. Patent 8,099,823
`
`
`DECLARATION OF DANIEL H. KRUGER
`
`
`
`1. My name is Daniel H. Kruger. My business address is Demonstratives,
`
`now part of Engineering Systems, Inc., 2321 North Loop Drive, Suite
`
`201, Ames, Iowa 50010 ("DI"). I was awarded a Ph.D. in Aerospace
`
`Engineering and Engineering Mechanics from Iowa State University in
`
`1995. I was awarded a M.S. in Aerospace Engineering and Engineering
`
`Mechanics from Iowa State University in 1992. I was awarded a B.S.
`
`degree in Physics and Mathematics from Morningside College in 1989.
`
`My undergraduate and graduate education in Engineering Mechanics
`
`included
`
`training
`
`in
`
`the reading of
`
`two-dimensional engineering
`
`drawings, such as patent drawings, and in the use of computer-aided-
`
`
`
`
`66810975_1
`
`Costco Exhibit 1016, p. 1
`
`
`
`
`
`design (“CAD”) technology to create three-dimensional representations
`
`of objects depicted in two-dimensional engineering drawings. I have
`
`personal knowledge of the matters stated in this declaration.
`
`2. Annexed hereto as appendices are 7 computer files. These consist of 2
`
`computer animations in the “mpeg” format and 5 files in the pdf format.
`
`3. I personally supervised the creation of the contents of these computer
`
`animations. They were created using SolidWorks, 3D Studio Max, and
`
`AVID. SolidWorks is a commercially available 3D CAD software
`
`program, 3D Studio Max is a commercially available 3D animation
`
`software program and AVID is a commercially available video and sound
`
`editing software program, all three of which are commonly used for
`
`scientific and engineering applications.
`
`4. I also personally supervised the creation of the contents of these pdf files.
`
`They were created using still images extracted from the same models
`
`used to create the computer animations. The still images were compiled
`
`with Microsoft PowerPoint and text was added alongside.
`
`5. In supervising the creation of the file that is Appendix A entitled
`
`“Appel_Prohaska.mpeg” I studied the following documents: (a) U.S.
`
`Patent No. 3,192,551 to Appel (the “Appel Patent”), and (b) U.K. Patent
`
`No. G.B. 2,106,775 to Prohaska et al. (the “Prohaska Patent”).
`
`66810975_1
`
`- 2 -
`
`Costco Exhibit 1016, p. 2
`
`
`
`
`
`6. The file that is Appendix A is entitled “Appel_Prohaska.mpeg” includes
`
`true and accurate representations of a wiper assembly disclosed in Figure
`
`5 of the Appel Patent and true and accurate representations of a wiper
`
`assembly disclosed in Figure 3 of the Prohaska Patent.
`
`7. In supervising the creation of the file that is Appendix B entitled
`
`“Hoylerl_Prohaska.mpeg” I studied
`
`the following documents: (a)
`
`German Patent No. D.E. 1,028,896 (the “Hoyler Patent”), and (b) U.K.
`
`Patent No. G.B. 2,106,775 to Prohaska et al. (the “Prohaska Patent”). The
`
`resultant form is called the “Hoyler-Prohaska model”.
`
`8. The file that is Appendix B is entitled “Hoyler_Prohaska.mpeg” includes
`
`true and accurate representations of a wiper assembly disclosed in Figure
`
`1 of the Hoyler Patent and true and accurate representations of a wiper
`
`assembly disclosed in Figure 3 of the Prohaska Patent.
`
`9. The remaining Appendices contain a set of pdf files that present claim
`
`language alongside highlighted elements of the Hoyler-Prohaska model.
`
`These were created with the same software as the animations and the text
`
`was added with Microsoft PowerPoint. The files are named according to
`
`the patent abbreviation and claim (e.g. 823_Claim 01.pdf).
`
`66810975_1
`
`- 3 -
`
`Costco Exhibit 1016, p. 3
`
`
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`10. The appended pdf files are true and accurate representations of the
`
`Hoyler-Prohaska model and the text alongside is a true and accurate
`
`representation of the indicated claim language.
`
`Dated: October
`
`i
`
`,20l5
`
` By: Daniel H. Kruger
`
`66810957_1
`
`Costco Exhibit 1016, p. 4
`
`Costco Exhibit 1016, p. 4
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