PUBLIC VERSION (NON-CONFIDENTIAL)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION,
`Petitioner
`
`
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`
`Case IPR2016-00449
`Patent 8,924,506 B2
`
`DECLARATION OF MR. ISAAC LEVANON
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`
`
`
`
`
`
`
`Exhibit 2072
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00449
`1
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION,
`Petitioner
`
`
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`
`Case IPR2016-00449
`Patent 8,924,506 B2
`
`DECLARATION OF MR. ISAAC LEVANON
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 2072
`Bradium Technologies LLC - patent owner
`Microsoft Corporation - petitioner
`IPR2016-00449
`1
`
`
`
`Declaration of Mr. Isaac Levanon
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`I, Isaac Levanon, declare as follows:
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`l.
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`I am a named inventor on U.S. Patent Nos. 7,908,343 ('343 Patent)
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`and 8,924,506 ('506 Patent) both named "Optimized Image Delivery Over Limited
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`Bandwidth Communication Channels." Ex. 1 001; Ex. 1002. Both of these patents
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`claim priority to six provisional patent applications filed on December 27, 2000:
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`U.S. Provisional Application Nos. 60/258,488, 60/258,489 60/258,465,
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`60/258,468, 60/258,466, and 60/258,467.
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`2.
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`I am also a named inventor on U.S. Patent Nos. 7,644,131 ('131
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`Patent), which is the parent patent to the '343 Patent, and 9,253,239 ('239 Patent),
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`named "Optimized Image Delivery Over Limited Bandwidth Communication
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`Channels," which share substantially the same specification.
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`3.
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`From approximately 2000 until2010, I formed companies to
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`commercialize the technology claimed in the abovementioned patents. These
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`companies included FlyOver Technologies, Inc. ("FlyOver") and later 3DVU Inc.,
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`both of which I headed as Chairman and ChiefExecutive Officer. I will refer to
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`the companies that I formed to commercialize the technology collectively as
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`"3DVU''. I will refer to the technology that is claimed in the '343 and '506 patents
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`as the "3DVU technology" or "the invention(s)." All of the 3DVU's products
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`described in this declaration embody the 3DVU technology.
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`/~
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`2
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`Declaration of Mr. Isaac Levanon
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`4.
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`At the time Flyover and later 3DVU, Inc., were founded, the 3DVU
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`team included my co-inventor Yoni La vi and me. Y oni assisted in developing
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`source code related to the 3DVU technology.
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`5.
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`I understand that the Patent Trial and Appeal Board ("PT AB") has
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`instituted review of the '343 and '506 patents based on Microsoft's requests.
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`6.
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`I submit this declaration to describe my experience in
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`commercializing the 3DVU technology.
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`I.
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`BACKGROUND
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`7.
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`I have attended the University of Houston from 1980 to 1984
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`majoring in Science in Industrial Engineering. l also later graduated from the
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`Executive Development Program at Rice University -Jesse H. Jones Graduate
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`School ofBusiness.
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`8.
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`Since serving as a pilot in the Israel Air Force, I have spent the
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`majority of my career creating and developing computer and software technology
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`based companies, primarily as an inventor and entrepreneur. It was my focus on
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`General Aviation that Jed me to develop the technology disclosed in the '343 and
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`'506 patents.
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`2
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`3
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`Declaration of Mr. Isaac Levanon
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`9.
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`As a pilot I experienced the concept of an airfield traffic pattern,
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`which is a standard path followed by aircraft when taking off or landing while
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`maintaining visual contact with the airfield. At that time, the traffic pattern had to
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`be navigated through paper graphic illustration and kept in books with directions,
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`such as the Jeppesen approach plates. This problem was particularly important for
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`General Aviation pilots who were frequently landing at an airfield that was not
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`familiar to them.
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`10.
