`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UBER TECHNOLOGIES, INC. AND
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`CHOICE HOTELS INTERNATIONAL, INC.,
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`Petitioners
`
`
`v.
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`FALL LINE PATENTS, LLC,
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`Patent Owner
`
`____________________
`
`Patent No. 9,454,748
`____________________
`
`
`DECLARATION OF KENDYL A. ROMÁN
`IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT 9,454,748
`
`
`Petitioners – Exhibit 1005, p. 1
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`
`
`
`
`
`Table of Contents
`
`I.
`
`Introduction .............................................................................................................................. 5
`A. Engagement ......................................................................................................................... 5
`B. Background and Qualifications ........................................................................................... 7
`(i) Relevant Technical Experience ....................................................................................... 8
`(ii) Patent Experience ......................................................................................................... 17
`(iii) Technical Expert ......................................................................................................... 18
`(iv) Testifying Engagements .............................................................................................. 19
`C. Compensation .................................................................................................................... 23
`D.
`Information Considered .................................................................................................... 23
`II. Legal Standards Related to Patentability .............................................................................. 24
`A. My Understanding of Claim Construction ........................................................................ 24
`B. My Understanding of Anticipation/Novelty ..................................................................... 25
`C. My Understanding of Obviousness ................................................................................... 26
`III. The ’748 Patent .................................................................................................................... 33
`A. Background of subject matter related to the subject matter disclosed in the ’748
`specification .............................................................................................................................. 33
`(i) Computer Hardware, Software, and Firmware ............................................................. 33
`(ii) Graphic Images and Graphical User Interfaces ........................................................... 34
`(iii) Computer-Based Questionnaires ................................................................................ 35
`(iv) Tokens and Tokenizing ............................................................................................... 36
`(v) Global Positioning System (GPS) and Location Identification ................................... 37
`B. Summary of the Alleged Invention of the ’748 Patent ...................................................... 37
`C.
`’748 Prosecution History ................................................................................................... 39
`D. Effective Filing Date of the Challenged Claims ............................................................... 41
`IV. LEVEL OF ORDINARY SKILL IN THE ART ................................................................. 41
`V. CLAIM CONSTRUCTION .................................................................................................. 42
`A. “GPS integral thereto” ...................................................................................................... 43
`B. “token” .............................................................................................................................. 44
`C. “questionnaire” .................................................................................................................. 46
`D. “originating computer” / “recipient computer” / “central computer” ............................... 47
`VI. Prior Art References ............................................................................................................ 48
`A. Barbosa .............................................................................................................................. 48
`B. Hancock ............................................................................................................................. 49
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`
`
`Petitioners – Exhibit 1005, p. 2
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`
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`C. Bandera .............................................................................................................................. 50
`VII. Patentability Analysis of the Challenged Claims of the ’748 Patent ................................. 50
`A. Comparison of Barbosa in View of the Knowledge of a Person of Ordinary Skill in the
`Art to Claims 1, 9, 11, 13, and 15-22 ........................................................................................ 51
`(i) Claim 19 ........................................................................................................................ 51
`(ii) Claim 20 ....................................................................................................................... 65
`(iii)
`Independent Claim 21 ................................................................................................. 65
`(iv) Claim 22 ...................................................................................................................... 70
`(v)
`Independent Claim 1 .................................................................................................... 71
`(vi)
`Independent Claim 9 ................................................................................................... 73
`(vii) Claim 11 ..................................................................................................................... 76
`(viii) Claim 13 .................................................................................................................... 76
`(ix) Claim 15 ...................................................................................................................... 77
`(x)
`Independent Claim 16 .................................................................................................. 77
