MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ---:---
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC.
`(f/k/a RAYMARINE, INC.),
`
` ) Case No.
` ) IPR2017-00946
` )
` ) Patent 7,268,703 B1
` )
` )
` )
` )
` )
` )
` )
` Patent Owner.
`____________________________ )
`
` Petitioner,
`
` vs.
`
`GARMIN SWITZERLAND GmbH,
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` VIDEO CONFERENCE DEPOSITION OF
`
` MICHAEL S. BRAASCH, PhD
`
`Taken on behalf of Patent Owner Garmin Switzerland
`
`GmbH at Certified Legal Video Services, 1111 Bishop
`
`Street, Suite 500, Honolulu, Hawaii 96813, commencing
`
`at 9:35 a.m. on October 16, 2017 pursuant to Notice.
`
`Before: WILLIAM T. BARTON, RPR, CSR NO. 391
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 1
`
`
`
`Page 1
`
` UNITED STATES PATENT AND TRADEMARK OFFICE
`
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ---:---
`
`FLIR SYSTEMS, INC. and
`FLIR MARITIME US, INC.
`(f/k/a RAYMARINE, INC.),
`
` ) Case No.
` ) IPR2017-00946
` )
` ) Patent 7,268,703 B1
` )
` )
` )
` )
` )
` )
` )
` Patent Owner.
`____________________________ )
`
` Petitioner,
`
` vs.
`
`GARMIN SWITZERLAND GmbH,
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
` VIDEO CONFERENCE DEPOSITION OF
`
` MICHAEL S. BRAASCH, PhD
`
`Taken on behalf of Patent Owner Garmin Switzerland
`
`GmbH at Certified Legal Video Services, 1111 Bishop
`
`Street, Suite 500, Honolulu, Hawaii 96813, commencing
`
`at 9:35 a.m. on October 16, 2017 pursuant to Notice.
`
`Before: WILLIAM T. BARTON, RPR, CSR NO. 391
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 1
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 2
`
`APPEARANCES:
`
` For Petitioner
` FLIR Systems, Inc. and FLIR Maritime US, Inc.
` (f/k/a Raymarine, Inc.)
` BRIAN FERGUSON, ESQ.
` Weil Gotshal & Manges LLP
` 1300 Eye Street NW, Suite 900
` Washington, DC 20005
` (202) 682-8000
` brian.ferguson@weil.com
`
` For Patent Owner
` Garmin Switzerland GmbH
` JENNIFER C. BAILEY, ESQ.
` ADAM SEITZ, ESQ.
` (present by video conference)
` ERISE IP, P.A.
` 6201 College Boulevard, Suite 300
` Overland Park, Kansas 66211
` (913) 777-5600
` Jennifer.Bailey@EriseIP.com
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 2
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 3
`
` INDEX
`
` EXAMINATION
`
`Witness Name Page
`
`MICHAEL S. BRAASCH, PhD
`
` CROSS BY MS. BAILEY ....................... 4
`
` REDIRECT BY MR. FERGUSON .................. 84
`
` EXHIBITS
`
`Exhibit Description Page
`
`1000 Petition for Inter Partes Review of 4
` U.S. Patent 7,268,703, pages 1
` through 77
`
`1001 U.S. Patent 7,268,703 B1, 4
` FLIR-1001.001 through FLIR-1001.020
`
`1003 Declaration of Michael S. Braasch 4
`
`1005 Automated Route Planning, 4
` FLIR-1005.001 through FLIR-1005.132
`
`1006 Electronic Navigation Systems, 4
` FLIR-1006.001 through FLIR-1006.168
`
`1017 Voyage Planning in ECDIS, 4
` FLIR-1017.001 through FLIR-1017.008
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 3
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 4
`
` (Whereupon, Petition for Inter Partes Review of
`
`U.S. Patent 7,268,703, pages 1 through 77 was
`
`pre-marked as Exhibit 1000 for Identification.)
