`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`BMW OF NORTH AMERICA, LLC,
`
`Petitioner
`
`v.
`
`STRAGENT, LLC
`
`Patent Owner
`
`____________
`
`Case No. IPR2017-01522
`
`U.S. Patent No. 8,209,705
`
`Title: SYSTEM, METHOD AND COMPUTER PROGRAM PRODUCT FOR
`SHARING INFORMATION IN A DISTRIBUTED FRAMEWORK
` ____________
`
`
`
`DECLARATION OF R. BENJAMIN CASSADY
`
`
`
`
`
`
`
`
`BMW EXHIBIT 1014
`
`Page 1 of 31
`
`
`
`I, R. Benjamin Cassady, make the following declaration pursuant to 28 U.S.C.
`
`§ 1746.
`
`1.
`
`I am an attorney at the law firm Finnegan, Henderson, Farabow,
`
`Garrett & Dunner, LLP.
`
`2.
`
`I provide this Declaration in connection with the inter partes review
`
`of U.S. Patent No. 8,566,843. Unless otherwise stated, the facts stated in this
`
`Declaration are based on my personal knowledge.
`
`3.
`
`On
`
`January
`
`5,
`
`2017,
`
`I
`
`visited
`
`http://ieeexplore.ieee.org/document/1053011/ and saved an image of the webpage.
`
`That image is now Exhibit 1017 and refers to Reinhard Maier, “Event-Triggered
`
`Communication on Top of Time-Triggered Architecture,” Proceedings of the 21st
`
`Digital Avionics
`
`Systems Conference,
`
`vol.
`
`2,
`
`13.C.5-1-13.C.5-9
`
`(Oct. 27-31, 2002) (“Maier”). I also obtained a copy of Maier, which is now
`
`Exhibit 1006, on January 11, 2017, through the library at Finnegan, Henderson,
`
`Farabow, Garrett & Dunner, LLP.
`
`4.
`
`On January 11, 2017, I visited http://electronicdesign.com/ saved an
`
`image of the webpage (Appendix A). I clicked on “Site Archive” and saved the
`
`next webpage (Appendix B). I then scrolled down to heading “2001” and clicked
`
`“January” and saved the next webpage. (Appendix C). I scrolled down and clicked
`
`on “Software And Hardware Standards Help, But In-Vehicle Network Growth Will
`
`1
`
`Page 2 of 31
`
`
`
`Be Conservative” and saved the next webpage (Appendix D). Appendix D is the
`
`webpage version of Ex. 1012 (William Wong, Software And Hardware Standards
`
`Help, But In-Vehicle Network Growth Will Be Conservative: CAN networks and
`
`OSEK/VDX compatible operating systems will drive tomorrow’s vehicles,
`
`Electronic
`
`Design,
`
`vol.
`
`49,
`
`issue
`
`1,
`
`62
`
`(Jan. 8, 2001)).
`
`5.
`
`I have reviewed Exhibit 1013 (Affidavit of Christopher Butler, Office
`
`Manager at the Internet Archive, dated December 13, 2016) and compared Exhibit
`
`A to Exhibits 1007-1010. I confirm that Exhibit 1008 is the same as pages 5-190
`
`of Exhibit A; Exhibit 1009 is the same as pages 191-330 of Exhibit A; Exhibit
`
`1007 is the same as pages 331-343 of Exhibit A; Exhibit 1010 is the same as pages
`
`382-422 of Exhibit A.
`
`6.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`that these statements were made with the knowledge that willful false statements
`
`and the like so made are punishable by fine or imprisonment, or both, under
`
`Section 1001 of Title 18 of the United States Code.
