UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`____________
`
`Case No. IPR2020-00905, IPR2020-00906
`____________
`
`DECLARATION OF ERAN KALI
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 1
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`____________
`
`Case No. IPR2020-00905, IPR2020-00906
`____________
`
`DECLARATION OF ERAN KALI
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 1
`
`
`
`I, Eran Kali, do hereby declare as follows:
`
`1.
`
`I am a co-founder of and the Vice President of Sales and Licens-
`
`ing for Corephotonics, Ltd. (“Corephotonics”), the Patent Owner in these pro-
`
`ceedings.
`
`2.
`
`I make this declaration on the basis of personal knowledge, and
`
`if called and sworn as a witness, I could and would testify as set forth herein.
`
`3.
`
`I am familiar with Corephotonics’ business and with the matters
`
`discussed in this declaration.
`
`Corephotonics’ Business
`
`4.
`
`I co-founded Corephotonics in 2012 to develop the next genera-
`
`tion of mobile phone cameras.
`
`5.
`
`In 2012, Corephotonics developed an innovative dual-aperture
`
`camera system that uses two fixed-focal length lenses, one being a wide-angle
`
`lens, and the other being a miniature telephoto lens. Through the use of imag-
`
`ing data from two cameras to produce a single image, Corephotonics’ tech-
`
`nology offered enormous improvements over conventional camera systems
`
`for smartphones in both optical resolution and image zoom performance. At
`
`the time, single-aperture camera systems were typical, and zoom functionality
`
`1
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 2
`
`
`
`on phones with single-aperture cameras was achieved by digitally manipulat-
`
`ing the image data captured by the camera to generate a “zoomed” photo.
`
`6.
`
`A significant drawback to the conventional technique was that
`
`the “zoomed” photo had poor image resolution (because, essentially, the
`
`smartphone’s processor and software was just magnifying a portion of a cap-
`
`tured image to approximate the effect of a zoomed-in image). With Corepho-
`
`tonics’ dual-camera system, the second telephoto camera provides much
`
`higher optical resolution than the first wide angle camera, and the imaging
`
`data from the telephoto camera can be combined with imaging data from the
`
`wide angle camera to create an effectively greater level of zoom without de-
`
`grading image quality.
`
`7.
`
`Corephotonics also developed an image processing techniques
`
`for video that minimized the transition jump (e.g., in recorded video or in a
`
`camera viewfinder) in a video stream when the video switched between one
`
`camera and another during zooming up or down. Corephotonics also devel-
`
`oped, for still images, an image fusion technique that combined image data
`
`from two cameras to create an improved, higher quality, and higher resolution
`
`image than would otherwise be possible with one camera.
`
`2
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 3
`
`
`
`8.
`
`Corephotonics now employs 80 staff, the majority of whom are
`
`engineers, scientists, and technologists, who continue to develop Corephoton-
`
`ics’ innovative camera technologies for mobile devices and explore new ap-
`
`plications for its technologies.
`
`9.
`
`Currently, Corephotonics’s core technologies can be divided into
`
`six categories: (1) tele camera optics; (2) folded camera optics; (3) folded
`
`camera actuation and optical image stabilization; (4) image fusion between
`
`multiple imagers; (5) depth mapping, (6) smooth camera transition; and (7)
`
`collapsible compact cameras allowing large sensors with compact form in
`
`smartphones. (not public). Public information about these technologies is
`
`available on Corephotonics’s website, at https://corephotonics.com/inven-
`
`tions/ (accessed Jan. 27, 2021):
`
`
`
`3
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 4
`
`
`
`10. Corephotonics has filed for and received numerous patents for its
`
`advanced lens designs, multi-camera systems, and optical image processing
`
`techniques. Over 190 granted or allowed (in at least 8 countries) and over 160
`
`additional filed. Corephotonics today continues to develop multi-aperture
`
`camera and image processing technologies and has filed for and obtained pa-
`
`tents on those technologies as well.
`
`Corephotonics’ Technology Widely-Recognized as
`Innovative and Valuable
`11. Part of Corephotonics’ business involves the licensing of its tech-
`
`nology to customers in mobile device/smart phone space. Since 2014, Core-
`
`photonics has successfully licensed its technology to numerous smartphone
`
`OEMs and component manufacturers.
`
`12.