`
` (Whereupon, U.S. Patent 7,268,703 B1,
`
`FLIR-1001.001 through FLIR-1001.020 was pre-marked as
`
`Exhibit 1001 for Identification.)
`
` (Whereupon, a Declaration of Michael S. Braasch
`
`was pre-marked as Exhibit 1003 for Identification.)
`
` (Whereupon, Automated Route Planning,
`
`FLIR-1005.001 through FLIR-1005.132 was pre-marked as
`
`Exhibit 1005 for Identification.)
`
` (Whereupon, Electronic Navigation Systems,
`
`FLIR-1006.001 through FLIR-1006.168 was pre-marked as
`
`Exhibit 1006 for Identification.)
`
` (Whereupon, Voyage Planning in ECDIS,
`
`FLIR-1017.001 through FLIR-1017.008 was pre-marked as
`
`Exhibit 1017 for Identification.)
`
` MICHAEL S. BRAASCH, PhD,
`
`Called as a witness by Patent Owner, having been
`
`first duly sworn, was examined and testified as
`
`follows:
`
` CROSS-EXAMINATION
`
`BY MS. BAILEY:
`
` Q. Good morning, Dr. Braasch. Thank you for
`
`being here.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 4
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 5
`
` A. Good morning.
`
` Q. My name is Jennifer Bailey. I have here
`
`with me my partner Adam Seitz. We are with the law
`
`firm IRISE IP in the Kansas City, Missouri area.
`
` I know you traveled a long way for your
`
`deposition today, and we appreciate it.
`
` You're about five hours behind us; is that
`
`correct?
`
` A. I think that's about right, yes.
`
` Q. I mention that because it might make some
`
`of our deposition today a little bit odd or awkward
`
`with respect to timing. I want to make clear that if
`
`at any time you need a break, please let know,
`
`whether it's a restroom break or lunch or dinner
`
`break especially since our timing is kind of off
`
`today.
`
` A. I will do that.
`
` Q. Great. Could you please state your full
`
`name and spell it and the address?
`
` A. It's Michael Scott Braasch, M-I-C-H-A-E-L,
`
`S-C-O-T-T, B-R-A-A-S-C-H.
`
` And with regard to your question about my
`
`address are you asking for my current address,
`
`permanent address or both?
`
` Q. How about your permanent address in the
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 5
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 6
`
`U.S.
`
` A. My permanent address is 19134 South Canaan,
`
`C-A-N-A-A-N, Road. The City is Guysville spelled
`
`G-U-Y-S-V-I-L-L-E. The State is Ohio. And the zip
`
`is 45735.
`
` Q. Great. Thank you. So, I'm going to ask a
`
`series of questions today. If you don't understand
`
`one of my questions, please, do let me know and I'll
`
`be glad to repeat it or rephrase is.
`
` If you need a question repeated, please go
`
`ahead and ask. Is that okay with you?
`
` A. That will be fine.
`
` Q. Okay. So I'm going to assume that if you
`
`answer my question that you understand my question.
`
` Is that agreeable to you?
`
` A. Yes, it is.
`
` Q. Great. And I also already mentioned that
`
`if you do need to take a break just let me know. So
`
`in preparing for your deposition today could you walk
`
`me through what you did to prepare?
`
` A. Yes. I reviewed my declaration. I
`
`reviewed the patent and the challenged claims. I
`
`reviewed the art that I analyzed in preparing my
`
`declaration.
`
` I also reviewed the petition. And I
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 6
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 7
`
`reviewed the board's institution decision. I also
`
`met with counsel.
`
` Q. Did you review Garmin's preliminary
`
`response filed in the proceeding?
`
` A. I believe I did briefly.
`
` Q. What counsel did you meet with?
`
` A. I met with Mr. Ferguson from Weil.
`
` Q. Only Mr. Ferguson?
`
` A. That's correct.
`
` Q. Was anyone else on the phone perhaps from
`
`FLIR?