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`I decided to work on improving this process by creating central
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`website for General Aviation (GA) Pilots that will be centered around an aerial
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`photographical display of the airfield that would enable a "flyover" experience, in
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`which the pilot would see the exact pattern of landing and taking off in a 3D view
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`over an aerial or satellite photograph of the airfield. This would allow General
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`Aviation pilots to become comfortable in landing and flying in areas that before
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`were only visible on a paper graphic illustration in 2D top view only.
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`11. Additionally, I thought 3D view could also provide General Aviation
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`pilots with other relevant information and needs, such as where they could refuel,
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`buy or lease an airplane, or find a hotel or rent a car close to the airport.
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`Declaration of Mr. Isaac Levanon
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`12.
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`I initially created a product called GAcental.com (General Aviation
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`Central) and sought funding of this project. However, I realized that the market
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`was small, and that it would take time for education of and implementation by the
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`aircraft industry. The dot-com era crash also made me think about applications for
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`a "flyover" experience outside of aviation.
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`13.
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`I came to realize that the whole world could benefit from seeing maps
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`in 3D on multiple devices and for multiple purposes.
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`14. My co-inventor and I then worked on developing these concepts. AB
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`a result, we filed the six provisional patent applications referred to above on
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`December 27, 2000.
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`15.
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`Prior to our invention, I already had substantial experience in the
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`computer industry.
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`16.
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`From 1980-1985 I was a Vice President of Sales for publicity traded
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`computer chain stores- Computer Craft. From 1985-19871 was a Vice President
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`of Marketing and Advertising at Leading Edge, which produced and marketed the
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`Model D Personal Computer, an IBM clone computer that was labeled "the King
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`ofthe Clone".
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`17. On September 8, 1988, I rece.ived my first patent- "Modular
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`Computer System With Portable Travel Unit," is U.S. Patent No. 4,769,764.
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`4
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`5
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`Declaration of Mr. Isaac Levan on
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`18.
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`In 1986 I launched Comet Corp., the first marketer of a Personal
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`Facsimile System fax machine.
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`19.
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`In 1987 I became a Founder and Chief Executive Officer of Arche
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`Technologies, a U.S. manufacturer of high perfonnance and awards winning
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`personal computers and the first to provide a two-year warranty, unlike other
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`computers at that time.
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`20.
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`In 1990 I launched Relabel Products, the first manufacturer of Private
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`Label Personal Computers and peripherals for computer retail stores nationwide.
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`This allowed any computer retailer to have its own brand of personal computers at
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`a fraction of the cost charged by the popular brands.
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`21.
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`In the rnid-l990s I started designing multimedia live video PC-based
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`board level solutions for video editing, information centers and kiosks at In-Motion
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`Technologies. Picture Perfect was the first true color frame grabber video card
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`offering true colors in both the video and the PC graphics for consumers.
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`22.
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`In 1995 I was Executive Vice President ofTeleVideo Inc. and was
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`elected a member of the Board. TeleVideo Inc. was a publicly-traded company
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`that produced computer terminals and built portable and personal computers.
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`6
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`Declaration of Mr. Isaac Levanon
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`23.
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`In 1996 I founded Eureka, where my team and I worked on
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`developing the first in-home multimedia solution (similar to today's Apple TV and
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`Google Chromecast) with an adaptive indoor antenna to overcome in-home wave
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`propagation. This invention was patented as U.S. Pat. No. 6,573,876, titled
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`"Printed Circuit Board Antenna" and received approximately $4.5 million joint
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`investment from Creative Labs and Binational Industrial Research and
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`Development Foundation ("BIRD") for further improvements.
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`24. Thus, I already had substantial experience in the computer industry
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`before working on the development of the JDVU technology.
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`ll.
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`3DVU TECHNOLOGY
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`25.
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`Several declarations that were submitted during prosecution of
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`the '131 Patent and another related patent, U.S. Patent No. 7, 139,794 (' 794
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`Patent"), illustrate a working model and working product that embodied the 3DVU
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`technology.