`(xi) Claim 17 ...................................................................................................................... 79
`(xii) Claim 18 ..................................................................................................................... 80
`B. Comparison of Barbosa In View of Bandera to Claims 1, 9, 11, 13, and 15-22 ............... 80
`(i) A Person of Ordinary Skill Would Have Considered Barbosa In Conjunction With
`Bandera ................................................................................................................................. 80
`(ii) Claims 1, 9, 11, 13, and 15-22 ..................................................................................... 81
`C. Comparison of Hancock in View of the Knowledge of a Person of Ordinary Skill in the
`Art to Claims 1, 2, 5, 9, 11, 13, and 15-22 ................................................................................ 82
`(i)
`Independent Claim 19 ................................................................................................... 82
`(ii) Claim 20 ....................................................................................................................... 95
`(iii)
`Independent Claim 21 ................................................................................................. 95
`(iv) Claim 22 .................................................................................................................... 105
`(v)
`Independent Claim 1 .................................................................................................. 105
`(vi) Claim 2 ...................................................................................................................... 109
`(vii) Claim 5 ..................................................................................................................... 110
`(viii)
`Independent Claim 9 ............................................................................................... 110
`(ix) Claim 11 .................................................................................................................... 113
`(x) Claim 13 ..................................................................................................................... 113
`(xi) Claim 15 .................................................................................................................... 113
`(xii)
`Independent Claim 16 .............................................................................................. 114
`(xiii) Claim 17 .................................................................................................................. 116
`
`Petitioners – Exhibit 1005, p. 3
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`
`
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`(xiv) Claim 18 .................................................................................................................. 116
`D. Comparison of Hancock In View of Bandera to Claims 1, 2, 5, 9, 11, 13, and 15-22 ... 116
`(i) A Person of Ordinary Skill Would Have Considered Bandera In Conjunction With
`Hancock .............................................................................................................................. 117
`(ii) Claims 1, 2, 5, 9, 11, 13, and 15-22 ........................................................................... 118
`VIII. Conclusion ...................................................................................................................... 119
`IX. Appendix A: Materials considered by Kendyl Román ..................................................... 121
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`Petitioners – Exhibit 1005, p. 4
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`
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`I, Kendyl A. Román, declare as follows:
`
`I.
`
`INTRODUCTION
`
`A. Engagement
`
`1.
`
`I have been engaged by counsel for Petitioners Uber
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`Technologies, Inc. and Choice Hotels International, Inc. as an expert witness for
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`the above-captioned inter partes review (IPR) proceeding. I have been asked to
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`provide my opinions about the state of the art of the technology described in
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`United States Patent No. 9,454,748, entitled “System and method for data
`
`management,” by J. David Payne, filed October 22, 2010, and issued September
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`22, 2016 (the “’748 Patent”). I also have been asked to provide my opinions on the
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`patentability of claims 1, 2, 5, 9, 11, 13, and 15-22 (the “Challenged Claims”) of
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`the ’748 Patent. The following is my written report on these topics. I understand
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`that the ’748 Patent has been provided as Ex. 1001.
`
`2.
`
`I understand that the ’748 Patent has been provided as Ex.
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`1001. I understand that the ’748 Patent claims priority to provisional application
`
`No. 60/404,491, filed August 19, 2002. For the purposes of this review, I assume
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`the earliest possible priority date of the ’748 Patent is the August 19, 2002 filing
`
`date to which the ’748 Patent claims priority. I understand that the ’748 Patent is
`
`currently assigned to Fall Line Patents, LLC. (“P.O.” or “Fall Line”).
`
`Petitioners – Exhibit 1005, p. 5
`
`
`
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`3.
`
`I have reviewed and am familiar with the specification of the
`
`’748 Patent. I will cite to the specification using the following format (’748 Patent,
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`1:1-10). This example citation points to the ’748 Patent specification at column 1,
`
`lines 1-10.
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`4.
`
`I have reviewed and am familiar with the file history of the
`
`’748 Patent. I understand that excerpts of the file history has been provided as Ex.
`
`1007.
`
`5.
`
`I have also reviewed and am familiar with the following prior
`
`art used in the Petition for Inter Partes Review of the ’748 Patent:
`
`• U.S. Patent No. 6,961,586 to Frank A. Barbosa et al. (“Barbosa”),
`
`Exhibit 1002.
`
`• U.S. Patent No. 6,202,023 to S. Lee Hancock et al. (“Hancock”),
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`Exhibit 1003.
`
`• U.S. Patent No. 6,332,127 to Bandera et al. (“Bandera”), Exhibit
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`1004.
