`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________________________________________
`
`In re U.S. Patent No. 7,268,703
`
`Filed:
`
`September 18, 2003
`
`Issued:
`
`September 11, 2007
`
`Inventors: Darrin W. Kabel; Steven J. Myers
`
`Assignee: Garmin Ltd.
`
`Title:
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`Methods, Systems, and Devices for Cartographic Alerts
`
`__________________________________________________________________
`
`DECLARATION OF DR. MICHAEL S. BRAASCH
`
`I, Dr. Michael S. Braasch, make this declaration at the request of FLIR
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`Systems, Inc. and FLIR Maritime US, Inc. in connection with the petition for inter
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`partes review submitted by Petitioners for U.S. Patent No. 7,268,703 (“the 703
`
`Patent”). All statements made herein of my own knowledge are true, and all
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`statements made herein based on information and belief are believed to be true.
`
`Although I am being compensated for my time in preparing this declaration, the
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`opinions articulated herein are my own, and I have no stake in the outcome of this
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`FLIR-1003.001
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`
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`proceeding or any related litigation or administrative proceedings.
`
`I.
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`INTRODUCTION
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`1.
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`In the preparation of this declaration, I have reviewed the relevant
`
`portions of the following documents:
`
`FLIR-1001
`
`U.S. Patent No. 7,268,703 to Kabel et al. (“703 Patent”)
`
`FLIR-1002
`
`Prosecution File History of U.S. Patent No. 7,268,703
`
`FLIR-1004
`
`Curriculum Vitae of Dr. Michael S. Braasch
`
`FLIR-1005 W.J. de Jong, Automated Route Planning – A Network-Based
`Route Planning Solution for Marine Navigation, University of
`Nottingham (December 2001) (“de Jong”)
`
`FLIR-1006
`
`FLIR-1007
`
`FLIR-1008
`
`FLIR-1009
`
`FLIR-1010
`
`FLIR-1011
`
`L. Tetley et al., Electronic Navigation Systems, 3d Ed.
`(Butterworth-Heinemann 2001) (“Tetley”)
`
`B. Brogdon, Boat Navigation for the Rest of Us, 2d Ed.,
`Introduction (McGraw-Hill 2001) (“Brogdon”)
`Fernão Vaz Dourado, Map of West Africa Waterways (1571)
`
`National Oceanic and Atmospheric Administration, Nautical
`Chart 25664 (1976)
`
`National Oceanic and Atmospheric Administration, Nautical
`Chart 12283-02 (1990)
`
`International Maritime Organization, Resolution A.817(19),
`Performance Standards for Electronic Chart Display and
`Information Systems (ECDIS) (Dec. 15, 1996)
`
`FLIR-1012
`
`U.S. Patent No. 6,356,837 to Yokota et al. (“Yokota”)
`
`FLIR-1013 Wan Xiaoxia et al., Electronic chart display and
`information system, Geo-spatial Information Science, 5:1, 7-11
`(Mar. 5, 2002) (“Xiaoxia”)
`
`2
`
`FLIR-1003.002
`
`
`
`FLIR-1017
`
`FLIR-1018
`
`FLIR-1019
`
`FLIR-1021
`
`Hein Sabelis, Voyage Planning in ECDIS, International
`Hydrographic Review, Monaco, LXXVI(2) (September 1999)
`
`Nathaniel Bowditch, The American Practical Navigator,
`National Imagery and Mapping Agency, U.S. Government
`(2002 Bicentennial Edition) (“Bowditch”)
`
`Encyclopedia of Electronics, 2d. Ed. (McGraw-Hill 1990)
`(excerpts)
`
`Complaint filed in Garmin Switzerland GmbH and Garmin
`Corp. v. FLIR Maritime US, Inc. (f/k/a Raymarine, Inc.), Case
`No. 16-2806 (D. Kansas)
`
`FLIR-1022
`
`Garmin’s Opposition to FLIR’s Motion to Dismiss the
`Complaint, Case No. 16-2806, D.I. 24 (D. Kansas Feb. 8, 2017)
`
`2.