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`6
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`7
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`Declaration of Mr. Isaac Levanon
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`26. During the prosecution of the '131 Patent, I, along with co-inventor
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`Yoni, submitted two declarations. Exhibits 2064 and 2065 are true and correct
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`copies of those declarations. Exhibit 2064 is a declaration that I signed on
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`September 24, 2005 that includes a Zip drive directory which shows the files with
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`the program constituting the invention. See Ex. 2064 pp. 2, 4-5. These files were
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`dated prior to October 1999. The declaration also included a 4-page description of
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`FlyOver Technology High Level Design, dated June 2000. Exhibit 2065 is a
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`declaration that I signed on December 27, 2006 that includes Exhibits A-H.
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`27. Exhibit E to this declaration illustrates that the preprocessor
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`subdivides the image into a quad-tree of compressed images; these images are
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`screenshots captured by running the application as of late 1999. In this declaration
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`we further explained that the process can be described as fragmentation of each
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`level in a multi-resolution format to a grid of compressed images, where each of
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`these images are of size 64 by 64 pixels, with 16 bits-per-pixel (8KB) packed to
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`2KB using fiXed ratio compression as is explained in the patent application (see
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`Exhibit F).
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`7
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`8
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`Declaration of Mr. Isaac Levanon
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`28.
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`The viewer (client) used the method described in the' 131 patent
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`application to stream data from this compressed image database over narrowband
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`communication, and the client included a 3D renderer that provided views of the
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`image from an arbitrary location with full maneuverability control by the user.
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`Exhibits H portrays the progressive building of the picture parcels from pixel tiles
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`until the image reaches its full resolution. (See also Exhibit 19 at 13-14.) Exhibits
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`E, F, and G also illustrate compression, described in the patent application, as well
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`as the packet data streaming over a communication network. Additionally, the
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`evaluation and computation of priority is described in, for example, Exhibit 2020
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`at 2/110-3/110.
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`29. During the prosecution of the '794 Patent, I, along with co-inventor
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`Y oni, also submitted declarations. Exhibits 2019 and 2020 are true and correct
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`copies of those declarations. Exhibit 2019 is a declaration that I signed on
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`December 27, 2005 that includes Exhibits A-H. Exhibit 2020 is a declaration that
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`I signed on June 13, 2006 that includes Exhibits A-I. Exhibit I is a source code
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`listing.
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`8
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`9
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`Declaration of Mr. Isaac Levanon
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`30. These declarations, too, discuss our working model and working
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`product. As explained in the declarations, we had a working model (computer
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`program) in December 1999, and created a working product at .least as early as
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`January 2000. See Exs. 2064 at 2 (paragraph 3), Ex. 2065 at 2 (paragraph 3), Ex.
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`2019 at 2 (paragraph 3), Ex. 2020 at 1/100. The 3DVU technology was embodied
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`in the 1999 working model and the product that we developed as explained in
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`Exhibits 2019, 2020, 2064 and 2065.
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`31. While we, through 3DVU, continued to develop the 3DVU
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`technology by adapting and refining it for specific products and applications, the
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`technology that we invented as set forth in the declarations attached as Exhibits
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`2019 and 2020 constituted the core technology of all ofthe commercial3DVU
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`products mentioned later in this declaration.
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`32. As examples, the Kenwood (DENSO) car navigation systems and
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`MapQuest navigation solution described herein included, among other aspects of
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`the 3DVU technology, the use of the Kn-X-Y format, use of image tiles,
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`prioritization of tiles, display of complex information quickly through progressive
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`resolution, and the ability to perform well with only limited client-side
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`computational resources and memory.
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`9
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`Declaration of Mr. Isaac Levanon
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`33. To illustrate, the Kenwood (DENSO) car navigation systems used a
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`primitive operating system called
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`At the time, there
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`was no other solution that could present 3DVU functionality on a system like the
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`Kenwood (DENSO) car navigation systems.
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`34. The Navi2Go product discussed below also embodied the 3DVU
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`technology, as reflected by the ability of the product to work at a speed acceptable
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`to the user at driving speed, on devices such as smartphones using online
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`navigation, and (at the time) limited streaming and computing capabilities.
