Inter Partes Review
`United States Patent No. 7,915,631
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`United States Patent No.: 7,915,631
`Inventors: Yoshinori Shimizu, et al.
`Formerly Application No.: 12/548,618
`Issue Date: Mar. 29, 2011
`Filing Date: Aug. 27, 2009
`Former Group Art Unit: 2822
`Former Examiner: Michael Trinh
`
`§ Attorney Docket No.: 112868-0001-651
`§ Customer No. 28120
`§ Petitioner: VIZIO, Inc.
`§
`§
`§
`§
`
`For: LIGHT EMITTING DEVICE AND DISPLAY
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`DECLARATION OF MARY OROS IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 7,915,631
`
`I, Mary Oros, make the following Declaration pursuant to 28 U.S.C. § 1746:
`
`1.
`
`I am a Senior Litigation Paralegal at the law firm of
`
`Ropes & Gray LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified In-
`
`ter Partes Review proceeding requested at the United States Patent and Trademark
`
`Office by VIZIO, Inc. Unless otherwise stated, the facts stated in this Declaration
`
`are based on my personal knowledge.
`
`- 1 -
`
`Vizio EX1036 Page 0001
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`
`United States Patent No. 7,915,631
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`United States Patent No.: 7,915,631
`Inventors: Yoshinori Shimizu, et al.
`Formerly Application No.: 12/548,618
`Issue Date: Mar. 29, 2011
`Filing Date: Aug. 27, 2009
`Former Group Art Unit: 2822
`Former Examiner: Michael Trinh
`
`§ Attorney Docket No.: 112868-0001-651
`§ Customer No. 28120
`§ Petitioner: VIZIO, Inc.
`§
`§
`§
`§
`
`For: LIGHT EMITTING DEVICE AND DISPLAY
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`DECLARATION OF MARY OROS IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 7,915,631
`
`I, Mary Oros, make the following Declaration pursuant to 28 U.S.C. § 1746:
`
`1.
`
`I am a Senior Litigation Paralegal at the law firm of
`
`Ropes & Gray LLP.
`
`2.
`
`I provide this Declaration in connection with the above-identified In-
`
`ter Partes Review proceeding requested at the United States Patent and Trademark
`
`Office by VIZIO, Inc. Unless otherwise stated, the facts stated in this Declaration
`
`are based on my personal knowledge.
`
`- 1 -
`
`Vizio EX1036 Page 0001
`
`
`
`Inter Partes Review
`United States Patent No. 7,915,631
`
`3.
`
`Exhibit 1001 hereto is a true and correct copy of United States Patent
`
`No. 7,915,631 to Yoshinori Shimizu, et al., which I downloaded on November 21,
`
`2016 from the United States Patent and Trademark Office ("USPTO") Patent Ap-
`
`plication Information Retrieval ("PAIR") website and which is a record of the
`
`USPTO to which all parties have access. An exhibit label and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`4.
`
`Exhibit 1002 hereto is a true and correct copy of the file history for
`
`United States Patent No. 7,915,631 to Yoshinori Shimizu, et al., which I down-
`
`loaded on November 21, 2016 from the United States Patent and Trademark Office
`
`("USPTO") Patent Application Information Retrieval ("PAIR") website and which
`
`is a record of the USPTO to which all parties have access. An exhibit label and
`
`page numbers on all pages have been added to the bottom of this document but no
`
`other alterations have been made.
`
`5.
`
`Exhibit 1004 hereto is a true and correct copy of United States Patent
`
`No. 6,600,175 to Bruce Baretz, which I downloaded on November 21, 2016 from
`
`the USPTO PAIR website and which is a record of the USPTO to which all parties
`
`have access. An exhibit label and page numbers on all pages have been added to
`
`the bottom of this document but no other alterations have been made.
`
`- 2 -
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`Vizio EX1036 Page 0002
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`
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`Inter Partes Review
`United States Patent No. 7,915,631
`
`6.