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`The opinions I have formed as explained herein are informed by and
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`based on my consideration of the documents listed above, as well as my own
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`knowledge and experience based upon my work in the relevant field of technology,
`
`as discussed below.
`
`3.
`
`The application that led to the issuance of the 703 Patent was filed on
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`September 18, 2003. I am familiar with the technology described therein and am
`
`aware of the state of the art around September 2003. It is my opinion that a person
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`of ordinary skill in the art would include someone who has a Bachelor’s degree in
`
`Electrical Engineering (or related discipline) and 3 to 5 years of experience in
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`navigation engineering. A person holding a more advanced degree but less
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`experience (e.g., a Master’s degree and 1 to 2 years of experience) would also
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`3
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`FLIR-1003.003
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`
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`qualify. Consistent with my opinion, I understand that Patent Owner has identified
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`in litigation involving the 703 Patent that the related art is “computer-assisted
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`navigation.” FLIR-1022.012, fn. 5. I held at least the qualifications of a person of
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`ordinary skill in the art as of September 2003. My analyses and opinions herein
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`are given from the perspective of a person of ordinary skill in the art as of
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`September 2003, unless stated otherwise.
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`II. QUALIFICATIONS AND COMPENSATION
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`4.
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`I am currently a Professor with tenure in the School of Electrical
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`Engineering and Computer Science at Ohio University.
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`5.
`
`I received my Bachelor of Science and Master of Science degrees in
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`Electrical Engineering from the Ohio University in 1988 and 1989 respectively. In
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`1992, I received a Ph.D. in Electrical Engineering also from Ohio University.
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`During that time, my post-baccalaureate and doctoral work focused on aircraft
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`navigation systems with an emphasis in GPS.
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`6.
`
`From 1989 to 1993, I was a research engineer in the Avionics
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`Engineering Center at Ohio University. I became an adjunct assistant professor in
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`the Department of Electrical and Computer Engineering at Ohio University in 1993
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`and have been on the faculty at Ohio University since that time. I have held the
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`title of Professor in the School of Electrical Engineering and Computer Science
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`since 2003 and was appointed as the Thomas Professor of Electrical Engineering in
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`4
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`FLIR-1003.004
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`
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`2004. As a professor of Electrical Engineering, I have taught courses in navigation
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`and real-time positioning including courses specifically on the use of GPS.
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`7.
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`I am a Licensed Professional Engineer (P.E.) in the State of Ohio. In
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`my professional career, I have specialized in the areas of electronic navigation
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`receiver design, electronic navigation system engineering, satellite-based
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`navigation systems, inertial navigation systems, and integrated navigation systems.
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`8.
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`Since the mid 1980s, I have been involved with research related to
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`navigation and transportation systems including navigation system computer
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`modeling and validation; characterization of GPS error sources and development
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`of mitigation strategies; design, development and testing of software-defined GPS
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`receiver architectures; design, development and flight testing of advanced cockpit
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`displays; and analysis of safety-certification issues in unmanned aerial vehicle
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`operations. I have been the recipient of over 65 research grants and contracts,
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`including awards from the U.S. Department of Transportation, Federal Aviation
`
`Administration, Air Force Office of Scientific Research and NASA. In 1992 I
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`received the RTCA (formerly known as the Radio Technical Commission for
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`Aeronautics) William E. Jackson Award in recognition of an outstanding aviation
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`electronics publication.
`
`9.
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`I have published over 80 journal articles, book chapters, conference
`
`papers, and workshop papers, most of which were related to navigation systems. I
`
`5
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`FLIR-1003.005
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`
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`have authored or co-authored over 20 academic publications in the areas of
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`graphical display systems, electronic navigation system engineering, satellite-based
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`navigation systems with emphasis in GPS, and integrated navigation systems.
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`These publications include book chapters in Global Positioning System: Theory
`
`and Applications, American Institute of Aeronautics and Astronautics,
`
`Washington, D.C. (1996). A complete list of my publications is included in my
`
`curriculum vitae [FLIR-1004].
