Paper No.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ROCKWELL AUTOMATION, INC.
`ROCKWELL AUTOMATION TECHNOLOGIES, INC.
`Petitioner
`V.
`
`AUTOMATION MIDDLEWARE SOLUTIONS, INC.
`Patent Owner
`
`Patent No. 6,516,236
`Issue Date: February 4, 2003
`Title: MOTION CONTROL SYSTEMS
`
`Inter Partes Review No. 2017-00048
`
`DECLARATION OF JEFFREY N. COSTAKOS
`
`4828-2729-0938.1
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`1 Of 4
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`RA V. AMS
`
`Ex. 1031
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`1 of 4
`
`RA v. AMS
`Ex. 1031
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`ROCKWELL AUTOMATION, INC.
`ROCKWELL AUTOMATION TECHNOLOGIES, INC.
`Petitioner
`V.
`
`AUTOMATION MIDDLEWARE SOLUTIONS, INC.
`Patent Owner
`
`Patent No. 6,516,236
`Issue Date: February 4, 2003
`Title: MOTION CONTROL SYSTEMS
`
`Inter Partes Review No. 2017-00048
`
`DECLARATION OF JEFFREY N. COSTAKOS
`
`4828-2729-0938.1
`
`1 Of 4
`
`RA V. AMS
`
`Ex. 1031
`
`1 of 4
`
`RA v. AMS
`Ex. 1031
`
`
`
`1.
`
`1, Jeffrey N. Costakos, resident of River Hills, WI, hereby declare as
`
`follows:
`
`2.
`
`I am a partner at Foley & Lardner LLP and one of the attorneys for
`
`the petitioner in this inter partes review.
`
`3.
`
`On information and belief, the Exhibits submitted with the petition for
`
`the above—referenced inter partes review as Exhibits 1001 to 1030 are true and
`
`correct copies of the original documents as shown in the Table below, with the
`
`exception that Exhibits 1007, 1009, 1010, 1011, 1020, and 1030 are, on
`
`information and belief, true and correct copies of excerpts of the originals.
`
`1*‘-_W"'“"’l—
`Ex #
`
`Exhibit
`
`1001
`
`i U.S. PatentNo. 6,516,236 B1 (“’236 Patent”)
`
`i
`
`1002
`1003
`
`1004
`
`1005
`
`1-
`
`1_._
`
`t
`
`Expert Declaration of William Rizzi
`AMS Motion to Dismiss Presentation, 2:15-cv-898-RWS (E.D. Tex.),
`Dkt. No. 159-1, dated August 3, 2016
`Patent Rule 4-3 Joint Claim Construction and Prehearing Statement
`(with exhibits), 2:15—cv—898—RWS (E.D. Tex.), Dkt. Nos. 176, 176-1,
`
`176-2, 176-3, dated September 13, 2016
`Defendants’ Patent Rule 4-2 Disclosures, dated September 2, 2016
`1006 _4_l’laintiff‘s Patent Rule 4-2 Disclosures, dated September 2, 2016
`1007 Microsoft Windows 3.1 Device Driver Adaptation Guide (“DDAG”)
`_L(selected excerpts)
`1008
`Jerry Cashin, WOSA — Windows Open Services Architecture
`
`(“C shi ”)
`__+ a
`n
`National Electrical Manufacturers Association, Programmable Motion
`1009
`Control Handbook (“NEMA Handbook”) (selected excerpts)
`
`
`
`___l
`
`'7
`
`1010
`
`David Gibbs and Thomas M. Crandell, An Introduction to CNC
`_____.__.____l
`
`4828-2729-0938.1
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`2 0“
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`RA V. AMS
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`Ex. 1031
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`2 of 4
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`RA v. AMS
`Ex. 1031
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`
`
`
`Exhibit
`
`Ex#
`
`_____%______.____|
`Machining and Programming (“Gibbs”) (selected excerpts)
`
`-1
`
`1'
`
`1011
`
`S.C. Jonathan Lin, Computer Numerical Control (“Lin”) (selected
`excerpts)
`SERCOS Interface —— Digital Interface for Communication Between
`Controls and Drives in Numerically Controlled Machines (“SERCOS
`Digital Interface”)
`David Halpert, Object Oriented Programming for Motion Control
`(“Halpert”)
`U.S. Patent No. 5,453,933 to Wright et al. ( Wright )
`Roy—G—Biv Preliminary Infringement Contentions, Ex. 1022 from
`IPR2013-00062, dated November 6, 2012 from case 6: 1 1-cv—0O622-
`LED-ZJH (E.D. Tex.)