`
`Exhibit 1005 hereto is a true and correct copy of Japanese Patent Pub-
`
`lication No. H07-99345 filed on September 28, 1993 by Kousuke Matoba and pub-
`
`lished on April11, 1995, which I downloaded on November 21, 2016 from the Eu-
`
`ropean Patent's Office ("EPO") Espacenet search page,
`
`http://worldwide.e pacenet.com, which is a record of the EPO to which all parties
`
`have access, and which is accompanied by a true and correct copy of a translation
`
`of the text of that document and a certification of accuracy regarding that transla-
`
`tion provided by Geotext Translations, Inc. An exhibit label and page numbers on
`
`all pages have been added to the bottom of this document but no other alterations
`
`have been made.
`
`7.
`
`Exhibit 1006 hereto is a true and correct copy of United States Patent
`
`No. 3,699,478 to Douglas A. Pinnow and LeGrand G. Van Uitert, which I down-
`
`loaded on November 21, 2016 from the USPTO PAIR website and which is a rec-
`
`ord of the USPTO to which all parties have access. An exhibit label and page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`8.
`
`Exhibit 1008 hereto is a true and correct copy of the file history for
`
`United States Patent No. 8,610,147 to Yoshinori Shimizu, et al., which I down-
`
`loaded on November 21, 2016 from the United States Patent and Trademark Office
`
`- 3 -
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`Vizio EX1036 Page 0003
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`
`
`Inter Partes Review
`United States Patent No.7 ,915,631
`
`("USPTO") Patent Application Information Retrieval ("PAIR") website and which
`
`is a record of the USPTO to which all parties have access. An exhibit label and
`
`page numbers on all pages have been added to the bottom of this document but no
`
`other alterations have been made.
`
`9.
`
`Exhibit 1010 hereto is a true and correct copy of United States Patent
`
`No. 4,966,862 to John A. Edmond, which I downloaded on November 28, 2016
`
`from the USPTO PAIR website and which is a record of the USPTO to which all
`
`parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`10. Exhibit 1011 hereto is a true and correct copy of United States Patent
`
`No. 5,369,289 to Makoto Tamaki and Takahiro Kozawa, which I downloaded on
`
`November 28, 2016 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. An exhibit label and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`11. Exhibit 1012 hereto is a true and correct copy of United States Patent
`
`No. 5,777,350 to Shuji Nakamura, which I downloaded on November 22, 2016
`
`from the USPTO PAIR website and which is a record of the USPTO to which all
`
`-4-
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`Vizio EX1036 Page 0004
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`
`
`Inter Partes Review
`United States Patent No. 7,915,631
`
`parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`12. Exhibit 1013 hereto is a true and correct copy of Japanese Patent Pub-
`
`lication No. H05-152609 filed on November 25, 1991 by Yoshiaki Tadatsu and
`
`Shuji Nakamura and published on June 18, 1993, which I downloaded on Novem-
`
`ber 30, 2016 from the European Patent's Office ("EPO") Espacenet search page,
`
`http://worldwide.e pacenet.com, which is a record of the EPO to which all parties
`
`have access, and which is accompanied by a true and correct copy of a translation
`
`of the text of that document and a certification of accuracy regarding that transla-
`
`tion which was provided by Merrill Corp. and filed in Everlight Elec. Co. et al., v.
`
`Nichia Corp., No. 4:12-cv-11758-GAD (E.D. Mich.) (Dkt. No. 574-8) which I
`
`downloaded on December 3, 2016 from the Public Access to Court Electronic
`
`Records ("PACER") to which all parties have access. An exhibit label and page
`
`numbers on all pages have been added to the bottom of this document but no other
`
`alterations have been made.
`
`13. Exhibit 1014 hereto is a true and correct copy of United States Patent
`
`No. 5,861,636 to Achyut Kumar Dutta and Akira Suzuki which I downloaded on
`
`November 30, 2016 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. An exhibit label and page numbers on all
`
`- 5-
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`Vizio EX1036 Page 0005
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`
`
`Inter Partes Review
`United States Patent No. 7,915,631
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`14. Exhibit 1015 hereto is a true and correct copy of United States Patent
`
`No. 6,258,617 to Kochi Nitta, et al., which I downloaded on November 22, 2016
`
`from the USPTO PAIR website and which is a record of the USPTO to which all
`
`parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`15. Exhibit 1017 hereto is a true and correct copy of United States Patent
`
`No. 5,198,479 to Toshio Shiobara, et al., which I downloaded on November 22,
`
`2016 from the USPTO PAIR website and which is a record of the USPTO to which
`
`all parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`16. Exhibit 1023 hereto is a true and correct copy of an Opinion and Or-
`
`der Regarding Claim Construction signed by District Judge Gershwin A. Drain on
`
`August 21, 2013 and filed in Everlight Elec. Co., et al., v. Nichia Corp., Case No.