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`35. To illustrate, Navi2Go functioned on various phones without a
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`graphic chipset and or software graphic support and on multiple operating systems
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`including Symbian, WinCE, Windows Mobile, Blackberry, Linux and iOS, by
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`implementing 3DVU technology.
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`11
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`Declaration of Mr. Isaac Levanon
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`III.
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`INDUSTRY AWARDS
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`36. The 3DVU technology received inteinational recognition. Since our
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`only products was based on, used and featured the patented technology,
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`recognition for the company also reflected recognition for our patented technology.
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`Thus, in 2005, 3DVU was selected among Red Herring's list of most promising
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`European Companies. See Ex. 2063 at 2.
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`37.
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`In 2007, 3DVU became a winner of Frost & Sullivan's Europe
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`Telematics and Infotainment Technology of the Year Award. See Ex. 2021 at 2
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`Frost & Sullivan investigated the state of the navigation solutions available at that
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`time. Based on my conversations with Frost & Sullivan and my understanding of
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`their practices and the award, I understand that after researching numerous
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`navigation solutions offered by other companies, Frost & Sullivan concluded that
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`our solution was the one worthy of their award.
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`Declaration of Mr. Isaac Levanon
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`IV. FUNDING FOR THE DEVELOPMENT OF THE 3DVU
`TECHNOLOGY
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`38. Before we could introduce the 3DVU technology commercially,
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`3DVU had to raise money for further product development. Development
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`essentially consisted of adapting the 3DVU technology to different applications
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`and products. The only contracts 3DVU could enter at that time had to be prepaid,
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`or based on milestones where a company would fund the development, porting,
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`and integration of3DVU technology with the company's solutions, before we had
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`a finished product. At least at the time, such prepaid contracts were rarely used.
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`39. As a result of pitching our technology to various potential customers,
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`our company received funding totaling well over $1 million (USD) from three
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`bilateral foundations, -
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`SIIRD, and KORIL-RDF, in support of projects
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`for potential customers. See Ex. 2034 at p.8. These bilateral foundations, which
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`are discussed in more detail below, were organized between the government of
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`Israel and another participating country to support collaborative partnerships
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`between high-technology companies and, among other things, the development of
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`commercial products. The foundation first had to approve a proposed joint project
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`and business plan. Then the foundation would provide a grant to reimburse up to
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`50% of the expenses for the development of the joint project.
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`Declaration of Mr. Isaac Levanon
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`40.
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`In particular, 3DVU demonstrated our invention, submitted proposals
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`with business plans, and received the following funding for the development of the
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`invention:
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`a.
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`attached as Exhibit 2022.
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`b.
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`Singapore-Israel Industrial Research and Development
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`Foundation ("SIIRD") approved a project under the name
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`"Visual Touch Map" for $1.5 million. True and correct copies
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`of the following documents are attached: (i) Proposal to SIIRD,
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`(Exhibit 2023); (ii) SIIRD Mutual Nondisclosure Agreement,
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`(Exhibit 2024); (iii) SURD Memorandum ofUnderstanding,
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`(Exhibit 2025); and (iv) one of the SURD Commercialization
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`Reports,(Exhibit 2026).
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`Declaration of Mr. Isaac Levanon
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`c.
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`Korea-Israel Industrial Research and Development Foundation
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`("KORIL-RDF") approved a project under name "3D Visual
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`Map Based Car Navigation System" for the grant of$363,000.
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`See the KORIL-RDF Proposal and the KORIL-RDF
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`Cooperation and Project Funding Agreement, true and correct
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`copies of which are attached as Exhibits 2027 and 2028.
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`V. COMMERCIALIZATION OF THE TECHNOLOGY
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`41.
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`In order to get exposure for our invention, I participated in trade
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`shows and conferences around the world. An image showing the software and
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`utilities that 3DVU had developed and that I used in relation to demonstrations and
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`trade shows appears on pages 88-89 of Exhibit 2056, which is a 3DVU trademark
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`application file.
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`42.
