IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`DIAMOND GRADING
`TECHNOLOGIES LLC
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`GEMOLOGICAL INSTITUTE OF
`AMERICA INC.
`
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case No. 02:14-cv–1162-RWS-RSP
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S LOCAL PATENT RULE 3-1 AND 3-2
`DISCLOSURES TO DEFENDANT
`GEMOLOGICAL INSTITUTE OF AMERICA INC.
`
`
`
`
`
`
`
`Pursuant to Rules 3-1 and 3-2 of the Local Patent Rules (“P.R.”) of the Eastern District of
`
`Texas, Plaintiff Diamond Grading Technologies LLC (“Plaintiff” or “DGT”) submits these
`
`Infringement Contention Disclosures concerning U.S. Patent No. RE44,963 (the “’RE963 Patent”)
`
`to Defendant Gemological Institute of America, Inc. (“Defendant” or “GIA”).
`
`
`
`DGT makes these disclosures based on the information presently available to it. DGT has
`
`not been given access to internal and proprietary information related to the GIA Diamond Cut
`
`Grading System, including but not limited to source code related to that system or components of
`
`that system, such as GIA’s Facetware Cut Estimator software. DGT reserves its right to amend or
`
`supplement these Disclosures as permitted by the Federal Rules of Civil Procedure, by the Local
`
`Rules of the Eastern District of Texas (including the EDTX Local Patent Rules), and by order of
`
`the Court as discovery is ongoing in this case.
`
`DISCLOSURES UNDER P.R. 3-1
`
`(a)
`
`
`
`Each claim of each patent in suit that is allegedly infringed by each opposing party.
`
`1
`
`Page 1 of 108
`
`GIA EXHIBIT 1007
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`

`
`Defendant infringes claims 1, 17, 34, 35, 53, 55, 76, 79, 80, 82, 83, 85, 88, 94, 98, 114, and
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`120 of the ’RE963 Patent. DGT reserves the right to supplement and/or amend this disclosure
`
`after it is allowed to review and conduct appropriate discovery related to the GIA Diamond Cut
`
`Grading System, including but not limited to source code related to that system or components of
`
`that system, such as GIA’s Facetware Cut Estimator software.
`
`Separately for each asserted claim, each accused apparatus, product, device, process,
`method act, or other instrumentality (“Accused Instrumentality”) of each opposing
`party of which the party is aware. This identification shall be as specific as possible.
`Each product, device, and apparatus must be identified by name or model number, if
`known. Each method or process must be identified by name, if known, or by any
`product, device, or apparatus which, when used, allegedly results in the practice of
`the claimed method or process.
`
`The GIA Diamond Cut Grading System and GIA Diamond Cut Grading Referencing
`
`(b)
`
`
`
`System, including the GIA Facetware Cut Estimator software (“Accused Instrumentalities”)
`
`infringe each of the above claims. DGT reserves the right to supplement and/or amend these
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`contentions as proprietary information is learned during discovery and as allowed by the Local
`
`Rules of the Eastern District of Texas, the Federal Rules of Civil Procedure, or by Order of the
`
`Court.
`
`(c) A chart identifying specifically where each element of each asserted claim is found
`within each Accused Instrumentality, including for each element that such party
`contends is governed by 35 U.S.C. §112(6), the identity of the structure(s), act(s), or
`material(s) in the Accused Instrumentality that performs the claimed function.
`
`The Accused Instrumentalities are proprietary systems that include computerized systems
`
`
`
`
`developed and used by GIA to evaluate the cut of gemstones, including diamonds. DGT provides
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`claim charts based on publicly available information. However, such information is very limited
`
`in nature and a full analysis of the Accused Instrumentalities requires discovery of GIA’s internal
`
`and proprietary information, including documents and computer source code related at least to the
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`GIA Facetware Cut Estimator software. DGT reserves the right to supplement and/or amend these
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`
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`2
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`Page 2 of 108
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`