`
`10.
`
`I have given numerous presentations at various conferences and
`
`universities worldwide on these topics. In particular, I have been invited speak and
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`publish in connection with conference proceedings on the navigation systems at
`
`venues around the world. Additional contributions of mine to the field are set forth
`
`in my current curriculum vitae [FLIR-1004].
`
`11.
`
`In addition to gaining expertise via my academic training, professional
`
`experiences, and research accomplishments described above, I have kept abreast of
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`various sub-disciplines within the field of navigation systems (such as marine
`
`navigation) by reading technical literature, attending and presenting at conferences,
`
`and attending and presenting at symposia. I have been invited to participate in the
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`peer review process for various technical journals, and conferences, and have
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`reviewed manuscripts submitted by other engineers relating to navigation system
`
`technology. Furthermore, I have collaborated with or have communicated with
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`6
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`FLIR-1003.006
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`
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`many of the engineers in the field of navigation systems.
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`12. A copy of my curriculum vitae is found at Exhibit FLIR-1004.
`
`13.
`
`I am being compensated for my time expended in connection with this
`
`matter at the rate of $450 per hour, plus reimbursement of any expenses I incur. I
`
`have no financial stake in the outcome of this matter, and my compensation is not
`
`contingent upon the outcome of this matter.
`
`III. RELEVANT LEGAL STANDARDS
`
`14.
`
`I have been asked to provide my opinions regarding whether certain
`
`claims of the 703 Patent are anticipated or rendered obvious by the prior art.
`
`15.
`
`I understand that in order for prior art to anticipate a claim under 35
`
`U.S.C. § 102, the reference must disclose every limitation contained in the claim.
`
`16.
`
`I understand that a claimed invention is not patentable under 35
`
`U.S.C. § 103 if the differences between the invention as claimed and the prior art
`
`are such that the subject matter as a whole would have been obvious at the time the
`
`invention was made to a person of ordinary skill in the art. I also understand that
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`an analysis of obviousness considers the level of ordinary skill in the art, the scope
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`and content of the prior art, the differences between the prior art and the claimed
`
`subject matter, and any secondary considerations which may suggest that the
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`claimed invention was not obvious.
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`17.
`
`I have learned through legal counsel that the courts have recognized
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`7
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`FLIR-1003.007
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`
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`several rationales for combining references or modifying a reference to show the
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`obviousness of claimed subject matter. I understand these include: combining
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`prior art elements according to known methods to yield predictable results; the
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`substitution of one known element for another to obtain predictable results; use of
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`a known technique to improve a similar device in a known way; applying a known
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`technique to a known device to yield predictable results; choosing from a finite
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`number of identified, predictable solutions, with a reasonable expectation of
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`success; and some teaching, suggestion, or motivation in the prior art that would
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`have led a person of ordinary skill in the art to modify the prior art reference or to
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`combine prior art reference teachings to arrive at the claimed invention.
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`IV. BACKGROUND OF THE TECHNOLOGY
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`18.
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`The following analysis regarding the use of known technology such as
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`computers and GPS receivers in marine navigation applications is based on prior
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`art to the 703 Patent and my understanding of and experience with such
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`technology.
`
`19.
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`The 703 Patent is directed to plotting and calculating maritime
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`navigation courses that avoid dangerous or difficult conditions, such as obstacles,
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`shallow water, or inclement weather. The concept underlying the 703 Patent is
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`centuries old. Relying on nautical charts showing graphic representations of a
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`maritime area and adjacent coastal regions, sailors for many hundreds of years
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`8
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`FLIR-1003.008
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`
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`plotted a course from starting point to destination that would avoid hazards or
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`impediments along the way. While the 703 Patent describes the use of modern-era
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`technology to accomplish this, such technology was well-known to be used in the
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`maritime industry well before the filing date of the 703 Patent. In the following
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`paragraphs I discuss this in more detail.
