UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`UNIFIED PATENTS, LLC,
`Petitioner,
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`v.
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`INTERDIGITAL VC HOLDINGS, INC.,
`Patent Owner.
`
`
`Case No. IPR2021-00102
`U.S. Patent No. 8,363,724
`
`
`
`DECLARATION OF ROBERT LOUIS STEVENSON, PH.D. REGARDING
`PATENT OWNER PRELIMINARY RESPONSE FOR INTER PARTES
`REVIEW OF U.S. PATENT NO. 8,363,724
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`Interdigital Exhibit 2001
`Unified Patents v. Interdigital
`IPR2021-00102
`Page 1 of 19
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`UNIFIED PATENTS, LLC,
`Petitioner,
`
`v.
`
`INTERDIGITAL VC HOLDINGS, INC.,
`Patent Owner.
`
`
`Case No. IPR2021-00102
`U.S. Patent No. 8,363,724
`
`
`
`DECLARATION OF ROBERT LOUIS STEVENSON, PH.D. REGARDING
`PATENT OWNER PRELIMINARY RESPONSE FOR INTER PARTES
`REVIEW OF U.S. PATENT NO. 8,363,724
`
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`Interdigital Exhibit 2001
`Unified Patents v. Interdigital
`IPR2021-00102
`Page 1 of 19
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`Case No. IPR2021-00102
`Patent No. 8,363,724
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`TABLE OF CONTENTS
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`I.
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`II.
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`Introduction ..................................................................................................... 1
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`Qualifications .................................................................................................. 1
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`III. Materials Considered ...................................................................................... 3
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`IV. Overview of Petition ....................................................................................... 4
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`V. Virtual Reference Pictures are Not Synonymous with Synthesized
`Pictures ............................................................................................................ 5
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`1.
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`Virtual Reference Pictures .......................................................... 6
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`a.
`
`b.
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`Golden Frames ................................................................. 6
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`Detail-Obscured Frames ................................................. 10
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`B.
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`Synthesized Pictures ........................................................................... 11
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`1. Multi-View Video ..................................................................... 11
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`2.
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`3.
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`“Synthesized” Picture Frames Are Created To Provide
`Additional Viewpoints For Multi-View Videos ....................... 12
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`Synthesized Reference Pictures Are Not Virtual
`Reference Pictures .................................................................... 14
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`C.
`
`D.
`
`Petitioner Incorrectly Assumes Virtual Reference Pictures Are
`“Also Known As Synthesized Reference Pictures” ............................ 15
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`Petitioner Incorrectly Asserts that Xin’s Synthesized Pictures
`Are Not And Cannot Be Used As Part of The Multi-Video
`Display ................................................................................................ 16
`
`
`
`i
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`Interdigital Exhibit 2001, Page 2 of 19
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`I, Dr. Robert Louis Stevenson, hereby declare as follows:
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`Case No. IPR2021-00102
`Patent No. 8,363,724
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`
`I.
`
`Introduction
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`1. My name is Robert Louis Stevenson. I have been retained in the
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`above-referenced inter partes review proceeding by InterDigital VC Holdings,
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`Inc., to evaluate United States Patent No. 8,363,724 (the “’724 patent”) against
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`certain references that are presented by the Petitioner. As detailed in this report, it
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`is my opinion that the Petition does not establish that of the challenged claims are
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`anticipated or rendered obvious by the references presented by the Petitioner. If
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`requested by the Patent Trial and Appeal Board, I am prepared to testify at trial
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`about my opinions expressed herein.
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`II. Qualifications
`2.
`
`I have over thirty-five years of experience in the field of electrical
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`engineering, spanning a variety of positions in academia and industry. For the past
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`thirty years I have held a faculty position in the Department of Electrical
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`Engineering at the University of Notre Dame. I am presently the Associate Chair
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`of the department. In my work and research, I have researched and written about
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`video coding, multimedia compression, video enhancement, and other topics in
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`video and image processing.
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`3.
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`I studied electrical engineering at the University of Delaware and
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`Purdue University. I received my B.S.E.E. in 1986, and my Ph.D. in 1990. In 1990
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`1
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`Interdigital Exhibit 2001, Page 3 of 19
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`Case No. IPR2021-00102
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`Patent No. 8,363,724 Patent No. 8,363,724
`I joined the faculty of the University of Notre Dame. From 1990 to present I held
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`a number of positions there, beginning as an Assistant Professor and then being
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`promoted to Associate Professor, Professor and ultimately Associate Chair of the
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`Department. During this time I also held a Professorship in the Department of
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`Computer Science and Engineering.
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`4.