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`contentions, including claim charts, once GIA has provided full and compete discovery of its
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`internal information related to the Accused Instrumentalities.
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`(d) Whether each element of each asserted claim is claimed to be literally present or
`present under the doctrine of equivalents in the Accused Instrumentality.
`
`
`
`The Accused Instrumentalities are proprietary systems that include computerized systems
`
`developed and used by GIA to evaluate the cut of gemstones, including diamonds. DGT makes
`
`these disclosures based on publicly available information. However, such information is very
`
`limited in nature and a full analysis of the Accused Instrumentalities requires discovery of GIA’s
`
`internal and proprietary information, including documents and computer source code related at
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`least to the GIA Facetware Cut Estimator software. DGT reserves the right to supplement and/or
`
`amend these disclosures once GIA has provided full and compete discovery of its internal
`
`information related to the Accused Instrumentalities. Based on its review of the limited publicly
`
`available information about the Accused Instrumentalities, DGT believes, at this time, that each
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`element of each asserted claim of the ’RE963 Patent is literally present within the Accused
`
`Instrumentalities. In the alternative, DGT identifies the following elements as present under the
`
`doctrine of equivalents.
`
`Claim(s)
`Element
`1, 14, 32
`Light Beam
`Light and/or Beam of Light 16, 34
`Light and/or Light Source
`55, 76, 79, 80, 82, 83, 85, 88, 94,
`98, 114, 120
`
`For any patent that claims priority to an earlier application, the priority date to which
`each asserted claim allegedly is entitled.
`
`DGT contends that each of the claims of the ’RE963 Patent is entitled to a priority date at
`
`
`
`(e)
`
`
`
`least as early as January 10, 1997.
`
`
`
`3
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`Page 3 of 108
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`

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`If a party claiming patent infringement wishes to preserve the right to rely, for any
`purpose, on the assertion that its own apparatus, product, device, process, method,
`act, or other instrumentality practices the claimed invention, the party must identify,
`separately for each asserted claim, each such apparatus, product, device, process,
`method, act, or other instrumentality that incorporates or reflects that particular
`claim.
`
`DGT has no products that incorporate or reflect the claimed invention of the ’RE963 Patent.
`
`DISCLOSURES UNDER P.R. 3-2
`
`Documents (e.g. contracts, purchase orders, invoices, advertisements, marketing
`materials, offer letters, beta site testing, and third party or joint development
`agreements) sufficient to evidence each discussion with, disclosure to, or other
`manner of providing to a third party, or sale of or offer to sell, the claimed invention
`prior to the date of application for the patent in suit. A party’s production of a
`document as required herein shall not constitute an admission that such document
`evidences or is prior art under 35 U.S.C. §102.
`
`(f)
`
`
`
`(a)
`
`
`
`Responsive to P.R. 3-2(a), DGT produces DGT003073- DGT011433. Until such time as
`
`the Court has entered a protective order, these documents are designated generally as Confidential
`
`and/or Confidential - Outside Attorneys Eyes Only under the provisions of P.R. 2-2.
`
`(b)
`
`
`
`All documents evidencing the conception, reduction to practice, design, and
`development of each claimed invention, which were created on or before the date of
`application for the patent in suit or the priority date identified pursuant to P.R. 2-
`1(e), whichever is earlier.
`
`Responsive to P.R. 3-2(b), DGT produces DGT003073- DGT011433. Until such time as
`
`the Court has entered a protective order, these documents are designated generally as Confidential
`
`and/or Confidential - Outside Attorneys Eyes Only under the provisions of P.R. 2-2.
`
` (c) A copy of the file history for each patent in suit.
`
`Responsive to P.R. 3-2(c), DGT produces DGT000001- DGT003072.
`
`
`
`4
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`Page 4 of 108
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`Dated: November 19, 2015
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`Respectfully submitted,
`By: /s/ Steven N. Williams
`Steven N. Williams
`swilliams@mcdolewilliams.com
`Texas Bar No. 21577625
`Kenneth P. Kula
`
`kkula@mcdolewilliams.com
`Texas Bar No. 24004749
`William Z. Duffy
`zduffy@mcdolewilliams.com
`Texas Bar No. 24059697
`McDOLE WILLIAMS
`A Professional Corporation
`1700 Pacific Avenue, Suite 2750
`Dallas, Texas 75201
`(214) 979-1122 - Telephone
`(214) 979-1123 – Facsimile
`
`ATTORNEYS FOR PLAINTIFF
`DIAMOND GRADING TECHNOLOGIES LLC
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on November 19, 2015, Defendant’s counsel are being
`served a true and correct copy of this document via electronic service.
`
`
`/s/ William Z. Duffy
`William Z. Duffy
`
`
`
`
`
`
`5
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`Page 5 of 108
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`