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`Several companies expressed interest in the 3DVU technology, and I
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`was able to negotiate several licenses of the technology, for example, with Denso
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`Corporation for developing car navigation systems. I describe our experience in
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`developing and commercializing the 3DVU technology in further detail below.
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`B.
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`Denso: Kenwood Car Navigation Systems
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`43.
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`In 2001 in Japan, I made a web-based demonstration of the 3DVU
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`technology to a few potential customers. I used several selected cities, including
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`Phoenix AZ, London UK and Tokyo Japan, for which I had aerial photography.
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`14
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`Declaration of Mr. Isaac Levanon
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`44. One of the Japanese companies I was in communication with about
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`the invention was Increment P Corporation (IPC). IPC created and provided high
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`quality digital map data in Japan. In late 2001, IPC introduced me to a
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`representative ofDenso Corporation ("Denso"), Michima Ogawa. Mr. Ogawa was
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`a Chief Engineer & General Manager of Den so's ITS Engineering Department.
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`Denso was a global Japanese corporation that manufactured, among other things,
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`automotive parts and car navigation systems under OEM (original equipment
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`manufacturer) agreements for several companies to market under those companies'
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`brand names such as GM, Toyota and Kenwood.
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`45. Denso immediately expressed interest in the 3DVU technology. Mr.
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`Ogawa contacted me right after our first meeting and indicated his excitement
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`about 3DVU technology and his desire to demonstrate 3DVU technology to Denso
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`management and get the approval for a joint development, integration and
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`licensing engagement with 3DVU.
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`15
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`Declaration of Mr. Isaac Levanon
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`46. Denso followed up with me within a few weeks, stating that they were
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`attracted to 3DVU technology and would like to integrate it into Denso's solutions,
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`specifically because the technology enabled the smooth display of 3D perspective
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`in a moving map environment, and could operate with limited computing capacity
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`and limited memory. Denso agreed to fund the porting of3DVU technology to the
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`ITRON operating system. ITRON was a Japanese open standard for a real-time
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`operating system (RTOS) particularly for small-scale embedded systems, targeted
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`for consumer electronic devices. Denso also agreed to fund and support the
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`integration of the ported technology into its car navigation system, by assigning
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`Such conunitment from
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`Denso to fund our collaboration upfront was a major achievement for 3DVU, since
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`it is extremely hard to secure the upfront funding and licensing for new technology.
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`4 7. Denso and 3DVU started working together to define a product
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`solution simultaneously with the preparation of a formal agreement. On a trip to
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`Denso headquarters in Japan in about August 2002, we drove a vehicle with a
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`integrating the 3DVU technology while navigating.
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`48.
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`is attached as Exhibit 2029.
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`Declaration of Mr. Isaac Levanon
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`49.
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`50. Denso's commitment and interest in the technology was demonstrated
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`by its intensive focus on launching a product as soon as possible. Our joint work
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`"around the clock" made it possible for Denso in October of that year to release the
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`car navigation system, incorporating 3DVU technology with Denso as the original
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`equipment manufacturer under the Kenwood brand. See Ex. 2051. This version
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`had all of the 3DVU patented features described above, and supported 13 major
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`Japanese cities. A true and correct copy of a news release regarding the product is
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`attached as Exhibit 2030. Videos demonstrating such Kenwood systems in
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`Japanese language are available on Y ouTube at, for example,
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`https://www.youtube.com/watch?v=3btUNuCYM6M. A screen shot of this
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`YouTube page is attached as Exhibit 2031.
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`Declaration of Mr. Isaac Levanon
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`5 I.
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`Subsequently, Denso launched several other commercialized products
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`in Japan under the Kenwood name that incorporated the 3DVU technology. For
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`example, in 2004 Denso launched a second generation of the Kenwood car
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`navigation system, Theater Navi, that also included 3DVU technology. This
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`version of the navigation system covered 97 cities, compared to only 13 cities
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`covered by the ftrst version. A true and correct copy of a 3DVU press release
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`noting the second generation of the Kenwood products is attached as Exhibit 2032
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`at 1.