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`I have authored or co-authored dozens of publications in the areas of
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`multimedia coding and compression, multimedia communications, and video and
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`image processing
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`including articles
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`in
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`technical
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`journals and referenced
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`conference presentations. My publications and patents are listed on my curriculum
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`vitae, which is attached hereto as EX2004.
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`5.
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`As a result of my background in multimedia coding and compression,
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`I have extensive knowledge regarding the state of the technical art in this area at
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`the time of the filing of the ‘724 patent. I wrote many papers on video and image
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`coding and multimedia systems.
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`6.
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`One of my papers was cited and relied upon by Petitioner and its
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`declarant LeGall. (Pet., 7-9; EX1005, 26-28) Specifically, I am a co-author of Ex.
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`1008, an article titled “Error Resilient Video Coding Using Virtual Reference
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`Picture” which was published in the Proceedings of the SPIE/IS&T Conference on
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`Image and Video Communications and Processing 2005, San Jose, CA, at pp.
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`896–903.
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`2
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`Interdigital Exhibit 2001, Page 4 of 19
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`III. Materials Considered
`7.
`
`In preparing this declaration, I have reviewed the specification and
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`claims of U.S. Patent No. 8,363,724 (“’724 patent” (EX1001)) and the file history
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`of the ’724 patent (EX1013). I understand that the ’724 patent was issued on
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`January 29, 2013 from U.S. Patent Application No. 12/309,066, which is a
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`national stage application of International Application No. PCT/US2007/015719,
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`which claims priority to U.S. Provisional Application No. 60/830,195, which was
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`filed on July 11, 2006. (EX1001).
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`8.
`
`I have also reviewed the Petition, declaration of Didier J. LeGall
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`(EX1005), and all publications and exhibits cited in the Petition and declaration of
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`Didier J. LeGall including:
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`• US. Patent Application Publication No. 2006/0146138 (“Xin” (EX1003));
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`• Didier Legall, “MPEG: A Video Compression Standard for Multimedia
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`Applications,” Communications of the ACM, vol. 34, no. 4, April 1991
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`(“LeGall” (EX1004));
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`• European Patent 2278816 (“Lim” (EX1006));
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`• U.S. Patent Application Publication No. 2002/0071485
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`(“Calgar”
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`(EX1007));
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`3
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`Interdigital Exhibit 2001, Page 5 of 19
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`Patent No. 8,363,724 Patent No. 8,363,724
`• Guanjun Zhang and Robert L. Stevenson, “Error resilient video coding using
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`virtual
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`reference picture,” Proc. SPIE 5685,
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`Image and Video
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`Communications and Processing 2005 (“Zhang” (EX1008));
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`• U.S. Patent 7,292,636 (“Haskell” (EX1009)); and
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`• K. Yamamoto et al., “Multiview Video Coding Using View Interpolation
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`and Color Correction,” IEEE Transactions on Circuits and Systems for
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`Video Technology, vol. 17, no. 11, pp. 1436-1449, Nov. 2007 (“Yamamoto”
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`(EX1014)).
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`9.
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`I have also reviewed relevant parts of the publications and exhibits
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`cited in this declaration, including the following publications:
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`• Wien, Mathias, “High Efficiency Video Coding”, Signals and
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`Communication Technology, Springer 2015 (“Wein” (EX2002));
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`• Smolic,
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`Interactive 3-D Video Representation and Coding
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`Technologies, Proceedings of the IEEE, Vol. 93, No. 1, January 2005
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`(“Smolic” (EX2003));
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`
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`IV. Overview of Petition
`10.
`
`I understand the Petition alleges asserts the following Grounds:
`
`Ground
`I
`
`References Basis
`Xin
`§ 102
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`Challenged Claims
`1-3, 9, 15, 19-22, 28, 34, 38-41, 47, 53,
`56-59, 65, 71, and 74
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`4
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`Interdigital Exhibit 2001, Page 6 of 19
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`
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`II
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`III
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`Xin
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`§ 103
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`Xin and
`LeGall
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`§ 103
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`Case No. IPR2021-00102
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`Patent No. 8,363,724 Patent No. 8,363,724
`1-3, 7, 8, 12, 15, 19-22, 26, 28, 31, 34,
`38-41, 45, 47, 50, 53, 56-59, 63, 65, 68,
`71, and 74
`4, 8, 10, 11, 23, 27, 29, 30, 42, 46, 48, 49,
`60, 64, 66, and 67
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`11.