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`A. Marine Navigation Background
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`20. As the inventors acknowledged in the Background of the Invention
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`section of the 703 Patent, “[s]afe boating…requires common sense and the ability
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`to remain alert to the prevailing boating conditions.” FLIR-1001 at 1:12-14.
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`Boaters have available to them “a variety of equipment” that the boater can use in
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`“planning and navigating a course for the boat.” Id. at 1:14-19. Still, there is
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`“quite a bit of information for the boater to consider in planning and navigating a
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`course for the boat.” Id. at 1:21-23. This runs the risk that a boater “may
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`inadvertently overlook one or more hazards in planning their course.” Id. at 1:25-
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`26.
`
`21.
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`The inventors of the 703 Patent were not the first to recognize the
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`problems and dangers associated with boating and the ways to avoid them. Indeed,
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`before the filing date of the 703 Patent, whole books had been written on the
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`subject. See Brogdon (FLIR-1007) at .012 (“[s]truggling with navigation, getting
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`lost, or going aground seriously detracts from the fun of owning a boat…. This
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`9
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`FLIR-1003.009
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`
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`book is meant to help all navigators steer around the shoals and eddies of
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`inappropriate methods and learn to navigate easily, accurately, and without fuss”);
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`Tetley (FLIR-1006) .096(“[e]ver since man first went to sea there has been a
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`requirement for some form of recognition of the sea-going environment to assist in
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`the safe passage to the required destination. Knowledge of the coastline, safe
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`channels for navigation which avoid wrecks, sandbanks etc., and tidal information
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`all play their part in assisting the navigator”); Bowditch (FLIR-1018) at
`
`.007(“since antiquity, mariners have gathered available navigation information and
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`put it into a text for others to follow”). The 703 Patent inventors were also not the
`
`first to recognize that computers could beneficially assist with marine navigation.
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`Tetley’s entire book (FLIR-1006, titled “Electronic Navigation Systems”) is
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`devoted to the subject. Tetley wrote in 2001 that the “past decade has seen huge
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`advantages in technology and no more so than in marine navigation….
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`[S]pearheading this technological advance has been the computer. It has become as
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`common on board ships as in our normal lives.” FLIR-1006 at .012.
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`22.
`
`The 703 Patent states that it is directed generally to “marine
`
`navigational methods, systems, and devices.” FLIR-1001 at 1:45-46. Brogdon
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`gives a succinct explanation of what constitutes marine navigation:
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`Navigation is the art and science of finding where we are and of
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`finding our way safely to our destination. We usually start at a known
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`10
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`FLIR-1003.010
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`
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`position, such as the seaward end of a channel, and go to another
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`position a number of miles away – a buoy, a place where we change
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`course, or a fishing spot. Our fundamental questions are: What is the
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`direction to our destination? When will we arrive? Are there any
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`hazards along the way? After we have traveled for a while, another
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`question may arise: Where are we now?
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`FLIR-1007.015(Chapter 1).
`
`23. A critical component of safe and successful marine navigation is the
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`use of nautical “charts.” Nautical charts are to boaters what road maps are to
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`drivers. As Brogdon puts it:
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`We use charts to identify aids to navigation and landmarks, to avoid
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`shoals and other hazards, and to find or show the boat’s position.
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`Using a chart, we can find the direction and distance from the boat’s
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`position to a destination. We can see the depths along the way. It can
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`help us determine where we are long after leaving the last known
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`position. A chart is like a road map, but with a gridwork of latitude
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`and longitude lines instead of cross streets.
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`FLIR-1007.015 (Chapter 1).
`
`24. Nautical charts have been in existence for hundreds of years.
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`Bowditch states:
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`11
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`FLIR-1003.011
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`
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`A nautical chart represents part of the spherical earth on a plane
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`surface. It shows water depth, the shoreline of adjacent land,
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`prominent topographic features, aids to navigation, and other
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`navigational information. It is a work area on which the navigator
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`plots courses, ascertains positions, and views the relationship of the
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`ship to the surrounding area. It assists the navigator in avoiding
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`dangers and arriving safely at his destination. Originally hand-drawn
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`on sheepskin, traditional nautical charts have for generations been
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`printed on paper.
