`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Unified Patents Inc.
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`Petitioner
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`v.
`
`Bradium Technologies, LLC
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`Patent Owner
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`IPR2018-00095
`U.S. Patent 9,253,239
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`DECLARATION OF CHRISTOPHER WILSON
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`Unified Patents Exhibit 1005 Part 1
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`IPR2018-00095
`U.S. Patent 9,253,239
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`TABLE OF CONTENTS
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`I.
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`INTRODUCTION .............................................................................................. 1
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`II. SUMMARY OF OPINIONS .............................................................................. 3
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`QUALIFICATIONS AND EXPERIENCE .................................................. 5
`III.
`A. Education and Work Experience ..................................................................... 5
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`B. Compensation.................................................................................................. 9
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`C. Documents and Other Materials Relied Upon ................................................ 9
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`STATEMENT OF LEGAL PRINCIPLES ................................................. 11
`IV.
`A. Claim Construction ....................................................................................... 11
`
`B. Anticipation ................................................................................................... 11
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`C. Obviousness .................................................................................................. 12
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`V.
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`LEVEL OF ORDINARY SKILL IN THE ART ........................................ 13
`
`TECHNOLOGY BACKGROUND OF THE 239 PATENT ...................... 15
`VI.
`A. Data Communications Over the Internet ...................................................... 17
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`B. Data Communications in Wireless Mobile Systems ..................................... 20
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`C.
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`Image Tiles and Image Pyramids .................................................................. 22
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`D. Compression of Image Tiles ......................................................................... 27
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`E. Progressive Image Resolution Enhancement ................................................ 28
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`F. Three-Dimensional Graphics ........................................................................ 30
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`1.
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`2.
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`3.
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`Overview of 3D Computer Graphics principles ...................................... 30
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`Texture ..................................................................................................... 36
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`Virtual Reality Modeling Language (VRML) ......................................... 40
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`G. Mip-Maps ...................................................................................................... 41
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`H. Storage of Image data ................................................................................... 47
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`VII.
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`OVERVIEW OF THE 239 PATENT ......................................................... 50
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`IDENTIFICATIONS OF THE PRIOR ART AND SUMMARY OF
`VIII.
`OPINIONS .............................................................................................................. 56
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`A. Reddy ............................................................................................................ 56
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`B. Hornbacker .................................................................................................... 57
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`C. Loomans ........................................................................................................ 58
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`CLAIM CONSTRUCTION ........................................................................ 59
`IX.
`A. “Data Parcel” ................................................................................................. 59
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`B. Other Claim Terms ........................................................................................ 60
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`UNPATENTABILITY OF THE 239 PATENT CLAIMS ......................... 61
`X.
`A. Ground 1: Claims 1-20 and 23-25 are unpatentable under 36 U.S.C. § 103(a)
`as being obvious over Reddy in view of Hornbacker .......................................... 61
`
`1.
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`Overview of Asserted References ........................................................... 63
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`2. Motivations to Combine Reddy and Hornbacker .................................... 70
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`Claim 1 is Rendered Obvious by Reddy in view of Hornbacker ............ 77
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`Claim 2 .................................................................................................. 108
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`Claim 3 .................................................................................................. 112
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`Claim 4 .................................................................................................. 115
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`Claim 5 .................................................................................................. 116
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`Claim 6 .................................................................................................. 117
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`Claim 7 .................................................................................................. 117
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`10. Claim 8 .................................................................................................. 119
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`11. Claim 9 .................................................................................................. 120
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`12. Claim 10 ................................................................................................ 122
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`13. Claim 11 ................................................................................................ 123
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`14. Claim 12 ................................................................................................ 123
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`15. Claim 13 ................................................................................................ 124
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`16. Claim 14 ................................................................................................ 125
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`17. Claim 15 ................................................................................................ 126
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`18. Claim 16 ................................................................................................ 126
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`19. Claim 17 ................................................................................................ 129
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`20. Claim 18 ................................................................................................ 129
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`21. Claim 19 ................................................................................................ 130
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`22. Claim 20 ................................................................................................ 130
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`23. Claim 23 ................................................................................................ 132
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`24. Claim 24 ................................................................................................ 136
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`25. Claim 25 ................................................................................................ 138
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`B. Ground 2: Claims 21-22 are unpatentable under 35 U.S.C. § 103(a) over
`Reddy in view of Hornbacker and further in view of Loomans......................... 139
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`1. Claim 21 ................................................................................................ 147
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`2. Claim 22 ................................................................................................ 148
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`C. Ground 3: Claim 20 is unpatentable under 35 U.S.C. § 103(a) over Reddy in
`view of Hornbacker and further in view of Rosasco .......................................... 153
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`1. Claim 20 ................................................................................................ 154
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`XI.