`
` A. No, they were not.
`
` Q. Okay. How long did you meet with Mr.
`
`Ferguson?
`
` A. Approximately six hours.
`
` Q. Did you meet with him yesterday?
`
` A. Yes.
`
` Q. Have you ever served as an expert witness
`
`in a patent matter before?
`
` A. Yes, I have.
`
` Q. What matter was that?
`
` A. I've been doing this for ten years and
`
`probably a couple dozen cases. I'm not sure where I
`
`would start.
`
` Q. So you've been a patent expert in a couple
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 7
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 8
`
`of dozen cases?
`
` A. Approximately.
`
` Q. Have you ever worked with FLIR before?
`
` A. No, I have not.
`
` Q. What navigation companies have you worked
`
`with before?
`
` MR. FERGUSON: Object to the form.
`
` A. Could you rephrase the question.
`
` Q. Sure. You said you've been a patent expert
`
`in a couple of dozen cases. Have you ever worked
`
`with a navigation company or been an expert for the
`
`navigation company?
`
` A. Yes. In the sense of companies that have
`
`provided products that work in the area of
`
`navigation. So, for example, in the previous case I
`
`worked for Garmin. And I have worked for -- I worked
`
`for phone, mobile phone manufacturers and wireless
`
`communications companies that have provided products
`
`to their customers that were used for the purposes of
`
`providing directions, for example.
`
` Q. Thank you. Your declaration that you
`
`prepared for this proceeding that you said that you
`
`reviewed, how did you prepare that declaration?
`
` A. I started by reviewing the patent and the
`
`challenge claims. I reviewed art that counsel
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 8
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 9
`
`provided to me. As I formulated my opinions I also
`
`collaborated with counsel in the preparation of the
`
`declaration.
`
` Q. Did counsel prepare the first draft of the
`
`declaration?
`
` A. Off the top of my head my recollection is
`
`that counsel prepared an initial shell or outline
`
`that I populated with various parts. Counsel in
`
`collaboration with me as forming my opinions provided
`
`some input into the shell as well. So it was a
`
`collaborative process as the first draft was built.
`
` Q. Thank you. So I want to put that to
`
`another topic today. This matter uses a lot of terms
`
`and jargon that I want to try to kind of get down for
`
`reference purposes. I want to start out with the
`
`concept of electronic charts. First, could you
`
`describe to me what a hydrographic feature is?
`
` A. Well, I don't recall relying on
`
`specifically a definition of hydrographic features
`
`for my declaration. Did I use that in my
`
`declaration? I may have and I just can't remember
`
`off the top of my head.
`
` Q. One of the references that you cite to
`
`relies on, uses the term "hydrographic feature". My
`
`question is -- let me rephrase my question.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 9
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 10
`
` Do you know what a hydrographic feature is?
`
` A. My general understanding is it can
`
`reference various features of a waterway, could be
`
`water depths or things that are in the water that
`
`could potentially form an obstruction to a vessel.
`
` Q. So the hydrographic feature is a feature
`
`that could potentially form an obstruction to a
`
`vessel?
`
` A. That's one example.
`
` Q. Any other examples?
`
` A. Not that are coming to mind immediately.
`
` Q. Okay. What is a cartographic feature?
`
` A. I'm going to take a look at some of the
`
`references I have.
`
` Q. Sure. Could you let me know what reference
`
`you're looking at when you pull it out?
`
` A. Yes, I will do that.
`
` (Pause.)
`
` A. I'm not finding the particular item that I
`
`thought I was recalling from the references. But in
`
`answer to your question, a cartographic feature in
`
`the context of the prior art and electronic
`
`navigation charts would be some element of a, element
`
`of a chart or a map.
`
` Q. So a cartographic feature is an element of
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 10
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 11
`
`a chart or a map?
`
` A. I think that would be one example, yes.
`
` Q. Any other examples?
`
` A. Not that are coming to mind immediately.