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`Bowditch (FLIR-1018) at .021.
`
`25.
`
`Tetley likewise noted that “[p]aper charts giving information about
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`particular areas have been around for centuries and hydrographers from various
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`countries have explored the world’s oceans to produce up-to-date charts which are
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`an invaluable aid to the seafarer….” FLIR-1006.096.
`
`26.
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`For example, the image below is of a nautical chart dated 1571 by
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`Portuguese cartographer Fernão Vaz Dourado depicting the water ways around
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`West Africa, including the Strait of Gibraltar (FLIR-1008):1
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`1 See https://en.wikipedia.org/wiki/Fern%C3%A3o_Vaz_Dourado.
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`12
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`FLIR-1003.012
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`
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`1571 Nautical Chart of West Africa (FLIR-1008)
`
`27.
`
`Jumping ahead four centuries, below is reproduced a portion of a
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`nautical chart of the coastline of Puerto Rico from 1976 (FLIR-1009) provided by
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`the National Oceanic and Atmospheric Administration, a branch of the U.S.
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`Government. The National Ocean Service (NOS), a division of the National
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`Oceanic and Atmospheric Administration (NOAA), publishes charts for United
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`States coastal and Great Lakes waters. It maintains a rich database of all charts
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`produced by Government agencies dating back to 1807. See
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`https://historicalcharts.noaa.gov/; see also Brogdon (FLIR-1007) at .025.
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`13
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`FLIR-1003.013
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`NOAA Nautical Chart 25664_1976 (Excerpt) (FLIR-1009)
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`See https://historicalcharts.noaa.gov/historicals/preview/image/25664-3-1976.
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`28.
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`The information provided on nautical charts is essential to safe
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`boating, as it provides not only directional information, but also information
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`regarding hazards. See Brogdon (FLIR-1007) at .025 (“[i]t is essential to use the
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`chart not only to find your way but also to avoid hazards”); Bowditch (FLIR-1018)
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`at .021.
`
`29.
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`For example, charts may depict coastline details, hazards (rocks,
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`jetties, etc.), lighthouses and buoys, harbors, bridges, water depths, and data on
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`tides and currents, among other things. Brogdon provides examples of charts
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`depicting, among other things, water depth, marsh and sand areas, bridges, buoys,
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`14
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`FLIR-1003.014
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`
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`lighthouses, riprap (boulders), beacons, land, and coastlines. FLIR-1007 at .032 -
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`.036. As another example, Exhibit FLIR-1010 reproduces NOAA chart 12283-02-
`
`1990, which is a chart of the Annapolis Harbor in Maryland as of 1990. The charts
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`are printed in very high resolution so that the details are clear. On this particular
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`chart, one can see the water depths labeled very clearly. Below is an excerpt from
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`NOAA chart 12283-02-1990:
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`NOAA Nautical Chart 12283-02-1990 (Excerpt) (FLIR-1010)
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`See https://historicalcharts.noaa.gov/historicals/preview/image/12283-2-1990.
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`30. Nautical charts are such an integral part of safe boating that, starting
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`in 1983, the U.S. Coast Guard required that they be present on all vessels in U.S.
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`waters. See 33 C.F.R. §§ 164.30, 164.33.
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`B.
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`31.
`
`Electronic Nautical Charts Became Commonplace
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`The rapid development of computer processing technology in the past
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`15
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`FLIR-1003.015
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`
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`half century, and its adoption by mariners, meant that it was inevitable that nautical
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`charts, like road maps, would be converted to and implemented in electronic
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`formats. As Tetley wrote in 2001, “over the past few years electronics has moved
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`into the sphere of charting and now digital chart data is becoming more popular
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`and is likely to be the mainstay product … in the years to come.” FLIR-1006
`
`at.097; see also Bowditch (FLIR-1018) at .021 (“[e]lectronic charts consisting of a
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`digital data base and a display system are in use and are replacing paper charts
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`aboard many vessels”).