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`CONCLUSION ......................................................................................... 159
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`I, Christopher Wilson, declare as follows:
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`I.
`
`INTRODUCTION
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`1. My name is Christopher Wilson. I am a consultant in the fields of mapping,
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`navigation systems, and telematics. I have been engaged by Unified Patents Inc.
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`(“Unified”) to investigate and opine on certain issues relating to U.S. Patent No.
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`9,253,239 B2 (the “239 Patent”) entitled “System and methods for network image
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`delivery with dynamic viewing frustum optimized for limited bandwidth
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`communication channels” in Unified’s petition for Inter Partes Review of the 239
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`Patent (“Unified’s IPR Petition”) which requests the Patent Trial and Appeal Board
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`(“PTAB”) to review and cancel all claims of the 239 Patent—claims 1-25
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`(“Challenged Claims”).
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`2.
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`I understand that the 239 Patent was purportedly assigned from the inventors
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`Isaac Levanon and Yoni Lavi to Inovo Limited on April 3, 2011, and assigned from
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`Inovo Limited to Bradium on June 17, 2013. Bradium is therefore referred to as the
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`“Patent Owner” in this declaration.
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`3.
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`This declaration is a modified version of the declaration of William R.
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`Michalson for the previous IPR petition IPR2016-01897, executed on September 30,
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`2016. That petition resulted in a decision by the Patent Trial and Appeal Board to
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`institute a review of most of the claims of the 239 Patent, but the review never
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`occurred due to settlement of the case. I have fully reviewed the declaration of Mr
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`Michalson, and all of the opinions in this review reflect my opinions. In this
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`declaration, I will first discuss the technology background related to the 239 Patent
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`and then provide my analyses and opinions regarding claims 1-25 of the 239 Patent.
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`The discussion of the technology background includes an overview of that
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`technology as it was known before December 2000, which I understand as the
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`earliest priority date claimed by the 239 Patent. This overview provides some of the
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`bases for my opinions with respect to the 239 Patent.
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`4.
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`This declaration is based on the information currently available to me. To the
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`extent that additional information becomes available, I reserve the right to continue
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`my investigation and study, which may include a review of documents and
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`information that may be produced, as well as testimony from depositions that may
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`not yet be taken.
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`5.
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`In forming my opinions, I have relied on information and evidence identified
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`in this declaration, including the 239 Patent, the prosecution history of the 239
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`Patent, and prior art references listed as Exhibits to the Unified IPR Petition and
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`listed as appendices of this declaration. The Appendices to this declaration include
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`a number of references known to those in the art to describe technical concepts
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`relevant to the subject matter of this declaration, and include (for example) patents,
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`technical publications, and industry standards. In my opinion, an expert or a person
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`of ordinary skill in the art in the subject matter relevant to this declaration would
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`consider each of the Appendices to this declaration relevant to the subject matter of
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`this declaration and would reasonably rely on such materials to form an opinion as
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`to the state of the art prior to December 27, 2000, the interpretation of the prior art
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`references relied upon in Unified’s petition, and the obviousness of the claims
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`challenged in the petition. I have also relied on my own personal experience in the
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`field of mapping and navigation systems, which includes the design and
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`development of map rendering hardware, software, and display systems.
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`II.
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`6.
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`SUMMARY OF OPINIONS
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`Claims 1-25 of the 239 Patent relate to a system and method for dynamic
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`visualization of image data transferred through a communications channel. For the
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`reasons explained below, none of the features described in Claims 1-25 of the 239
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`Patent were novel as of October 1999, nor does the 239 Patent teach a novel and
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`non-obvious way of combining these known features.