`
`Date: June 6, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`By: / R. Benjamin Cassady/
`R. Benjamin Cassady
`
`
`
`
`
`
`
`2
`
`Page 3 of 31
`
`
`
`APPENDIX A
`
`APPENDIX A
`
`
`
`Page 4 of31
`
`Page 4 of 31
`
`
`
`1/11/2017
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`Electronic Design | Home
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`Week
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`By Electronic Design Staff
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`Read Now
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`What’s All This 555 Timer Stuff, Anyway? 1
`Electronic Design’s Products of the Week (1/8
`1/14)
`The Chemical Tests of the Future Could Move
`onto Chips 1
`Piezo Disks Deliver Vertical Haptic Feedback
`Tiny Bluetooth Module Ideal for Wearable IoT
`Applications
`
`WiFi Alliance Resuscitates the
`IEEE’s 60GHz Neglected Stepchild
`5
`The Alt.Embedded News Roundup,
`Part 1
`2016 Electronic Design Salary and
`Career Report: Struggling to Stand
`Out 3
`4 Layers of Automotive Security
`4
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`SPONSORED
`JAN 5, 2017
`Prioritize Circuit Protection
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`USB TypeC is revolutionizing the
`powercharging arena, but building in circuit protection
`becomes challenging due to the small connector size and
`highpower combination....More
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`News and Products
`ENGINEERING ESSENTIALS
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`Leaders Issue
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`1/11/2017
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`Electronic Design | Home
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`need to account for in your next embedded system
`design....More
`
`ARTICLE
`JAN 11, 2017
`What’s All This 555 Timer
`Stuff, Anyway? 1
`When it comes to the venerable 555
`timer, Paul Rako agrees with Bob Pease—avoid using it if your
`application demands any kind of precision....More
`
`GALLERY
`JAN 10, 2017
`Electronic Design’s Products
`of the Week (1/81/14)
`Here we've rounded up some of the
`latest products to optimize your applications, devices, and
`systems.
`
`ARTICLE
`JAN 10, 2017
`Piezo Disks Deliver Vertical
`Haptic Feedback
`TDK uses piezo electric disks to
`deliver vertical haptic feedback efficiently and
`compactly....More
`
`ARTICLE
`JAN 9, 2017
`Tiny Bluetooth Module Ideal
`for Wearable IoT Applications
`TAIYO YUDEN’s latest Bluetooth
`module is so small, more than half a dozen would fit on a
`dime....More
`
`ARTICLE
`JAN 9, 2017
`Car Technology Drives CES
`2017 1
`From selfdriving cars to vehicle
`toX (V2X) connectivity, automotive technology is big at this
`year’s Consumer Electronics Show....More
`
`ARTICLE
`JAN 6, 2017
`11 Myths About NAND Flash
`NAND flash is the dominant solid
`state storage technology. Its
`features and advantages are well known, but a lot of myths are
`still floating around....More
`
`ARTICLE
`JAN 5, 2017
`The Power of Low Noise in
`IoT Smart Sensors
`For those developing smartsensor
`concepts for IoT applications, sometimes the best
`performance and the lowest power dissipation may come from
`the same sensor....More
`
`ARTICLE
`JAN 5, 2017
`The Future of Digital Health
`2
`This article takes a closer look at
`how smartphones and health apps are becoming key vehicles
`for managing personal healthcare....More
`
`BLOG
`
`JAN 4, 2017
`
`Major Wireless Developments
`Driving 2017 Agendas
`
`These Trends Will Shape Embedded
`Technology in 2017
`
`Power & Analog 2017 Forecast:
`What Experts Are Saying
`
`CURRENT ISSUE / ARCHIVE
`
`Fusing Sensors
`
`TDK Swears by Sensor Fusion in
`$1.3 Billion Deal for InvenSense
`
`By James Morra
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`Join Our Newsletter
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`Electronic Design Content, 5 days a week.
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`Current Issue
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`1/11/2017
`
`Electronic Design | Home
`
`5 Things You Must Know
`About the New Bluetooth 5
`Longer range, faster speed, and
`larger broadcast message capacity
`come with Bluetooth 5, which
`makes it an even stronger wireless competitor in the IoT
`space....More
`
`ARTICLE
`JAN 4, 2017
`Are You (Really) Ready for
`Your Next Node? 2
`Unrelenting transistor scaling has
`more than a few companies jumping a technology node, but
`they need to be aware of the challenges that brings—some of
`which are not so obvious....More
`
`JAN 4, 2017
`
`ARTICLE
`USB 3 Hub Handles
`Production Chores
`Technology Editor Bill Wong takes
`a handson look at Acroname’s programmable USB 3 hub that
`is designed for production work....More
`
`BLOG
`JAN 3, 2017
`What’s Going to be Hot at
`CES 2017? 1
`What are the mustsees at this
`year’s Consumer Electronics Show? Here are some
`hints....More
`
`BLOG
`JAN 3, 2017
`A Look Back at 2016’s Top
`Stories 1
`Technology Editor Bill Wong takes
`look at some of the hot topics of 2016....More
`
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`DES Team
`A Twitter list by @MachineDesign
`These are our esteemed colleagues in the Design
`Engineering & Sourcing Group and Penton.