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`32.
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`The advantages of electronic charts are obvious and many. To begin
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`with, a vast number of electronic charts may be stored in a computer memory,
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`thereby reducing the need to keep voluminous paper copies of such charts on
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`board.2 Electronic charts are also easier and more efficient to update and maintain.
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`Furthermore, electronic charts may be used with appropriate navigation software to
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`enable a mariner to plot courses efficiently. As Tetley put it:
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`2 This is not a trivial issue. Full-size NOAA charts range in size from
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`approximately three to five feet in length and are either 36 or 42 inches wide. See
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`http://www.oceangrafix.com/resources/faqs. Oceangrafix is the exclusive printer
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`of NOAA charts. See http://www.oceangrafix.com/about/company.
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`16
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`FLIR-1003.016
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`
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`With this new technology the seafarer is provided with a means of
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`viewing a chart using a monitor that can display, in colour, all the
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`information present on a paper chart. The chart information is
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`contained on a memory device such as a CD-ROM and can be stored
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`on a computer hard disk. Suitable navigation software can enable the
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`chart data to be viewed for the purpose of ‘safe and efficient
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`navigation’. The electronic chart is one where chart data is provided
`
`as a digital charting system and is capable of displaying both
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`geographical data and text to assist the navigator.
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`FLIR-1006 at.097.
`
`33.
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`Electronic charts may also be used in conjunction with location
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`finders, such as GPS or Loran-C receivers, and the two may be integrated together
`
`through a combination of hardware and software to provide a navigator with the
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`ability to see the boat’s current location on an electronic chart. As was known well
`
`before the 703 Patent filing date, GPS stands for “global positioning system.” GPS
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`receivers use information received from satellites to calculate their current position
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`in either two (latitude and longitude) or three (with the addition of altitude)
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`dimensions. See, e.g., Brogdon (FLIR-1007) at .079 - .081. Loran-C is another
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`type of locator system that uses land-based transmitters to transmit pulses. Id. at
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`.082 - .084 (“How Loran-C Works”). Numerous types of GPS and Loran-C
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`17
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`FLIR-1003.017
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`
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`receivers were available to and in use by boaters prior to the 703 Patent filing date.
`
`See id. at .054 - .067; at .064 (GPS “receivers are reasonably priced and come in a
`
`wide variety of sizes, and with many variations in capabilities”); see also Tetley
`
`(FLIR-1006) at .015 - .054; at .043 (“[t]here is a huge selection of GPS equipment
`
`available from a large number of manufacturers”).
`
`34. Brogdon described the obvious advantages of using electronic charts
`
`in conjunction with location data from GPS or Loran-C receivers:
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`electronic chart displays are a big step up in capability. They show
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`nearly all of the features displayed on a paper chart, such as aids to
`
`navigation, shorelines, channel edges, and depth contours. You can
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`add courses, waypoints, and other data. When a chart plotter is
`
`interfaced with the boat’s GPS or Loran-C receiver, the navigator can
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`watch the progress of the boat across an electronic representation of
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`the chart.
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`FLIR-1007.054.
`
`35.
`
`In 1995, the International Maritime Organization (“IMO”)3 approved
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`3 The IMO is the United Nations specialized agency with responsibility for the
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`safety and security of shipping and the prevention of marine pollution by ships.
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`See http://www.imo.org/en/About/Pages/Default.aspx.
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`18
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`FLIR-1003.018
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`
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`as a standard the “Electronic Chart Display and Information System” (“ECDIS”).
`
`Tetley (FLIR-1006) at .106 - .107; see also IMO Resolution A817 (19) (FLIR-
`
`1011). ECDIS “is a navigational information system comprising hardware, display
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`software and official vector charts and must conform to the ECDIS performance
`
`standards; amongst other aspects these performance standards govern chart data
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`structure, minimum display requirements and minimum equipment specifications.”
