IPR2018-01257 (Patent No. 8,552,978)
`IPR2018-01258 (Patent No. 8,441,438)
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`GOOGLE LLC, ZTE (USA), INC., SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
` Petitioner
`
`v.
`
`CYWEE GROUP LTD.
`Patent Owner
`
`____________________
`Case IPR2018-01257
`Case IPR2018-01258
`
`Patent No. 8,552,978
`Patent No. 8,441,438
`____________________
`
`DECLARATION OF SHUN-NAN LIOU
`July 31, 2019
`
`
`
`
`

`

`Declaration of Shun-Nan Liou
`
`
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`1.
`I am a named-inventor of U.S. Patent Nos. 8,441,438 and 8,552,978,
`that are owned by and assigned to CyWee Group Ltd. (“CyWee Group”) and that are
`the subject of the above-captioned matters. I am over the age of 21 and competent to
`make this declaration. I am the CEO of CyweeMotion Group Ltd and am president of
`CyWee Motion Inc.
`2. A true and correct copy of a document entitled “CyWee, Where
`Technology Entertains 2009.09” is attached as Exhibit 2021. The document’s
`properties show that it was created December 18, 2008 and last modified September
`11, 2009.
`3. A true and correct copy of a document entitled “JIL Game System
`Hardware Specification Ver. 1.5” is attached as Exhibit 2022.
`4. A true and correct copy of a JIL Phone Bill of Materials, dated May 24,
`2010, is attached as Exhibit 2023.
`5.
`True and correct copies of photographs taken of a JIL Phone prototype
`and the printed circuit board in that device are attached as Exhibit 2024.
`6. A true and correct copy of the CyWee Phone API Reference is attached
`as Exhibit 2025.
`7. A true and correct copy of a document entitled “CyWee Motion Fusion
`Solution” is attached as Exhibit 2026.
`8. A true and correct copy of a document entitled “CyWee Where
`technology entertains Technical Presentation: Motion Technology and Gaming
`Applications” is attached as Exhibit 2027.
`9. A true and correct copy of an email to James Shen at Qualcomm, dated
`July 29, 2009, is attached as Exhibit 2028. A true and correct copy of an attachment
`to that email is attached as Exhibit 2029.
`
`
`
` Exhibit 2020/ Page 2 of 9
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`

`

`Declaration of Shun-Nan Liou
`
`
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`10. A true and correct copy of a Mutual Non-Disclosure Agreement between
`CyWee and Qualcomm Inc. is attached as Exhibit 2030.
`11. A computer dedicated to the production of JIL phone, which contained
`a great deal of information regarding the development process and code for the
`project, was reformatted after the conclusion of the JIL phone project, making the
`code difficult to locate. Source code similar to the code that ran on the JIL phone was
`located in October 2016. Since then, CyWee has continued to search for the original
`code used in the project. I recently located the original source code for the JIL phone
`in an internal CyWee email dated March 16, 2010. That email is titled “Latest JIL
`phone with MR project of IIMR” and includes a file titled IIMR_dll_2010-02-12-
`1(Qualcomm_MR).rar. The .rar file is a compressed file, which includes a file named
`Attitude.cpp, which contains CyWee’s sensor fusion code for the JIL phone as of
`February 12, 2010 according to the “date modified” timestamp on the file. A true and
`correct copy of Attitude.cpp is attached hereto as Exhibit 2031.
`12.
` I worked with my fellow inventors, Zhou Ye and Chin-Lung Li, on
`developing motion sensing technologies.
`13.
` In the 2008-2010 period, I was involved in research and product
`development activities related to motion sensing, including a game controller known
`as the Z controller, and the JIL phone.
`14. Before May 22, 2009, CyWee selected hardware for the “JIL Game
`Phone Project.” See Exhibit 2021 at 11 (providing project name), Exhibit 2022 at 4, 7
`(listing revisions to hardware specification, and describing CyWee’s involvement).
`CyWee was designated as the “Motion HW/SW [Hardware/Software] Solution
`Provider” for the project. Exhibit 2021 at 11. The hardware selected included a
`smartphone with an integrated display that could be used as a 3D pointing device for
`game control. The hardware selected before May 22, 2009 show that the JIL phone
`
`
`
` Exhibit 2020/ Page 3 of 9
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`

`

`Declaration of Shun-Nan Liou
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`
`was a smartphone that included 9-axis output. Exhibit 2021 at 9. More specifically,
`the device included a 3-axis accelerometer, 3-axis rotation output, and a 3-axis
`magnetometer. Id. The JIL Phone hardware specifications were documented on May
`22, 2009, then updated on June 22, 2009 and November 7, 2009. Exhibit 2022 at 4.
`The hardware specifications corresponding to the motion sensors continued to be
`updated through at least May 24, 2010 as the team refined its selection of sensor
`hardware components. Exhibit 2023.
`15. The inventions claimed in the ‘438 patent were conceived of on or
`before May 22, 2009 and diligently reduced to practice by at least as early as July
`29, 2009. See Exhibit 2028 (referencing JIL phone). Claims 10 and 12 of the ‘978
`patent were conceived of by the end of May 2009 and diligently reduced to
`practice by at least as early as September 25, 2009. See Exhibit 2025 at 2
`referencing API software for JIL Phone. Between the date of conception and the
`actual reduction to practice of each patent, CyWee held weekly research and
`development meetings for each of the on-going projects, which were attended by a
`team consisting of the co-inventors of the ‘438 and ‘978 Patents and others
`working at our direction.
`16. A JIL Phone prototype is shown below:
`
`
`
`
`Exhibit 2024 at 1. The housing and PCB used in the JIL phone prototype were
`manufactured by Foxconn.
`
`
`
` Exhibit 2020/ Page 4 of 9
`
`