`
`4:12-cv-11758-GAD (E.D. Mich.) (Dkt. No. 129), which I downloaded on De-
`
`cember 3, 2016 from the Public Access to Court Electronic Records ("PACER") to
`
`which all parties have access. An exhibit label and page numbers on all pages have
`
`been added to the bottom of this document but no other alterations have been made.
`
`- 6 -
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`Vizio EX1036 Page 0006
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`
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`Inter Partes Review
`United States Patent No. 7,915,631
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`17. Exhibit 1026 hereto is a true and correct copy of United States Patent
`
`No. 4,678,338 to Kenichi Kitta, et al., which I downloaded on November 28, 2016
`
`from the USPTO PAIR website and which is a record of the USPTO to which all
`
`parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`18. Exhibit 1027 hereto is a true and correct copy of United States Patent
`
`No. 5,118,985 to Robert J. Patton, et al., which I downloaded on November 22,
`
`2016 from the USPTO PAIR website and which is a record of the USPTO to which
`
`all parties have access. An exhibit label and page numbers on all pages have been
`
`added to the bottom of this document but no other alterations have been made.
`
`19. Exhibit 1028 is a true and correct copy of an article entitled High Def-
`
`inition TV Projection Via Single Crystal Faceplate Technology by H. J. Kindl and
`
`Thomas St. John, Trident International, Inc., Accession Number AD-A277850, ap-
`
`proved for Public Release and dated April 7, 1994 on its face, with a report date of
`
`March 25, 1993, which I downloaded on December 20, 2016 from the Defense
`
`Technical Information Center ("DTIC") of the U.S. Department of Defense at
`
`website http://www.dtic.mil/docs/citations/ADA277850. This website is one to
`
`which all parties have access. DTIC was formerly known as Armed Services
`
`- 7 -
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`Vizio EX1036 Page 0007
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`Inter Partes Review
`United States Patent No. 7,915,631
`
`Technical Information Agency ("ASTIA"), which was established in 1951
`
`(http://www .dtic.mil/dtic/about/policy _memo .html).
`
`20. Exhibit 1029 hereto is a true and correct copy of United States Patent
`
`No. 5,907,222 to J. Michael Lengyel and Loy L. Spears which I downloaded on
`
`December 20, 2016 from the USPTO PAIR website and which is a record of the
`
`USPTO to which all parties have access. An exhibit label and page numbers on all
`
`pages have been added to the bottom of this document but no other alterations have
`
`been made.
`
`21. Exhibit 1037 hereto is a true and correct copy of an April 22, 2015
`
`transcript of jury trial in the matter Everlight Electronics Co., Ltd. v. Nichia Corp.,
`
`Case No. 12-11758 before the District Court of the Eastern District of Michigan
`
`which I downloaded on December 30, 2016 from the Public Access to Court Elec-
`
`tronic Records ("PACER") and is a record of the aforementioned District Court
`
`(Dkt. No. 516) to which all parties have access. An exhibit label and page num-
`
`bers on all pages have been added to the bottom of this document but no other al-
`
`terations have been made.
`
`22.
`
`I have been warned that willful false statements and the like are pun-
`
`ishable by fine or imprisonment, or both. I make this declaration of my own per-
`
`- 8 -
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`Vizio EX1036 Page 0008
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`Inter Partes Review
`United States Patent No. 7,915,631
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`sonal knowledge, and all statements are true. If called to testify as to the matters
`
`stated herein, I could and would testify competently.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Executed this 301
`h day of December, 2016, at East Palo Alto, CA.
`
`Mary Oros
`
`- 9 -
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`Vizio EX1036 Page 0009
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