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`7.
`
`Claims 1-25 of the 239 Patent relate to well-known technologies in the
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`computer industry such as multi-resolution hierarchical maps, image compression,
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`packetized data transmission, and three-dimensional (3D) graphics rendering. No
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`element of Claims 1-25 is novel, and Claims 1-25 do not bring these elements
`
`together in a way that brings any benefit beyond what a person of ordinary skill in
`
`art would expect from the known functions of the individual components. Claims 1-
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`25 describe techniques that were well-known in the field, and combine them in ways
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`that would have been readily apparent to a person of ordinary skill in the art with
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`predictable results.
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`8.
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`It is my opinion that each of Claims 1-25 is unpatentable under the
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`patentability standard of 35 U.S.C. § 103 as I understand it and as explained to me
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`by Unified’s counsel. Within this declaration I discuss specific grounds of
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`unpatentability of Claims 1-25; however, my opinion that Claims 1-25 are
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`unpatentable under 35 U.S.C. § 103 is not limited to these specific grounds, and
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`indeed, it is my opinion that Claims 1-25 would have been unpatentable in light of
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`the general knowledge of a person of ordinary skill in the art at the time of the alleged
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`invention.
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`9.
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`For purposes of my analyses in this declaration only, I provide my proposed
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`construction of certain terms in Claims 1-25 in detail in a later part of this
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`declaration.
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`10. The subsequent sections of this declaration will first provide my qualifications
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`and experience and then describe details of my analyses and observations.
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`III. QUALIFICATIONS AND EXPERIENCE
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`A. Education and Work Experience
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`11.
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`I received a Bachelor of Arts degree in physics from Princeton University in
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`1981 and completed one year of graduate school at the University of California, San
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`Diego.
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`12.
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`I have more than 35 years of experience developing systems for
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`communications, navigation, mapping, data management and processing, as well as
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`sensors for optical, IR and radar.
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` My experience includes the design,
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`implementation and use of geographic information systems (“GIS”), as well as the
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`design, implementation and use of navigation systems relying on GPS and other
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`positioning system technologies. I also have extensive experience in wireless
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`communication and data processing systems as well as systems for the efficient
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`collection and processing of digital images and other data. Additionally, I have
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`experience in the design and implementation of hardware and software systems used
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`to create and render image data for display.
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`13.
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`I am currently an independent consultant to the transportation industry
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`focused on the creation and use of map databases to support various safety and
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`efficiency applications, as well as the deployment of automated vehicles. My work
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`includes the collection of georeferenced source materials, including ground based,
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`airborne and satellite image data, processing of those materials, in conjunction with
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`other sources, to develop high quality maps, and the distribution of these maps to
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`vehicles for use by both drivers and machines. I have been working on various
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`aspects of this mapping problem since the early 1990s, and working on image
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`processing systems as early as 1986.
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`14. Prior to working on automotive systems, I worked for GTE and TRW on
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`systems for communications and control of various aerospace systems, in particular
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`on satellite and aircraft based reconnaissance systems. I developed image sensor
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`processing algorithms both for use in the platforms and for use by analysts on the
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`ground. I also developed GIS systems for land use analysis, vehicle tracking and
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`mission planning, as well as systems and algorithms for image perspective
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`transformations in order to recreate 3D structures from sets of 2D images.
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`15. Around or about 1993, while at TRW, I began working on various automotive
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`projects. I developed one of the first “off-board” vehicle navigation systems that
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`utilized communications technology to provide map information to the vehicle, and
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`could also provide vehicle location information to the infrastructure to aid in traffic
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`operations and traffic assessment, which was performed using various GIS systems.
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`This system also supported emergency responders in the event of airbag
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`deployments by providing location information to the 911 GIS response systems.
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`My final title at TRW was Program Manager.
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`16.
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`In 1995 I joined Information Access Inc. as the Director of Product
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`Development. In this role I developed systems for providing real time maps over a
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`wireless network to PDAs for use both on personal devices and devices embedded
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`in vehicles. These maps provided both navigation and traffic information to users.
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`17.