`

`Declaration of Shun-Nan Liou
`
`
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`17. The JIL Phone was revolutionary in several respects. Unlike earlier
`devices (including earlier Apple mobile devices) the JIL Phone incorporated a
`gyroscope, accelerometer, and magnetometer, which together were capable of 9-axis
`output. Exhibit 2025 at 4; see also Exhibit 2027 at 22 (“CyWee’s motion module
`supports various types of games, allows for 9-axis motion recognition . . . .”). The JIL
`Phone performed sensor fusion by using sensor data from the three sensors to reduce
`errors when determining its orientation or attitude.
`18. The JIL Phone shown above included an InvenSense IXZ-650
`gyroscope capable of generating 3-axis output, a Yamaha YAS529 magnetometer,
`and a STMicroelectronics 2935 33DL accelerometer. Alternatively, the
`accelerometer and magnetometer could be replaced with an Aichi Micro Intelligent
`Corp. AMI602 6-axis motion sensor module. Exhibit 2023.
`19. The team working on JIL Phone motion sensor technologies included my
`co-inventors on the patents-in-suit, Joe Ye and Chin-Lung Li. The team further
`included other CyWee personnel working at our direction, including but not limited
`to programmers.
`20.
` Prior to the JIL Phone, CyWee developed the CyWee Z controller. The
`Z controller included a 3-axis accelerometer, and a gyroscope capable of outputting
`3-axis rotational movement. See Exhibit 2021 at 3. A picture of the Z controller is
`shown below:
`
`
`
`
`
`
` Exhibit 2020/ Page 5 of 9
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`

`

`Declaration of Shun-Nan Liou
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`
`
`
`The Z controller performed sensor fusion, and was a controller meant to play games
`on an external display. Id. at 3. For example, the Z controller could be used in its
`stick form to control a racing game, or could pivot and be used as a gun in shooting
`and combat games. Id. at 4. The sensor fusion algorithm used with the CyWee Z
`controller was an earlier version compared to what is disclosed and claimed in the
`‘438 and ‘978 patents, and did not yet practice all elements of the sensor fusion
`method claimed by those patents.
`21.
`It is my understanding that the code for sensor fusion used in the JIL
`Phone practiced all elements of the sensor fusion method claimed by the ‘438 and
`‘978 Patents.
`22. The team developed at least six versions of JIL Phone software, all of
`which performed a sensor fusion algorithm practicing claims of the ‘438 and ‘978
`patents, and were documented between September 25, 2009 and April 16, 2010.
`Exhibit 2025 at 2. The different versions were tested on the JIL Phone. The later
`versions of source code, including cwy_sfc_attitude.h and cyweefusionAGC.cpp ,
`practiced the earlier sensor fusion algorithm developed in the Attitude.cpp code.
`23. Before July 29, 2009, CyWee actually reduced to practice a solution for
`the JIL Phone that practiced claims of the ‘438 patent. See Exhibit 2028; Exhibit
`2029 at 6, 7. Paragraph 24, below, shows an illustration of this solution. On July 29,
`2009, Zhou Ye sent information regarding this solution to James Shen at Qualcomm.
`Id. This information was subject to a non-disclosure agreement between CyWee and
`Qualcomm. See Exhibit 2030. That non-disclosure agreement was entered into on
`April 23, 2008, for the purpose of developing the JIL Phone. Id.
`
`
`
` Exhibit 2020/ Page 6 of 9
`
`

`

`Declaration of Shun-Nan Liou
`
`
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`24. The team’s JIL Phone motion sensor development and system
`integrations are illustrated in several documents. For example, Figure 15 of Exhibit
`2025 depicts the JIL Phone:
`
`
`And Figures 4 to 6 of the same document illustrate the team’s integration of sensor
`fusion algorithm software with hardware by showing sensor output values as the
`prototype rotates about three different orthogonal axes:
`
`
`
` Exhibit 2020/ Page 7 of 9
`
`

`

`Declaration of Shun-Nan Liou
`
`
`
` IPR2018-01257 (Patent No. 8,552,978)
` IPR2018-01258 (Patent No. 8,441,438)
`
`
`Figure 3 of Exhibit 2026 shows the same JIL Phone illustration from the prior
`document, further annotated with axes and axes of rotation corresponding to the
`team’s conventions employed by the JIL Phone’s sensor fusion algorithm software.
`
`
`
`
`
` Exhibit 2020/ Page 8 of 9
`
`

`

`Declaration of Shun-Nan Liou
`
`IPR2018-01257 (Patent No. 8,552,978)
`IPR2018-01258 (Patent No. 8,441,438)
`
`Date: July 31, 2019
`
`_ Shun-Man Liou
`
`Shun-Nan Liou
`
`Exhibit 2020/ Page 9 of 9
`
`