Papst Licensing GmbH & Co., KG.
`Petitioner - Apple, Inc.
`Patent Owner - Papst Licensing GmbH & Co., KG.
`IPR2016-01862
`EXH. 2001
`
`1
`
`

`
`TABLE OF CONTENTS
`
`TABLE OF CONTENTS ............................................................................ .. ll
`
`INTRODUCTION ........................................................................................ ..l
`
`III.
`
`IV.
`
`QUALIFICATIONS ..................................................................................... ..l
`
`COMPENSATION AND PRIOR TESTIMONY ........................................ ..4
`
`INFORMATION CONSIDERED ________________________________________________________________ ..5
`
`VI.
`
`RELEVANT LEGAL STANDARDS .......................................................... ..6
`
`A. Written Description Sufficiency ......................................................... ..6
`
`VII.
`
`PERSON OF ORDINARY SKILL IN THE ART ....................................... ..6
`
`VIII.
`
`SUMMARY OF THE ‘746 PATENT .......................................................... ..7
`
`IX.
`
`ANALYSIS AND OPINIONS _____________________________________________________________________ ..8
`
`A.
`
`The ‘755 Application Supports the Claimed “Multi-purpose
`Interface” ____________________________________________________________________________________________ ..8
`
`B.
`
`The ‘755 Application Supports the Claimed “File System” ____________ .. 13
`
`CONCLUDING REMARKS ..................................................................... ..l7
`
`XI.
`
`EXHIBIT A: CURRICULUM VITAE OF DR. KENNETH W.
`
`FERNALD .................................................................................................. .. I8
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`XII.
`
`EXHIBIT B: MATERIALS CONSIDERED ............................................. ..24
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`2
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`II.
`
`INTRODUCTION
`
`1.
`
`My name is Kenneth Fernald, Ph_D_ I have been retained by counsel
`
`for Papst Licensing GmbH & Co., KG as an expeit witness in the above-captioned
`
`proceeding.
`
`2.
`
`I understand that Apple, Inc. (“Petitioner”) has alleged claims 1, 4, 6-
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`8, I0, I 1, 14, 20, 21, 23, 30, 34, and 35 of US. Patent No. 8,504,746 ("the ‘746 Pa-
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`tent") are unpatentable over the prior an cited in the above-captioned inter partes
`
`review.
`
`3.
`
`I have been asked to provide an opinion regarding the sufficiency of
`
`the March 1997 German application (“the ‘755 application”) in supporting certain
`
`claimed features on the ‘746 patent.
`
`III. QUALIFICATIONS
`
`4.
`
`My qualifications are summarized here and are addressed more fully
`
`in my CV attached as EXHIBIT A.
`
`I earned my Bachelor of Science and Master
`
`of Science degrees in Electrical Engineering from Noith Carolina State University
`
`(NCSU) in 1985 and 1987. During this period, I worked for the Space Electronics
`
`Group developing software for predicting the effects of radiation environments on
`
`integrated circuits.
`
`1 also consulted for the Naval Research Laboratory (NRL). My
`
`services to NRL included the design of dosimetry instrumentation and the execu-
`
`tion of radiation studies on electronic devices at various facilities around the Unit-
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`3
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`ed States. Ijoined NASA Langley Research Center in 1987 where I designed ino-
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`tor control instruments and firmware for ground and space station expeiinierits.
`
`5.
`
`I returned to NCSU in 1988 to cam my Ph.D. in Electrical Engineer-
`
`ing. My doctoral research efforts were funded by the National Science Foundation
`
`and focused on the development ofmedical systems utilizing wireless digital te-
`
`lemetry. My work included a thorough investigation of medical telemetry teclinol-
`
`ogy and design of a microprocessoi‘—based system for the fast prototyping ofim—
`
`plantable medical instruments.
`
`I also completed the design and testing of various
`
`components of this system, including a bidirectional digital telemetry integrated
`
`circuit (IC) and a general-purpose sensor interface and conversion IC.
`
`I completed
`
`my Ph.D. in 1992, after which [joined lntermedics Inc. in Angleton, Texas.
`
`6.