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`52. The development work with Denso in total resulted in at least five
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`Kenwood car navigation systems that incorporated 3DVU technology. See Ex.
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`2032 at 2. I still have three Kenwood car navigation system brochures reflecting
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`such systems, true and correct copies of which are attached as Exhibits 2051, 2052,
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`and 2053.
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`18
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`19
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`Declaration of Mr. Isaac Levanon
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`53. The brochures were given to me by Denso in about 2002-2004 and are
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`written in Japanese and English. While my Japanese reading ability is limited, I
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`have reviewed the brochures and can confirm that the English language and
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`graphical portions are consistent with my recollection of my work on behalf of
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`3DVU with Denso. The brochures show the "Sky Cruise View" (Kenwood name
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`for FlyOver technology) feature that 3DVU developed for the products. The
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`brochures list the FlyOver Technologies company name and logo. The brochures
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`indicate dates in the 2002 and 2004 time frame.
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`l discuss specific portions of the
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`brochures in the following several paragraphs.
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`54. Exhibit 2051 is a Kenwood Car Navigation System brochure. The
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`first page of Exhibit 2051 lists models HDX-700, HDZ-2570iTS, and HDZ-2500is.
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`Pages 4 and 30 of the brochure display the FlyOver logo and company name. Page
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`11 includes the FlyOver logo. Page 38 of the brochure lists a date ofNovember 18,
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`2002, which is consistent with my recollection of when the first Denso products
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`incorporating 3DVU technology were launched in Japan.
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`19
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`20
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`Declaration of Mr. Isaac Levanon
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`55. Exhibit 2052 is a true and correct copy of an HDD Car Navigation
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`System brochure for Kenwood HDV-910, HDV-810,HDX-710, and HDZ-2510is.
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`The FlyOver company name appears on page 9 at the bottom of the section with
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`the English title "Sky Cruise View" (the Kenwood name for FlyOver technology),
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`which shows 30 graphical navigation display screen shots to the right of the same
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`section. Based on the graphics, images, and English text and my knowledge and
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`experience with the Kenwood project and products, page 37, for example, is
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`exclusively devoted to 3DVU technology and its benefits as presented in this
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`Kenwood system. The brochure lists a date of July 20, 2004 on the last page (page
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`62).
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`56. Exhibit 2053 is a true and correct copy of a Car Navigation System
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`brochure for HDV-910 and HDV-810. FlyOver's company name appears on page
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`9 at the bottom of the section with the English title "Sky Cruise View" (which is
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`the Kenwood name for FlyOver technology), which shows 3D graphical navigation
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`display screen shots to the right of the same section. Based on the graphics,
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`images, and English text and my knowledge and experience with the Kenwood
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`project and products, Page 19 is exclusively devoted to 3DVU technology and its
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`benefits as presented in this Kenwood system. The Flyover logo and company
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`name also appear on page 19. The brochure is dated February 3, 2004 on the last
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`page (page 42).
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`20
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`21
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`Declaration ofMr.lsaac Levanon
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`57.
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`3DVU submitted portions of Kenwood product literature and
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`packaging for the Kenwood systems to the USPTO as part of a trademark
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`application on January 14, 2003. Ex. 2056 at pp. 64-67.
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`58. All Kenwood car navigation systems were aftennarket products,
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`meaning they are sold in stores to be installed in the car front dashboard. The time
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`to market for such solutions is relative short. It is different from the embedded
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`market where the navigation system is preinstalled on the assembly line and the
`
`user purchases the car with a car navigation built-in which has to sync with the car
`
`design and manufacturing processes, which may take years.
`
`59. The Kenwood car navigation systems that included 3DVU technology
`
`were a success. Denso stated that they wanted to include the 3DVU technology in
`
`additional products and further develop the technology.
`
`60. This was apparent from Denso's commitment to provide added
`
`resources of funding and engineering to develop multiple new systems for
`
`Kenwood, for whom Denso was the OEM.