`
` Q. Are there any differences between a
`
`hydrographic feature and a cartographic feature?
`
` A. To the extent that a hydrographic feature
`
`isn't represented on a chart, then it would still
`
`exist but wouldn't be a feature on a particular
`
`chart.
`
` Q. Could you give me a general description of
`
`how electronic charts are used in marine navigation?
`
` A. Well, one example would be within the ECDIS
`
`system, that's E-C-D-I-S, that is in the art that I
`
`have opined on in my declaration.
`
` Q. So one example of an electronic chart is
`
`the ECDIS that you opined on; is that correct?
`
` A. No. The electronic charts are used in
`
`ECDIS among other things that ECDIS is used for.
`
` Q. How are the electronic charts used in
`
`ECDIS?
`
` A. Well, they are used in a variety of ways.
`
`One is to display the chart to or display a given
`
`chart to the person on the boat or ship that is
`
`involved with the ship's navigation. The position
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 11
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 12
`
`and course of the boat can be depicted on the charts
`
`on ECDIS. There are other things that ECDIS does as
`
`well that I've talked about in my declaration that
`
`are discussed in the prior art.
`
` Q. I want to come back to the features of
`
`ECDIS in a couple of minutes. Are there different
`
`types of electronic charts that are used for marine
`
`navigation?
`
` A. I believe there are. But I can't quote
`
`examples right off the top of my head.
`
` Q. Are you familiar with Raster charts,
`
`R-A-S-T-E-R?
`
` A. Yes, I am.
`
` Q. Could you explain to me what a Raster chart
`
`is, please?
`
` A. Basically, a Raster chart is a scanned
`
`image of a chart. So it's kind of like taking a
`
`photocopy, only the copy is showing up in the
`
`computer rather than on paper.
`
` Q. In addition to Raster charts what other
`
`electronic charts are there for marine navigation?
`
` A. Well, another example would be a vector
`
`based chart.
`
` Q. Could you explain to me what a vector based
`
`chart is?
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 12
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 13
`
` A. In a vector image then the various elements
`
`within the chart are represented in such a way that
`
`they can be grouped, they can be scaled. And in
`
`general the vector approach provides more
`
`flexibility, typically provides better resolution for
`
`the user.
`
` Q. What do you mean by the various elements
`
`can be "grouped" or "scaled"?
`
` A. Well, for example, if in a Raster chart
`
`then the various elements of the chart that's been
`
`scanned are just treated. Each pixel is just, a
`
`black and white image, for example, the individual
`
`pixel would be black or white. That's it. That's
`
`all that's known in the Raster image.
`
` Whereas in a vector approach a line, for
`
`example, is represented in a different way. And what
`
`it allows the computer to do is to recognize the, for
`
`example, the location and length and orientation of a
`
`line.
`
` And when that overall chart is zoomed in or
`
`out then the computer is able to, is able to redraw
`
`that, in this example, a line on the chart, is able
`
`to redraw that at the scale of whatever is being
`
`zoomed to.
`
` Whereas in a Raster image the computer is
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 13
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 14
`
`unaware that these various pixels are actually
`
`connected. That's where resolution can get lost in a
`
`Raster image.
`
` Q. So what type of charts does ECDIS use?
`
` A. My recollection is that in the history of
`
`the development of ECDIS since the mid nineties, I
`
`believe both kinds of charts have been utilized in
`
`various products. I believe the Tetley reference
`
`goes into that in some detail. I don't remember the
`
`details off the top of my head.
`
` Q. Is there a difference between an electric
`
`chart and an electronic navigational chart?
`
` (Pause.)
`
` A. The term "electronic navigation chart" or
`
`ENC is a term of art within marine navigation.
`
`However, the Tetley reference, for example, has,
`
`Chapter 7 is titled Electronic Charts as a generic
`
`term.
`
` Certainly an electronic navigation chart is
`
`a chart used specifically in the navigation context.