`
`My responsibilities at lntemiedics included system and circuit design
`
`of telemetry, signal—processing, and control lCs for medical devices. Examples in-
`
`clude the design of a sensor acquisition, compression, and storage IC for implanta-
`
`ble pacemakers and defibrillators.
`
`I also worked on advanced wireless digital te-
`
`lemetry technology, control [Cs for therapy delivery in defibrillators, and software
`
`development for sensor waveform compression and recovery.
`
`I left lntermedics in
`
`1998 tojoin Analog Devices Inc. in Greensboro, NC.
`
`7.
`
`My work at Analog Devices included the design of advanced ICs for
`
`wireless digital communication devices. Specific projects included the design, de-
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`2
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`4
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`

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`bug, and testing ofa base-band receiver IC for digital satellite systems. This IC
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`performed QPSK demodulation, symbol recovery, and forward-error correction for
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`high—bandwidth wireless video signals.
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`I also performed system design for a
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`CDMA base-band transceiver [C for personal communication devices.
`
`8.
`
`I rejoined lntennedics in 1998 as the first employee of an IC design
`
`group in Austin, Texas.
`
`I continued to work on next— veneration medical telemetry
`
`ICs until Intermedics was acquired by Guidant in 1999. At that time I joined Cyg-
`
`nal Integrated Products, a staitup company in Austin, Texas. My responsibilities at
`
`Cygnal included the design and development of mixed-signal embedded products
`
`for industrial and instrumentation applications. Specific projects included the de-
`
`sign of a proprietary communication system for in-system debug, a proprietary
`
`clock recovery method for USB devices, and the design of numerous analog and
`
`digital circuits and systems.
`
`I remained at Cygnal until its acquisition by Silicon
`
`Laboratories Inc. in 2003, at which time [joined Zilker Labs, a start—up company
`
`in Austin, Texas, as their first VP of Engineering and later became their Chief
`
`Technical Officer.
`
`9.
`
`My responsibilities at Zilker Labs included the development of ad-
`
`Vanced IC technologies for power management and delivery for board-level elec-
`
`tronic systems. Specific duties included architecture design and firmware devel-
`
`opment for all Zilker Labs products.
`
`I left Zilker Labs in 2006 to join Keterex as
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`3
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`5
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`

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`their first VP of Engineering. My responsibilities at Keterex included management
`
`of engineering resources, design and layout of application-specific integrated cir-
`
`cuits, and development of software and firmware for Keterex products.
`
`I joined
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`Silicon Laboratories in 2010 as a Principal Design Engineer and now hold the title
`
`of Distinguished Engineer. My responsibilities include architecture development
`
`and design of 8-bit and 32-bit microcontrollers. Projects have included microcon-
`
`trollers for metrology, motor control, and low—power and USB applications.
`
`10.
`
`I hold over 55 patents on technologies such as wireless telemetry for
`
`medical devices, low-power analog-to-digital converters, security in embedded
`
`systems, clock recovery in communication systems, serial communication proto-
`
`cols, and power management and conversion.
`
`1 have authored or co-authored over
`
`20 articles, presentations, and seminars on topics including radiation effects in mi-
`
`croelectronics, wireless medical devices, low—power circuit design, circuit design
`
`for digital communications, microcontrollers and embedded systems, and power
`
`management.
`
`I am also a co-author of the PMBusT'“ Power System Management
`
`Protocol Specification.
`
`IV. COMPENSATION AND PRIOR TESTIMONY
`
`l l.
`
`I am being compensated at a rate of $350 per hour for my work in this
`
`matter.
`
`I am being reimbursed for reasonable and customary expenses associated
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`6
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`

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`with my work in this investigation. My compensation is not contingent on the out-
`
`come of this matter or the specifics of my testimony.
`
`12. Within the last five years, 1 have testified by deposition in the follow-
`
`ing cases (with emphasis indicating the represented party):
`
`0 Paps! I,iL’en.s‘r'ng (.ir'mbH & ('0, KG v. Apple, Case 6:15-CV-I O95, deposed
`
`December 1, 2016.
