UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`HEALTH CARE LOGISTICS, INC.
`Petitioner,
`v.
`KIT CHECK, INC.
`Patent Owner
`_________________________
`Case IPR. No. Unassigned
`U.S. Patent No. 9,367,665
`Title: MANAGEMENT OF PHARMACY KITS
`_________________________
`
`PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 9,367,665
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Page 1 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`_______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`HEALTH CARE LOGISTICS, INC.
`Petitioner,
`v.
`KIT CHECK, INC.
`Patent Owner
`_________________________
`Case IPR. No. Unassigned
`U.S. Patent No. 9,367,665
`Title: MANAGEMENT OF PHARMACY KITS
`_________________________
`
`PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 9,367,665
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Page 1 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`I, Behbood Ben Zoghi, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained by Petitioner, Health Care Logistics, Inc., relative to its Petitions for
`
`inter partes review of U.S. Patent No. 8,990,099 (“the ’099 Patent”); U.S. Patent No.
`
`9,058,412 (“the ’412 Patent); U.S. Patent No. 9,058,413 (“the ’413 Patent); U.S. Patent
`
`No. 9,367,665 (“the ’665 Patent”); and U.S. Patent No. 9,805,169 (“the ’169 Patent”). I
`
`am being compensated at an hourly rate of $300/hour for time spent preparing this
`
`Declaration. My compensation is not contingent on the outcome of the matter for which
`
`this Declaration was prepared. I have no financial interest in this matter.
`
`2.
`
`In preparation for this Declaration, I have read and become familiar with the nature of the
`
`subject matter described and claimed in the ’099, ’412, ’413, ’665, and ’169 Patents and
`
`of the other documents identified in this Declaration.
`
`3.
`
`I have been informed that the earliest priority date of any of the ’099, ’412, ’413, ’665,
`
`and ’169 Patents is August 2, 2011.
`
`4.
`
`I have personal knowledge of the facts stated in this Declaration, and unless stated
`
`otherwise herein, and I would testify truthfully to those facts if called as a witness.
`
`5. Due to my education and the extensive relevant experience as summarized in Section II
`
`below and further demonstrated in the attached curriculum vitae (HCL-1004), I have
`
`personal knowledge of what would have been obvious to a person of ordinary skill in the
`
`art in the August 2011 timeframe.
`
`Page 2 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`II.
`
`BACKGROUND AND QUALIFICATIONS
`
`6.
`
`I received a B.S. degree in Electrical Engineering from Seattle University in 1982 as
`
`well as a M.S. degree in Electrical Engineering from The Ohio State University in 1986
`
`and a Ph.D. in Bioengineering/Electrical Engineering from Texas A&M University in
`
`1993. Attached to this Expert Report, as HCL-1004, is a true and correct copy of my
`
`curriculum vitae.
`
`7. From 1999 to the present I have been a tenured professor at Texas A&M, where I have
`
`taught various courses in Electronics Engineering Technology, among others. I am the
`
`Victor H. Thompson Professor of Electronic Systems, as well as Director of Master of
`
`Engineering Technical Management.
`
`8.
`
`I have taught senior level students at Texas A&M about RFID systems.
`
`9.
`
`I have also served as Director of the RFID Oil & Gas Solution group consortium, and
`
`currently serve as the Director of the Texas A&M RFID/Sensor Technology Lab.
`
`10. I have led various research projects involving RFID technology, including, but not
`
`limited to, projects analyzing RFID solutions for various applications in the railroad,
`
`automotive traffic, oil & gas, library, cargo security, and inventory management
`
`industries. Many of these projects occurred prior to August 2011.
`
`11. I am co-author on a book titled “RFID APPLICATIONS AND CASES” that was published in
`
`December 2010.
`
`12. I have written numerous journal publications and white papers regarding various
`
`applications of RFID technology.
`
`13. I have presented at many conferences and seminars, including numerous presentations at
`
`RFID Journal conferences both nationally and internationally.
`
`Page 3 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`III.
`
`BASICS OF RFID TECHNOLOGY
`
`14. Radio-frequency identification (RFID) technology is based generally on the use of
`
`electromagnetic fields to remotely read special (RFID) tags that can be attached to various
`
`items.
`
`15. A basic RFID system consists of the following three components: (1) one or more RFID
`
`tags; (2) a reader; and (3) enterprise (e.g., “back end”) software. Such a system is
`
`schematically illustrated below:
`
`Tags
`
`Reader
`
`Host Computer
`with Enterprise
`Software
`
`16. RFID systems like those described in ¶ 15 above were well known and widely used
`
`significantly prior to August 2, 2010. In fact, I am personally aware that such RFID
`
`systems were known and in use at least as early as 2001.
`
`17. RFID tags generally consist of three basic components:
`
`a. Microchip: stores data related to the object to which the tag is attached. Data may
`
`be programmed at the point of manufacture by the factory, or by the end user (“field
`
`programming”).
`
`b. Receiver: receives information/power from the reader (or “interrogator”).
`
`c. Transmitter: sends information back to the reader.
