Filed on behalf of: Fitbit, Inc.
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`Paper No. ____
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FITBIT, INC.
`Petitioner
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`v.
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`ALIPHCOM, INC. D/B/A JAWBONE
`Patent Owners
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`U.S. Patent No. 8,529,811
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`DECLARATION OF DR. DARRAN CAIRNS
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`FITBIT EXHIBIT 1002
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`TABLE OF CONTENTS
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`Page
`INTRODUCTION .............................................................................................. 1 
`I. 
`QUALIFICATIONS ............................................................................................ 1 
`II. 
`SUMMARY OF OPINIONS ................................................................................ 4 
`III. 
`LEVEL OF ORDINARY SKILL IN THE ART ....................................................... 6 
`IV. 
`BACKGROUND OF THE RELEVANT FIELD ...................................................... 7 
`V. 
`BACKGROUND OF THE ’811 PATENT ............................................................ 16 
`VI. 
`VII.  CLAIM CONSTRUCTION ................................................................................ 18 
`VIII.  PRIOR ART ..................................................................................................... 19 
`Anderson ............................................................................................... 19 
`A. 
`Downey ................................................................................................. 21 
`B. 
`Lo ........................................................................................................ 21 
`C. 
`Huang ................................................................................................... 22 
`D. 
`Toyoda .................................................................................................. 23 
`E. 
`Azuma ................................................................................................... 25 
`F. 
`Brennan ................................................................................................ 25 
`G. 
`CERTAIN REFERENCES TEACH OR SUGGEST ALL THE CLAIMED
`FEATURES OF CLAIMS 1–26 OF THE ’811 PATENT ........................................ 26 
`Ground 1: Lo Teaches All the Features of Claims 16-19, 23, and 26 ............... 27 
`A. 
`Claim 16 ..................................................................................... 27 
`1. 
`Claim 17 ..................................................................................... 31 
`2. 
`Claim 18 ..................................................................................... 33 
`3. 
`Claim 19 ..................................................................................... 34 
`4. 
`Claim 23 ..................................................................................... 34 
`5. 
`Claim 26 ..................................................................................... 35 
`6. 
`Ground 2: Lo and Huang Teach or Suggest All the Features of Claims 20–
`22 ......................................................................................................... 36 
`Claim 20 ..................................................................................... 36 
`1. 
`Claim 21 ..................................................................................... 38 
`2. 
`Claim 22 ..................................................................................... 40 
`3. 
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`IX. 
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`B. 
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`C. 
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`D. 
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`E. 
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`F. 
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`G. 
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`H. 
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`Ground 3: Lo and the Handbook of Thermoplastic Elastomers Teach or
`Suggests All the Features of Claim 24 ........................................................ 42 
`Claim 24 ..................................................................................... 42 
`1. 
`Ground 4: Lo and Toyoda Teach or Suggests All the Features of Claim 25 ................ 44 
`Claim 25 ..................................................................................... 44 
`2. 
`Ground 5: Anderson and Downey Teach or Suggest All the Features of
`Claims 1, 6, and 15 ................................................................................. 48 
`Claim 1 ....................................................................................... 48 
`1. 
`Claim 6 ....................................................................................... 56 
`2. 
`Claim 15 ..................................................................................... 57 
`3. 
`Ground 6: Anderson and Downey in View of Huang Teach or Suggest All
`the Features of Claims 2, 3, and 5 .............................................................. 57 
`Claim 2 ....................................................................................... 57 
`1. 
`Claim 3 ....................................................................................... 58 
`2. 
`Claim 5 ....................................................................................... 60 
`3. 
`Ground 7: Anderson and Downey in View of the Handbook of
`Thermoplastic Elastomers Teach or Suggest All the Features of Claims 4
`and 7 ..................................................................................................... 61 
`Claim 4 ....................................................................................... 61 
`1. 
`Claim 7 ....................................................................................... 62 
`2. 
`Ground 8: Anderson and Downey in View of Toyoda Teach or Suggest All
`the Features of Claims 8 and 9 .................................................................. 64 
`Claim 8 ....................................................................................... 64 
`1. 
