UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`HUAWEI DEVICE CO., LTD.,
`Petitioner
`v.
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`FUNDAMENTAL INNOVATION SYSTEMS INTERNATIONAL LLC,
`Patent Owner
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`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 7,834,586
`Case IPR No.: To Be Assigned
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`DECLARATION OF DR. JOHN LEVY.
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`
`
`TABLE OF CONTENTS
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`
`I.
`INTRODUCTION .......................................................................................... 1
`QUALIFICATIONS ....................................................................................... 2
`II.
`SCOPE OF OPINION .................................................................................... 6
`III.
`IV. MATERIALS REVIEWED AND CONSIDERED ....................................... 7
`V.
`LEVEL OF ORDINARY SKILL IN THE ART ............................................ 7
`VI. LEGAL PRINCIPLES OF VALIDITY ......................................................... 9
`VII. OVERVIEW OF U.S. PATENT NO. 7,834,586 (“’586 patent”) (Ex.
`1001) ............................................................................................................. 12
`Prosecution History ............................................................................ 15
`Priority Date ....................................................................................... 16
`Claim Construction............................................................................. 16
`VIII. OVERVIEW OF THE PRIOR ART REFERENCES .................................. 18
`Background and History of USB Technology ................................... 18
`USB 2.0 (Ex. 1007) ............................................................................ 20
`Use of SE1 State in Various Contexts ................................................ 26
`1.
`Shiga (Ex. 1009) ...................................................................... 26
`2.
`Zyskowski (Ex. 1012) .............................................................. 29
`3.
`Casebolt (Ex. 1013).................................................................. 29
`4.
`Cypress Semiconductor ........................................................... 30
`5.
`Kerai (Ex. 1015) ....................................................................... 31
`Theobald (Ex. 1006) ........................................................................... 32
`Dougherty (Ex. 1010) ......................................................................... 36
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`– i –
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`
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`
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`1.
`“charged battery scenario” ....................................................... 38
`“dead battery scenario” ............................................................ 39
`2.
`TIA/EIA-644 (Ex. 1025) .................................................................... 40
`IX. SPECIFIC GROUNDS OF CHALLENGE .................................................. 41
`A. Ground 1: Theobald, USB 2.0, and Shiga, in Combination,
`Renders Obvious Claims 1-3 and 8-13 .............................................. 41
`1.
`Application of the Combination of Theobald, USB 2.0,
`and Shiga to Claims 1-3 and 8-13 ............................................ 42
`The Theobald/USB 2.0/Shiga Combination ............................ 55
`2.
`Ground 2: Dougherty and Shiga, in Combination, Renders
`Obvious Claims 1-2, 8-9, and 11-12 .................................................. 63
`1.
`Application of the Combination of Dougherty and Shiga
`to Claims 1-2, 8-9, and 11-12 .................................................. 63
`The Dougherty/Shiga Combination ......................................... 72
`2.
`C. Ground 3: Dougherty, Shiga, and TIA/EIA-644 in
`Combination, Renders Obvious Claims 3, 10, and 13 ....................... 78
`1.
`The Combination of Dougherty, Shiga, and TIA/EIA-644
`and its Application to Claims 3, 10, and 13 ............................. 78
`CONCLUSION ............................................................................................. 83
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`B.
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`X.
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`– ii –
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`

`

`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`
`I.
`
`INTRODUCTION
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`1. My name is John Levy, and I have been retained by counsel for
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`Huawei Device Co., Ltd. (“Huawei” or “Petitioner”) as an expert witness in
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`support of Huawei’s petition for Inter Partes Review (“IPR”) and cancellation of
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`claims 1–3 and 8–13 of U.S. Patent No. 7,834,586 (“’586 patent”) (Ex. 1001),
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`which I understand has been assigned to Fundamental Innovation Systems
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`International LLC (“FISI” or “Patent Owner”).
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`2. My opinions are based on my years of education, research and
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`experience, as well as my investigation and study of relevant materials. The
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`materials that I studied for this declaration include all exhibits of the petition.
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`3.
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`I may rely upon these materials, my knowledge and experience,
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`and/or additional materials to rebut arguments raised by the patent owner. Further,
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`I may also consider additional documents and information in forming any
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`necessary opinions, including documents that may not yet have been provided to
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`me.
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`4. My analysis of the materials produced in this investigation is ongoing
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`and I will continue to review any new material as it is provided. This declaration
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`represents only those opinions I have formed to date. I reserve the right to revise,
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`– 1 –
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`

