IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`In re U.S. Patent No. 7,268,703
`
`Filed:
`
`rssued:
`
`Sep. 18,2003
`
`Sep. 11 , 2007
`
`Named Inventors:
`
`Darrin W. Kabel, Steven J. Myers
`
`Original Assignee:
`
`Garmin Ltd.
`
`Title:
`
`Methods, systems, and devices for cartographic
`alerts
`
`DECLARATION OF MARTIN US VAN DER DRIFT
`
`I, Martinus van der Drift, make this declaration in connection
`
`w ith the petition for inter partes review submitted by Petitioner for U.S.
`
`Patent No. 7,268,703 ("the 703 Patent"). All statements herein are made of
`
`my own personal knowledge. I am over age 2 l and otherwise competent to
`make this declaration. A lthough l am being compensated for my time in
`
`preparing this declaration, I have no financial or other interest in the
`
`Petitioner, the Patent Owner, or the outcome of this or any other legal
`
`proceedings relating to the 703 Patent.
`
`1.
`
`I am a maritime pilot serving the port of Rotterdam in the
`
`Netherlands. As a maritime pilot, l provide expert assistance to large
`
`commercial vessels as they navigate the channels and maritime traffic
`
`FLIR-1016.001
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`In re U.S. Patent No. 7,268,703
`
`Filed:
`
`rssued:
`
`Sep. 18,2003
`
`Sep. 11 , 2007
`
`Named Inventors:
`
`Darrin W. Kabel, Steven J. Myers
`
`Original Assignee:
`
`Garmin Ltd.
`
`Title:
`
`Methods, systems, and devices for cartographic
`alerts
`
`DECLARATION OF MARTIN US VAN DER DRIFT
`
`I, Martinus van der Drift, make this declaration in connection
`
`w ith the petition for inter partes review submitted by Petitioner for U.S.
`
`Patent No. 7,268,703 ("the 703 Patent"). All statements herein are made of
`
`my own personal knowledge. I am over age 2 l and otherwise competent to
`make this declaration. A lthough l am being compensated for my time in
`
`preparing this declaration, I have no financial or other interest in the
`
`Petitioner, the Patent Owner, or the outcome of this or any other legal
`
`proceedings relating to the 703 Patent.
`
`1.
`
`I am a maritime pilot serving the port of Rotterdam in the
`
`Netherlands. As a maritime pilot, l provide expert assistance to large
`
`commercial vessels as they navigate the channels and maritime traffic
`
`FLIR-1016.001
`
`
`
`separation schemes leading into Rotterdam harbor, one of the busiest port
`
`facilities in the world. Prior to beginning my work as a maritime pilot, I
`
`spent almost 10 years as an officer in the Royal Netherlands Navy. I served
`
`in a variety of positions during my tenure in the Navy, including as the
`
`Navigation Officer aboard HNLMS Johan de Witt- a 580-foot amphibious
`
`assault ship-during counter-piracy operations off the coast of Somalia, and
`
`as Executive Officer (second-in-command) of a Mine hunter and Torpedo
`
`recovery vessel. I also served as a Senior Watch Officer on a frigate during
`
`relief operations after Hurricane Katrina, and as an exchange officer aboard
`
`a U.S. Navy frigate soon after the 9111 attacks.
`
`2.
`
`I attended the Royal Netherlands Naval College and graduated
`
`in 200 I. Prior to graduating, I collaborated with my colleague Wichert de
`
`Jong on a project in which we researched and developed a system for
`
`automating a critical part of the voyage planning process-
`
`route
`
`planning-
`
`in order to rapidly determine the best route for a vessel in view of
`
`the vessel's characteristics and the specific requirements of the mission. Our
`
`system built upon
`
`then-existing electronic charting and navigation
`
`technology-such as the Electronic Chart Display and Information System
`
`("ECDIS")-and included computer software (that we developed) that
`
`employed a series of algorithms to build and rank routes for safe maritime
`
`transit.
`
`3.