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`William Wong
`@AltEmbedded
`
`Piezo Disks Deliver Vertical Haptic Feedback
`bit.ly/2ikP00u via @ElectronicDesgn
`@tdkamerica
`
`
`
`1h
`
`William Wong
`@AltEmbedded
`
`Tiny Bluetooth Module Ideal for Wearable IoT
`Applications bit.ly/2ih1Slc via
`@ElectronicDesgn
`
`
`
`1h
`
`William Wong
`@AltEmbedded
`
`Car Technology Drives CES 2017 bit.ly/2ikImY4
`via @ElectronicDesgn @ford @nviida #savari
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`APPENDIX B
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`APPENDIX B
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`
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`Page 9 of31
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`Page 9 of 31
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`
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`1/11/2017
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`Site Archive | Electronic Design
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`APPENDIX C
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`Page 16 of 31
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`Page 16 of 31
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`1/11/2017
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`Sitemap January 2001 | Electronic Design
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`Electronic Design
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`12Bit Data Recorder Downloads Results To A PC
`
`SiliconInMotion, Part II: Rugged Packages And Mobile Entertainment Enhance The
`Transportation Experience
`
`Automotive Designs Accelerate Demand For Passive Components
`
`Fault Tolerant Networks Are Critical For DriveByWire Control In Cars
`
`SwitchFabric Architecture Targets NextGeneration Communications Platforms
`
`Designers Tame The Harsh Environment Of The Auto
`
`LIN And CAN Networks Will Expand Automotive Distributed Intelligence
`
`Silicon Wafers Used In Fixed Digital Memory
`
`SpeedToMarket Pressures Spur Move To Standardized Designs
`
`Results Of Nanotube Study Hold Promise For UltraSmall Circuits
`
`A Modest Proposal: A Hardware API
`
`Embedded Systems
`
`Inexpensive "Reflectometer" Locates An Open Circuit Along A Cable
`
`Microcontrollers, Sensors, Bus Networks, And RF Links To Invade Vehicles
`
`PIC Architecture To Get 16Bit Extension And DSP Capability
`
`Setting Goals That Don't Set Us Back
`
`LowCost ImageProcessing System Fits Multiple Applications
`
`http://electronicdesign.com/sitearchive/200101
`
`Understanding the AirPods'
`Rise
`
`Q&A: What’s New in the Wireless
`Audio Market?
`
`Interview with Jawad Haider, Marvell
`Semiconductor
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`Read Now
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`What's New
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`Electronic Design's Products of the
`Week
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`By Electronic Design Staff
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`Read Now
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`Sitemap January 2001 | Electronic Design
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`The Conflict That Is Open Source: Is It A Philosophy Or A Dogma?
`
`Computers, Peripherals At EJCC
`
`8B/10B Encoding
`
`New Memory Technology Utilizes Magnetic Charges
`
`OpenSource Libraries Ease Migration From VxWorks And pSOS To Linux
`
`Company Wire
`
`Targeting The Prosperous
`
`LowPower SolidState Airflow Detector
`
`There Is Simply No Substitute For Getting Engineers Into The Field
`
`Designers Expanding The Role Of ConsumerType Electronics In Cars
`
`Fusing Sensors
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`TDK Swears by Sensor Fusion in
`$1.3 Billion Deal for InvenSense
`
`By James Morra
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`Power Driver Generates 3Φ Control To Bridge Motors, DSPs
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`Greater Auto Processing Demands Impact ECUs, Memory, And Buses
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`Demand For Organic LEDs Expected To Ramp Up Quickly
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`Don't Touch That Dial
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`Digital Camera With BuiltIn Printer Looms On The Horizon
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`Microcontroller Families Integrate CAN And LIN Interfaces
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`New LowCost Laser Display Needs Work But Shows Promise
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`Direct Digital Amplification Improves Efficiency And Eliminates Heatsinks
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`Embedded Systems Will Make Cars More Aware Of Their Surroundings
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`MP3 Developers Win Prestigious German Award
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`New Auto Electronics Will Deliver More Functions, Performance
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`More Silicon Will Help Drivers Ring The Bells And Blow The Whistles...Safely
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`New Alternator Technology Boosts Power In Future Cars
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`Precision Pulse Generator Offers Complete Programmability
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`DSP Offers AnalogBased Audio Solution
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`Sensors To Transform Vehicles Into Electronic Cocoons
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`HEV Battery Research Rolls On
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`Welcome To The New Millennium—And A Shaky Start
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`Design '61: Computer Systems
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`Electronics Technology Will Create Safer And More Reliable Cars
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`Software And Hardware Standards Help, But InVehicle Network Growth Will Be
`Conservative
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`TripleMode Selective Sensor Improves Detection Of Hazardous Wastes
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`The Distraction Factor
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`Circuit Enables Precision Control In Radiant Heating Systems
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`What's All This Transimpedance Amplifier Stuff, Anyhow? (Part 1)
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`A Key Issue: Just When Do You Update Your Technology?