`
`But I think the Tetley reference would indicate that
`
`the term "electronic charts" may also be utilized in
`
`marine navigation as well. But electronic navigation
`
`chart is a particular term of art within the marine
`
`navigation community.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 14
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 15
`
` Q. Explain to me why it is a term of art.
`
` (Pause.)
`
` (Off the record discussion.)
`
` A. I'm looking at the Tetley reference on the
`
`Bates page 102 which is page 230 of Tetley. And this
`
`section 7.2.3 is titled, Electronic Navigational
`
`Charts ENC.
`
` As Tetley states here these, referring to
`
`electronic navigation charts, are the designated
`
`charts for the ECDIS system. So that's why
`
`electronic navigation charts is a term of art.
`
` Q. Thank you. For the record Tetley is
`
`entered as Exhibit 1003.
`
` MR. FERGUSON: 1006.
`
` Q. I'm sorry. 1006. Thank you. Dr. Braasch,
`
`could you turn to Exhibit 1003 which is your
`
`declaration. Specifically turn to paragraph 32. And
`
`could you please read paragraph 32? It's on page 16.
`
` MR. FERGUSON: To himself or out loud?
`
` MS. BAILEY: Thank you, Brian.
`
` Q. Just to yourself, Dr. Braasch.
`
` A. Okay.
`
` (Pause.)
`
` A. Okay. I've read through paragraph 32.
`
` Q. Great. Thank you. So the last sentence on
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 15
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 16
`
`page 16 of paragraph 32 states, "Furthermore
`
`electronic charts may be used with appropriate
`
`navigation software to enable a mariner to plot
`
`courses sufficiently."
`
` Could you explain to me how the electronic
`
`charts are used with the navigation software to
`
`enable a mariner to plot the courses sufficiently?
`
` A. One example is described elsewhere in my
`
`declaration and in the prior art that I've analyzed
`
`which is the ECDIS system that uses the electronic
`
`charts. But also enables the mariner to plan a route
`
`and then monitor and log the position of the ship as
`
`it's traversing around.
`
` Q. So, I'm trying to get an idea of what the
`
`marine does in using the electronic chart to plot its
`
`route.
`
` Could you kind of walk me through a, let's
`
`just say the broad steps of how the mariner would use
`
`the electronic chart to plot the route?
`
` (Pause.)
`
` A. The teachings of de Jong and Tetley
`
`indicate that the process involves, for example,
`
`starting with the point of departure, determining the
`
`destination and then considering a number of
`
`additional factors that are described in more detail
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 16
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 17
`
`in the references.
`
` But, for example, de Jong talks about the
`
`time required, the characteristics of the waterways
`
`the ship will be potentially going through and how
`
`that may impact the, either the route that's selected
`
`or the candidate route that's selected. And de Jong
`
`goes through that in great detail as he describes in
`
`part a method for planning a route that could be used
`
`within the, an algorithm for route planning that
`
`could be used within ECDIS.
`
` Q. So outside of the teachings of de Jong if
`
`the mariner was going to use an electronic chart with
`
`navigation software to plot a course, what's the
`
`first thing the mariner would do to plot that course?
`
` MR. FERGUSON: Object to the form.
`
` A. The opinions that I have provided in my
`
`declaration were focused on de Jong and the
`
`combination of de Jong with Tetley. So I have not
`
`opined on a situation where de Jong was not being
`
`utilized.
`
` Q. In paragraph 32 you state that "electronic
`
`charts may be used with appropriate navigation
`
`software to enable a mariner to plot courses
`
`efficiently."
`
` All I'm asking is how would a mariner plot
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 17
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 18
`
`the course efficiently per what you stated in
`
`paragraph 32 of your declaration?
`
` A. One example would be if the mariner has set
`
`a particular heading and is intending to sail in a
`
`particular direction with a certain heading.
`
` What the combination of the electronic
`
`navigation charts and the navigation software would
`
`enable the mariner to do would be to see the position
`
`of the vessel depicted on the electronic chart and an
`
`indication of the direction of travel of the vessel.