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`Declaration of Dr. John
`Levy
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`
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`supplement, and/or amend my opinions stated herein based on new information
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`and on my continuing analysis of the materials already provided.
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`5.
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`I am being compensated $575 per hour for my time spent working on
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`issues in this case. I have no financial interest in, or affiliation with, the Petitioner,
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`real parties-in-interest, or the Patent Owner. My compensation is not dependent
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`upon the outcome of, or my testimony in, the present IPR or any litigation
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`proceedings.
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`II. QUALIFICATIONS
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`6.
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`I am an expert in the field of computer systems and software,
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`including computer bus design. I have studied, taught, practiced, and researched
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`this field for over 40 years. I summarize in this section my educational
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`background, work experience, and other relevant qualifications. A true and
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`accurate copy of my curriculum vitae is attached as Ex. 1028.
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`7.
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`I have a Bachelor of Engineering Physics degree from Cornell
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`University, a Master of Science degree in Electrical Engineering from California
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`Institute of Technology (“Caltech”), and a Ph.D. in Computer Science from
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`Stanford University.
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`8.
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`From 1965 to 1966 at Caltech, my field of study was information
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`processing systems. My coursework included systems programming such as the
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`– 2 –
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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`construction of compilers and assemblers. From 1966 to 1972, during my graduate
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`study at Stanford, my field of study was computer architecture and operating
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`systems. My coursework included computer systems design, programming, and
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`operating systems. While I was a graduate student at Stanford, I worked in the
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`Stanford Linear Accelerator Center, where I was a programmer and participated in
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`the design and implementation of a real-time operating system for use in data
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`acquisition, storage, and display. My Ph.D. thesis research related to computer
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`systems organization and the programming of multi-processor computers. I
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`developed and measured the performance of several parallel programs on a
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`simulated 16-processor system with a shared memory bus. I also studied file
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`systems, disk and tape storage subsystems, and input/output.
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`9.
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`I have been an employee and a consultant for over thirty years in the
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`computer systems, software, and storage industry. After earning my doctorate in
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`Computer Science from Stanford University, I worked as an engineer for a number
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`of leading companies in the computer industry, including Digital Equipment
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`Corporation, Tandem Computer, Inc., Apple Computer, Inc., and Quantum
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`Corporation.
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`10. During my years working for Digital Equipment Corporation, I
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`worked on many different design-and-development projects. From 1972 to 1974, I
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`supervised the development of an input/output channel for high-speed mass storage
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`– 3 –
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`