`
`In 1996 and the years following, while at Daimler-Chrysler Research and
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`Technology, N.A., Inc. I developed various map-enabled telematics systems for
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`Mercedes and Chrysler vehicles, as well as Freightliner trucks and other company
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`brands. Telematics systems generally utilize vehicle computers wirelessly
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`networked with infrastructure servers. Systems I developed included various safety
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`systems, some of which could actively control the vehicle; as such, they required
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`very high quality maps, and I became an expert on the development and maintenance
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`thereof. Map making relies extensively on the use of large scale imagery and the
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`presentation of this data on displays for evaluation and annotation. Another
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`significant problem I addressed was the distribution of up-to-date maps to vehicles
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`where communications efficiency was critical to keeping communication costs
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`manageable. The performance of systems for display of maps in vehicles are within
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`the class of “mobile platforms” described in the ‘239 patent. My final title at
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`Daimler was the Vice President of ITS Strategy and Programs for Mercedes Benz
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`Research and Development North America.
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`18.
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`In 2008 I began work as the Research Director at TomTom, at the time, one
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`of two map suppliers to the automotive industry. There, I developed several aspects
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`of high quality maps to support the automotive industry, including various tools for
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`creation and validation of the map database which used many different imagery
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`sources, as well as other information. My title when I left TomTom in 2011 was
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`the Director of Programs and Product Management, Advanced Driver Assistance
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`Systems.
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`19.
`
`In 2011 I left TomTom to begin my current consulting practice. Since 2011 I
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`also held part time positions with two start-up companies, Vehicle Data Science, a
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`mapping company where I was the CEO, and with ATG Risk Solutions where I was
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`VP of Business Development and worked on algorithm and business development.
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`As CEO of Vehicle Data Science, and in my consulting, I worked with vehicle
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`manufactures on defining and building map databases to support automated vehicles
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`and incorporating map data into various vehicle systems. My work with ATG, as
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`well as consulting for insurance companies, focused on observing drivers (primarily
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`in commercial vehicles), assessing their skills and choices, and providing feedback
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`on ways they can improve safety and efficiency. Assessments were generally based
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`on a comparison with peers at similar locations, selecting the best traits and trying
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`to get others to replicate them.
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`20.
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`I am a senior member of IEEE and several of the automotive related groups
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`within that organization. I am currently the Vice Chair of the IEEE Consultant's
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`Network of Silicon Valley. I am also a member of the Society of Automotive
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`Engineers and the Institute of Navigation. I hold 7 U.S. patents in the fields of GPS
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`(Global Positioning System), mapping applications, and applications of these
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`technologies to vehicle safety and efficiency problems.
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`21. My curriculum vitae, which provides a detailed summary of my education and
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`work experience is attached to this declaration as Appendix A.
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`B. Compensation
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`22.
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`I am being compensated for the services I am providing in this petition. The
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`compensation is not contingent upon my performance, the outcome of this inter
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`partes review or any other proceedings, or any issues involved in or related to this
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`inter partes review or any other proceedings.
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`C. Documents and Other Materials Relied Upon
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`23. The documents on which I rely for the opinions expressed in this declaration
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`are documents and materials identified in this declaration, including the 239 Patent,
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`the prosecution history for the 239 Patent, and other patents and provisional patents
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`related to the 239 Patent, the prior art references and information discussed in this
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`declaration, including the references attached as exhibits of the IPR Petition for the
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`239 Patent: WO 99/41675 to Cecil V. Hornbacker, III (“Hornbacker”) (Ex. 1003),
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`TerraVision II: Visualizing Massive Terrain Databases in VRML by M. Reddy et
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`al., IEEE Computer Graphics and Applications, March/April 1999 (Ex. 1004), U.S.
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`patent No. 6,728,960 to Jeffrey Loomans (“Loomans”) (Ex. 1014) and its
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`provisional application 60/109,077 (“Loomans Provisional”) (Ex. 1015), U.S. Patent
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`No. 6,317,137 to John D. Rosasco (“Rosasco”) (Ex. 1018), and any other references
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`specifically identified in this declaration, in their entirety, even if only portions of
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`these documents are discussed here in an exemplary fashion.