`
`I
`
`Infl)B1'0m'c, Inc. v. Bmemar Mam4f&ic'(z(rt'ng, 1J.(', Cases lPR20l5-01679
`and IPR20lS-01688, deposed July 26, 2016.
`
`0 Lmmlnara Wr)r/dwide, H1’ 12. Liown I§fecm)nic:.s' ( '0. Lr‘d., et al., Civil No.
`14-cv-03103 (SRN/FLN), deposed March 30, 2016.
`
`0 Dane T86’/?!?()l()git‘.s', Inc. v. ("Ewe/reaperSv.s!em'.s', Inca, Civil No. 12-cv-
`2730—AD1Vl—AJB, deposed April 21-22, 2015 and August 2014.
`
`V.
`
`INFORMATION CONSIDERED
`
`13. My opinions are based on my years of education, research, and expe-
`
`rience, as well as my investigation and study of relevant materials.
`
`In forming my
`
`opinions, 1 have considered the materials 1 identify in this report and those includ-
`
`ed in EXHIBIT B of this report.
`
`I-4.
`
`This report represents only those opinions I have formed to date.
`
`1 re-
`
`serve the right to revise, supplement, and/or amend my opinions stated herein
`
`based on any new information and on my continuing analysis of the materials al-
`
`ready provided.
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`7
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`

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`VI. RELEVANT LEGAL STANDARDS
`
`A. Written Description Sufficiency
`
`I5. My analysis discussed in this declaration relates to the sufficiency of
`
`the written description of the ‘755 application.
`
`I have been advised that the test for
`
`sufficiency of the written description is whether the disclosure reasonably conveys
`
`to those skilled in the art that the Inventor had “possession” ofthe claimed subject
`
`matter.
`
`I understand that “possession" must be demonstrated by the material with-
`
`in the four corners of the ‘755 application.
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`In other words, the ‘755 application
`
`must describe an invention understandable to a person of ordinary skill in the art
`
`and show that the Inventor actually possessed what is claimed.
`
`VII. PERSON OF ORDINARY SKILL IN THE ART
`
`I6.
`
`I understand the invention date of ‘746 Patent to be March 4, 1997,
`
`based on the ‘755 application date listed on the face of the ‘746 Patent. A person
`
`of ordinary skill in the art (“POSITA”) is a hypothetical person ofordinary creativ-
`
`ity having “the capability of understanding the scientific and engineering principles
`
`applicable to the pertinent art.” Ex parte Hiyaniizu, I0 USPQ2d 1' 393, 1394
`
`(B.I’.A.I. I988). After reviewing the technology of the ‘746 Patent, I consider the
`
`relevant art to be, generally speaking, “the transfer of data and in particular to inter-
`
`face devices for communication between a computer or host device and a data
`
`transmit/receive device from which data is to be acquired or with which two-way
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`8
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`communication is to take place.” Exhibit 1001 {"746 patent) at 1:20-24.
`
`1 consider
`
`examples ofa person of ordinary skill in the alt, as of March 4, I997, to include a
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`person with at least a bachelor's degree in a related field such as computer engineer-
`
`ing or electrical engineering and at least three years of experience in the design, de-
`
`velopment, and/or testing of hardware and software components involved with data
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`transfer or in embedded devices and their interfaces with host systems. Alternative-
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`ly, a POSITA may have five or more years of experience in these technologies,
`
`without a bachelor’s degree.
`
`VIII. SUMMARY OF THE ‘746 PATENT
`
`17.
`
`The ‘746 Patent generally describes apparatus and methods for
`
`achieving high data transfer rates for data acquisition systems to a host computer,
`
`without requiring an end user to install specialized software for each host computer
`
`system. See, e.g., Exhibit 1001 (‘746 patent) at 3:33-37.
`
`18.
`
`At the time of the invention, there were an increasing number and va-
`
`riety of data acquisition systems with the ability to capture high volumes of infor-
`
`mation, and an increasing demand to transfer that information to commercially
`
`available, general purpose computers.