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`Declaration of Dr. John
`Levy
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`(disk, drum, and tape) and its implementation on seven different peripheral units
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`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`and three different computer systems. From 1974 to 1975, I was a project engineer
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`leading the development of a new computer system. From 1975 to 1976, I
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`supervised an operating system development group; I routinely reviewed design
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`changes and bug reports and fixes for two operating systems. While working for
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`Digital Equipment Corporation, I wrote a long-term strategic plan for input/output
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`buses, controllers, and operating systems, including the conversion of most I/O
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`buses to serial implementations. I am the author of a chapter on computer bus
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`design in the book Computer Engineering, published by Digital Press in 1978.
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`11. From 1977 to 1979, I was employed at Tandem Computer, Inc., where
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`I worked on the design of future multiprocessor systems. I also worked to address
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`problems related to distributed (networked) systems, including rollback and
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`recovery of distributed databases.
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`12. From 1979 to 1982, I was employed by Apple Computer, Inc., where I
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`worked on the design of a new computer system called “Lisa,” which was a
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`precursor to the Macintosh. I also supervised hardware and software engineers in
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`the development of a new serial-bus local-area network technology.
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`13.
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`In 1980-81, I taught a course at San Francisco State University titled
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`“Input/Output Architecture” that dealt with the design of I/O channels (buses),
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`controllers, storage devices, and the associated software.
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`– 4 –
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`14. From 1982 to 1992, I consulted for a variety of client companies,
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`
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`including Apple Computer, Quantum Corporation, and Ricoh Co., Ltd. on project
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`management and product development. Consulting for Quantum included working
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`as a temporary supervisor of a firmware development team for a new hard disk
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`drive. During this time, I co-authored a paper—cited in my attached CV—on the
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`design of a file system for write-once optical disk drives.
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`15. From 1993 to 1998, I was employed by Quantum Corporation, a
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`manufacturer of hard-disk drives, where I formed and managed a new group called
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`Systems Engineering. While in this role, my responsibilities included managing
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`software and systems engineers who developed input/output drivers for hard disks
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`in personal computers, as well as disk performance analysis and simulation
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`software. I also led the definition and implementation efforts for speed
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`improvements to the ATA disk interface (bus) standard (called Ultra-ATA/33 and
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`Ultra-ATA/66), which subsequently led to improvements in the SCSI interface
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`(bus) standard. I was also involved in the design of file systems for hard disks, data
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`compression schemes for disk data, and Ethernet-connected disk drives. In
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`addition, I served as Quantum’s representative to the Audio/Video Working Group
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`of the 1394 (FireWire) Trade Association, a Consumer Electronics industry
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`standards group, and I participated in Quantum’s efforts to design disks that could
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`– 5 –
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`

`

`Declaration of Dr. John
`Levy
`
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`
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`record and play video and audio streams without requiring an intervening computer
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`system.
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`16.
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`I regularly teach courses such as “Computers – the Inside Story” and
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`“The Digital Revolution in the Home” at the Fromm Institute for Lifelong
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`Learning at the University of San Francisco.
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`17.
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`I am a named inventor on seven United States patents, including
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`several related to input/output buses and storage subsystems. I have been disclosed
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`as an expert in over 60 cases and have testified at trial and in depositions. I also
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`have served as a technical advisor to two United States District Court Judges.
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`III. SCOPE OF OPINION
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`18.
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`I have been asked to provide my opinions regarding whether:
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`• Claims 1-3 and 8-13 of the ’586 Patent would have been obvious to one of
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`ordinary skill in the art at the time of the alleged invention in view of U.S.
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`Patent No. 5,859,522 (“Theobald”) (Ex. 1006) in view of Universal Serial Bus
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`Specification, Revision 2.0, April 27, 2000 (“USB 2.0”) (Ex. 1007), in further
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`view of U.S. Patent No. 6,625,738 (“Shiga”) (Ex. 1009) (Ground I);
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`• Claims 1-2, 8-9, 11-12 of the ’586 Patent would have been obvious over U.S.
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`Patent No. 7,360,004 (“Dougherty”) (Ex. 1010), in view of Shiga (Ground II);
`
`– 6 –
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`
`• Claims 3, 10, 13 of the ’586 Patent would have been obvious over Dougherty,
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`in view of Shiga, in further view of TIA/EIA-644 Electrical Characteristics of
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`Low Voltage Differential Signaling (LVDS) Interface Circuits (Ex. 1025)
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`(Ground III).
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`19. This declaration, including the exhibits hereto, sets forth my opinion
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`on this topic.
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`IV. MATERIALS REVIEWED AND CONSIDERED
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`20. The materials I considered and relied upon in preparing my
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`declaration and forming my opinion include all exhibits to the Petition, including
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`the ’586 patent, the ’586 file history, and all of the relevant prior art. This includes
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`Exhibits 1001 to 1004, 1006-1027 to the Petition.
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`21.
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`I also have relied on my academic and professional experience in
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`reaching the opinions expressed in this declaration.
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`V. LEVEL OF ORDINARY SKILL IN THE ART
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`22.
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`In rendering the opinions set forth in this declaration, I was asked to
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`consider the patent claims and the prior art through the eyes of a person of ordinary
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`skill in the art (“POSITA”). The “art” is the field of technology to which a patent
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`is related. I understand that the purpose of using the viewpoint of a POSITA is for
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`objectivity.
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`– 7 –
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`23.
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`I considered factors such as the educational level and years of
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`
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`experience of those working in the pertinent art; the types of problems encountered
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`in the art; the teachings of the prior art; patents and publications of other persons or
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`companies; and the sophistication of the technology. I understand that a POSITA is
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`not a specific real individual, but rather a hypothetical individual having the
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`qualities reflected by the factors discussed above.
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`24. Taking these factors into consideration, it is my opinion that a
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`POSITA as of the time of the ’586 patent would have had either (i) a bachelor’s
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`degree in electrical engineering, computer science, or a related field, plus 2-4 years
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`of experience in design of systems with Universal Serial Bus (“USB”) or
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`equivalent buses, or (ii) a master’s degree in electrical engineering, computer
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`science, or a related field, plus 1-2 years of experience in design of systems with
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`USB or equivalent buses at the time of the ’586 patent’s priority date. Individuals
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`with additional education or additional industrial experience could still be of
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`ordinary skill in the art if that additional aspect compensates for a deficit in one of
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`the other aspects of the requirements stated above. I have been a POSITA since at
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`least the ’586 patent’s claimed priority date.
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`– 8 –
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`