`
`• U.S. Patent No. 6,381,535 to Durocher (“Durocher”), Exhibit 1014.
`
`• International Patent Application Publication No. WO 00/49530 to
`
`Parasnis (“Parasnis”), Exhibit 1015.
`
`Petitioners – Exhibit 1005, p. 6
`
`
`
`
`A complete listing of additional materials considered and relied upon in
`
`preparation of my declaration is provided as Ex. A. I have relied on these
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`materials to varying degrees. Citations to these materials that appear below are
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`meant to be exemplary but not exhaustive.
`
`6.
`
`The ’748 Patent describes a system and method for data
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`management, in particular data collected from a remote computing device. (’748
`
`Patent, Title, Abstract.) I am familiar with the subject matter described in the ’748
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`Patent as of the earliest possible priority date of the ’748 Patent (August 19, 2002).
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`7.
`
`I have been asked to provide my technical review, analysis,
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`insights and opinions regarding the ’748 Patent and the above-noted references that
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`form the basis for the grounds of unpatentability set forth in the petition for Inter
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`Partes Review of the ’748 Patent.
`
`B.
`
`Background and Qualifications
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`8. My Curriculum Vitae is submitted herewith as Ex. 1006, which
`
`provides a listing of my qualifications. This includes a list of publications for the
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`past 10 years or more.
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`9. My expertise qualifies me to do the type of analysis required in
`
`this case. Of particular relevance, I have been involved in the design,
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`implementation, testing, and analysis of computer software, firmware, and
`Petitioners – Exhibit 1005, p. 7
`
`
`
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`hardware for over thirty five years, including software and hardware architecture,
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`user interfaces, handheld devices, GPS systems, Internet based questionnaires, and
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`other networked, data-driven, client-server systems. My work has included
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`analysis of handheld devices and Internet questionnaire including source code and
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`user interfaces. In addition, I have practical experience in the design and
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`programming of a variety of computer systems ranging from handheld devices, to
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`laptops and desktop computers, to large multi-layer networked database systems.
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`(i) Relevant Technical Experience
`
`10. As a freshman at Brigham Young University (“BYU”) in 1976,
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`I started writing programs for IBM computers.
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`11.
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`In 1980, I worked with Apple II computers and wrote computer
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`programs having graphic user interfaces.
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`12.
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`In the late 1960’s and 1970’s the University of Utah was known
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`for its pioneering work in computer graphics and the Internet1. At BYU, I got
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`involved with computer graphics and wrote graphics programs. Many of my BYU
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`professors had been at the University of Utah during its computer science
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`pioneering years. One of my BYU professors, Alan Ashton, and a fellow computer
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`science student, Bruce Bastian, worked together on word processing software with
`
`
`1 In 1969, University of Utah was one of the first four nodes on the Internet.
`Petitioners – Exhibit 1005, p. 8
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`
`
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`graphical display. Later, Professor Ashton and Bruce Bastian founded
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`WordPerfect.
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`13.
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`I graduated with High Honors from Brigham Young University
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`where I received a Bachelor of Science degree in Computer Science. My formal
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`studies included computer architecture, computer programming, programming
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`languages, algorithms, operating systems, database systems, and digital logic
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`design.
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`14.
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`In 1981, I worked at International Business Machines (“IBM”)
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`in San Jose, CA. At IBM, I had a graphics display on my desk and wrote programs
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`that displayed custom graphics. During my employment at IBM, the IBM PC was
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`released. The IBM PC also supported graphical user interfaces.
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`15.
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`In 1982, at Dialogic, I improved the performance of the
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`Computer Aided Design (“CAD”) software.2 The CAD software used a graphical
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`user interface.
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`2 The software, the Lucas Drawing System, had been developed by Lucas Films to
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`aid in the production of Star Wars.
`
`Petitioners – Exhibit 1005, p. 9
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`
`
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`16.
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`In this timeframe, I had experience with Tandy computers,
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`including the TRS-80, and with Commodore VIC 20 computers, which supported
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`graphical user interfaces.
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`17.