`
`Id. at 1:31-62. However, due to the hierar-
`
`chical nature of computer system software, device-specific drivers generally pro-
`
`vide higher data transfer rates, while more general-purpose drivers support a wider
`
`variety of devices at the cost of lower performance. Id. at 1:25-2:21. This is true
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`9
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`today, as well as at the time ofthe invention. The invention of the ‘746 patent al-
`
`lows a data acquisition system to identify itself as a type of device normally found
`
`in host computers in order to leverage the capabilities of drivers for such devices.
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`Id. at 4: 1 3-38. Accordingly, by using the invention, users could obtain high data
`
`transfer performance without loading specific software that may otherwise be re-
`
`quired to support a given data acquisition device on a given host computer system.
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`Id. at 3:32-48, 7:32-65, 8:31-36, 9:16-20, 11:29-46.
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`IX. ANALYSIS AND OPINIONS
`
`19.
`
`It is my understanding that Petitioner contends the ‘746 patent is not
`
`entitled to priority benefit ofthe ‘755 application because that application allegedly
`
`does not provide sufficient written description for the challenged claims. Paper 2
`
`(Petition) at I0.
`
`In the following sections I discuss my analysis and opinions for
`
`each of the claimed features for which Petitioner contends lacks support by the
`
`‘755 application.
`
`A.
`
`The "/‘S5 Application Supports the Claimed “Multi-purpose Inter-
`face”
`
`20.
`
`Based on the disclosure of the ‘755 application, it is my opinion that a
`
`person of ordinary skill in the art would understand the inventor to be in posses-
`
`sion of an invention including a connection to a host system via a multi-purpose
`
`interface. A single-purpose interface is an interface designed to connect to one
`
`specific type of device. For example, a classic floppy drive controller is one such
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`8
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`10
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`10
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`single-purpose interface. A host computer simply assumes that a floppy disk drive
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`(“FDD") is attached to its floppy disk drive controller. Exhibit 1001 (‘746 Patent)
`
`at 3: 14-21. As such, a single—puipose interface generally requires no means of de-
`
`termining what type of device is attached — the host simply assumes any attached
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`device is ofthe expected type. The ‘755 application makes it clear that such a sin-
`
`g1e—purpose interface is undesirable, stating “it is desirable that an interface be so
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`flexible that very different electrical or electronic systems can be linked to a host
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`device using an interface.” Exhibit [050 (‘755 application_) at 002 (_underline add-
`
`ed).
`
`21.
`
`As an alternative to a single-purpose interface, the ‘755 application
`
`describes using a host “input/output interface” which supports the ability of the
`
`host to determine what type of device is attached. Sec, e.g_, Exhibit 1050 (‘755
`
`application) at 001 (“when the host device makes a request via the first coupling
`
`device [of the input/output interface]
`
`and at 003 (“in the case ofa request
`
`from the host device via the first connecting device, which affects the type of de-
`
`vice that is linked to the host device,” “[when the host system is booted] normal
`
`BIOS routines output a command to each input/output interface
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`recognized
`
`among experts as an ‘INQUIRY’ command”). A person skilled in the art would
`
`understand an input/output interface which supports multiple device types, and as a
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`11
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`11
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`

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`consequence has the ability to determine what device type is attached, as a multi-
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`purpose interface.
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`22.
`
`Further, the ‘755 application describes at least two well—known multi-
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`purpose interfaces, the Small Computer System Interface (“SCSI”) and the En-
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`hanced Parallel Port interface (“EPP”), also known as the IEEE [284 interface.
`
`See, e.g., Exhibit I050 (‘755 application) at 002 and 003. The SCSI interface de-
`
`scribed in the ‘755 application is a multi—pu1pose interface which can connect to a
`
`variety of devices. The SCSI standard states “SCSI-2 includes command sets for
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`magnetic and optical disks, tapes, printers, processors, CDROMS, scanners, medi-
`
`um changers, and communications devices.” Exhibit 1012 (ANSI INC ITS 131-
`
`I994 [S20 1 3]) at Abstract. The SCSI standard further describes the ability to de-
`
`termine which type of device is attached, stating “[t]he formalized sequence of re-
`
`quests identify the type of attached SCSI—2 device, the characteristic of the device,
`
`and all the changeable parameters supported by the device.” Exhibit 1012 (ANSI
`
`INCITS I31-I994 [S20I3]) at 6 (underline added). Further, the SCSI standard
`
`states:
`
`The INQUIRY command may be used by a system to de-
`termine the configuration ofthe SCSI bus. Target devices
`respond with information that includes their type and
`standard level and may include the vendor’s identifica-
`tion, model number and other useful information.