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`IV. STATEMENT OF LEGAL PRINCIPLES
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`A. Claim Construction
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`24. Unified’s counsel has advised that, when construing claim terms of an
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`unexpired patent, a claim subject to inter partes review receives the “broadest
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`reasonable interpretation in light of the specification of the patent in which it
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`appears.”
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`B. Anticipation
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`25. Unified’s counsel has advised that in order for a patent claim to be valid, the
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`claimed invention must be novel. Unified’s counsel has further advised that if each
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`and every element of a claim is disclosed in a single prior art reference, then the
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`claimed invention is anticipated, and the invention is not patentable according to pre-
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`AIA 35 U.S.C. § 102 effective before March 16, 2013. In order for an invention in
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`a claim to be anticipated, all of the elements and limitations of the claim must be
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`shown in a single prior reference, arranged as in the claim. A claim is anticipated
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`only if each and every element as set forth in the claim is found, either expressly or
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`inherently described, in a single prior art reference. In order for a reference to
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`inherently disclose a claim limitation, that claim limitation must necessarily be
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`present in the reference.
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`C. Obviousness
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`26. Unified’s counsel has also advised me that obviousness under pre- AIA 35
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`U.S.C. § 103 effective before March 16, 2013 is a basis for invalidity. I understand
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`that where a prior art reference does not disclose all of the limitations of a given
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`patent claim, that patent claim is invalid if the differences between the claimed
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`subject matter and the prior art reference are such that the claimed subject matter as
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`a whole would have been obvious at the time the invention was made to a person
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`having ordinary skill in the relevant art. Obviousness can be based on a single prior
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`art reference or a combination of references that either expressly or inherently
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`disclose all limitations of the claimed invention. In an obviousness analysis, it is not
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`necessary to find precise teachings in the prior art directed to the specific subject
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`matter claimed because inferences and creative steps that a person of ordinary skill
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`in the art would employ can be taken into account.
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`V.
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`LEVEL OF ORDINARY SKILL IN THE ART
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`27.
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`I understand from Unified’s counsel that the claims and specification of a
`
`patent must be read and construed through the eyes of a person of ordinary skill in
`
`the art at the time of the priority date of the claims. I have also been advised that to
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`determine the appropriate level of a person having ordinary skill in the art, the
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`following factors may be considered: (a) the types of problems encountered by those
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`working in the field and prior art solutions thereto; (b) the sophistication of the
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`technology in question, and the rapidity with which innovations occur in the field;
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`(c) the educational level of active workers in the field; and (d) the educational level
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`of the inventor.
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`28. The “Background” section of the 239 Patent describes a “well recognized
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`problem” of how to reduce the latency for transmitting full resolution images over
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`the Internet on an “as needed” basis, particularly for “complex images” such as
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`“geographic, topographic, and other highly detailed maps.” Ex. 1001 at 1:29-46.
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`29. To solve this problem and to address some perceived issues in the existing art,
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`the 239 Patent discloses a system capable of “optimally presenting image data on
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`client systems with potentially limited processing performance, resources, and
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`communications bandwidth.” Id. at 3:46-49. The 239 Patent states that the disclosed
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`technology can achieve faster image transfer by (1) dividing the source image into
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`parcels/tiles, (2) processing the parcels/tiles into a series of progressively lower
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`resolution parcels/tiles, and (3) requesting and transmitting the parcels/tiles needed
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`for a particular viewpoint in a priority order, generally lower- resolution tiles first.
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`30.
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`In light of the disclosed technology of the 239 Patent, a person of ordinary
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`skill in the art for the 239 Patent would need education or work experience in
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`computer network communications. Because a “common application” of the 239
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`Patent is to transmit “geographic, topographic, and other highly detailed maps,” id.
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`at 1:41-43, a person of ordinary skill in the art would require some knowledge and
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`experience with geographic information systems (“GIS”).
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`31. Based on the above considerations and factors, it is my opinion that a person
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`having ordinary skill in the art should have a Master of Science or equivalent degree
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`in electrical engineering or computer science, or alternatively a Bachelor of Science
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`or equivalent degree in electrical engineering or computer science, with at least 5
`
`years of experience in a technical field related to geographic information system
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`(“GIS”) or the transmission of image data over a computer network. This description
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`is approximate and additional educational experience could make up for less work
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`experience and vice versa.