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`In 1984, I starting writing programs for the Apple Lisa and
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`Macintosh, which had a sophisticated graphical user interface built into the
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`firmware and operating system.
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`18.
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`I developed a Macintosh program that drew graphical icons (or
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`polygons) on the display.3
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`19. Next in 1986, I started consulting at Hewlett Packard (“HP”)
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`where I became familiar with standard printer description languages and graphic
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`command languages. During this time I used X-Windows.
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`20. Later, in 1988 through 1990, at Tandem (later Compaq, now
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`HP), I worked with CAD systems and hardware simulators, which used graphical
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`3 An article regarding the software was published in MacWorld Magazine around
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`February 1987. A review was published in 1990 by the Boston Computer Society,
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`which also showed various features of the user interface. See
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`http://www.wolfpup.org/misc/MacBaby_Math_review.pdf.
`
`Petitioners – Exhibit 1005, p. 10
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`
`
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`user interfaces and included pop-up windows that provided textual representations
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`of values related to graphical displays.
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`21.
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`In 1990, I authored portions of the Macintosh Programming
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`Fundamentals: Self-paced Training course interactive CD-ROM and lab book.
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`22.
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`I returned to HP in 1991 where I worked with diagnostic tools,
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`including exercises and verifiers. During this period, I was involved in testing
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`various graphics adapters and display devices throughout the HP product line. I
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`worked with an X-Windows based diagnostic tool that displayed an icon for every
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`component of the system. The number, type, and locations of the icons were based
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`on the components actually found in the system. The icons were dynamically
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`changed to represent the status of the testing.
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`23.
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`In 1991 and 1992, at Slate and Apple, I worked with the pen
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`based tablets and handheld computers, including the NCR tablet and Newton PDA.
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`24.
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`In 1993 and 1994, I taught classes for Mentor Graphics to
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`hardware designers regarding hardware simulation and design verification
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`software. Mentor Graphics’ CAD system had the features discussed above
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`regarding CAD software. In addition, I taught users how to customize CAD
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`software to perform complex custom operations based on a single action with a
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`user input device.
`
`Petitioners – Exhibit 1005, p. 11
`
`
`
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`25.
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`In 1993 and 1994, at Apple I worked with the Apple Media
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`Tool team and the SK8 team, which included working with state of the art graphic
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`display systems.
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`26.
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`In the early 1990s, before the World Wide Web became
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`commercialized, multimedia technology was becoming state of the art. During this
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`time, interactive CD-ROMs, early commercial Internet sites, high-resolution color
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`animation, and digital video were state of the art technologies. While at The Carl
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`Group, I formed the Multimedia Lab. Projects included porting a program to
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`automate layout of ball grid assemblies (BGA), updating automatic test equipment
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`software to use state of the art graphical user interfaces, developing graphic
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`animations, developing multimedia authoring tools, and various interactive CD-
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`ROM titles. My work with multimedia authoring tools included developing low-
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`level graphics software for both the Macintosh and IBM PC platforms.
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`27. We sold our multimedia authoring tools to the public and I
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`developed an interactive user interface, which allowed users to enter and confirm
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`information including prices and quantities, which resulted in an order being sent
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`to our server. Part of the data collected from remote users were their location.
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`28. Also in the mid-1990s, we developed a database driven, on-
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`demand catalog publish system for Sun, which allowed users to configure and
`
`Petitioners – Exhibit 1005, p. 12
`
`
`
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`order products via a graphical user interface. At Sun, I used workstations using
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`Open Look, which was a graphical user interface based on pioneering work at
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`Xerox PARC, and which was competitive with X-Windows which was being used
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`by Hewlett Packard.
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`29. During this time period, we developed a data driven
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`questionnaire system for Sun regarding Java. The system would present a question
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`to a remote user and collect an answer. Then based on the answer given, a
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`subsequent question would be presented, until all the information that was desired
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`was collected. The data collected from the remote users were stored in a database
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`and we provided various reports from the data.
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`30.
`
`In the mid-1990s, I developed a medical communications
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`device that could transmit medical quality video images over the Internet in real
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`time. This work included developing various graphical user interfaces. I have
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`patents on some of this technology as discussed below.