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`Wireless Systems Will Speed Data Flow And Lighten The Load
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`Software
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`Circuit Detects When A Shared Telephone Line Is In Use
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`Mobile Chip Set Boasts Integrated Graphics
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`Do You Possess The Necessary Elements To Successfully Invent?
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`It's High Time We Bring Back The Profession Of Engineering Writing
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`Query Software Searches The Internet Like A Database
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`From The Labs
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`Random Number Generator Has A Predefined Distribution
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`Fast Turnaround Times Drive Successful Sensor Manufacturers
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`When It Comes To Programming In C, It's Better To Be Safe Than Sorry
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`Upstream Amplifier Targets SetTop Boxes And Cable Applications
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`Construction And Classification Of HybridElectric Vehicles
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`SingleChip Modem Has Silicon DAA Driver
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`cPCI Chassis Offers Many Configurations
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`Filter Design Software Delivers Digital Signal Conditioning Solutions
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`Junction Boxes Flex Process Control
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`CAN MCUs Targets Automotive And Industrial Markets
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`APPENDIX D
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`APPENDIX D
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`Software And Hardware Standards Help, But InVehicle Network Growth Will Be Conservative | Embedded content from Electronic Design
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`Software And Hardware Standards Help, But InVehicle
`Network Growth Will Be Conservative
`CAN networks and OSEK/VDXcompatible operating systems will drive
`tomorrow's vehicles.
`William Wong | Electronic Design
`
`Jan 8, 2001
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`Vehicles will be home for some of the most diverse network and multiprocessing
`technology over the next five years. Standards will help improve acceptance and reduce
`costs, but the competitive nature of the industry limits the scope of hardware and
`software standards. Interchangeable computerrelated components will probably remain
`manufacturerspecific for some time, with the exception of consumerreplaceable
`multimedia and communication components.
`
`Leading the standardization charge for networks in automotive environments is the
`Controller Area Network (CAN) with OSEK/VDX (German for Offene Systeme und deren
`Schnittstellen für die Elektronik im Kraftfahrzeug/Vehicle Distributed eXecutive)
`providing a standard for realtime operating systems for the many embedded processors
`found in automotive networks. Both actually are well established standards, but their use
`is only in the beginning stages. They can be found on today's luxury cars and trucks,
`where computercontrolled and networked services are common.
`
`CAN isn't the only kind of network found in automobiles. At the low end, the Local
`Interconnect Network (LIN) is being employed. A variety of multimedia networks are
`undergoing evaluation too, including a modified version of the IEEE1394 standard to
`allow operation in a more hostile environment, the automobile.
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`HOME > TECHNOLOGIES > EMBEDDED > SOFTWARE AND HARDWARE STANDARDS HELP, BUT IN-VEHICLE NETWORK GROWTH WILL BE CONSERVATIVE
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`1/11/2017
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`Software And Hardware Standards Help, But InVehicle Network Growth Will Be Conservative | Embedded content from Electronic Design
`
`In addition, software standards are becoming important in vehicle software development
`because of the need for high reliability and efficient development. OSEK/VDX isn't the
`only software initiative. Motor Industry Software Reliability Association (MISRA) C and
`Embedded C++ are standards designed to improve overall application development. C
`and C++ are languages of choice, with the assembler still filling in for lowend
`microcontroller development. Some of these standards target the automotive industry, but
`all are applicable to embedded application development.
`
`All vehicles will eventually be extensively networked, making them more complex than
`any home and most office networks. The number of embedded networked processors also
`will be very high in vehicles. Dozens of processors will handle everything from car locks to
`braking control.