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`In each Ground, the Petition relies solely on Xin (EX1003) as teaching
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`the “virtual reference picture” limitations required in each challenged claim,
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`including the claimed use of a “virtual reference picture” and the claimed storing
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`of the “virtual reference picture … in a decoded picture buffer that also stores non-
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`virtual reference pictures.” (E.g., Pet., 24-27, 63, 69, 71).
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`12. The Petition asserts that a person of ordinary skill in the art (“POSA”)
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`at the time of the invention of the ‘724 patent (July 11, 2006) would have had at
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`least the equivalent of a Bachelor’s degree in electrical engineering, computer
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`engineering, computer science, or a related subject and two or more years of
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`experience in relevant fields. (Pet., 13). I meet and exceed the qualifications of the
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`POSA.
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`
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`V. Virtual Reference Pictures are Not Synonymous with
`Synthesized Pictures
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`13. The Petition raises two distinct concepts that can be used in creating a
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`compressed video sequence: (1) the use of a virtual reference picture to compress
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`and decompress digital video data, which is the subject of the challenged ’724
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`5
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`Interdigital Exhibit 2001, Page 7 of 19
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`Patent; and (2) the use of a synthetic picture and reference picture to create and
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`transmit video images that were not actually captured by a video camera, which is
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`the subject of the Petition’s primary reference, Xin. (Pet., 5-9, 15-22).
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`1.
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`Virtual Reference Pictures
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`14. As I noted above, I meet and exceed the POSA, and I understand
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`virtual reference pictures to be picture data that is not designed for use as a frame
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`of a video, rather its only purpose is to serve as a reference frame (See also,
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`EX1008, 897-898). Such picture frames are not frames of a displayed video
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`sequence and often contain picture content that has undesirable artifacts by design
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`which render them unsuitable for display purposes. Examples of virtual reference
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`pictures include golden frames and detail-obscured frames, which are explained in
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`the following sections.
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`a. Golden Frames
`15. One example of a virtual reference picture is a “golden frame.” A
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`golden frame is created solely as a reference picture; it includes high-quality pixel
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`information, but is not itself a picture frame from the video and is not available for
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`inclusion as a frame of the video. Rather, when the golden frame is created by the
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`encoder and transmitted to the decoder, it includes an indication that the golden
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`frame is not available for display in the output video.
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`6
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`Interdigital Exhibit 2001, Page 8 of 19
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`16. To better understand a “golden frame” and its benefits, first consider a
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`compression approach that does not use a “golden frame.” In this example, a
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`video scene has a static background and a dynamic foreground, such as a video of
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`a ball (foreground) moving across a landscape (background). As the ball moves
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`across the scene from frame-to-frame the ball covers a portion of the background
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`and reveals another portion of the background that was previously covered. If a
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`video compression scheme used adjacent frames as (non-virtual) reference frames
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`(as in the foregoing eye blinking example), then the portion of the background that
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`was previously covered would not be included in the reference frame and would
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`therefore need to be included in the residual (along with motion information for
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`the ball “block”). This concept is illustrated below. As shown, if the first picture
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`serves as a reference picture for the second picture then the residual contains the
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`information for the background that the ball was obscuring in the first frame.
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`Depending on the specific compression technology used, the residual may also
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`include some additional information, which is ignored here for the purposes of
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`illustrating the concept of a golden frame.
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`7
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`Interdigital Exhibit 2001, Page 9 of 19
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`17. But instead of using the first picture as a reference frame, greater
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`compression could be achieved by using a virtual reference frame. Specifically, a
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`picture frame could be created comprising solely the static background of the
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`scene, with no foreground. Because this “golden frame” contains the complete
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`background information, the portion of the background that was previously
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`covered by the ball from one frame to the next would be available in the golden
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`frame. As a result, as illustrated below this information would not be required to
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`be included in the residual, and the compression of the video using a golden frame
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`is more efficient than using merely the adjacent frames for prediction.
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`8
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`Interdigital Exhibit 2001, Page 10 of 19
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`18. But although this “golden frame” is created for use as a reference
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`picture, it is not available for inclusion as a video frame in the displayed video
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`itself. Continuing our example from above, in the displayed video, the ball is
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`always present in the foreground in the video; in contrast, the golden frame
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`contains only background and cannot be displayed as part of the video because it
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`is missing the required ball image. To this end, when an encoder transmits a
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`golden frame to a decoder for use as a reference picture, the golden frame is
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`designated as not available for display in the output video.
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`19. Because this golden frame is created solely for purposes of serving as
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`a reference picture and is not available for display as a video frame of the video, it
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`is a virtual reference picture.
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`9
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`Interdigital Exhibit 2001, Page 11 of 19
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`b.
`20. A detail-obscured (or filtered) reference frame is another example of a
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`Detail-Obscured Frames
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`virtual reference picture, and is the subject of the article I co-authored with G.