`?___
`1016
`Declaration of David W. Brown, Ex. 2010 from IPR2013—0O062, dated
`July 18, 2013,Ex. 2010
`__4
`U.S. App. No. 60/067,466 (‘"466 Provisional”), Ex. 1017 from
`LIPRZO 13-00063
`1....
`1018 WOSA/XMC MCAPI and MCSPI Design Specification, Ex. 2012-1 in
`IPR2013—00062 (“Design Specification”)
`Kevin Holloway, Motion Software Heads Toward Friendlier User
`Environments, Control Engineering, August 1995
`
`1012
`
`1013
`
`1014
`
`1015
`
`1017
`
`1019
`
`J
`
`_l
`
`——1
`
`1020
`
`1021
`
`ODBC 2.0 Programmer’s Reference and SDK Guide, Microsoft Press,
`1994 (“ODBC Programmer’s Guide”) (selected excerpts)
`Allen—Bradley, G1\/IL Programmer’s Workshop User’s Manual,
`November 17, 1993 (“GML Programmer’s Workshop”)
`Allen—Bradley, GML V3.3 Programming Manual, June 17, 1993 (“GML
`Programming Manual”)
`Compumotor Motion Toolbox User Guide, Version 1.0, March 1994
`(“Motion Toolbox”)
`L 1024 _J LabVIEW User Manual (“LabVIEW”), Ex. 1012 from IPR2014—0O122
`1025 Motion Engineering, Inc. PC/DSP—Series Motion Controller C
` Programming Guide, Version 1.3, May 1992 (“Motion Control API”)
`
`1022
`
`1023
`
`4828-2729-0938.’!
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`3 Of 4
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`RA V. AMS
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`Ex. 1031
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`3 of 4
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`RA v. AMS
`Ex. 1031
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`
`
`Ex#
`
`7
`.1.
`
`Exhibit
`
`I
`"1
`
`I__
`
`1026
`
`Office Action dated October 2, 1996, excerpted from prosecution history
`of U.S. Patent No. 5,691,897
`
`[— 1027 TApplicant’s Amendment and Response to October 2, 1996 Office Action
`dated January 6, 1997, excerpted from prosecution history of U.S. Patent
`No. 5,691,897
`_I
`First Amended ’236 Invalidity Contention Chart for Cashin, ODBC, and
`GML served by Defendants on AMS on September 16, 2016 in 2:15-cv-
`898—RWS (E.D. Tex.)
`’236 Invalidity Contention Chart for Cashin, ODBC, and Motion
`Toolbox served by Defendants on AMS on July 27, 2016 in 2:l5—cv-
`898-RWS (E.D. Tex.)
`__1:
`Microsoft Press Computer Dictionary, 1991 (selected excerpts)
`
`-1
`
`1028
`
`L.
`
`1029
`
`1030
`
`_'l
`
`4.
`
`I hereby declare under penalty of perjury under the laws of the United
`
`States of America that the foregoing is true and correct, and that all statements
`
`made of my own knowledge are true and that all statements made on information
`
`and belief are believed to be true.
`
`I understand that willful false statements and the
`
`like are punishable by fine or imprisonment, or both (18 U.S.C. § 1001).
`
`/
`
`Executed
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`4828-2729-0938.1
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`40“
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`RAv.AMS
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`Ex. 1031
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`4 of 4
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`RA v. AMS
`Ex. 1031
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