`

`Declaration of Dr. John
`Levy
`
`
`
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`VI. LEGAL PRINCIPLES OF VALIDITY
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`25. Several legal standards have been explained to me that I should
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`consider as part of my validity analysis.
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`26.
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`I understand that Petitioner bears the burden of proving grounds of
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`invalidity by a preponderance of the evidence. I understand that a “preponderance”
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`means “more likely than not.” I understand that general and conclusory assertions,
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`without underlying factual evidence, may not support a conclusion that something
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`is “more likely than not.”
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`27. Rather, the preponderance of the evidence standard requires that a
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`reasonable finder of fact be convinced that the existence of a specific material fact
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`is more probable than the non-existence of that fact. The preponderance of the
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`evidence standard does not support speculation regarding specific facts, and is
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`instead focused on whether the evidence more likely than not demonstrates the
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`existence or non-existence of specific material facts. For Huawei’s Petition, I
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`understand that Huawei has argued that the claims at issue are obvious in view of
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`certain prior art references.
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`28.
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`I have been informed that a reference may qualify as prior art as to the
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`patents-in-suit if it was known or used by others in this country, or patented or
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`described in a printed publication in this or a foreign country, before the invention
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`by the patent holder.
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`– 9 –
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`

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`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`29.
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`I have also been informed that a reference may qualify as prior art to
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`
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`the patents-in-suit if the invention was patented or described in a printed
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`publication in this or a foreign country or in public use or on sale in this country,
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`more than one year before the effective filing date.
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`30. For a printed publication to qualify as prior art, I understand that the
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`Petitioner must demonstrate that the publication was disseminated or otherwise
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`sufficiently accessible to the public.
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`31.
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`It is my understanding that there are two ways in which prior art may
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`render a patent claim unpatentable. First, the prior art can be shown to “anticipate”
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`the claim. Second, the prior art can be shown to have made the claim “obvious” to
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`a POSITA.
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`32.
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`It is my understanding that a patent claim is unpatentable as being
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`obvious in view of prior art if the differences between the subject matter sought to
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`be patented and the prior art are such that the subject matter as a whole would have
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`been obvious to a POSITA to which said subject matter pertains at the time the
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`alleged invention was made. I further understand that an obviousness analysis
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`takes into consideration factual inquiries such as the level of ordinary skill in the
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`art, the scope and content of the prior art, and the differences between the prior art
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`and the patent claim.
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`– 10 –
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`