`
`61. The best form of appreciation was appreciation on a personal level: A
`
`Dena's Manager- Mr. Abo, who was Mr. Ogawa's deputy, invited me for dinner
`
`with his wife and kids to his home. This gesture is very rare in the Japanese
`
`culture and show the deepest form of gratitude towards a business partner.
`
`21
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`22
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`Declaration of Mr. Isaac Levanon
`
`C. MapQuest
`
`62.
`
`In further attempts to commercialize 3DVU technology, I contacted
`
`MapQuest, a company that was at that time the leading provider of online web
`
`mapping solutions. MapQuest expressed great interest in 3DVU technology as a
`
`way to improve its own mapping solution.
`
`63.
`
`In 2005 3DVU and MapQuest signed anon-disclosure agreement, a
`
`true and correct copy of which is attached as Exhibit 2033.
`
`64. We held numerous meeting in Denver, Colorado, and couple of trips
`
`to MapQuest' s Technology Center in Mountville, P A.
`
`65.
`
`Per MapQuest request, 3DVU completed a proof of concept (POC)
`
`for MapQuest, where we embedded our 3DVU technology, including tiling, into
`
`MapQuest's solution. MapQuest therefore received the ability to switch between
`
`their standard map solution and our technology, such that MapQuest could present
`
`(i) their map with our technology and (ii) aerial photography in 3D with our
`
`technology. We educated MapQuest on how to operate the technology so
`
`MapQuest could stream the aerial photography using the tile system that we
`
`disclosed in our provisional patent applications.
`
`66. MapQuest paid 3DVU approximately $100,000 for the development
`
`of such working POC.
`
`22
`
`23
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`Declaration of Mr. Isaac Levanon
`
`D. Microsoft
`
`67.
`
`In July 2005, I represented 3DVU technology at a tradeshow at
`
`Pacifico Yokohama Convention Center in Japan, where I had a booth to
`
`demonstrate 3DVU technology.
`
`68. Todd Warren, corporate vice president of Microsoft, visited our booth.
`
`From my recollection Todd was a head of the Devices, Services and eXperiences
`
`Group and was responsible for the development and technical product strategy for
`
`Microsoft's Windows Mobile operating system and related products. I understand
`
`from my experience and knowledge and publicly-available infonnation that Todd
`
`also directed Microsoft's device efforts in the Automotive and media device space
`
`and managed its mapping business unit responsible for the release of
`1• .
`I
`maps. 1ve.com.
`
`69. Todd viewed our demonstration and expressed strong interest in the
`
`3DVU technology, so we arranged a follow up discussion.
`
`1 See http://www. farley .northwestem.edulwe-teach/faculty/todd-warren.html.
`23
`
`2~
`
`
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`Declaration of Mr. Isaac Levanon
`
`70. After that date I had numerous communications with different
`
`Microsoft employees, including
`
`2014. We exchanged emails and held telephone conferences. I also traveled from
`
`Israel to Microsoft's offices in Redmond, Washington. During one of the trips,
`
`-indicated to me that Microsoft would like to acquire 3DVU and the
`
`See Ex.
`
`3DVU technology.
`
`71.
`
`and correct copy of which is attached as Exhibit 2014. I signed it on June 23,
`
`2005. Ex. 2014 at 1.
`
`72.
`
`-
`
`sent me an email···
`
`A true and correct copy of this email is attached as Exhibit 2015.
`
`Ex. 2015 at 1.
`
`24
`
`25
`
`
`
`Declaration of Mr. Isaac Levanon
`
`73. Microsoft suggested that I fmd bankers for the deal. I then contacted
`
`C.E. Unterberg, Towbin, who performed a valuation summary regarding 3DVU
`
`and a Keyhole Deal Value Analysis. True and correct copies of these materials are
`
`attached as Exhibits 2035 and 2036. These materials were presented to Microsoft
`
`during meetings we had in Redmond, Washington in about September 2005, after
`
`the date of the email.
`
`74. -gave me a list o
`
`is attached as Exhibit 2034. -
`
`75.
`
`2034, p.l5.
`
`See Ex.
`
`76.