`
`Tetley (FLIR-1006) at .107. Electronic charts approved for use in an ECDIS are
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`called Electronic Navigational Charts, or “ENCs.” Tetley (FLIR-1006) at .102; see
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`also IMO Resolution A817 (19) (FLIR-1011) at .003.
`
`36. When used, ECDIS “should ‘assist the mariner in route planning and
`
`route monitoring and, if required, display additional navigation-related
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`information.’” Id., quoting IMO resolution A817 (19) (FLIR-1011); see also id. at
`
`.003 (“Use of ECDIS should reduce the navigational workload as compared to use
`
`of a paper chart. It should enable the mariner to execute in a convenient and timely
`
`manner all route planning, route monitoring and positioning currently performed
`
`on paper charts. It should be capable of continuously plotting the ship’s position”).
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`37. Among some of the many minimum requirements of ECDIS is the
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`ability of the system to show the “ship’s position on the display. Such a position is
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`the result of positional input data received from suitable sensors and should be
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`continuously updated in the display.” Tetley (FLIR-1006) at .108. Such “suitable
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`19
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`FLIR-1003.019
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`
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`sensors” include GPS or Loran-C, among others. See id. at .109 (Fig. 7.4).
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`38. As part of the requirement that ECDIS “assist the user to plan a route
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`and monitor the route under way,” id. at .108, the following functions in ECDIS
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`are enabled:
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`Route Planning. The mariner should be able to undertake the
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`planning of a suitable route, including the provision of waypoints
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`which should be capable of being amended as required. It should be
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`possible for the mariner to specify a limit of deviation from the
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`planned route at which activation of an automatic off-track alarm
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`occurs.
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`Route Monitoring. ECDIS should show own ship’s position when
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`the display covers the area involved. The user should be able to
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`‘look-ahead’ while in this mode but be able to restore own ship’s
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`position using a ‘single operator action’. The data displayed should
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`include continuous indication of ship’s position, course and speed and
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`any other information, such as time-to-go, past track history, etc.,
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`considered necessary to the user. Indication/alarms should feature
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`using parameters set by the mariner.
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`Indication/Alarm. ECDIS is required to give information about the
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`condition of the system or a component of the system; an alarm
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`20
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`FLIR-1003.020
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`
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`should be provided when a condition requires urgent attention. An
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`indication could be visual whereas an alarm could be visual but must
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`also be audible. Indications should include, among others,
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`information overscale, different reference system, route planned over
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`a safety contour etc. Alarms should include, among others, system
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`malfunction, deviation from a route, crossing safety contour etc.
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`Tetley (FLIR-1006)at .108.
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`39.
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`Furthermore, at least as early as 1999, the enhancement of ECDIS to
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`provide ‘automated support tools for voyage planning’ was known. As described
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`by Sabelis:
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`This formal description of the voyage planning process … is meant to
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`provide the basis for development of automated tools to support the
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`voyage planning process … The following paragraphs provide an
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`outline description of voyage planning support as envisaged by
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`ECDIS … Cycle-1: Route planning … The aim here is to select the
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`best route fulfilling the mission within the constraints as prescribed …
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`The result is an overview of feasible route options with their specific
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`characteristics in terms of distance, time, economy, and environmental
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`factors, providing the necessary information to make an initial route
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`selection.
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`21
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`FLIR-1003.021
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`Sabelis (FLIR-1017) at .005 - .006.
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`40.
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`Thus, before the September 2003 filing date of the 703 Patent, use of
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`electronic navigation systems that took advantage of electronic charts, GPS
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`receivers, and displays to allow a user to set waypoints, plot a route, see the boat’s
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`planned route and current location on the chart, and provided visual or audible
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`alarms when the boat veered off-course or approached a dangerous condition were
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`well-known. And as I explain further herein, it was also known to have the
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`computer not only plot a route, but automatically select non-user identified
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`waypoints as part of the route.
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`C.
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`The 703 Patent and its Claims
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`1.
`
`The 703 Specification
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`41.