`
`Claim Chart for US RE44,963
`GIA
`
`The GIA Diamond Cut Grading System and Diamond Cut
`A method for
`grading the cut of a Grading Reference System provide a method for grading the cut
`gemstone,
`of a gemstone.‘ Thomas M. Moses et al., A Foundation For
`comprising the
`Grading the Overall Cut Quilifl of Round Brilliant Cut
`steps of:
`Diamonds Gems & Gemology, Fall 2004, at 202, 226-27.
`
`"5"."
`l
`k I
`"W ' "W " * F“ ' '4'”
`
`The System
`
`nu
`
`E KC I l l Ell
`
`"RV 5 W”
`G000
`
`Hm
`
`the Lilfl Ularwonc cm Grad ng svsterr acsigr: one 0‘ than the
`graze: :0 ties:-«be rm 0VuO'3l‘ cu: qualiw of a stanaard wane: briluaw.
`mamnrd n the ‘.211 Ll-:0-Z color range, and he Manic:-.'-to-lg clanty
`range each cut grade rurecoflt a vawgo of nrommor are an:
`mamurd appeararcas, ear!" of vmcr may tonfsnr IF‘ cnfaronz may: I:
`the cnaracuncocc of '.hat gran,
`
`we have canclucoa that (Mr: are rnarw :vF‘oren: p'npov'.o'1 nun: tfai
`pro-Ida Ion urada d amcmdn, an: even man» rar-qoc at prooofiuon:
`Ira’. a'u capabo or pvcvwdma clean: upoo’ «meals to mowo and:
`mamurda.
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`Ana whnlc: ‘I u rroortunc to co:-alder mum components when aaocaama
`Ire. oucnal cu: aancavoncc am‘! the rev :9 rcuna b'| rum dwawonaa, an
`mnmaual 3 ocvaoro nracrcruca mu alav o 'o|c. The CIA Cut
`Gradlna Cvncm wouccs an ooxcctnvc usacsamc.-Q at : c-amend 3
`weratl Gui :u:||Rv. Dccausc each ox :rod: rcartacrla a mac room: :9
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`choose an-U‘ :>omcu\o' anocrurcc thew ovate’
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`mu :‘.rA‘~ ‘ en vrsl-w, We1lwn‘II:li1I'IIlInl'y In Nu-I -u Pr .- In ‘rm unvw mu m «In»,
`.m....I.u.., mmy um! um: ..-..‘,on «H nu. -ow.» IIVRQP|l‘llI"IlPVlll‘1llIHlRlI-P1lll'Vl‘|- m
`wen ~.ss-,\-urtu amt um: runn-_;
`‘
`,um9 tv ‘I mm .4‘. «mu-1‘,
`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-The System,
`http://www.diamondcut.gia.edu/04_the_system.html (last
`updated June 18, 2008).
`
`illuminating a
`computerized
`gemstone model
`using a
`computerized
`illumination model,
`
`GIA uses a computer model for tracing light rays that a ‘Virtual”
`diamond — a mathematical representation of a standard, 58-facet,
`round brifliant cut with a fillly faceted girdle. The model results
`include the power, position, exit angle, and color (i.e.,
`wavelength) of all traced light rays; these results can be
`
`‘ Upon information and belief, the GIA Facetware software is a component of the GIA Diamond Cut
`Grading System and Diamond Cut Grading Reference System. All further references to these systems
`include and incorporate GIA’s Facetware software.
`
`Page 6 of 108
`
`