`
` And that is facilitated by the fact that
`
`the charts are already in the computer, and with the
`
`navigation system that includes a positioning
`
`component and an indication of the direction of
`
`travel, then that could be depicted on the display of
`
`the chart and the position of the vessel and the
`
`direction of travel. That can all be done on the
`
`computer rather than the mariner by hand having to
`
`take a paper chart, put the position of the vessel on
`
`the chart and then carefully draw out the line that
`
`corresponds to the current course or heading of the
`
`vehicle, vessel, for example.
`
` Q. Does the mariner plot the course while it's
`
`traveling the course and can see its position on the
`
`electronic chart?
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 18
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 19
`
` (Pause.)
`
` A. Could you repeat the question back to me?
`
` MS. BAILEY: Mr. Barton, could you please
`
`repeat the question.
`
` (Record read by the Court Reporter.)
`
` A. That's certainly one example. Mariners do
`
`log position as the vehicle is traversing around.
`
` Q. Is it plotting the course when it sees the
`
`position on the electronic chart?
`
` A. I think there are examples of mariner
`
`plotting the course, plotting the position of the
`
`vessel as it's traversing a given route. There's
`
`also examples where the term is used to plot out an
`
`intended course.
`
` Q. Explain to me how you would plot out an
`
`intended course per paragraph 32 of your declaration
`
`and the sentence we've been discussing.
`
` A. I gave an example earlier where a course
`
`might be a given heading from a current or some
`
`initial position. And as I mentioned, described
`
`earlier, the electronic charts in conjunction with
`
`the navigation system can provide a graphical
`
`indication of the initial point and that direction of
`
`travel.
`
` Q. Let's talk about ECDIS. Explain to me what
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 19
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 20
`
`ECDIS does.
`
` (Pause.)
`
` A. In my declaration I provide an overview of
`
`what ECDIS does. In, for example, my paragraphs 35
`
`through 39. And there is quite a bit of additional
`
`disclosure provided both in the de Jong and Tetley
`
`references.
`
` Q. Could you give me a summary of what ECDIS
`
`does?
`
` A. Well, sitting here today I'm not sure I can
`
`give you a comprehensive summary. But I can
`
`certainly give you some examples of some of the
`
`functionality in ECDIS.
`
` So, for example, in my paragraph 35 and
`
`quoting from Tetley that ECDIS is a navigational
`
`information system comprising hardware, display
`
`software and official vector charts and must conform
`
`to the ECDIS performance standards.
`
` In my paragraph 36 quoting from the IMO
`
`resolution stating that ECDIS should assist the
`
`mariner in route planning and route monitoring, and
`
`if required display additional navigational related
`
`information.
`
` In paragraph 37 I state among some of the
`
`many minimum requirements of ECDIS is the ability of
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 20
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 21
`
`the system to show the ship's position on the
`
`display.
`
` In paragraph 38 stating that functions such
`
`as route planning and route monitoring are enabled by
`
`ECDIS along with indications and alarms.
`
` As I indicate in paragraph 39 along with
`
`certainly the de Jong reference in the late nineties,
`
`early 2000s, there was work to enhance ECDIS in order
`
`to provide automated support tools for voyage
`
`planning. And there's, as I said there's other
`
`disclosure that may come to mind in the references as
`
`well.
`
` Q. What does an ECDIS system look like on a
`
`vessel? If I were to walk in and I'm a mariner and I
`
`see the ECDIS system, what does it look like?
`
` MR. FERGUSON: Object to the form.
`
` (Pause.)
`
` A. There are a number of examples that are
`
`shown in Tetley. For example, I direct your
`
`attention to Bates page 75 of the Exhibit 1006. And
`
`what's being illustrated there is a console of the
`
`voyager system produced by Furuno. This is an
`
`example of so-called integrated bridge system, and
`
`the ECDIS is a part of that.