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`VI. TECHNOLOGY BACKGROUND OF THE 239 PATENT
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`32.
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`It is my opinion that the 239 Patent recites an obvious and predictable
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`combination of elements that were well-known in the art at the time the 239 Patent
`
`was filed and at the time of alleged invention. In this section of my declaration, I
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`provide an overview of some general principles that were understood in the art at the
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`time of filing of the 239 Patent, and therefore would be within the knowledge of a
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`person of ordinary skill in the art. I use certain references (including both patents
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`and non-patent literature) to illustrate the background knowledge of a person of
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`ordinary skill in the art, but the knowledge of a person of ordinary skill in the art at
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`the time regarding the claimed features would not have been limited to these specific
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`references.
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`32.1 The 239 Patent recites that the “preferred operational environment of the
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`present invention is generally shown in Fig. 1” and links a network server with a
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`client system “through a communications network, such as the Internet 14 generally
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`and various tiers of Internet service providers (ISPs) including a wireless
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`connectivity provider.” Ex. 1001 at 5:26-38; Fig. 1:
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`32.2 Based on my review of the entire specification of the 239 Patent, it appears to
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`me that the inventors describe a system that relied on conventional network
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`connections, including conventional wireless networking methods, and that the
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`underlying means of transmitting data over the Internet or over a wireless network
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`are not emphasized as a point of novelty. In other words, in order to implement the
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`alleged invention in the 239 Patent, a person of ordinary skill in the art would have
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`to rely on existing methods already known in the art of connecting to the Internet
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`and sending data over a wireless connection, since the 239 Patent does not provide
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`any novel teachings about this aspect of the alleged system. This fact is particularly
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`relevant to certain claim limitations which relate to, e.g., the bandwidth of the
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`communications channel, whether the communications channel is wireless, and the
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`type of client device which operates the 239 Patent’s user software, because the
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`ability to connect to the Internet, or connect to the Internet via a wireless channel or
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`on a “small” client device such as a PDA or vehicle navigation system, is something
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`that the 239 Patent assumes that a person of ordinary skill in the art would already
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`know how to do. I considered this relevant to my analysis later in this declaration
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`that these claim limitations are obvious over the references discussed and that a
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`person of ordinary skill in the art would have a reasonable expectation of success
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`implementing the system described by Reddy (which itself describes a laptop
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`computer) on, for example, a Personal Digital Assistant (PDA) or via a wireless
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`connection.
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`32.3 I provide below a general description of the underlying technology of
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`transmitting data over the Internet and via wireless connections as it existed in 2000
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`and in before.
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`A. Data Communications Over the Internet
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`33. The predominant
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`computer networking
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`technology
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`and
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`set of
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`communications protocols used for most online communications today and prior to
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`the filing of the application for the 239 Patent is known as the Internet Protocol (IP)
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`suite including TCP/IP, named after its two main component protocols: the
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`Transmission Control Protocol and the Internet Protocol. While other protocols, such
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`as the User Datagram Protocol, or UDP, are also part of the IP suite of protocols, the
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`239 Patent teaches at 8:7-28 that its preferred embodiment uses TCP/IP to send data
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`packets. In this declaration I do not provide a detailed description of all
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`characteristics of the very well-known TCP/IP protocols, but focus on a few specific
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`aspects of TCP/IP that are pertinent to the claims at issue in the 239 Patent. TCP/IP
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`transmits data between computers in a network using data packets, which are
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`formatted units of data carried by the network as suitably sized blocks. Packets are
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`composed of a header and a payload. The “payload” is the information which the
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`packet is actually intended to convey. The header refers to supplemental data placed
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`at the beginning of a block, and contains information in a standard format such as
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`the sender’s and recipient’s Internet Protocol addresses, a sequence number
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`indicating where in a sequence of packets being transmitted the packet falls, an offset
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`(how far into the data the payload begins) and the protocol governing the format of
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`the payload. The addresses are used to route the packet to