`Claim 9 ....................................................................................... 66 
`2. 
`Ground 9: Anderson and Downey in View of Azuma Teach or Suggest All
`the Features of Claims 10–12 .................................................................... 68 
`Claim 10 ..................................................................................... 68 
`1. 
`Claim 11 ..................................................................................... 70 
`2. 
`Claim 12 ..................................................................................... 73 
`3. 
`Ground 10: Anderson and Downey in View of Brennan Teach or Suggest
`All the Features of Claims 13 and 14 ......................................................... 74 
`Claim 13 ..................................................................................... 74 
`1. 
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`I. 
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`Claim 14 ..................................................................................... 75 
`2. 
`CONCLUSION ................................................................................................ 77 
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`X. 
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`I, Darran Cairns, declare as follows:
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`I.
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`INTRODUCTION
`1.
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`I have been retained by Fitbit Inc. (“Petitioner”) as an independent
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`expert consultant in this proceeding before the U.S. Patent and Trademark Office
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`regarding U.S. Patent No. 8,529,811 (“the ’811 patent”), which I understand is
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`labeled as Ex. 1001 in this proceeding. I have been asked to consider, among other
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`things, whether certain references teach or suggest the features recited in claims 1–
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`26 of the ’811 patent. My opinions are set forth below.
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`2.
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`I am being compensated at my normal consulting rate for the time I
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`spend on this matter. No part of my compensation is dependent on the outcome of
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`this proceeding or any other proceeding involving the ’811 patent. I have no other
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`interest in this proceeding.
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`II. QUALIFICATIONS
`3.
`I am the CEO of Tailored Surfaces, a technology development and
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`consulting company focused on functional coatings for the technology industry,
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`and an Adjunct Associate Professor of Mechanical and Aerospace Engineering at
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`West Virginia University, where I have served on the faculty since 2006. I was an
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`Associate Professor with Tenure at West Virginia University until August 2014.
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`4. My undergraduate degree in Physics (1995) and PhD in Materials
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`Science and Engineering (1999) are from the University of Birmingham in the
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`United Kingdom. From 1998 to 2001 I was a postdoctoral research associate in
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`engineering at Brown University. During my time at the University of
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`Birmingham, I performed research on multi-layer polymer encapsulated optical
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`fibers and optical fiber sensors and worked closely with engineers at Pirelli Cables.
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`During my time at Brown University, I performed research on the use of polymeric
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`materials for optoelectronic and display devices including flexible electronics,
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`conformable displays, encapsulated liquid crystal devices, and touch sensors.
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`5.
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`In 1995, I entered the graduate program at the University of
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`Birmingham in Materials Science and Engineering, where I received my Ph.D. in
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`1999. In graduate school, I instructed lab courses in polymer processing including
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`molding, extrusion and rheology. My dissertation research concerned the
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`mechanical reliability of multi-layer polymer encapsulated optical fibers.
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`6.
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`At West Virginia University my research focused on the fabrication of
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`flexible devices utilizing protective coatings, liquid crystal materials, composites
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`and the like. My work was funded by federal agencies: The National Science
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`Foundation, NASA, the Air Force Office of Sponsored Research, the Department
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`of Energy; and provide companies: EuropTec USA, Grote Industries, Kopp Glass,
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`Eastman Chemical and Articulated Technologies. I have worked closely with
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`engineers at each of these companies and assisted them in developing and
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`commercializing encapsulated polymer and coated glass products including a
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`durable multi-layer reflecting window film; encapsulated electronic lighting for
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`automotive use; hydrophobic and oleophobic glass for displays; and flexible
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`backlights for displays.
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`7.
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`In my own research program, I am developing patented technologies
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`on functional coatings for electronic and energy applications. I am a named
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`inventor on 11 issued U.S. patents.
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`8.