`
`10
`
`12
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`12
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`

`
`Exhibit 1012 (ANSI INCITS 131-1994 [S2013]) at 85 (underline add-
`
`ed).
`
`23.
`
`In addition, the EPP interface described in the ‘755 application is also
`
`a multi-purpose interface which can connect to a variety of devices and has the
`
`ability to detect what type of device is attached. The IEEE 1284-1994 standard de-
`
`scribes the EPP interface as providing “bidirectional parallel communications be-
`
`tween hosts and printers or other peripherals." Exhibit 2004 (IEEE Std 1284-1994)
`
`at Abstract (underline added). This standard fuither describes, in part, the purpose
`
`of the EPP interface as follows:
`
`This standard was developed to provide an open path for
`communications between computers and more intelligent
`printers and peripherals. The availability of a standard
`bidirectional protocol will encourage the development of
`new peripherals that return significant data, as well as
`basic status, to the host.
`
`Exhibit 2004 (IEEE Std 1284-1994) at l (underline added).
`
`24.
`
`The EPP standard further describes the ability to determine what type
`
`of device is attached:
`
`Prior to the first peripheral-to-host transfer, the host does
`not know the type of device to which it is attached, or
`how to communicate with it. The device identification
`
`option allows the host to request ID information from the
`peripheral using one of the IEEE 1284 reverse data trans-
`fer modes (Nibble, Byte, or EC P). The peripheral identi-
`ties itself by sending a sequence of bytes to the host indi-
`cating its device type, device family, and language capa-
`bilities.
`
`ll
`
`13
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`13
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`

`
`Exhibit 2004 (IEEE Std 1284-1994) at 14 (underline added).
`
`25.
`
`As explained above, the ‘755 application describes a variety ofInu|ti-
`
`purpose interfaces and expressly utilizes features common to 1nulti—purpose inter-
`
`faces, such as the ability to request the identity ofthe attached device, to achieve
`
`the goals ofthe invention. As such, it is my opinion that the ‘755 application
`
`demonstrates the Inventor possessed an invention including a multi—purpose inter-
`
`face, as understood by a person of ordinary skill in the a1t_
`
`26.
`
`In what appears to be an attempt to identify the ‘746 patent’s inclusion
`
`of the tenn “multi—purpose interface” as new material, Petitioner contends that “the
`
`inventor understood multi—purpose interfaces as a replacement for BIOS routines
`
`integrating classical input/output interfaces.” Paper 2 (Petition) at 14 (underline
`
`added).
`
`I disagree. The evidence discussed below shows the Inventor understood
`
`the multi—purpose interface could be serviced by BIOS routines, a separate driver
`
`installed on the host system, or a combination of both.
`
`27.
`
`First, a citation offered by Petitioner actually contradicts the conten-
`
`tion that the Inventor understood the drivers for a multi—purpose interface to be
`
`separate from the BIOS. Specifically, the ‘746 patent states “however drivers for
`
`multi—purpose interfaces can also already be integrated in the BIOS of the host de-
`
`vice.” Exhibit 1001 (‘746 patent) at 3:61-63 (underline added). This material was
`
`cited by Petitioner, yet Petitioner neglected to comment on the underlined phrase.
`
`12
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`14
`
`14
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`

`
`Paper 2 (Petition) at 13-14. Further, the statement immediately following this ma-
`
`terial reads “[i]t is of course also possible to use BIOS routines in parallel with the
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`specific driver software for the multi—purpose interface.” Exhibit I001 (‘746 pa-
`
`tent) at 3:65-67. The ‘746 patent further describes using either BIOS routines or
`
`separate drivers for operating the multi-purpose interface, stating “communication
`
`between the host device and the multi-purpose interface can take place not only via
`
`drivers for input/output device[s] customary in a host device which reside in the
`
`BIOS system of the host device but also via specific interface drivers which, in the
`
`case of SCSI interfaces, are known as multi-purpose interface ASPI (advanced
`
`SCSI programming interface) drivers.” Exhibit I001 (‘746 patent) at 10:14-20.