`
`Automotive networks and software are undergoing customization for their target
`environment, yet the employment of this technology is for more than vehicle command
`and control. Today, CAN networks appear in various applications, from robotics to
`medical equipment. CAN's flexibility, low cost, and standardization make it an ideal
`alternative to more expensive networks, such as Ethernet.
`
`Europe leads in the incorporation of standardsbased operating systems and network
`protocols in their luxury models with about a twoyear lead over American and Japanese
`models. This is due more to the momentum of existing technology than technical
`expertise.
`
`Many American automobiles are networked using the 41.6kbit/s J1850 standard.
`Unfortunately, J1850 has turned into three relatively unique implementations. J1850
`based component use is consistent within each automobile vendor's product line, but not
`between vendors.
`
`The American migration to CAN and the inclusion of other network technologies like LIN
`is expected to proceed in an incremental fashion with CAN, and sometimes LIN,
`replacing J1850.
`
`Automotive Networks
`Even today, automobile networks are hierarchical in nature with multiple segments.
`Partitioning is done for a variety of reasons, from network segment bandwidth
`considerations to reliability and firewall considerations.
`
`Automotive systems can operate independently if network or gateways fail. This lets
`vehicles continue operation in a degraded capacity when failures occur.
`
`Redundant networks aren't presently employed, but this may change over the next 10
`years as Xbywire comes into play. The term Xbywire covers network control of critical
`systems, like steering and braking. Airplanes have employed Xbywire for years, with
`redundant systems keeping planes flying at full capability even when some faults happen.
`This level of reliability is necessary before consumers will consider buying hightech
`automobiles.
`
`How might networks be distributed throughout an automobile? A typical automobile in
`2005 should have half a dozen different kinds of networks and three times that many
`network segments (Fig. 1). This is a remarkable level of complexity, but it's one that will be
`designed for low cost and high reliability. In general, automotive networks can be
`grouped by purpose, such as control, Xbywire, and multimedia.
`
`A Harbinger Of Things To Come
`The new Mercedes Benz C and S Class models offer a look at things to come. Mercedes
`Benz's invehicle CAN network supports features like Automatic Slip Control and
`Electronic Stability Program. These communicate with a number of different subsystems
`
`Fusing Sensors
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`Software And Hardware Standards Help, But InVehicle Network Growth Will Be Conservative | Embedded content from Electronic Design
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`including braking, the differentials, and the engine. A fiberoptic network is used for cell
`phone and audio features.
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`Mercedes Benz is moving toward Xbywire technology with its throttle boost and brake
`assist. The throttle boost augments the acceleration when the gas pedal is depressed. On
`the other hand, the brake assist increases the braking pressure based on the acceleration
`of the brake pedal. A quick depression of the brake pedal, to avoid an accident for
`instance, causes a power boost to the brakes. So, the car stops more quickly.
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`The J1850 standard with its various implementations is one of the most common
`automotive control networks in the U.S. It's shown in relationship to other networks like
`CAN and LIN in the table.
`
`CAN is a midrange protocol definition that can be utilized with many different physical
`layers. CAN and LIN products are available from companies such as NEC, Microchip,
`Motorola Semiconductor, Delphi Automotive, and Philips Semiconductors. Microchip's
`PIC18Cx58 CAN controller and PIC16C43x LIN controllers are examples of integrated
`transceivers and microcontrollers designed to lower costs.
`
`CAN, a CarrierSenseMultiple Access by Collision Detection using Arbitration
`(CSMA/CDA) protocol, can operate at speeds up to 1 Mbit/s when the network is less
`than 30 meters long. By reducing the speed to 10 kbits/s, the maximum distance grows to
`5000 meters. Regardless, CAN has a multimaster architecture with prioritized messages
`of 8 bytes or less, plus a 15bit cyclical redundancy check (CRC).
`
`Eventually, CAN will replace J1850, although a plethora of CANrelated specifications
`exist. For instance, the Society of Automotive Engineers' (SAE's) J2284 is a physical
`interface standard for highspeed CAN networks. SAE's 2411 is a singlewire CAN design
`presently implemented by General Motors. The tradeoffs with a singlewire approach are
`lower speed and a lower maximum segment length compared to a twowire approach.
`
`The ISO 11989 standard is a highspeed CAN definition while the ISO 11519 standard
`addresses lowspeed CAN implementations. In the U.S., designations of CAN A, B, and C
`are used for lowspeed (33.33 or 83.33 kbit/s), mediumspeed (250 kbit/s), and high
`speed, applications. Design