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`At West Virginia University, I have taught students in both the
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`graduate and undergraduate programs. For example, I offer a large classroom-
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`based graduate course entitled, “Thermodynamics and Kinetics of Materials,”
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`where I teach how time and temperature impact materials and their processing. I
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`also have offered undergraduate classroom-based courses entitled “Mechanics of
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`Materials” and “Intermediate Mechanics of Materials” where I teach students to
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`design mechanical systems, components or processes, and introduce them to
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`manufacturing processes used for materials including molding, forming and
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`deposition.
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`9.
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`Prior to joining the faculty at West Virginia University, I worked for
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`five years as a Research Specialist at 3M. My research there focused on nano-
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`composite materials for wear resistant optical coatings used for touchscreen
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`applications. My work at 3M included the development of patented and
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`proprietary
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`technologies
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`to protect
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`the electronic
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`touch surfaces using
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`encapsulation and coating methods and associated manufacturing processes. My
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`work at 3M included the use of surface treatments and materials to impart
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`hydrophobicity, oleophobicity and anti-microbial properties.
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`10.
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`I am a member of the Society of Information Display (SID), the
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`Institute of Physics (IOP) and the American Society of Mechanical Engineers
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`(ASME).
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`11. My students have been awarded prestigious fellowships for work
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`performed in my laboratory including NSF Graduate Fellowships (3 students),
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`NDSEG Fellowship (1 student) and the RUBY graduate Fellowship (1 student).
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`12.
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`I have served as a consultant to Corning, Arkema and Crossville
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`Ceramics.
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`13. My curriculum vitae documents more than 79 scientific publications
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`in journals, books, and peer-reviewed conferences, as well as invited presentations
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`on my work in polymer materials for electronic devices and surfaces, and is
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`provided as Exhibit 1022.
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`III. SUMMARY OF OPINIONS
`14. All of the opinions contained in this Declaration are based on the
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`documents I reviewed and my knowledge and professional judgment. In forming
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`the opinions expressed in this Declaration, I reviewed the documents mentioned in
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`this declaration, including the ’811 patent (Ex. 1001), the prosecution history file
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`of the ’811 patent (Ex. 1019), U.S. Patent Application Publication Nos.
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`2006/0264756 to Lo et al. (“Lo”) (Ex. 1003), 2009/0047797 to Anderson et al.
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`(“Anderson”) (Ex. 1004), 2009/0295596 to Downey et al. (“Downey”) (Ex. 1005),
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`2006/0110537 to Huang et al. (“Huang”) (Ex. 1007), and 2010/0178834 to Toyoda
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`et al. (“Toyoda”) (Ex. 1008), U.S. Patent Nos. 5,286,330 to Azuma et al.
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`(“Azuma”) (Ex. 1009), 5,844,523 to Brennan et al. (“Brennan”) (Ex. 1010),
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`6,361,870 to Steffl et al. (“Steffl”) (Ex. 1011), and 6,447,886 to Mohammed et al.
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`(“Mohammed”) (Ex. 1012), several industry references including the “Handbook
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`of Thermoplastic Elastomers” by Jiri G. Drobny (Ex. 1006), the third edition of
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`“Handbook of Plastics, Elastomers, and Composites” by Charles A. Harper (Ex.
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`1023), and “Thermoplastic Elastomers” by Geoffrey Holden et al. (Ex. 1025), trade
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`publications by SRI International entitled “Anti-Smudge, Easy-to-Clean Product
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`Coatings” (Ex. 1014) and by Eric L. Bruner and Edward Hughes entitled “Surfaces
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`Matter” (Ex. 1013), and product brochures from Henkel & Co. entitled “Electronic
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`Solutions” (Ex. 1015), DuPont Engineering Polymers entitled “Electric/Electronic
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`Thermoplastic Encapsulation” (Ex. 1026), and Dow Corning entitled “Information
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`about Dow Corning Brand® Conformal Coatings” (Ex. 1027). My opinions are
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`additionally guided by my appreciation of how a person of ordinary skill in the art
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`would have understood the claims of the ’811 patent at the time of the alleged
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`invention, which I have been asked to assume is June 10, 2011.