`
`expressed both numerically and graphically. Ilene M. Reinitz et
`al., Modeling the Appearance of
`the Round Brilliant Cut Diamond: An Analysis of Fire, and
`More About Brilliance, Gems & Gemology, Fall 2001, at 174,
`175; Three-dimensionality can be incorporated into the GIA
`computer model. Id. at 176; GIA models direct lighting as a
`bright point source of D65 illuminations, located very far from
`the diamond and centered over the diamond’s table. Id. at 181.
`
`GIA examined mathematically how millions of rays of light
`from the source interact with the transparent, three-dimensional,
`colorless, fully faceted round brilliant specified by its choice of
`proportion parameters. Diamond is a dispersive material; the
`refractive index is different for different wavelengths of light.
`Since the angle of refraction depends on the refractive index,
`white light entering the virtual diamond is spread (dispersed)
`into rays of different colors, and each of these variously colored
`rays takes a slightly different path through the stone. GIA used
`Sellmeier’s formula to incorporate this dispersion into the
`model. Each time a ray strikes a facet, some combination of
`reflection and refraction takes place, depending on the angle
`between the ray and the facet, the refractive index at the
`wavelength of the ray and the polarization state of the ray.
`
`
`wherein said
`gemstone model is
`a full three-
`dimensional (3D)
`representation of
`said gemstone that
`defines the
`geometry and
`position of all of
`the gemstone
`facets, and wherein
`said illumination
`model produces a
`light beam;
`refracting said light
`beam into said
`gemstone model
`through a first facet
`of said gemstone
`model to produce a
`refracted light
`beam, said
`refracted light
`beam via said first
`facet of said
`gemstone model is
`modeled with a
`three-dimensional
`shape and the three-
`dimensional shape
`of the refracted
`light beam is
`defined by an area
`of said first facet;
`
`Page 7 of 108
`
`

`
`reflecting said
`refracted light
`beam within said
`gemstone model
`from a second facet
`of said gemstone
`model to produce a
`reflected light
`beam;
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 166-67.
`GIA examined mathematically how millions of rays of light
`from the source interact with the transparent, three-dimensional,
`colorless, fully faceted round brilliant specified by its choice of
`proportion parameters. Diamond is a dispersive material; the
`refractive index is different for different wavelengths of light.
`Since the angle of refraction depends on the refractive index,
`white light entering the virtual diamond is spread (dispersed)
`into rays of different colors, and each of these variously colored
`rays takes a slightly different path through the stone. GIA used
`Sellmeier’s formula to incorporate this dispersion into the
`model. Each time a ray strikes a facet, some combination of
`reflection and refraction takes place, depending on the angle
`between the ray and the facet, the refractive index at the
`wavelength of the ray and the polarization state of the ray.
`
`
`Page 8 of 108
`
`

`
`refracting said
`refracted light
`beam out of said
`gemstone model
`though said second
`facet of said
`gemstone model;
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 166-67.
`GIA examined mathematically how millions of rays of light
`from the source interact with the transparent, three-dimensional,
`colorless, fully faceted round brilliant specified by its choice of
`proportion parameters. Diamond is a dispersive material; the
`refractive index is different for different wavelengths of light.
`Since the angle of refraction depends on the refractive index,
`white light entering the virtual diamond is spread (dispersed)
`into rays of different colors, and each of these variously colored
`rays takes a slightly different path through the stone. GIA used
`Sellmeier’s formula to incorporate this dispersion into the
`model. Each time a ray strikes a facet, some combination of
`reflection and refraction takes place, depending on the angle
`between the ray and the facet, the refractive index at the
`wavelength of the ray and the polarization state of the ray.
`
`
`Page 9 of 108
`
`

`
`refracting said
`reflected light beam
`out of said
`gemstone model
`through a third
`facet of said
`gemstone model to
`produce an exiting
`light beam; and
`measuring said
`exiting light beam.
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 166-67.
`GIA examined mathematically how millions of rays of light
`from the source interact with the transparent, three-dimensional,
`colorless, fully faceted round brilliant specified by its choice of
`proportion parameters. Diamond is a dispersive material; the
`refractive index is different for different wavelengths of light.
`Since the angle of refraction depends on the refractive index,
`white light entering the virtual diamond is spread (dispersed)
`into rays of different colors, and each of these variously colored
`rays takes a slightly different path through the stone. GIA used
`Sellmeier’s formula to incorporate this dispersion into the
`model. Each time a ray strikes a facet, some combination of
`reflection and refraction takes place, depending on the angle
`between the ray and the facet, the refractive index at the
`wavelength of the ray and the polarization state of the ray.
`
`
`Page 10 of 108
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`