`
`28.
`
`As indicated by the evidence cited above, the Inventor clearly did not
`
`understand that drivers for a multi-purpose interface would necessarily replace
`
`BIOS routines.
`
`In fact. it is patently clear that the Inventor describes the multi-
`
`interface drivers as residing solely in the BIOS, residing as separately installed
`
`drivers, or operating as a parallel combination of both. As such, Petitioner’s incor-
`
`rect contention fails to show that the ‘755 application does not support the multi-
`
`purpose interface requirements of claims of the ‘746 patent.
`
`B.
`
`The ‘755 Application Supports the Claimed “File System”
`
`29.
`
`It is my understanding that Petitioner contends the ‘755 application
`
`“includes no mention whatsoever of the ‘file system in the ADGPD” and as such
`
`13
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`15
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`15
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`
`fails to support the requirements ofa file system in claims ofthe ‘746 patent. Pa-
`
`per 2 (Petition) at 10.
`
`I disagree. As indicated by the evidence discussed below, a
`
`person of ordinary skill in the art would understand from the ‘755 application that
`
`the Inventor possessed an invention including a file system.
`
`30.
`
`In general, a file system is a scheme or method for storing data as a
`
`collection of tiles. The ‘755 application repeatedly describes multiple files J
`
`in the interface device ofthe invention, and as discussed below, a person skilled in
`
`the art would understand the interface device inherently has a file system. For ex-
`
`ample, the ‘755 application states:
`
`Even files that can be executed by the host device, e.g.,
`batch files or executable files (BAT files or EXE files) or
`even help files can be implemented in the interface de-
`vice
`This is because these EXE files are already in-
`stalled on the interface device 10 and appear in the virtu-
`al root directory through which the host device can ac-
`cess any programs stored on the interface device 10.
`
`Exhibit I050 (‘755 application) at 004 (underline added).
`
`31.
`
`Simply put, in order to be able to store these files and make them
`
`available to the host system, the interface device of the invention inherently im-
`
`plements a file system. Further, the ‘755 application explicitly describes a key
`
`component of this file system, e.g. a “file position table” (or “FAT”) when it states:
`
`Based on a command by the host device, the directory of
`the “virtual” hard disk drive, which is simulated by the
`interface device 10 to the host device, the digital signal
`processor responds to the host device exactly as a con-
`14
`
`16
`
`16
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`

`
`ventional hard disk would respond; namely, the file posi-
`tion table or FAT on a sector specified in the boot se-
`guence is read, which is normally the first writable sec-
`
`tor, and transferred to the host device.
`
`Exhibit 1050 (‘755 application) at 004 (underline added).
`
`32.
`
`As described above, the digital signal processor responds “exactly as a
`
`convention hard disk” by reading its “file position table.” In order to read this ta-
`
`ble, not only is the table clearly stored in the interface device, but it contains the
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`infonnation necessary to locate the various files stored in the interface device, such
`
`as the BAT, EXE, and help files described above. See, e.g., Exhibit 1050 (‘755
`
`application) at 003 (where the last paragraph describes a file position table as con-
`
`taining the position and length of tiles).
`
`33.
`
`Petitioner’s contention that the ‘755 application fails to support a “file
`
`system” appears based on 1) an understanding that all files must be “virtual” and
`
`“not actual files stored in an actual file system,” and 2) an understanding that the
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`FAT described by the ‘755 application is “merely simulated.” Paper 2 (Petition) at
`
`14. However, even ifone assumes a “virtual” file cannot actually be stored, Peti-
`
`tioner cites portions of the ‘755 application and ‘746 patent as alleged support
`
`without noting that the cited material actually starts with “[p]referably,” suggesting
`
`the cited language is describing only a subset of possible embodiments. Paper 2
`
`(Petition) at 14. As explained above, the ‘755 application clearly and repeatedly
`
`describes files stored in the interface device of the invention.