`
`31. During this time, I was familiar with the graphical user
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`interfaces in various medical devices. These included EKG, ultrasound, and
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`medical records systems.
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`32. Prior to Nov. 2001, I was a promoter of a startup company
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`called Research Runner. Research Runner was an expansion of a business called
`Petitioners – Exhibit 1005, p. 13
`
`
`
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`Retail Runner, Inc. Retail Runner used map and location data to determine the
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`best route for a merchandizer, for example for Lloyd’s BBQ, to use to visit
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`multiple stores in multiple cities. Location information would be used to
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`determine the best route and would generate a set of instructions including a map.
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`A questionnaire would be provided for each location. While taking the assessment
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`of each location, a series of questions would be answered. The results of the
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`questionnaire would be interpreted by a computer and stored in a database.
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`33. Research Runner designed a data driven Internet questionnaire
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`system that could be used for the Retail Runner business but also expanded to
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`collect a broad range of data for many applications including market research,
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`online test taking, customer service questionnaires, in addition to the
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`merchandizing and mystery shopper type applications.
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`34. As part of designing the Research Runner platform, I met with
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`a market research firm in San Francisco and reviewed their computerized
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`questionnaire design and deployment system.
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`35. As part of developing the Research Runner business plan, I
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`reviewed information regarding any potential competitors and thus did a review of
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`the types of Internet based survey system available prior to 2001.
`
`Petitioners – Exhibit 1005, p. 14
`
`
`
`
`36. Retail Runner, Inc. filed two provisional patent applications on
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`May 8, 2000, and two patent applications on May 8, 2001, all of which have been
`
`assigned to me. For example, see U.S. Patent Applications 09/851,624 and
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`09/852,257.
`
`37.
`
`I am also familiar with the concept of a mystery shopper as
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`discussed in the ‘748 Patent. In the 1980s, my wife and I were mystery shoppers.
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`One of the restaurants we assessed and for which we reported data was Chick-fil-
`
`A®.
`
`38. Prior to December 26, 2001, I designed and developed a data
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`driven Internet based system for collecting data from remote users. The
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`BoomerangIt.com system allowed tracking of assets, and if those assets were lost
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`or stolen, providing a means for law enforcement or other finders report
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`information regarding the found items and their locations, and facilitating the
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`return of the found items to their owners. On December 26, 2001, I filed U.S.
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`Provisional Patent Application 60/344,740. The resulting U.S. Patent 7,424,473
`
`(“BoomerangIt”) states, “the user provides information regarding the lost (or
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`found) incident, such as location, date and time.” The BoomerangIt Patent also
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`described providing the user with a series of questions with tokenized answers for
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`describing the attributes of an item, and using a token as a “universal code” for
`
`Petitioners – Exhibit 1005, p. 15
`
`
`
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`describing an attribute for an item, such as a code for the a color which would be
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`displayed as “rojo,” “rouge,” or “red” based on the location, such as Peru, France,
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`or England.
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`39.
`
`In many of these professional assignments, I analyzed the
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`architecture, function, and operation of software with graphical user interfaces.
`
`40. Prior to being retained in this matter, I have acquired and
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`performed forensic analysis of several computer systems. In particular, in 1999-
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`2002, I performed the technical analysis of both copyright and trade secrets in the
`
`Tradescape.com, Inc., et al. v. Shivaram, et al. cases. In those cases, I reviewed the
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`source code and operations of the market-leading day trading systems and illicit
`
`copies. This is one example of a complex system with networked based client
`
`server architectures, including graphical user interfaces and data collection from
`
`multiple remote users and sources.
`
`41.
`
`In 2007, I performed the technical analysis of database systems
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`that used GPS to determine locations in APS Technology Group, Inc. v. Paceco
`
`Corporation.
`
`42.
`
`I am familiar with handheld devices including the electronic
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`components and source code for using 6-axis and 9-axis sensors and GPS for
`
`determining locations and positions.
`
`Petitioners – Exhibit 1005, p. 16
`
`
`
`
`43. Further, I have extensive experience in designing, developing
`
`and analyzing database, networked systems and their user interfaces. As a result, I
`
`have had access to the type of components and information at issue in this case and
`
`have contemporaneous knowledge of what was publicly known.