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`15. Based on my experience and expertise, it is my opinion that certain
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`references teach or suggest all the features recited in claims 1–26 of the ’811
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`patent.
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`16. At the time of the alleged invention, in 2011, a person of ordinary
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`skill in the art would have had at least two years of relevant college-level
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`coursework in an engineering field with one to two years of post-education
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`relevant work experience.
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`17.
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`In determining the level of ordinary skill, I have been asked to
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`consider, for example, the types of problems encountered in the art, prior solutions
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`to those problems, the rapidity with which innovations are made, the sophistication
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`of the technology, and the educational level of active workers in the field. Active
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`workers in the field would have had at least two years of college-level coursework
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`in a relevant engineering field, as noted above. Depending on the level of
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`education, it would have taken between 1–2 years for a person to become familiar
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`with the problems encountered in the art and to become familiar with the prior and
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`current solutions to those problems.
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`18.
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`In my capacity as a professor at the West Virginia University, a large
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`proportion of the students whom I train and supervise would also be considered to
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`be persons of ordinary skill in the art under the above level of skill at the relevant
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`timeframe.
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`19.
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`In June 2011, a person of ordinary skill in the art of overmolding
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`electronic devices would have been familiar with a wide range of methods for
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`applying protective, decorative, and structural moldings and coatings to form
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`consumer electronic devices used in a variety of product applications. A person of
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`ordinary skill in the art would also have been familiar with the use of a variety of
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`materials that may be applied, either alone or with known additives, to impart
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`particular properties to an end product. Such an artisan would likewise have been
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`aware of what sort of properties and materials are desirable for particular product
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`application or end use.
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`V. BACKGROUND OF THE RELEVANT FIELD
`20. The’811 patent claims are addressed to basic techniques that were
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`well-understood fundamentals of plastic manufacturing long before the ’811
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`patent. The materials and properties recited in the various claims were likewise
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`predictable choices that were well known and readily implemented by those in the
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`art before the ’811 patent’s priority date.
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`21. By June 2011, the field involving the application of plastics and other
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`coatings to build, protect, and finish products and devices was mature and well
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`developed. Persons of ordinary skill working in this space had knowledge of a
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`variety of long-standing manufacturing and design techniques and fundamentals.
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`These included a number of methods of applying substances to produce a desired
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`structure or coating and a variety of well-understood materials useful for producing
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`desired properties and how to apply them. Such methods include overmolding,
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`which, in contrast to separately forming a coating and then affixing it to an
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`underlying article, involves using a mold to apply material directly to (and form a
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`molding on) the surface of an underlying article or previously formed layer.
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`22. A typical project for a person of ordinary skill in the art in June 2011
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`would have been determining the end use requirements for a given product (e.g.,
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`contact with a user’s skin, flexibility or rigidity, protection of underlying electronic
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`components, shock resistance, water-resistance, exposure to sunlight, texture,
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`color, tamper resistance) and choosing a combination of known materials and
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`application
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`techniques
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`to design and fabricate a product meeting such
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`requirements. By June 2011, the challenges faced by those skilled in the art were
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`chiefly economic (i.e., cost effective application to mass production) rather than
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`technical.
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`23.
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`In addressing such projects, those skilled in the art had a variety of
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`resources at their disposal. These included industry reference handbooks that
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`catalogued the properties and applications for a wide range of materials and
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`additives and manufacturing methods for applying them, including preferred
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`techniques and operating conditions.
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`24. One such reference guide is the Handbook of Thermoplastic
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`Elastomers by Jiri Drobny (Ex. 1006), a nearly 400 page book published in 2007,
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`that is illustrative of the sort of reference materials available to and the knowledge
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`of skilled artisans. As it explains in its preface:
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`The goal of this work is to compile in one place the current
`working knowledge of chemistry, processing, physical, and
`mechanical properties, as well as
`the applications of
`thermoplastic elastomers.
`
`* * *
`A rather comprehensive review of processing methods
`applicable generally to thermoplastic elastomers is in Chapter 4.
`. . . In some cases processing conditions for individual
`thermoplastic elastomers are
`in corresponding chapters.