`
`15
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`17
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`17
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`34.
`
`Regarding the FAT, the only mention ofa FAT in the material of the
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`‘755 application cited by Petitioner reads;
`
`The digital signal processor 13 whose operating system is
`stored in the storage device 14 will respond to this coin-
`mand by it sending a virtual boot sequence for the host
`device, which, with physical drives, contains it, the initial
`position, and the length of the FAT (FAT = File Alloca-
`tion Table), the number of sectors, etc. This is recognized
`by experts. If the host device received this data, it is as-
`sumed that the interface device 10 as per a preferred de-
`sign example of the present invention is a hard disk drive.
`
`Exhibit 1050 (‘755 application) at 003.
`
`35.
`
`This statement describes that the initial position and length ofthe FAT
`
`is part of “a virtual boot sequence” sent to the host. This material does not suggest
`
`that the FAT itselfis “merely simulated” or that it does not contribute to a file sys-
`
`tem in the interface device.
`
`In fact, while Petitioner also cites similar language
`
`from the ‘746 patent, Petitioner does not direct the reader’s attention to language in
`
`the citation which indicates the digital signal processor of the invention “read[s] on
`
`request the file allocation table or FAT.” Exhibit 1001 (‘746 patent) at 5:49-58.
`
`Clearly, the FAT must actually exist in the interface device of the invention in or-
`
`der to be readable by its digital signal processor.
`
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`X.
`
`CONCLUDING REMARKS
`
`36.
`
`For the purpose of preparing this report, I have reviewed all the mate-
`
`riais and conducted analyses that I believe are appropriate given the evidence
`
`available at this time.
`
`I understand that I will have the right to supplement or
`
`amend this report if additional evidence or information pertinent to my opinions
`
`becomes avaiiable, and I pian to do so if necessary.
`
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`XI. EXHIBIT A: CURRICULUM VITAE OF DR. KENNETH W. FERNALD
`
`DEGREES
`Ph.D., Electrical Engineering, North Carolina State University, 1992
`Dissertation: “A Microprocessor-Based System for the Fast Prototyping of Implantable Instru-
`ments for Biomedical Research Applications”
`M.S., Electrical Engineering, North Carolina State University, 1987
`Thesis: “Simulation of Circuit Response to Proton Environments”
`B.S., Electrical Engineering, North Carolina State University, 1985
`
`CONTINUED EDUCATION
`x Analog Bipolar Cell Design, 1997
`x Spread-Spectrum Wireless, IS-95 and Third Generation CDMA Digital Cellular
`Communications, 1997
`x RF Design for Personal Communication Systems, 1995
`x Switched Capacitor Circuit Design, 1994
`x Low-Power CMOS Circuit Design, 1993
`x Cardiac Pacing Technology, 1992
`x Digital Signal Processing, 1988
`x Adaptive Filter Design, 1987
`
`EXPERT WITNESS WORK (last five years)
`x Papst Licensing GmbH & Co., KG v. Apple, Case 6:15-cv-1095, deposed Decem-
`ber 1, 2016.
`x InfoBionic, Inc. v. Braemar Manufacturing, LLC, Cases IPR2015-01679 and
`IPR2015-01688, deposed July 26, 2016.
`x Luminara Worldwide, LLC v. Liown Electronics Co. Ltd., et al., Civil No. 14-cv-
`03103 (SRN/FLN), deposed March 30, 2016.
`x Dane Technologies, Inc. v. Gatekeeper Systems, Inc., Civil No. 12-cv-2730-ADM-
`AJB, deposed April 21-22, 2015 and August 2014.
`
`
`EXPERIENCE
`Consulting (Part-time)
`Provide technical analysis and design services to various clients. Projects include:
`x IP analysis on topics such as circuit and system design, embedded systems, wired and
`wireless networking, firmware and software, consumer electronic platforms, etc.