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`The 703 Patent issued from an application (no. 10/667,026 (“the 026
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`Application”)), filed on September 18, 2003. The 703 Patent describes an
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`“electronic marine navigation device with marine course calculation capabilities
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`[that] includes a processor connected to a memory that includes cartographic data.”
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`FLIR-1001 at Abstract.
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`42.
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`It is noted in the Background of the Invention portion of the 703
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`Patent that boats may be “equipped with radios, radar systems, cameras, and
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`sensors for providing a variety of information to the boater. The boater can then
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`use the information from these devices in planning and navigating a course for the
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`22
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`FLIR-1003.022
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`
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`boat.” Id. at 1:16-20. But planning a route while considering all of this
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`information can be a time-consuming process, as the boater must consider, for
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`example, “which courses might be preferable, or even available, for the size and
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`type of boat being used. In addition, a user may inadvertently overlook one or
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`more hazards in planning their course.” Id. at 1:21-25.
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`43.
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`To purportedly address these concerns, the 703 Patent discloses use of
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`an “electronic marine navigational device.” See id. at 1:33. This device contains
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`generic computer components such as a processor, memory, and display screen.
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`See, e.g., id. at 4:14-19; see also FIG. 3:
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`FLIR-1001.005, Fig. 3
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`44.
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`The components identified in Fig. 3 of the 703 Patent were well-
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`23
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`FLIR-1003.023
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`
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`known, standard components used in computer systems in 2003. Although the
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`specification does not describe these components as being part of the “background
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`of the invention,” there is no doubt that these components were conventional and
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`in use as part of navigation systems before the 703 Patent filing date. For example,
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`U.S. Patent No. 6,356,837 to Yokota (FLIR-1012) issued on March 12, 2002. It
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`describes a navigation system for automobiles and shows in Fig. 2 the same types
`
`of components as those depicted in Fig. 3 of the 703 Patent:
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`Fig. 2 of Yokota (FLIR-1012.003)
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`Yokota describes the “position measurement equipment” labelled 13 as being, for
`
`example, a GPS receiver. Yokota (FLIR-1012) at 5:37-41.
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`24
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`FLIR-1003.024
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`
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`45.
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`Similarly, Xiaoxia published a paper in March 2002 describing
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`ECDIS and provided a block diagram of “the primary functional components of
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`ECDIS,” FLIR-1013.003:
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`Fig. 1 of Xiaoxia (FLIR-1013.003)
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`As shown above, the components in Xiaoxia are largely the same as those shown
`
`in Fig. 3 of the 703 Patent, and are part of a prior art electronic maritime
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`navigation device.
`
`46. Moreover, it is made clear in the specification of the 703 Patent that
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`there is nothing unique or inventive about the specific hardware components
`
`described therein: “those of ordinary skill in the art will appreciate that an
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`arrangement calculated to achieve the same techniques can be substituted for the
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`specific embodiments shown.” FLIR-1001 at 12:36-38.
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`47. Returning to Fig. 3 of the 703 Patent, the memory 330 may store
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`information such as cartographic data, information regarding the boat, and
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`25
`
`FLIR-1003.025
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`
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`information received from the various input devices (radios, radar systems,
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`cameras, and sensors) used on the boat. See, e.g., id. at 4:25-42. The
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`“cartographic data” includes what the 703 Patent refers to as “preselected
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`conditions” by the user, such as “indications of land, water depth, rock(s),
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`sandbars, shelves, tide condition, tidal data, wind conditions, weather conditions,
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`ice, above-water obstacles (e.g., bridges), underwater obstacles (e.g., submerged
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`wrecks), type of water bottom, and prohibited areas….” Id. at 4:38:42.
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`48.
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`In operation, the electronic marine navigation device receives as
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`input, such as from the input devices or the user, information regarding “a first
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`location, such as a present location or a waypoint location, or other waypoint
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`locations, such as a destination location, that can be used in calculating and/or
`
`analyzing a course for a marine craft.” Id. at 4:49-54. A “marine route calculation
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`algorithm” executed by the processor is t