`
`
`
`
`
`
`
`
`Figure A-2. Some of the light rays that pass through
`the virtual diamond follow complicated paths. Here,
`we show the track of one light my within a round bril-
`liant diamond. as calculated by our mathematical
`model. This my reflects in multiple directions. Not all
`light rays reflect this many times, but most take a
`three—dimensional path through the diamond. The
`chief inadequacy of a twadimensional analysis is that
`light rays must be confined to a single plane.
`
`
`
`
`
`
`
`
`
`
`T. Scott Hemphill et al., Modelin The A earance of the Round
`Brilliant Cut Diamond: An Anal sis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 166-67.
`
`
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System provide a method for grading the cut
`of a gemstone. Thomas M. Moses et al., A Foundation For
`Grading the Overall Cut Qgglig of Round Brilliant Cut
`Diamonds, Gems & Gemology, Fall 2004, at 202, 226-27.
`
`A method for
`establishing
`maximum attribute
`values for a
`gemstone cut for
`use in evaluating
`gemstones having
`said gemstone cut
`comprising the
`ste o s of:
`
`Page 11 of 108
`
`

`
`
`
`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-The System,
`http://www.diamondcut.gia.edu/04_the_system.html (last
`updated June 18, 2008).
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System perform the step of varying a
`proportion parameter, by a hardware processor, for gemstone cut
`to obtain a plurality of gemstone models, each of said gemstone
`models having a different proportion permutation.
`
`Varying a
`proportion
`parameter, by a
`hardware
`processor, for
`gemstone cut to
`obtain a plurality of
`gemstone models,
`each of said
`gemstone models
`having a different
`proportion
`permutation;
`
`
`
`
`
`Page 12 of 108
`
`

`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 161.
`
`
`
`Id. at 166.
`
`
`
`
`
`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-Estimating a Cut Grade,
`http://www.diamondcut.gia.edu/06_estimating_a_cut_grade.html
`(last updated June 18, 2008).
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System perform the step of evaluating each
`of said gemstone models, by the hardware processor, to obtain a
`set of values for each attribute, at least one attribute being an
`amplitude value used to determine whether a refraction is to be
`
`Evaluating each of
`said gemstone
`models, by the
`hardware
`processor, to obtain
`
`Page 13 of 108
`
`

`
`processed in determining a grade of said each of said gemstone
`models.
`
`a set of values for
`each attribute, at
`least one attribute
`being an amplitude
`value used to
`determine whether
`a refraction is to be
`processed in
`determining a grade
`of said each of said
`gemstone models;
`and
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 171.
`
`
`Id. at 173.
`
`
`
`Page 14 of 108
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`

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`Id. at 179.
`
`
`Id. at 172.
`
`
`
`
`
`
`
`
`Page 15 of 108
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`

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`
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`
`
`
`
`
`
`
`Ilene M. Reinitz et al., Modeling the Appearance of
`the Round Brilliant Cut Diamond: An Analysis of Fire, and
`More About Brilliance, Gems & Gemology, Fall 2001, at 174,
`185.
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System perform the step of selecting the
`maximum value of each attribute from said set of attribute values
`to establish maximum attribute values for the gemstone cut.
`
`Selecting the
`maximum value of
`each attribute from
`said set of attribute
`
`Page 16 of 108
`
`

`
`values to establish
`maximum attribute
`values for the
`gemstone cut.
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 165.
`
`
`Ilene M. Reinitz et al., Modeling the Appearance of
`the Round Brilliant Cut Diamond: An Analysis of Fire, and
`More About Brilliance, Gems & Gemology, Fall 2001, at 174,
`174.
`
`
`
`Page 17 of 108
`
`

`
`A system for
`modeling the
`propagation of light
`in an optical system
`comprising:
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System provide a system for grading the cut
`of a gemstone. Thomas M. Moses et al., A Foundation For
`Grading the Overall Cut Qyligg of Round Brilliant Cut
`Diamonds, Gems & Gemology, Fall 2004, at 202, 226-27.
`
`.3:
`’."9-'“
`
`The System
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`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-The Sfitem,
`http://www.diamondcut.gia.edu/04_the_system.html (last
`updated June 18, 2008).
`
`Page 18 of 108
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`

`
`
`
`
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 160.
`
`
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System include means for projecting a beam
`of light at one of a plurality of surfaces of the optical system,
`wherein said beam of light is represented by an illumination
`model and said plurality of surfaces are represented by an optical
`system model.
`
`Means for
`projecting a beam
`of light at one of a
`plurality of surfaces
`of the optical
`system, wherein
`said beam of light
`is represented by an
`illumination model
`and said plurality of
`surfaces are
`represented by an
`optical system
`model;
`
`Page 19 of 108
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`