`Additional processing data for most commercial TPEs are in
`Appendix 4.
`
`* * *
`The focus is more on practical than on theoretical subjects. The
`goal has been to provide a useful reference and resource of
`learning the basics for those entering the field and updated
`references for those already involved in polymerization,
`processing, and part manufacture. The work is also intended to
`be a solid resource for end users as a well as a comprehensive
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`textbook for students specializing in polymer science and
`technology or material science.
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`Ex. 1006 at xvii (Preface).
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`25. The handbook includes a 125-page chapter explaining a range of
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`molding and other manufacturing techniques. It addresses material preparation
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`and treatment, a variety of available molding and extrusion techniques, and
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`secondary manufacturing processes, such as finishing and decorative techniques.
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`It also includes “individual detailed chapters describing individual groups of TPEs
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`containing specifics as to the industrial preparation properties, processing methods,
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`and conditions for each group.” Id.
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`26. As its title implies, the Handbook of Thermoplastic Elastomers is
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`focused on thermoplastic elastomer materials and manufacturing. A number of
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`similar reference guides were available for other types of plastics and polymers,
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`such as Handbook of Plastics, Elastomers, and Composites by Charles Harper (Ex.
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`1023) and Thermoplastic Elastomers by Geoffrey Holden, Hans R. Kricheldorf &
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`Roderic P. Quirk (Ex. 1025).
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`27.
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`Individuals of ordinary skill in the art also had access to and
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`familiarity with a variety of resources and solutions from industry suppliers. Many
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`of the materials used to fabricate consumer devices were off-the-shelf products
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`marketed by a number of chemical suppliers (e.g., Henkel, Dow, DuPont) with
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`guidance and instructions from suppliers as to how and in what products to apply
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`the materials. See e.g., Marketing Materials, Henkel Corporation, Electronic
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`Solutions (2005) (Ex. 1015); Marketing Materials, DuPont Engineering Polymers,
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`Electrical/Electronic Thermoplastic Encapsulation (1997) (Ex. 1026); Marketing
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`Materials, Dow Corning, Information About Dow Corning Brand® Conformal
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`Coatings (2008) (Ex. 1027).
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`28.
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`In addition to such products and product literature, chemical suppliers
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`often provided design and engineering support to assist in the selection of
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`combinations of materials and manufacturing techniques that would fit the
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`requirements of a particular product. See e.g., Ex. 1027 at 2; Ex. 1015 at 2.
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`29. A May 2005 brochure from Henkel & Co. illustrates the knowledge
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`and understanding those of skill in the art had of coating electronic components as
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`well as the type of industry-specific information and off-the-shelf solutions readily
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`available to skilled artisans. In my experience, comparable materials were
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`provided by a number of competing suppliers (e.g., Dow, DuPont) for a number of
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`different product segments. Exemplary brochures from DuPont and Dow are
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`provided as Exhibits 1026 and 1027. For example, Dow advertises services such
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`as “tutorials,” “equipment recommendations,” and “consultation with experts”
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`wherein “our experts visit your facility or [you can] join us at one of our global
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`application centers to work together on your material and processing needs” in its
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`product guide advertising its conformal coatings. Ex. 1027 (2008 Dow Corning
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`Conformal Coatings Product Information) at 2; id. at 1 (“Long-term, reliable
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`protection of sensitive circuits and components has become increasingly more
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`important in many delicate and demanding electronic applications. . . . In addition
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`to sustaining their physical and electrical properties over a broad range of
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`operating conditions, silicones are resistant to ozone and ultraviolet degradation”);
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`id. (“Conformal coatings are materials applied in thin layers . . . onto printed
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`circuits or other electronic substrates. . . . [to] protect electronic printed circuit
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`boards from moisture and contaminants”); id. (“Dow Corning coatings are
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`particularly useful for protecting circuitry in severe-service environments . . .
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`[including] everyday temperature and humidity extremes seen in consumer
`
`electronics”). DuPont similarly markets its materials. See Ex. 1026 (1997 DuPont
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`Electrical/Electronic Thermoplastic Encapsulation product guide).