`

`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`33.
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`I understand that the U.S. Supreme Court has recognized several
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`
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`rationales for combining references and for modifying a reference as part of an
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`obviousness analysis. These rationales include combining prior art elements
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`according to known methods to yield predictable results, simple substitution of a
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`known element for another to obtain predictable results, a predictable use of prior
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`art elements in accordance with their established functions, applying a known
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`technique to improve a known device (or process) and yield predictable results,
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`and choosing from a finite number of known predictable solutions with a
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`reasonable expectation of success. It is further my understanding that an
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`obviousness analysis takes into consideration whether the prior art provides a
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`teaching, suggestion, or motivation to combine teachings of multiple prior art
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`references to arrive at the patent claim. I also understand that it may be appropriate
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`to consider whether there is evidence of a “teaching, suggestion, or motivation” to
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`combine the prior art teachings in the prior art, the nature of the problem or the
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`knowledge of a person having ordinary skill in the art. I further understand that
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`techniques available in one field of endeavor, design incentives, and other market
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`forces can prompt a POSITA to make variations in the same field or other fields.
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`34.
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`I have also been informed that the claimed invention must be
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`considered as a whole in analyzing obviousness or nonobviousness. In determining
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`the differences between the prior art and the claims, the question under the
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`– 11 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`
`obviousness inquiry is not whether the differences themselves would have been
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`obvious, but whether the claimed invention as a whole would have been obvious.
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`35.
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`I further understand that certain objective indicia can be important
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`evidence regarding whether a patent is obvious or nonobvious, including the
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`existence of a long-felt but unsolved need, unexpected results, commercial success,
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`copying, and industry acceptance or praise. Evidence of such objective indicia
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`must be considered when present.
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`VII. OVERVIEW OF U.S. PATENT NO. 7,834,586 (“’586 patent”) (Ex.
`1001)
`36. The ’586 patent is entitled “Multifunctional Charger System and
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`Method” and claims priority to provisional applications filed in March and
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`October 2001. All of its independent claims recite in the preamble a “mobile
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`device configurable for use in a wireless telecommunications network.” The
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`patent describes “a powering system for a mobile device having a USB connector.”
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`’586 patent (Ex. 1001), 2:66-67. The powering system “is operable to receive
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`energy through the USB connector and to distribute the energy to at least one
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`component in the mobile device.” Id., 3:1-4. The energy is received “via the Vbus
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`and Gnd pins of the primary USB connector 102,” id., 7:33-35, and the energy can
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`be used “to provide power to the mobile device 10, charge the battery 60, or both,”
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`id., 7:62-63.
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`– 12 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`37. The ’586 patent claims that “[a]lthough the USB interface can be used
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`
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`as a power interface, the USB is typically not used for that purpose by mobile
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`devices.” Id., 1:56-58. According to the patent, “most mobile devices provide a
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`distinct power interface for receiving power from a power source, for instance to
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`recharge a battery, and a separate data interface for communicating.” Id., 1:42-45
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`(emphasis added). As implicitly conceded by the ’586 patent, the prior art
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`discloses mobile devices equipped with combined power/data interfaces. For
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`example, U.S. Patent No. 5,859,522 to Theobald (Ex. 1006) discloses a mobile
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`phone that uses an industry-standard J3 port to connect to a battery charger or a
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`hands-free adapter. Theobald (Ex. 1006), 7:14-30. Theobald issued from an
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`application filed in 1997. Furthermore, U.S. Patent No. 7,360,004 to Dougherty
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`(Ex. 1010) discloses a portable laptop that charges its battery using power supplied
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`“across the USB interface.” Dougherty (Ex. 1010), 7:15-20. Dougherty issued
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`from an application that was a continuation of an application filed in 2000.
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`38. The ’586 patent also discloses a mobile device that can draw power
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`over its connector “without regard to the USB specification,” which ordinarily
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`“limits the electrical current that can flow across the USB.” ’586 patent (Ex.
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`1001), 8:3-14. The mobile device recognizes an “identification signal” transmitted
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`by a power source to which the mobile device is connected. Id., 8:64. The mobile
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`device uses this signal to identify the power source as one that is “not subject to the
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`– 13 –
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`