`x Design, fabrication, and testing of a high-speed USB isolator
`x Software and firmware development for a USB-to-SPI/SMBus Serial Adapter
`x Analysis and architecture design for a high-density, nano-device memory platform
`x Analysis for a massively dense 3D integrated memory
`x Design of a radiation-tolerant, nano-device memory IC
`
`
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`20
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`
`
`Distinguished Engineer, Silicon Laboratories, Inc.
`April 2010 to Present
`Lead the design of 8-bit and 32-bit microcontroller integrated circuits. Responsible for
`IC architecture, peripheral design, and project management. Personally designed an all-
`digital PLL, USB and USART peripherals, timing and memory logic, low-power charge-
`pumps, and other analog, mixed-signal and digital circuits and systems.
`
`Vice-President, Engineering, Keterex, Inc.
`August 2006 to April 2010
`Led the design of mixed-signal integrated circuits and systems. Personally designed a
`mixed-signal audio playback IC, a 500V ballast controller and half-bridge driver, a small-
`footprint boost controller for DDR memory platforms, and an ultra low-power signal pro-
`cessing IC. Personally developed firmware (in C) and scripting/IDE software (in C and
`Java) for serial communications and audio processing.
`
`CTO / Vice-President, Engineering, Zilker Labs, Inc.
`December 2003 to August 2006
`Led the design of innovative digital power-management products. Established the IC de-
`sign team and infrastructure. Co-authored the PMBus Specification. Personally per-
`formed product definition, IC architecture and RTL design, and firmware development.
`
`Principal Design Engineer, Cygnal Integrated Products, Inc.
`March 1999 to December 2003
`System and circuit design for mixed-signal microcontroller products. Served as the archi-
`tect and team leader for several products, all of which sampled 1st silicon. Individual de-
`sign efforts included linear regulators, supply monitors, crystal and precision RC oscilla-
`tors, voltage references, a USB clock recovery system, a proprietary serial debug inter-
`face, a µP instruction cache, a micropower real-time clock, and digital interface, control,
`and timing peripherals. Designed the platform and firmware for host-to-device commu-
`nications and debugging.
`
`Senior IC Design Engineer, Analog Devices, Inc.
`June 1995 to June 1998
`Team Leader for development of a CDMA/AMPS Voiceband/Baseband Codec ASIC.
`Tasks included specification, interface design, top-level integration/simulation and cus-
`tomer interface. Lead Design Engineer for development of a DBS digital receiver ASIC.
`Tasks included ADC, DAC, oscillator, and PLL design, IC evaluation, and technical
`management of contractor activities.
`
`Principal Design Engineer, Intermedics, Inc.
`May 1992 to June 1995, June 1998 to March 1999
`
`
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`
`Specification, design, layout supervision, debug, and test development for high-reliability
`micropower mixed-signal CMOS Ics for implantable applications. Projects included
`wireless telemetry Ics, a waveform compression and storage IC, a flyback charging and
`shock delivery controller, ADCs, switched-capacitor filters, DC-to-DC converters, and
`reference generators.
`
`Assistant Researcher, Analog Circuits Group, NC State University
`August 1988 to May 1992
`Original research and development of an intelligent implantable wireless telemetry in-
`strument for biomedical applications, including the design, layout, and testing of mixed-
`signal CMOS Ics to provide data acquisition and wireless bidirectional digital telemetry
`functions.
`
`Systems Engineer, NASA Langley Research Center
`June 1987 to August 1988
`Designed a microprocessor-based motion controller for linear DC actuators, including
`system software and firmware development.
`
`Assistant Researcher, Space Electronics Group, NC State University
`August 1985 to May 1987
`Original research and development of a software platform (in C) for modeling the effects
`of radiation on semiconductors.
`
`Research Engineer, Naval Research Laboratory
`Summer 1986
`Designed and constructed a electronic dosimetry system for use in radiation effects ex-
`periments. Performed radiation experiments on integrated circuits at several accelerator
`facilities. Consulted on radiation effects in digital memories.
`
`SELECT ISSUED PATENTS (over 55 patents issued)
`5,522,866: Method and apparatus for improving the resolution of pulse position modula-
`tion communications between an implantable medical device and an external
`medical device
`5,548,795: Hybrid analog-to-digital convertor for low