`
`30. The Henkel brochure explains its various product solutions for the
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`coating, protection, and packaging of electronic devices including elements
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`coupled to a circuit board. Ex. 1015. This was a common product application
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`addressed by those skilled in the art in 2011. One of the Henkel product lines
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`discussed in the brochure, Loctite, was a widely used commercial product that the
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`’811 patent itself indicates may be used to form the sort of protective coatings that
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`the brochure described six years earlier.1
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`31. As highlighted by the figure below, the Henkel brochure identifies a
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`number of off-the-shelf products used to encapsulate a printed circuit board and
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`electronic elements mounted on one:
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`
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`1 The Henkel brochure is dated May 2005. It may be found at the following URL:
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`http://www.loctite.ph/php/content_data/LT4145_Electronic_Solutions.pdf.
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` The
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`brochure was returned as Google search result for materials from prior to January
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`1, 2010. The metadata on the pdf of the brochure at the above address indicates it
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`was created and modified on May 11, 2005, which is consistent with the date
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`found on the last page of the brochure. The contents of the brochure are consistent
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`with my recollection of available products around this timeframe.
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`32.
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` The Henkel brochure is indicative of the knowledge had by those of
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`skill in the art. It illustrates a variety of well-known protective coatings and
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`moldings that those skilled in the art understood could be applied, alone or in
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`combination, to electronic elements on a circuit board as well as to the board itself.
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`The benefits of such coatings and moldings were likewise well understood. As the
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`brochure explains:
`
`Our potting and encapsulation compounds protect PCBs and
`electrical devices by enhancing mechanical strength, providing
`electrical
`insulation, and
`increasing vibration and shock
`resistance. . . . And Loctite® conformal coatings protect circuit
`boards from thermal shock, moisture, humidity, corrosive
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`Id. at 29.
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`materials, and many other adverse conditions, extending their
`longevity in harsh marine, automotive, aerospace and consumer
`electronic applications.
`
`
`33. The benefits identified in the Henkel brochure were well understood
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`by those skilled in the art and it was likewise known in what sort of end products
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`and uses particular properties would be desired.
`
`34.
`
`In addition to Henkel, a number of other suppliers sold materials
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`marketed for the particular properties they could impart to coatings and moldings
`
`for particular end-use products. For example, oleophobic and hydrophobic
`
`materials were available commercially from a number of sources. See, e.g., Ex.
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`1013 (describing products that “create[] a water-repellant (hydrophobic) and oil-
`
`repellant (oleophobic) surface[]”) and Ex. 1014 (marketing products for “rendering
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`[surfaces] to be hydrophobic, hydrophilic, oleophobic or oleophilic by design”);
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`see also Ex. 1011 at 1:16–21 (“Polymer surfaces typically have hydrophobic . . .
`
`properties”). Similarly, a number of off-the-shelf materials or additives were
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`available to provide protection against degradation caused by ultraviolet radiation
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`or bacteria and other microbes. See, e.g., Ex. 1006 at 13–14 (§§ 3.2–3.2.2)
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`(discussing “[t]he most widely used UV absorbers”) and 23–24 (§ 3.12)
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`(referencing list of commercially available antimicrobial additives).
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`VI. BACKGROUND OF THE ’811 PATENT
`35. The ’811 patent describes a method of applying a number of coating
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`layers—some of them protective—on top of one or more electronic elements
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`including a sensor that are “coupled with a framework for a wearable device.” Ex.
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`1001 at 2:14–18, 12:36–39, 13:40–54, and 14:24–38. The framework may include,
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`inter alia, a printed circuit board. Id. at 3:36–40 (“In some examples, framework
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`102 may be referred to interchangeably as a substrate, wafer, board (printed,
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`unprinted, or otherwise), or other surface upon which elements 104-106 may be
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`mounted, placed, or otherwise fixed.”). The elements are described generally as
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`“electrical and electronic components such as microprocessors, processors, data
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`storage and computer memory, [or] sensors.” Id. at 10:30–32.