`
`Both Wichert and I documented our work through dissertations
`
`that we separately authored and presented to the faculty of the Royal
`
`Netherlands Naval College in the fall of 200 I. Our respective dissertations
`
`focused on different aspects of the same underlying project. My dissertation
`
`focused on the specifics of the route selection algorithms that we used, while
`
`2
`
`FLIR-1016.002
`
`
`
`Wichert's dissertation- while describing the route selection algorithms .in
`
`detail-
`
`included more general information regarding the overall role of
`
`automated route selection in
`
`the voyage planning process, and
`
`the
`
`information requirements for making automated route planning possible.
`
`4. When our dissertations were completed, they were each
`
`announced in the daily orders that were distributed to all students and staff
`
`of the Naval College. ln addition, the Netherlands Institute for Navigation
`
`("NIN") presented both Wichert and me with an award for the work
`
`described in our dissertations at a public ceremony on February 8, 2002.
`
`The NIN also announced the award in a spring 2002 newsletter that was
`
`distributed to NIN members, which included a description of the subject
`
`matter of the dissertations.
`
`5.
`
`During my collaboration with Wichert on the project described
`
`above, Wichert was enrolled in a program at the University of Nottingham,
`
`which has a long-standing relationship with the Royal Netherlands Naval
`
`College under which Naval College students can receive degree credit for
`
`work performed at the Royal Netherlands Naval College. I was not formally
`
`enrolled in the program but took a module at the University of Nottingham
`
`with Wichert, and am fami liar with the program and Wichert's participation
`
`in it.
`
`I was aware at the time that Wichert submitted his thesis to the
`
`University of Nottingham in September 2001.
`
`6.
`
`As a result of this relationship with the University of
`
`Nottingham, Wichert worked not only with faculty at the Royal Netherlands
`
`Naval College, but also with members of the faculty at the University of
`
`Nottingham.
`
`For example, Wichert's thesis was supervised by Air
`
`Commodore Norman Bonner at the University of Nottingham. At the
`
`3
`
`FLIR-1016.003
`
`
`
`Netherlands Naval College, Captain Hein Sabelis was heavily involved with
`
`the supervision of both dissertations, as were Professor Frans Absil and
`
`Commander Fokke Bolderhei.
`
`ln add ition, Sam Storm van Leeuwen, Vice
`
`chairman of the NIN, read both dissertations, was instrumental in arranging
`
`the award that Wichert and I ultimately received, and authored the notice
`
`describing the dissertations that was published in the Spring 2002 NTN
`
`newsletter.
`
`7.
`
`As of August 2002, the individuals named in the preceding
`
`paragraph were aware that Wichert's dissertation had been submitted to the
`
`University of Nottingham and thus, g iven their understanding of general
`
`university practices with respect to submitted dissertations, were aware that
`
`it was likely to be publicly available at the University of Nottingham library.
`
`I was also personally aware, as of August 2002, of the content of Wichert's
`
`dissertation and the fact that he had submitted the dissertation to the
`
`University of Nottingham. More broadly, as of August 2002, a significant
`
`number of my military and academic colleagues, other members of the
`
`faculty at both the University of Nottingham and the Royal Netherlands
`
`Naval College, and members of the NIN were fami liar with Wichert's
`
`dissertation. Many of these individuals were also aware of the fact that
`
`Wichert's dissertation had been submitted to the University of Nottingham.
`
`8.
`
`Accordingly, multiple members of the professional, military,
`
`and academic communities that I was a part of were aware, as of August
`
`2002, of both the content of Wichert's djssertation and the fact of its
`
`availability at the University of Nottingham.
`
`I affirm and declare under penalty of perjury under the laws of the United
`
`4
`
`FLIR-1016.004
`
`
`
`States of America that all statements in this declaration made of my own
`
`knowledge are true and that all statements made on information and belief
`are believed to be true. r understand that willful false statements and the like
`are punishable by fine, imprisonment, or both (18 U.S.C. § 1001), and may
`
`jeopardize the validity of the application or any patent issuing thereon.
`
`01 /11 /10 1t
`
`Date
`
`J10=:-i~~
`
`Martinus van der Drift
`
`5
`
`FLIR-1016.005
`
`
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