`
`18. RFID tags are sometimes also referred to as “transponders.”
`
`19. Information stored on an RFID tag can range from as little as an identification number, to
`
`kilo-bytes of data.
`
`Page 4 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`20. RFID tag data stored on the microchip usually contains unique identification information
`
`referred to as an “Electronic Product Code” (EPC) that allows RFID tags to be used to
`
`uniquely identify different items that to which they are attached.
`
`21. The unique identification number may also be used to relate a particular item bearing a
`
`particular RFID tag with information stored in one or more databases.
`
`22. An RFID tag may also contain additional information such as, but certainly not limited to,
`
`item history, manufacturer, age of equipment, expiration, etc.
`
`23. RFID tags may be “passive,” “active,” or “semi-passive.” Passive tags do not contain an
`
`onboard power source. In order to operate they harness the energy received from the reader
`
`(or “interrogator”). They only transmit information when the RF energy received from the
`
`reader activates their internal circuitry.
`
`24. In a passive system, an RFID tag is typically activated or interrogated by a reader using an
`
`antenna, which may be a separate component or may be integrated into the reader.
`
`25. Active RFID tags, on the other hand, have onboard power and transmit information as long
`
`as their power source allows.
`
`26. Semi-passive tags have an onboard power supply, but communicate using backscatter.
`
`27. The information on an RFID tag can be transferred to a reader wirelessly from a distance.
`
`Thus, a transfer of data from an RFID tag does not require the reader to be present in the
`
`line of sight of the tag.
`
`28. It was understood in the art well before August 2, 2010, that another advantage of RFID
`
`technology over other known technology, such bar code systems, is that RFID technology
`
`allows a single reader to read multiple RFID tags at the same time, thereby significantly
`
`hastening the scanning process and the subsequent processing of the RFID tag data.
`
`Page 5 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`29. A reader of an RFID system can either filter all of the data received from one or more RFID
`
`tags or directly transfer all of said data to a host system, which runs an enterprise software
`
`application.
`
`30. Enterprise software may place a diverse role in an RFID system, from filtering the
`
`percolated tag data further, to making rule-based decisions, generating notifications,
`
`maintaining a comprehensive database for each asset, passing on tag information to other
`
`business applications, etc. In short, enterprise applications can be configured to process
`
`RFID tag data in many different ways, depending on the application, in order to produce
`
`meaningful decision-making outputs.
`
`31. Depending on the industry, enterprise software may be “Warehouse Management
`
`Software” (“WMS”) that is used by companies to manage and track inventory.
`
`32. Depending on the industry, enterprise software may have kitting functionality that is usable
`
`to manage/inventory/verify kits of items, such as but not limited to, verifying whether or
`
`not all of some expected number and/or type of items are present in a given kit.
`
`33. I am personally aware that well before August 2, 2010, at least Globeranger Corporation
`
`and Shipcom Wireless (both based in Texas) produced enterprise software that had the
`
`ability to process passive RFID tag data for use in a warehousing or kitting environment.
`
`34. I am personally familiar with the capabilities of the enterprise software applications
`
`referenced in ¶ 33 as they existed at a time before August 2, 2010.
`
`35. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of tracking the number of items in a given inventory.
`
`Page 6 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`36. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of identifying when an amount of items in inventory meet
`
`a preset threshold amount.
`
`37. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of tracking item expiration information (e.g., expiration
`
`dates).
`
`38. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of identifying classes and/or categories of items.
`
`39. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of identifying relationships between items in inventory
`
`such that one item could be identified by the software as an alternate/equivalent/substitute
`
`for another item.
`
`40. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of determining whether a particular item is present or
`
`missing from a given inventory.
`
`41. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of querying information pertaining to one or more items,
`
`which may include querying a database containing information about the one or more
`
`items.
`
`42. I am personally aware that, prior to August 2, 2010, the enterprise software applications
`
`referenced in ¶ 33 were capable of working with a template/list/bill of materials to establish
`
`predetermined requirements for a given inventory, and comparing an actual inventory as
`
`Page 7 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`Page 8 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R §§ 42.6(e) and 42.105, I certify that on this 30th day
`
`of November, 2018, I caused to have served a copy of this POWER OF
`
`ATTORNEY by Federal Express Next Business Day Delivery on the following
`
`addresses for patent owner(s) and their representatives that are listed in the
`
`United States Patent and Trademark Office’s public records:
`
`Kit Check, Inc.
`1875 Connecticut Ave. NW #300
`Washington, DC 20009
`
`Knobbe Martens Olson & Bear LLP
`2040 Main St.
`14th Floor
`Irvine, CA 92614
`
`/Beverly A. Marsh/
`Beverly A. Marsh (Reg. No. 62,302)
`STANDLEY LAW GROUP LLP
`6300 Riverside Dr.
`Dublin, OH 43107
`(614) 792-5555 (telephone)
`(614) 792-5536 (fax)
`
`Page 9 of 9
`
`Health Care Logistics, Inc.
` Exhibit 1003
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