`
`
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 167.
`
`
`Page 20 of 108
`
`

`
`Id.
`
`
`
`
`Page 21 of 108
`
`Page 21 of 108
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`

`
`We then chose a light source to illuminate our vir-
`tual diamond. Most of our results to date, and all the
`results presented here, used a diffuse hemisphere of
`even, white light [D65 daylight illumination] shining
`on the crown. light rays from every position on the
`hemisphere point in every direction, not just toward
`the center of the stone [as in focused light}. We selected
`this illumination condition to best average over the
`many different antbient light conditions in which dia-
`monds are seen and worn, from the basic
`view
`of a diamond face—up in a tray next to large north—facing
`windows, to the common consurner experience of see
`ing a diamond worn outdoors or iii a well—lit room.
`Diffuse illumination emphasms the return of white
`light, although it is a poor lighting condition for exam-
`ining other aspects, such as fire. This geometry also
`eliminated the need to consider the shadow that a view-
`
`er's head might cast on a diamond. [In addition,
`although many mountings, such as a Tiffany setting,
`allow some light to enter the diamond's
`the
`amount of light coming from this direction has not
`been included in the model.|I
`Id. at 166.
`Li. at 166.
`We describe a faceted diamond as a convex polyhedron,
`a three—dimensional object with a surface that is
`bounded by flat planes and straight edges, with no
`indentations or clefts. The model requires that all sur-
`faces be faceted, including the girdle, and currently
`excludes consideration of indented naturals or cavities.
`
`To date, we have focused our calculations on the round
`brilliant cut because of its dominant position in the
`market, but this model can be used for nearly any fully
`faceted shape. Our modeled round brilliant has mathe-
`matically perfect syrntnetry; all facets are perfectly
`shaped, pointed, and aligned. Also, all facet junctions
`are modeled with the same sharptness and depth.
`
`For the results in this article, the diamond simulat-
`ed in ou1' calculations [called a "virtual" diamond} has
`no inclusions, is perfectly polished, and is completely
`colorless. It has a polished girdle, not a bruted one, so
`that the girdle facets refract light rays in the same way
`that other facets do. The virtual diamond has relative
`
`
`
`
`
`proportions but no absolute size—that is, no specific
`carat weight. {The principles governing the way light
`moves througha colorless diamond do not varywi1:l1§ze.l
`Id.
`L1.
`
`
`
`Page 22 of 108
`
`Page 22 of 108
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`

`
`Means for
`modeling the
`propagation of said
`beam of light
`within the optical
`system according to
`said optical system
`model; and
`
`Means for
`measuring said
`beam of light at a
`predetermined
`point in the optical
`system if an
`amplitude of said
`beam of light is
`greater than a
`minimum
`amplitude; and
`
`
`
`
`
`Id.
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System include means for measuring said
`beam of light at a predetermined point in the optical system if an
`amplitude of said beam of light is greater than a minimum
`amplitude.
`
`Page 23 of 108
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`

`
`
`
`
`Thomas M. Moses et al., A Foundation For Grading the Overall
`Cut Quality of Round Brilliant Cut Diamonds, Gems &
`Gemology, Fall 2004, at 202, 219.
`
`Remember that each ray of light has its own wavelength,
`direction of travel, and intensity (or amplitude). Each of these
`must be included in the computer model, along with the
`associated optical behavior. Each light ray also has its own
`polarization state, which affects how that light ray behaves in a
`diamond. Computer modeling allows us to track each individual
`light ray as it travels through the virtual diamond, adjusting its
`direction, polarization, state, and amplitude.
`
`Green, et al., Diamond Appearance: The Components of a
`Computer Model, Gemological Institute of America, September
`27, 2002, at 3.
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System include means for discontinuing
`processing of attributes of said beam of light if the amplitude of
`said beam of light is less than the minimum amplitude.
`
`Means for
`discontinuing
`processing of
`attributes of said
`beam of light if the
`
`Page 24 of 108
`
`