`
` There are additional examples. So if we go
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 21
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 22
`
`to Bates page 77 in 1006 it shows that the ECDIS
`
`display is a component of voyager. And I think there
`
`are some other examples in Tetley as well.
`
` Q. Okay. Thank you. Why don't we take a
`
`ten-minute break.
`
` MR. FERGUSON: Sure.
`
` MS. BAILEY: Great. Off the record. Thank
`
`you.
`
` (Whereupon, a recess was taken from 10:27
`
`a.m. to 10:41 a.m.)
`
` Q. Welcome back, Dr. Braasch.
`
` A. Thank you.
`
` Q. Outside of de Jong who is doing the route
`
`planning when using an ECDIS system?
`
` MR. FERGUSON: Object to the form.
`
` (Pause.)
`
` A. So the question is outside of de Jong who
`
`is doing the route planning in the ECDIS system. And
`
`one example is that the mariner could use the ECDIS
`
`system as a simple replacement of the paper chart.
`
`Meaning that the mariner could look at the electronic
`
`navigation charts and then by hand, so to speak,
`
`determine waypoints on an intended route and do that
`
`in conjunction with placing those waypoints on the
`
`electronic chart display in ECDIS.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 22
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 23
`
` One example is the mariner plotting out the
`
`intended course by hand in ECDIS. Whereas de Jong is
`
`suggesting that teaching that the automated tools can
`
`be put into ECDIS in order to automate certain
`
`aspects of the route planning process.
`
` Q. You said the mariner charting by hand, and
`
`I'm summarizing, is one example. What is another
`
`example?
`
` A. I don't have any others coming to mind
`
`right here as I sit here today.
`
` Q. Okay. Could you please look at Tetley
`
`which is Exhibit 1006 and look at page 107. Once you
`
`turn to that page let me know, please.
`
` A. I am on Bates page 107 of Exhibit 1006.
`
` Q. Could you please review and read to
`
`yourself bullet point 3 beginning with, electronic
`
`chart display and information system.
`
` (Pause.)
`
` A. I have read the bullet.
`
` Q. Could you turn to the next page of Tetley,
`
`page 108, and read bullet point 8 that begins, route
`
`planning.
`
` (Pause.)
`
` A. I have read that bullet.
`
` Q. Are these two sections that you just read
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 23
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 24
`
`consistent with your understanding and the answer you
`
`just gave that a mariner would use ECDIS to plot a
`
`course or a route?
`
` A. As the reference states ECDIS, I'm quoting
`
`from the end of the bullet that is labeled Electronic
`
`Chart Display and Information System, it says at the
`
`end of that paragraph, "The ECDIS is used in
`
`conjunction with navigation sensors to assist the
`
`mariner in route planning, route monitoring and
`
`displaying additional navigational related
`
`information if required."
`
` So the ECDIS is certainly assisting the
`
`mariner in route planning.
`
` Q. Does ECDIS include route planning?
`
` (Pause.)
`
` A. For example, looking at Bates page 76 of
`
`1006 Tetley states the main features of the ECDIS
`
`are, and numerous bullet points are listed. Bullet
`
`point number 4 is route planning and route
`
`monitoring.
`
` Q. What is meant by the route planning
`
`referred to in the bullet point that you just quoted
`
`from?
`
` (Pause.)
`
` A. As I stated earlier, at least one example
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MIDWEST LITIGATION SERVICES
`www.midwestlitigation.com
`Phone: 1.800.280.3376
`
`Fax: 314.644.1334
`
`IPR2017-00946
`Garmin EX2004 Page 24
`
`
`
`MICHAEL S. BRAASCH PhD 10/16/2017
`
`Page 25
`
`is where the ECDIS enables the mariner to specify
`
`waypoints of an intended route on the chart. And
`
`that's one of the capabilities that ECDIS has. That
`
`would be one example that's coming to mind
`
`immediately of how ECDIS supports route planning.
`
`And again, this is under the assumption tha
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