`
`(ii) Patent Experience
`
`44. My Curriculum Vitae, which is provided as Ex. 1006, identifies
`
`over 85 issued patents and over 85 published patent applications for which I am
`
`listed as an inventor or assignee. Several of my inventions include graphical user
`
`interfaces, networked client-server systems, and using handheld devices including
`
`GPS and accelerometers, to determine locations and positions, including:
`
`• U.S. Pat. No. 8,795,109, Arrow construction system having tip canister
`
`electronics
`
`• U.S. Pat. No. 8,590,777, Space equipment recognition and control using
`
`handheld devices
`
`• U.S. Pat. No. 8,500,563, Display, device, method, and computer program for
`
`indicating a clear shot
`
`• U.S. Pat. No. 8,282,493, Display, device, method, and computer program for
`
`indicating a clear shot
`
`Petitioners – Exhibit 1005, p. 17
`
`
`
`
`• U.S. Pat. No. 7,698,653, Graphical user interface including zoom control
`
`box representing image and magnification of displayed image
`
`• U.S. Pat. No. 7,424,473, System and method for asset tracking with
`
`organization-property-individual model
`
`• U.S. Pat. No. 7,257,158, System for transmitting video images over a
`
`computer network to a remote receiver
`
`• U.S. Pat. No. 7,191,462, System for transmitting video images over a
`
`computer network to a remote receiver
`
`• U.S. Pat. No. 6,803,931, Graphical user interface including zoom control
`
`box representing image and magnification of displayed image
`
`45.
`
`I have reviewed and analyzed numerous patents and prior art
`
`systems through my litigation support work, including patents and prior art related
`
`to the architecture and operation of computer systems including graphics. I have
`
`taken a number of courses offered by the U.S. Patent and Trademark Office and
`
`the Sunnyvale Center for Innovation, Inventions, and Ideas (Sc[i]3).
`
`(iii) Technical Expert
`
`46. Both Federal and State Courts have recognized me as an expert
`
`in computer systems including computer software, graphical user interfaces,
`
`Petitioners – Exhibit 1005, p. 18
`
`
`
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`computer architecture, computer hardware, database systems, networks, and
`
`computer forensic science.
`
`47. In addition, I recently served as a Special Master in a Federal
`
`District Court in Paycom Payroll, LLC v. Richison and Period Financial, which
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`included financial systems with graphical user interfaces, and have served as a
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`court-appointed expert in San Jose, CA in Aspect Communications Corporation v.
`
`eConvergent, Inc. et al., which included financial systems with graphical user
`
`interfaces, and in Ribeiro v. Weichselbaumer, which include financial and
`
`graphical analysis.
`
`(iv) Testifying Engagements
`
`48. Cases in which I have testified as an expert witness at trial or by
`
`deposition during the previous four years are identified as:
`
`• Datatek, Inc v. NTT Data, Inc., American Arbitration Association
`
`(Durham, North Carolina);
`
`• Davis and Carlos v. HireVue, Inc. et al., No. 140900780 (Utah State 3rd
`
`District Court, Salt Lake County);
`
`• Embry v. Acer America Corp., No. 5:09-cv-01808 (N.D. Cal.);
`
`Petitioners – Exhibit 1005, p. 19
`
`
`
`
`• Hickok, Inc. v. SysTech International, LLC, No. 1:7-cv-03565 (N.D.
`
`Ohio);
`
`• IBG LLC v. Trading Techs. Int’l, Inc., CBM2015-00179, CBM2015-
`
`00181, CBM2015-00182, CBM2016-00009, CBM2016-00032,
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`CBM2016-00054 (U.S. Patent Trial and Appeal Board);
`
`• Loop AI Labs Inc. v. Gatti, Almawave, et al., No. 15-cv-798 (N.D. Cal.);
`
`• M&G Jewelers, Inc. v. Zale Delaware, Inc. and TXDC, L.P, No. DC-14-
`
`12666 (Dallas County, Texas, 116th Judicial District);
`
`• Miller v. Fuhu, Inc., No. 2:14-cv-6119-CAS(ASx) (C.D. Cal.);
`
`• MyKey Technology Inc. Patent Litigation, No. 2:13-ml-02461 (C.D.