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`36. The ’811 patent describes applying three types of layers to the
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`elements and framework, including: (1) a “covering” or “protective material” over
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`one or more of a plurality of elements; (2) one or more “inner moldings”
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`substantially over the covering or protective material, the framework, and the
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`plurality of elements; and (3) an “outer molding” covering “all or substantially all”
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`of the one or more inner moldings. Id. at 13:40–54 and 14:24–38. The purposes of
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`such layers include protection from “various conditions such as use, weather,
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`shock, temperature, or other environmental conditions to which finished products
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`. . . may be subjected.” Id. at 9:39–44.
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`37. The first coating layer is described as a “covering” (claims 1-15) or
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`“protective material” (claims 16-25) that is applied “substantially over one or more
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`of a plurality of elements coupled with a framework.” Id. at 13:41–43 and 14:24–
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`26. The patent does not specify whether this layer must be molded or what
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`material must be used. Rather it “may be” any of a number of materials including
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`“coatings, adhesives, gels, [or] liquids” as well as “epoxies, polymers, elastomers,
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`and the like, without limitation.” Id. at 4:44–47, 6:48–51, and 8:1–12.
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`38. The second type of layer is one or more “inner moldings”
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`substantially over the first coating layer, plurality of elements, and the framework.
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`Id. at 13:46–48 and 14:29–33. The ’811 patent does not specify a molding
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`technique or material that must be used for the inner moldings, but rather discloses
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`that “a variety of molding techniques” may be implemented, using “any . . .
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`organic or inorganic material that can be molded in a mold cavity.” Id. at 5:19–24.
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`39. The third type of layer, an “outer molding,” covers “all or
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`substantially all” of the one or more inner moldings and is “configured to be
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`positioned in contact with the user.” Id. at 13:51–54 and 14:34–37. The layers are
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`depicted in Figure 4:
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`40.
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`In all, the ’811 patent includes 26 claims, with two independent
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`claims: claim 1 and claim 16. Ex. 1001 at 13:40–54 and 14:23–38. Both
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`independent claims are directed to the number of layers applied and the method of
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`applying them. Id. The twenty four dependent claims are directed to the materials
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`used in the framework (claims 10–14), id. at 14:10–20, the quality control steps of
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`inspecting for defects and removing then reapplying defective layers (claims 8, 9,
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`and 25), id. at 14:3–9 and 14:60–62, and the qualities given to the layers such as
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`making them “anti-bacterial” or “oleophobic” or giving them a pattern (claims 2-7,
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`15, 18–24, and 26), id. at 13:55–14:2, 14:21–22, 14:42–59, and 14:63–64. One
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`dependent claim also discloses that the elements mentioned in independent claim
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`16 are configured to perform some unspecified operation with the data from the
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`sensor. Id. at 14:39–41.
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`VII. CLAIM CONSTRUCTION
`41.
`I understand that in this proceeding, a claim receives its broadest
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`reasonable construction in light of the specification of the patent in which it
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`appears. I also understand that in these proceedings, any term that is not construed
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`should be given its plain and ordinary meaning under the broadest reasonable
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`construction. I have followed these principles in my analysis below.
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`42. Claims 1 and 16 recite a process for forming layers that includes
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`“forming a . . . molding.” Ex. 1001 at 13:46–54 and 14:29–38.
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`43.
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`I have been asked to analyze the claims of the ’811 patent and the
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`prior art under various possible constructions. First, I have been asked to assume
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`that “forming a . . . molding” does not require further construction and carries the
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`ordinary meaning it would have to one skilled in the art in 2011 in light of the
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`specification. Second, I have also been asked to analyze “forming a . . . molding”
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`under the following constructions: “using a. . . mold to apply material;” “making
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`with a mold . . . a molding;” and “using a mold to form a . . . material.”
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`44.
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`I have analyzed the prior art and the ’811 claims under these
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`constructions and my opinion is that the prior art references discussed below teach
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`or suggest every element of the ’811 patent claims under any of the