`

`Declaration of Dr. John
`Levy
`
`
`
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`power limits imposed by the USB specification.” Id., 8:62-67. The USB 2.0
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
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`Specification, which was published in 2000, specifies that a device may consume
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`“up to five unit loads,” where a unit load is 100 mA. USB 2.0 (Ex. 1007), 171,
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`178, 245 (citations to USB 2.0 refer to native numbers, not stamped numbers).
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`Thus, as of 2001, a POSITA would understand that USB 2.0 imposed a current
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`draw limit of 500 mA.
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`39. Finally, both claims 1 and 8 of the ’586 patent recite that the mobile
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`device detects an identification signal over the USB data lines, “the identification
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`signal being different than USB enumeration.” As explained below,
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`“enumeration” is a handshaking process specified in the USB standard that
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`ordinarily takes place upon the connection of a USB host device to a USB
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`peripheral.
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`40. Although not discussed in the ’586 patent, both Theobald and
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`Dougherty disclose mobile devices that draw current in excess of 500 mA to
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`charge their batteries over an industry-standard connection. Theobald (Ex. 1006),
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`4:29-33 (“850 mA”); Dougherty (Ex. 1010), 7:49 (“2.5 amps”). Furthermore, both
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`references disclose mobile devices that use signals to identify connected sources of
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`power. Theobald (Ex. 1006), 6:25-28; Dougherty (Ex. 1010), 5:53-6:52.
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`Dougherty discloses a signaling mechanism between a laptop and USB docking
`
`station that is not an enumeration signal. Dougherty (Ex. 1010), 7:2-7:19; 8:36-45.
`
`– 14 –
`
`