`
`I also had further meetings with Microsoft where we discussed only
`
`business and logistical aspects of the 3DVU acquisition.
`
`25
`
`26
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`
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`Declaration of Mr. Isaac Levanon
`
`77. The deal ultimately was not consummated for reasons that I do not
`
`know. During the time we were holding discussions, Microsoft spoke highly
`
`positively about the 3DVU technology and what it could add to Microsoft mapping
`
`products. In the pending litigation between Bradium and Microsoft, I understand
`
`that various Microsoft products are accused of using the 3DVU technology without
`
`authorization from the patent owner.
`
`E.
`
`Daewoo Precision
`
`78. Daewoo Precision Industries Co., Ltd. ("Daewoo"), a Korean
`
`corporation that among other products developed, manufactured and sold
`
`navigation systems for automotive vehicles, was another company that entered into
`
`an agreement with us to use the 3DVU technology in its products.
`
`79. Our agreement with Daewoo was entered into around the time of the
`
`negotiations with Microsoft in 2005 . Exhibit 2037 is a true and correct copy of
`
`this license agreement.
`
`26
`
`27
`
`
`
`Declaration of Mr. Isaac Levanon
`
`80. Under the tenns of this agreement 3DVU ported and integrated its
`
`technology into Daewoo systems. 3DVU received total compensation of$180,000
`
`for the development and integration of the 3DVU technology. See Ex. 2037 at p.2.
`
`Based on the success 3DVU had with Denso in Japan, Daewoo was eager to have a
`
`simi tar solution first for the Korean market and then for international market
`
`through the distribution channels of its sister company OM Daewoo. Daewoo was
`
`willing to fund the porting of3DVU technology to the QNX operating system and
`
`to its integration with its car navigation system by assigning several engineers to
`
`work closely with 3DVU.
`
`81. A demonstration version ofthe Daewoo car navigation system was
`
`developed and then shown at the Busan International Motor Show in May 2006. In
`
`support of this, a true and correct copy of GIS Development: Asia Pacific: The
`
`monthly Magazine on Geographical Information Science is attached as Exhibit
`
`2038. Additionally, a true and correct copy of an online article by The Auto
`
`Channel discussing cooperation between 3DVU and Daewoo is attached as an
`
`Exhibit 2039. During my personal interactions with Daewoo company
`
`representatives told me that the smooth operation and 3D perspective offered by
`
`the 3DVU technology was interesting and attractive to Daewoo. I understood also
`
`that the ability to operate with limited computing power and memory was also
`
`attractive to Daewoo.
`
`27
`
`28
`
`
`
`Declaration of Mr. Isaac Levanon
`
`F.
`
`Navi2Go
`
`82. Through our experience with Denso, Daewoo and other manufacturers
`
`of cars and car navigation systems, we concluded that it would take us a very long
`
`time to get into the market of embedded car navigation systems (where navigation
`
`solution is built-in the car) especially with our limited resources. Therefore, we
`
`decided to embark on a new field using our core technology- mobile navigation.
`
`83. As phones were becoming more mobile and mobile technical
`
`capabilities were improving, and given that the 3DVU technology is well-suited
`
`for providing map and navigation data in limited bandwidth situations and to
`
`mobile devices, I decided to concentrate on incorporation of the 3DVU technology
`
`into mobile navigation.
`
`84.
`
`In 2008, 3DVU successfully launched a mobile application called
`
`Navi2Go. See Ex. 2021. Exhibit 2021 is a true and correct copy of a press release
`
`that was posted on the Directions Magazine website dated July 11, 2008.
`
`85. Navi2Go was a client-server based system. 3DVU maintained a
`
`server located in the UK containing image, terrain, and map data. The end-user's
`
`mobile device acted as the client. Navi2Go enabled the user to stream image,
`
`terrain, and map data in real time to assist the user in navigation.
`
`28
`
`29
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`Declaration of !vfr. Isaac Levanon
`
`86. The 3DVU technology enabled the system to operate with sufficient
`
`speed t
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