`
`
`
`
`
`13.
`
`In 2015-2016, Corephotonics signed technology licenses with
`
`multiple companies, including:
`
`; (2) Samsung Electro-Mechan-
`
`ics Co., Ltd. (“SEMCO”); (3) OPPO Mobile Telecommunications Corp., Ltd.
`
`(“OPPO”), a leading handset designer and manufacturer based in China; (
`
`
`
`4
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 5
`
`
`
`
`
`
`
`
`
`
`
`14.
`
`In 2017, Corephotonics signed licenses with many more OEMs
`
`and phone manufacturers, including:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`15.
`
`
`
`5
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 6
`
`
`
`16.
`
`In 2019, Corephotonics was acquired by Samsung Electronics
`
`Benelux BV for approximately $155m.
`
`Apple’s Efforts to License Corephotonics’ Technology
`
`17. Apple Inc., whom I understand is the Petitioner in this proceed-
`
`ing, had a years-long relationship with Corephotonics which started in early
`
`2012. This included a prolonged chapter of intense technology exchanges dur-
`
`ing 2013-2014 and at least two cycles of explicit licensing negotiation in 2014
`
`and again in 2016. Corephotonics spent years demonstrating its technologies
`
`to Apple and discussing potential business arrangements.
`
`18. As part of that years-long process, Corephotonics provided
`
`highly confidential technical information and device samples to Apple, in-
`
`cluding, for example, “black box” simulation programs for testing and ana-
`
`lyzing Corephotonics’ lens performance and imaging algorithms. An
`
`elaborate suite of tests was mutually composed by Apple and Corephotonics
`
`specifically to test Corephotonics’ image fusion and smooth transition algo-
`
`rithms and techniques. Apple was initially skeptical of the compliance of such
`
`techniques to smartphone usability (see Exhibit 2008, Graham Townsend’s
`
`reference to “fierce debate what is permissible for an Apple product”) but
`
`6
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 7
`
`
`
`ultimately used fusion and smooth transition in all zoom dual camera iPhones
`
`fromiPhone 7+ to most recent iPhone 11 models.
`
`19. Between 2012 and 2017, Apple and Corephotonics had numer-
`
`ous meetings, calls, and communications to discuss Corephotonics’s technol-
`
`ogies. I provide below a small sample of the communications Apple and
`
`Corephotonics had.
`
`20. On May 23, 2013, an Apple engineer,
`
`, emailed Core-
`
`photonics and expressed interest in learning more about Corephotonics’s tel-
`
`ephoto lens for a dual-aperture camera system and associated software
`
`algorithms. A true and correct copy of that email is attached as Exhibit 2011.
`
`A second email from
`
` followed that same day, a true and correct copy
`
`of which is attached as Exhibit 2012.
`
`21.
`
`In June 2014, in advance of a meeting with Apple engineers and
`
`executives, Corephotonics provided a confidential presentation to Apple pro-
`
`posing to Apple to license its “fusion technology along with additional com-
`
`ponents related to zoom.” A true and correct copy of that presentation is
`
`attached as Exhibit 2006. At this early stage “fusion technology” was a blan-
`
`ket term for the dual camera imaging software including both still image
`
`7
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 8
`
`
`
`fusion and the smooth transition technologies which were deeply evaluated
`
`by Apple by this stage.
`
`22.
`
`In August 2014, an Apple executive sent an email requesting a
`
`list of items from Corephotonics, including Corephotonics’s code for image
`
`fusion technologies. A true and correct copy of an email chain containing that
`
`email is attached as Exhibit 2007.
`
`23.
`
`In March 2015, in the context of technical discussions between
`
`Apple and Corephotonics, Corephotonics provided a Dropbox link to Apple
`
`that contained videos demonstrating Corephotonics’s smooth transition tech-
`
`nology. Apple responded by saying, “We’ll have a close look at the transition
`
`and get back to you.” A true and correct copy of this email exchange is at-
`
`tached as Exhibit 2008.
`
`24.
`
`In December 2015, Corephotonics sent an email to Apple that
`
`summarized the parties’ years of discussions and Corephotonics’s intellectual
`
`property. A true and correct copy of that email is attached as Exhibit 2009.
`
`25.
`
`
`
`:
`
`8
`
`
`
`
`
`
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 9
`
`
`
`
`
`
`
`is attached as Exhibit 2010.