`

`
`
`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`41. The ’586 patent has 13 claims. Claim 1 is provided below:
`
`1. A mobile device, the mobile device configurable for use in a
`wireless telecommunications network, comprising:
`a Universal Serial Bus (“USB”) interface configured to allow
`reception of a USB cable;
`the charging subsystem operably
`a charging subsystem,
`connected to the USB interface V-bus power line;
`the charging subsystem operably connectable to a battery, and
`configured to charge a battery if a battery is operably connected;
`the charging system further configured to use power from the V-
`bus power line for the charging of a battery; and,
`where the mobile device is configured to detect an identification
`signal at a D+ and a D− data line of the USB interface, the
`identification signal being different than USB enumeration.
`
`Prosecution History
`
`42. The ’586 patent issued on November 16, 2010 from U.S. Patent
`
`Application No. 12/714,204 (“the ’204 application”), filed on February 26, 2010.
`
`In the office action dated August 5, 2010, the Examiner rejected claims 1-13 on the
`
`ground of nonstatutory obviousness-type double patenting as being unpatentable
`
`over the claims of U.S. patent no. 7,737,657. ’586 file history (Ex. 1002), 41-45.
`
`The applicants in the response dated August 20, 2010 filed a terminal disclaimer
`
`with respect to U.S. patent no. 7,737,657. Id., 27-35. This terminal disclaimer was
`
`approved on August 27, 2010. Id., 26. Notices of Allowances and Allowability
`
`– 15 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`
`issued on September 7, 2010. Id., 16-19. There were no examiner’s Reasons for
`
`Allowance. The patent application issued as U.S. patent no. 7,834,586 on
`
`November 16, 2010.
`
`Priority Date
`
`43. The ’586 patent claims priority through a series of continuations to
`
`two provisional applications: (1) the ’021 provisional (Ex. 1003), filed March 1,
`
`2001; and (2) the ’486 provisional (Ex. 1004), filed October 23, 2001. Thus, I
`
`understand that the earliest potential priority date is March 1, 2001.
`
` Claim Construction
`I understand that the terms of the ’586 Patent are to be given their
`44.
`
`broadest reasonable interpretation as understood by a POSITA at the time of the
`
`invention in view of the specification.
`
`45.
`
`I have been asked to apply the interpretation of “USB enumeration”
`
`(which is recited in claims 1 and 8 of the ’586 patent) as “the bus-enumeration
`
`procedure specified in the USB 2.0 specification or an earlier USB specification,”
`
`since the USB 2.0 specification and earlier USB specifications were the only
`
`existing USB specifications at the time of the alleged invention.
`
`46.
`
`Indeed, this is consistent with the disclosures in the ’586 patent. The
`
`“USB” modifier in the term “USB enumeration” indicates that the term refers to an
`
`enumeration procedure specified in a USB specification. The ’586 patent
`
`– 16 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`
`repeatedly refers to enumeration as a procedure specified in a then-existing USB
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`specification (i.e., USB 2.0 or earlier). For example, the ’586 patent states that
`
`“[i]n accordance with the USB specification, typical USB power source devices,
`
`such as hubs and hosts, require that a USB device participate in a host-initiated
`
`process called enumeration in order to be compliant with the current USB
`
`specification in drawing power from the USB interface.” ’586 patent (Ex. 1001),
`
`1:57-62 (emphasis added). As another example, the ’586 patent states that
`
`“[t]ypically when a mobile device 10 receives power over the USB from a USB
`
`host, it is required to draw power in accordance with the USB specification. The
`
`USB specification specifies a process for transferring energy across the USB called
`
`enumeration and limits the electrical current that can flow across the USB.” Id.,
`
`8:3-8 (emphasis added). From these disclosures, a POSITA would have
`
`understood that, in the context of the ’586 patent, the term “enumeration” is
`
`referring to a specific bus-enumeration procedure specified in the USB 2.0
`
`specification or an earlier USB specification.
`
`47.
`
`I have also been asked to apply the interpretation of “a mobile device,
`
`the mobile device configurable for use in a wireless telecommunications network”
`
`(recited in the preambles of all of the independent claims of the ’586 patent), and
`
`“[a] method for charging a battery” (recited in the preamble of independent method
`
`claims 8 and 11 of the ’586 patent) as non-limiting.
`
`– 17 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`
`VIII. OVERVIEW OF THE PRIOR ART REFERENCES
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`48. As I show below, all of the elements of the challenged claims were
`
`already well-known in the prior art before the priority date of the ’586 patent.
`
`Therefore I conclude that there is nothing novel or non-obvious about the alleged
`
`invention of the ’586 patent’s claims.
`
` Background and History of USB Technology
`49. Universal Serial Bus (“USB”) is an industry standard interface bus.
`
`As stated, for example, in the Introduction section of the USB 2.0 Specification,
`
`“This document defines an industry-standard USB. The specification
`
`describes the bus attributes, the protocol definition, types of transactions, bus
`
`management, and the programming interface required to design and build
`
`systems and peripherals that are compliant with this standard.
`
`The goal is to enable such devices from different vendors to interoperate in
`
`an open architecture.” USB 2.0 (Ex. 1007), 1 (citations to USB 2.0 refer to
`
`native numbers, not stamped numbers).
`
`50. As of March 1, 2001, a POSITA would have been familiar with USB
`
`Implementers Forum, Inc. (“USB-IF”), which consists of representatives of
`
`industry leading companies that have been and continue to be responsible for the
`
`development, adoption, and advancement of USB technology since 1995.
`
`Similarly, a POSITA would have had access to and been familiar with the USB
`
`– 18 –
`
`

`

`Declaration of Dr. John
`Levy
`
`
`
`
`Specification (which describes technical details to enable design of USB
`
`Petition for Inter Partes Review of U.S.
`Patent No. 7,834,586
`
`compatible products) in its various revisions, including Revision 1.1 (“USB 1.1”)
`
`(Ex. 1011), which was first released on September 23, 1998, and Revision 2.0
`
`(“USB 2.0”) (Ex. 1007), which was released on April 27, 2000.
`
`51. USB 1.1 was first released on September 23, 1998, and was widely
`
`adopted by industry leaders and consumers. USB 2.0 was subsequently released
`
`on April 27, 2000, and has been publicly available since then to POSITAs in the
`
`USB technology field (at the USB website, and at many other websites, of
`
`universities, companies, and industry analysts and participants), and provided