`Cal.);
`
`• Parallel Networks, LLC v. A10 Networks, Inc., No. 1:13-cv-1943 (D.
`Del.);
`
`• Parallel Networks, LLC v. F5 Networks, Inc., No. 1:13-cv-2001(D. Del.);
`
`• Reporting Technologies, Inc. v. Emma, Inc., No. 1:11-cv-01203 (E.D.
`Va.);
`
`• Sanford L.P. v. Esselte AB, No. 1:14-cv-07616 (S.D.N.Y.);
`
`• SAS Institute, Inc. v. World Programming Limited, No. 5:10-CV-25-FL
`(E.D.N.C.);
`
`Petitioners – Exhibit 1005, p. 20
`
`
`
`
`• T. Rowe Price Investment Services, Inc. v. Secure Axcess, LLC, No
`CBM2015-00027 (U.S. Patent Trial and Appeal Board).
`
`• TD Ameritrade v. Trading Technologies International, Inc., Nos.
`CBM2014-00131, 133, 135, and 137 (U.S. Patent Trial and Appeal
`Board);
`
`• Wellogix, Inc. v. Accenture LLP, 3:08-cv-119 (S.D. Tex.); and
`
`• Wellogix, Inc. v. BP America, Inc., No. 4:09-cv-1511 (S.D. Tex.).
`
`49. Also the following is the case identification of the cases where I
`
`have provided recent reports or declarations but have not testified:
`
`• GoPro, Inc. v. Contour, LLC , Nos. IPR2015-01078 and IPR2015-01080
`
`(U.S. Patent Trial and Appeal Board);
`
`• Innersvingen AS v. Sports Hoop, Inc., No. 2:12-cv-05257 (C.D. Cal.);
`
`• Lilith Games (Shanghai) Co. Ltd. v. uCool, Inc., No. 4:15-cv-01267
`
`(N.D. Cal.);
`
`• Malanche v. Eisenhower Medical Center, No. INC1108128 (Superior
`
`Court of California, Riverside County);
`
`• Paycom Payroll, LLC v. Richison, No. 5:09-CV-00488-W (W.D. Okla.);
`
`and
`
`Petitioners – Exhibit 1005, p. 21
`
`
`
`
`• TradeStation Gr’p, Inc. v. Trading Techs. Int’l, Inc., CBM2016-00051
`
`(U.S. Patent Trial and Appeal Board);
`
`• Twin City Fan Companies, Ltd. v. FPT Software, No. 0:12-cv-1357 (D.
`
`Minn.);
`
`• Unified Patents Inc. v. Global Equity Management (SA) Pty. Ltd.,
`
`IPR2017-01467 (U.S. Patent Trial and Appeal Board).
`
`50. Some additional prior cases related to software interfaces,
`
`graphics, and patent analysis, include: Konrad v. General Motors, et al.; ACTV,
`
`Inc. and HyperTV Networks, Inc. v. The Walt Disney Co., ABC, Inc. and ESPN,
`
`Inc.; and APS Technology Group, Inc. v. Paceco Corporation.
`
`51.
`
`In Konrad v. General Motors, et al., I analyzed the source code
`
`and operation of data-driven web sites for many of the largest companies in
`
`America. The graphical user interfaces displayed current quantity and pricing, and
`
`allowed order placement and confirmation for airline seats, rental cars, and hotel
`
`rooms. Many of these systems allowed for available commodities to be display in
`
`order of price or other values.
`
`52.
`
`In ACTV v. Disney, I analyzed the Disney (ABC and ESPN)
`
`interactive television system that included an interactive graphical user interface.
`
`Petitioners – Exhibit 1005, p. 22
`
`
`
`
`53.
`
`In APS Technology Group, Inc. v. Paceco Corporation, I
`
`performed the technical analysis of database systems that used GPS to determine
`
`locations.
`
`54. M