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Filed on behalf of: Unified Patents Inc.
`By: Philip Andrew Riley
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001–4413
`Telephone: 202-408-4000
`Facsimile: 202-408-4400
`E-mail:
`Qurio904-IPR@finnegan.com
`
`
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Avenue, NW, Floor 10
`Washington, DC 20009
`Telephone: 202-805-8931
`E-mail:
`jonathan@unifiedpatents.com
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`UNIFIED PATENTS INC.,
`Petitioner
`
`v.
`
`QURIO HOLDINGS, INC.,
`Patent Owner
`____________
`
`IPR2016-00998
`Patent 7,787,904
`Personal Area Network Having Media Player and
`Mobile Device Controlling the Same
`__________
`
`DECLARATION OF DR. CHARLES ELDERING
`
`
`
`Page 1 of 7
`
`Unified Patents Exhibit 1028
`
`

`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained by Unified Patents Inc. (“Unified” or
`
`“Patent Owner”) as an independent expert consultant in this proceeding
`
`before the United States Patent and Trademark Office. Although I am being
`
`compensated at my usual rate of $425.00 per hour for the time I spend on
`
`this matter, no part of my compensation depends on the outcome of this
`
`proceeding, and I have no other interest in this proceeding.
`
`2.
`
`Counsel for Petitioner Unified Patents Inc. (“Unified” or
`
`“Petitioner”) has asked me to investigate and opine on certain issues related
`
`to U.S. Patent No. 7,787,904 B2 entitled “PERSONAL AREA NETWORK
`
`HAVING MEDIA PLAYER AND MOBILE DEVICE CONTROLLING
`
`THE SAME” (the “’904 Patent”). Specifically, I understand that Unified is
`
`seeking to join IPR2015-02005, and Unified has requested that I adopt the
`
`expert declaration of Tal Lavian, Ph.D. to support Unified’s motion for
`
`joinder. See IPR2015-02005, Ex. 1013 (Decl. of T. Lavian).
`
`3.
`
`I have reviewed Dr. Lavian’s declaration and the accompanying
`
`exhibits. I agree with Dr. Lavian’s analysis regarding the ‘904 patent and
`
`would, subject to changes in wording and any additional analysis I may need
`
`to perform, be able to adopt his position as my own.
`
`
`
`Page 2 of 7
`
`

`
`II. QUALIFICATIONS AND EXPERIENCE
`
`13.
`
`I possess the knowledge, skills, experience, training and the
`
`education to form an expert opinion and testimony in this case. A detailed
`
`record of my professional qualifications, including a list of patents and
`
`academic and professional publications, is set forth in my curriculum vitae
`
`attached to this declaration as Attachment A.
`
`14.
`
`I received a B.S. from Carnegie Mellon University in Physics, a
`
`M.S. from Syracuse University in Solid State Science and Technology, and a
`
`Ph.D. in Electrical Engineering.
`
`15.
`
`I have been involved in computer engineering, fiber-optic, cable
`
`based, and network telecommunications systems for over 20 years. My
`
`experience at Expanse Networks, Inc., a company I founded in 2000, was
`
`instructive.
`
`16. At Expanse Networks, I worked extensively on developing
`
`system solutions and initial system prototypes and products for targeted
`
`television advertising, which included network architectures, software for
`
`head-end and set-top box systems, and
`
`related sub-systems
`
`for
`
`understanding consumers from their purchases and viewing habits, and
`
`subsequently delivering the right advertisement to them.
`
`Page 3 of 7
`
`