`
`amplitude of said
`beam of light is less
`than the minimum
`amplitude.
`
`Before starting the calculations, we needed to
`establish an appropriate brightness threshold for
`DCLR, to determine the range between the bright-
`est and dimmest rays a person could be expected
`to see against a generally bright background (as in
`the light we typically use in our homes or offices,
`whether fluorescent or incandescent). The scientif-
`ic literature dealing with human vision contains
`several works about the least amount of light that
`can be seen, or the brightest light in which objects
`can be discriminated, but almost nothing about
`the range of light levels perceived by humans in
`ordinary lighting situations (Dr. R. Brown, pers.
`comm., 2000). The only clear point of agreement
`we found is that this range is greater than the 256
`tones (grayscale) used by a computer monitor (see,
`e.g., Begbie, 1969; Boynton, 1979).
`Therefore, we empirically derived an estimate of
`the brightness of the least intense flare a person
`could be expected to perceive, using a combination
`of (1) the hemisphere described above for observing
`fire in actual diamonds, (2) four diamonds, and (3)
`four human observers. The observers compared the
`actual patterns of chromatic flares displayed by
`each diamond to six VFI diagrams calculated for
`that diamond’s proportions at different brightness
`thresholds. The observers agreed strongly in all four
`cases, which eliminated the need for more exten-
`sive testing. This comparison revealed that human
`observers see chromatic flares over a brightness
`range of about 3,000 against a background of ordi-
`nary room light: That is, the dimmest rays seen
`were 3,000 times less bright than the brightest rays.
`Consequently, we set the threshold at that level
`(3.5 orders of magnitude) for the calculations pre-
`sented here.
`
`Ilene M. Reinitz et al., Modeling the Appearance of
`the Round Brilliant Cut Diamond: An Analfiis of Fire, and
`More About Brilliance Gems & Gemology, Fall 2001, at 174,
`183-84.
`
`A system for
`establishing
`maximum attribute
`values for
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System provide a system for grading the cut
`of a gemstone. Thomas M. Moses et al., A Foundation For
`Grading the Overall Cut Qylifl of Round Brilliant Cut
`Diamonds, Gems & Gemolo 3 , Fall 2004, at 202, 226-27.
`
`Page 25 of 108
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`

`
`
`
`a gemstone cut for
`use in evaluating
`gemstones having
`said
`gemstone cut,
`comprising:
`
`
`
`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-The System,
`http://www.diamondcut.gia.edu/04_the_system.html (last
`updated June 18, 2008).
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System include means for varying a
`proportion parameter for the gemstone cut to obtain a plurality of
`gemstone models, each of said gemstone models having a
`different proportion permutation.
`
`Means for varying
`a proportion
`parameter for the
`gemstone
`cut to obtain a
`plurality of
`gemstone models,
`each of said
`gemstone models
`having a different
`proportion
`permutation;
`
`
`
`Page 26 of 108
`
`

`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 161.
`
`
`
`Id. at 166.
`
`
`
`
`
`
`Gemological Institute of America, GIA Diamond Cut Grading
`System-Estimating a Cut Grade,
`http://www.diamondcut.gia.edu/06_estimating_a_cut_grade.html
`(last updated June 18, 2008).
`
`The GIA Diamond Cut Grading System and Diamond Cut
`Grading Reference System include means for evaluating each of
`said gemstone models to obtain a set of values for each attribute,
`
`Means for
`evaluating each of
`said gemstone
`
`Page 27 of 108
`
`

`
`at least one attribute being an amplitude value used to determine
`whether a refraction is to be processed in determining a grade of
`said each of said gemstone models.
`
`models to obtain a
`set of values for
`each attribute, at
`least one attribute
`being an amplitude
`value used to
`determine whether
`a refraction is to be
`processed in
`determining a grade
`of said each of said
`gemstone models;
`and
`
`
`T. Scott Hemphill et al., Modeling The Appearance of the Round
`Brilliant Cut Diamond: An Analysis of Brilliance, Gems &
`Gemology, Fall 1998, at 158, 171.
`
`
`Id. at 173.
`
`
`
`Page 28 of 108
`
`

`
`Id. at 179.
`
`
`Id. at 172.
`
`
`
`
`
`
`
`
`Page 29 of 108
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`

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`
`
`
`
`
`
`
`
`
`Ilene M. Rei