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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`COMCAST CABLE COMMUNICATIONS, LLC,
`Petitioner
`v.
`ROVI GUIDES, INC.
`Patent Owner
`
`
`
`Patent No. 7,779,011
`Filing Date: December 20, 2005
`Issue Date: August 17, 2010
`Title: METHOD AND SYSTEM FOR DYNAMICALLY PROCESSING
`AMBIGUOUS, REDUCED TEXT SEARCH QUERIES AND HIGHLIGHTING
`RESULTS THEREOF
`________________
`
`Inter Partes Review No.: IPR2019-00237
`________________
`
`Declaration of Daniel R. McNeely
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`Comcast, Ex-1029
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`I, DANIEL R. MCNEELY, declare as follows:
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`1.
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`I am a member of the Bars of the District of Columbia and the State of
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`Illinois and am an associate with the law firm of Winston & Strawn LLP, attorneys
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`for Respondent, Comcast Cable Communications, LLC (“Comcast”), in the ongoing
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`U.S. International Trade Commission Investigation No. 337-TA-1103 styled In the
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`Matter of Certain Digital Video Receivers and Related Hardware and Software
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`Components (“ITC Investigation”) involving Complainant, Rovi Guides, Inc.
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`(“Rovi”) and its U.S. Patent No. 7,779,011. Winston & Strawn LLP also represents
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`Comcast in the ongoing Southern District of New York District Court Case against
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`Rovi, Case No. 1:16-cv-09278-JPO.
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`2.
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`I submit this declaration to provide supplemental evidence regarding
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`the exhibit labeled as Ex. 1015, Ex. 1115, or Ex. 1215, (“Bovik Opening Report”),
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`which contains redacted excerpts from the “Expert Report of Alan Bovik, Ph.D.
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`regarding Infringement of U.S. Patent Nos. 7,779,011 and 7,937,394,” submitted in
`
`the ITC Investigation on July 2, 2018. I have personal knowledge of the facts set
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`forth in this declaration, and, if called to testify as a witness, could and would do so
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`competently.
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`3.
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`The Bovik Opening Report is a true and accurate copy of redacted
`
`excerpts from the full Expert Report of Alan Bovik, Ph.D. regarding Infringement
`
`
`
`
`
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`of U.S. Patent Nos. 7,779,011 and 7,937,394. The excerpts have been redacted to
`
`remove confidential business information.
`
`4.
`
`The original document is titled “Expert Report of Alan Bovik, Ph.D.
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`regarding Infringement of U.S. Patent Nos. 7,779,011 and 7,937,394” and included
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`187 pages.
`
`5.
`
`The excerpts comprised in the Bovik Opening Report contain the cover
`
`page, pages 1-2, and 75-80 of the full Expert Report of Alan Bovik, Ph.D. regarding
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`Infringement of U.S. Patent Nos. 7,779,011 and 7,937,394.
`
`6.
`
`The original document included confidential business information of
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`the parties to the ITC Investigation. The Bovik Opening Report contains no
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`confidential information. All confidential business information has been redacted
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`from the Bovik Opening Report.
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`7.
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`Additionally, I submit this declaration to provide supplemental
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`evidence regarding the exhibit labeled as Ex. 1016, Ex. 1116, or Ex. 1216 (“Bovik
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`Rebuttal Report”), which contains excerpts from the “Rebuttal Expert Report of
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`Alan Bovik, Ph.D. regarding Validity of U.S. Patent Nos. 7,779,011 and 7,937,394,”
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`submitted in the ITC Investigation on July 25, 2018. I have personal knowledge of
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`the facts set forth in this declaration, and, if called to testify as a witness, could and
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`would do so competently.
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`8.
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`The Bovik Rebuttal Report is a true and accurate copy of redacted
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`excerpts from the full document titled, “Rebuttal Expert Report of Alan Bovik,
`
`Ph.D. regarding Validity of U.S. Patent Nos. 7,779,011 and 7,937,394.” The
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`excerpts have been redacted to remove confidential business information.
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`9.
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`The original document is titled “Rebuttal Expert Report of Alan
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`Bovik, Ph.D. regarding Validity of U.S. Patent Nos. 7,779,011 and 7,937,394” and
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`included 85 pages.
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`10. The excerpts comprised in the Bovik Rebuttal Report contain the cover
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`page, page 1, and pages 76-81 of the full Rebuttal Expert Report of Alan Bovik,
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`Ph.D. regarding Validity of U.S. Patent Nos. 7,779,011 and 7,937,394.
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`11. As noted in the footer, the original document included highly
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`confidential attorneys’ eyes only information of the parties to the ITC
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`Investigation. The Bovik Rebuttal Report contains no confidential information.
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`All highly confidential attorneys’ eyes only information has been redacted from the
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`Bovik Opening Report.
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`12. Additionally, I submit this declaration to provide supplemental
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`evidence regarding the exhibit labeled as Ex. 1027, Ex. 1127, or Ex. 1227 (“Bovik
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`Transcript”), which is a true and correct copy of Excerpts from the August 7, 2018,
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`Deposition Transcript of Dr. Alan C. Bovik in the ITC Investigation.
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`
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`13. The excerpts comprised in the Bovik Transcript contain pages 1-4, 65-
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`84, 157-172, 225-232, and 281-300 of the full August 7, 2018, Deposition Transcript
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`of Dr. Alan C. Bovik.
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`14. As noted in the header, the original document included highly
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`confidential source code, attorneys’ eyes only information, and confidential
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`business information of the parties to the ITC Case. The Bovik Transcript contains
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`no confidential information. All highly confidential attorneys’ eyes only
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`information has been redacted from the August 7, 2018, Deposition Transcript of
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`Dr. Alan C. Bovik.
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`15. Additionally, I submit this declaration to provide supplemental
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`evidence regarding the exhibit labeled as Ex. 1017, Ex. 1117, or Ex. 1217,
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`(“Markman Order”), which contains “Order No. 41: Construing Certain Terms of
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`the Asserted Claims of the Patents at Issue (Markman Claim Construction),” issued
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`in the ITC Investigation on October 15, 2018. I have personal knowledge of the
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`facts set forth in this declaration, and, if called to testify as a witness, could and
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`would do so competently.
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`16. The Markman Order is a true and accurate copy of the full document
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`titled, “Order No. 41: Construing Certain Terms of the Asserted Claims of the
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`Patents at Issue (Markman Claim Construction).” The Markman Order contains no
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`confidential information.
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`
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`17. Additionally, I submit this declaration to provide supplemental
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`evidence regarding the exhibit labeled as Ex. 1018, Ex. 1118, or Ex. 1218,
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`(“Markman Hearing Transcript”), which is a true and correct copy of the October 6,
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`2018, Transcript of a teleconference with the Administrative Law Judge in the ITC
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`Investigation. I have personal knowledge of the facts set forth in this declaration,
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`and, if called to testify as a witness, could and would do so competently. The
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`Markman Hearing Transcript contains no confidential information.
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`18. All of the statements made in this declaration of my own knowledge
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`are true. All statements made based on information and belief are believed to be
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`true. Further, these statements are made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under § 1001 of Title 18 of the United States Code.
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`Date: November 12, 2018
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`Signature:
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`/ Daniel R. McNeely /
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`
`
`Daniel R. McNeely
`
`
`
`
`
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