`
`26. Apple was interested in our image fusion technology very early
`
`on. For example, in June 2013, Gal Shabtay (who was Corephotonics’ Vice
`
`President of R&D) visited Apple’s facilities to demonstrate our dual camera
`
`technologies. The main contact in this meeting from Apple’s side was
`
`
`
` which took a key role at the time in assessing Corephotonics’s technol-
`
`ogies. During this meeting,
`
` inquired about Corephotonics telephoto
`
`lens designs, and Mr. Shabtay presented information which
`
`
`
`The discussion at this meeting
`
`covered the lens layout, optical performance, and lens manufacturability is-
`
`sues of Corephotonics’s telephoto lens designs. In addition, an email chain
`
`between Corephotonics and Apple following that visit is attached as Exhibit
`
`2018. In one email, an Apple engineer says: “we are interested in evaluating
`
`your image fusion algorithms in more depth.”
`
`27. We provided technical samples of our image fusion technology
`
`to Apple in early July. A true and correct copy of an email exchange with
`
`9
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 10
`
`
`
`Apple about those samples is attached as Exhibit 2019. After receiving ex-
`
`amples of fused images, an Apple engineer stated: “the Corephotonics images
`
`blend the wide and tele camera image data very smoothly.”
`
`28. Exhibit 2020 is a true and correct copy of another email chain
`
`between Apple and Corephotonics’s technical teams discussing Apple’s eval-
`
`uation of our image fusion algorithms.
`
`29. Exhibit 2021 is a true and correct copy of a signed Technology
`
`Evaluation Agreement (between Corephotonics and Apple) from September
`
`2013,
`
`. We sent those over to Apple on Sep-
`
`
`
`tember 19, 2013, which is shown in Exhibit 2022, a true and correct copy of
`
`an email chain between Apple and Corephotonics.
`
`
`
`
`
`
`
` In addition, a clear focus of discussions with us and Apple was,
`
`from as early as 2013, how Corephotonics’s telephoto lens design achieved
`
`low TTL relative to high EFL.
`
`30. Exhibit 2023 is a true and correct copy of an email from a high
`
`level Apple camera engineer to Corephotonics after Apple’s technical team
`
`10
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 11
`
`
`
`presented Corephotonics’ technologies to Apple’s executives. He says: “We
`
`had a very positive meeting with company executives on Monday. We showed
`
`our results and your module to people in charge of software, hardware, prod-
`
`uct design and industrial design and there was a very clear message that this
`
`is something we want to continue to investigate.”
`
`31. Talks between Apple and Corephotonics essentially broke down
`
`in late 2016. When Apple announced its iPhone 7 line of phones in the Fall of
`
`2016, among the key features of those phones (which the previous iPhone
`
`generation did not have) was the use of a dual-camera system. We were dis-
`
`appointed to Apple’s developer notes for the iPhone 7 series touting what was,
`
`essentially, the image fusion technology that Corephotonics had been showing
`
`to Apple for years: “iPhone 7 and 7 Plus’s wide angle cameras both support
`
`OIS. These cameras use a combination of optical stabilization and software
`
`multi-image fusion to deliver the best possible still images in low light.”
`
`https://developer.apple.com/forums/thread/63347.
`
`32.
`
`In signing this declaration, I understand that the declaration will
`
`be filed as evidence in proceedings before the Patent Trial and Appeal Board
`
`of the United States Patent and Trademark Office. I acknowledge that I may
`
`be subject to cross-examination in the case and that cross-examination will
`
`11
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 12
`
`
`
`take place within the United States. If cross-examination is required of me, I
`
`will appear for cross-examination within the United States during the time
`
`allotted for cross-examination.
`
`33.
`
`I declare under penalty of perjury under the laws of the United
`
`States of America that the foregoing is true and correct and that all statements
`
`made herein of my knowledge are true and that all statements made on infor-
`
`mation and belief are believed to be true; and further, that these statements
`
`were made with knowledge that willful false statements and the like so made
`
`are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001.
`
`
`
`DATED:
`
`February 4, 2021
`
`/s/ Eran Kali
`
`12
`
`APPLE V COREPHOTONICS
`IPR2020-00905
`Exhibit 2013
`Page 13
`
`
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