`
`17.
`
`I am not an attorney and offer no legal opinions, but in my
`
`work, including my work as a patent agent, I have had experience studying
`
`and analyzing patents and patent claims from the perspective of a person
`
`skilled in the art, and have developed patent portfolios. I have been deposed
`
`and testified several times. I have previously served as a patent analyst and
`
`research consultant and I am a named inventor on at least 20 patents in the
`
`general area of areas of targeted advertising and presenting alternative
`
`advertisements upon fast forwarding, with others pending. I am an inventor
`
`or co-inventor on over 130 issued US patents.
`
`III. CONCLUSIONS
`
`18. The ’904 Patent relates to a mobile device that wirelessly
`
`communicates with media devices to select content to be played by the
`
`media devices. The mobile device, such as a mobile phone, a PDA, or “a
`
`stand-alone device similar to a remote control,” communicates with the
`
`media device via a WPAN such as Bluetooth, Wi-Fi, Zigbee or other
`
`wireless technologies. The mobile device obtains information which
`
`describes content residing at a media device and purportedly allows the user
`
`to select content to play at the media device.
`
`19. All of the ’904 concepts, features, and technologies were
`
`mainstream technologies in this field, and widely adopted in the market, at
`
`Page 4 of 7
`
`

`
`the time of the ’904 Patent application. They were well-known, including in
`
`patents, publications and products sold in the market. The Declaration of
`
`Dr. Lavian identifies a number of key references, although I believe other
`
`references may exist. Consistent with Dr. Lavian, it is my opinion that the
`
`independent claims of ’904 were actually anticipated by most of the
`
`references; each one alone.
`
`20.
`
`In Ground 1, De Vet and Vidal make Claims 1-3, 10, 12 and
`
`15-18 unpatentable as being obvious. Vidal discloses a touch-screen remote
`
`control that communicates wirelessly over Bluetooth, with a plurality of
`
`media devices. The remote control communicates with media devices
`
`within a short range wirelessly. De Vet discloses communication between
`
`the PDA and PC jukebox. Each one of De Vet and Vidal disclose features
`
`that allow play back of the content stored on a media device; allow the user
`
`to browse the content of the media device and store information about that
`
`content; and features that allow play back of the content stored on a media
`
`device. All the elements of Claim 1 are disclosed by each of De Vet and
`
`Vidal; Claim 1 is anticipated by each of them.
`
`21.
`
`In Ground 2, Claims 1-3, 10, 12 and 15-18 are obvious over
`
`Morse and Holloway. Both Holloway and Morse disclose “a wireless
`
`communication interface with the plurality of media devices”, with
`
`Page 5 of 7
`
`

`
`Holloway specifically disclosing bi-directional control via Bluetooth
`
`protocol. Both Morse and Holloway disclose similar technology to the ’904
`
`patent for “A control system adapted to, for each of the plurality of media
`
`devices”. Morse and Holloway disclose a remote control system that
`
`communicates with the media device wirelessly and obtains and stores
`
`information describing content at the media device.
`
`22. Morse and Holloway both disclose features that allow play back
`
`of the content stored on a media device. Holloway also discloses control of
`
`a device via Bluetooth in similar fashion to the ’904 Patent. All the elements
`
`of Claim 1 are disclosed by each of Morse and Holloway; Claim 1 is
`
`anticipated by each of them.
`
`23. Ground 3 of the Declaration proves that Claims 1-3, 10, 12, and
`
`15-18 are disclosed by NetRemote and RX3000. It would have been
`
`obvious to one of skill to combine the NetRemote references and RX3000.
`
`They both address the same technical problems and contain similar subject
`
`matter. Both disclose control of digital media over Wi-Fi. Therefore, a
`
`wireless communication interface is disclosed and obvious to a POSITA.
`
`Both also disclose the browsing of media available on the media device and
`
`the storage of lists of tracks or album cover images in the mobile device.
`
`Both NetRemote and RX3000 disclose wirelessly browsing and playing of
`
`Page 6 of 7
`
`

`
`music over a Wi-Fi network and allow the playback of playlists. Therefore
`
`they both disclose all the elements of Claims 1-3, 10, 12 and 15-18 of the
`
`’904 Patent.
`
`24.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief
`
`are believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable
`
`by fine or imprisonment, or both, under 18 U.S.C. § 1001 and that such
`
`willful false statements may jeopardize the validity of the application or any
`
`patent issued thereon.
`
`Executed on May 4, 2016
`
`By: _____________________________
` Dr. Charles Eldering
`
`
`
`
`
`
`
`Page 7 of 7

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