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`Zhang (the “Zhang” article) and relied on in the Petition to explain virtual
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`reference pictures. (Pet., 7-8; EX1008).
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`21. As I explained in my article, certain transmission methods (such as
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`certain wireless transmissions) may be prone to introducing errors into the
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`compressed video file. (EX1008, 896). And because compression using motion
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`compensation encodes video information as changes or differences between
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`frames, small errors in a video sequence can lead to very large and noticeable
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`errors in the decoded output video. (EX1008, 896).
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`22. As described in my article, I investigated using virtual reference
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`pictures to address this problem, specifically the use of a detail-obscured or
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`filtered frame as a virtual reference frame in order to reduce the impact of errors in
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`the compressed data. (EX1008, 897-898). I described decoding several actual
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`frames of the transmitted video, then applying a filter to those frames, which
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`would in effect “obscure details” of content of the frames. (EX1008, 897-898).
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`The resulting detail-obscured frame is used as a virtual reference to predict the
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`next current frame. (EX1008, 897-898). The virtual reference picture appears to
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`include undesirable artifacts and is not suitable for viewing in a video, unlike non-
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`10
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`Interdigital Exhibit 2001, Page 12 of 19
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`virtual reference frames, which are actual video frames containing all the image
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`details to be displayed.
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`Synthesized Pictures
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`B.
`23. The Petition’s Xin reference does not concern or describe the use of
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`virtual reference pictures, but instead concerns a different and distinct concept,
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`synthesized pictures. Unlike virtual reference pictures, synthesized pictures (and
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`synthesized pictures that are used as reference pictures) are created so that they
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`may be displayed or made available for display as part of the video, specifically,
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`a multi-view video.
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`1. Multi-View Video
`24. Multi-view video refers to video sequences captured simultaneously
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`from multiple camera angles and represented in a single video stream. (EX2003,
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`99; EX1003, [0003]-[0005], [0036], [0067]-[0068]). Each camera angle or view
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`can be considered as a separate single-view video. (EX2003, 99; EX1003, [0003]-
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`[0005]). In other words, multi-view video is a collection of video formed from two
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`or more camera views. (EX2003, 99; EX1003, [0003]-[0005]).
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`25. Consider for example the below figure from Xin illustrating four
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`cameras pointed towards a common scene. Each camera is generating a video
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`from their respective viewing positions and angles. (EX1003, [0003]-[0005]; See
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`also, EX2003, 105-107). The video from each camera, or view, can be encoded,
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`11
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`Interdigital Exhibit 2001, Page 13 of 19
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`and the collection of encoded video is called a multi-view video. (EX1003,
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`[0003]-[0005]; See also, EX2003, 99, 105-107).
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`
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`26. Multi-view video can also be used for free viewpoint television
`
`(FTV), which is a system for allowing the user to interactively control the
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`viewpoint and generate new views of a dynamic scene from any 3D position.
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`(EX2003, 105-107; EX1003, [0003]).
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`2.
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` “Synthesized” Picture Frames Are Created To Provide
`Additional Viewpoints For Multi-View Videos
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`27. A synthesized picture frame is a picture frame created to provide an
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`additional camera angle for a multi-view video. (EX1003, [0036], [0067]). In
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`other words, instead of limiting the available views and angles for a multi-view
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`video to those created by actual cameras, synthesized picture frames are created to
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`provide additional angles and views. (EX1003, [0036], [0067]). These additional
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`12
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`Interdigital Exhibit 2001, Page 14 of 19
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`angles and views correspond to a non-existent camera, sometimes referred to as
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`virtual camera, and should not be confused with a virtual reference picture, which
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`is a different concept entirely.
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`28. Xin (EX1003) illustrates this in the figure below. Two videos (or
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`views) are acquired by two cameras 2 and 3 at respective viewing locations and
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`angles. (EX1003, [0067]; See also, EX2003, 99, 105-107). A third video can be
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`synthesized from the two acquired videos by, for example, interpolation, to create
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`a video appearing to be from the view of (non-existent) camera 800. (EX1003,
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`[0067]; See also, EX2003, 99, 105-107). Although this synthesized video was not
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`acquired from a camera, the synthesized video along with the two acquired videos
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`may be shown as part of the multi-view video. (EX1003, [0003]-[0005], [0036],
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`[0067]-[0068]; See also, EX2003, 99, 105-107).
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`
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`13
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`Interdigital Exhibit 2001, Page 15 of 19
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`29. As mentioned, synthesizing can be performed by interpolation.
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`(EX1003, [0068]; EX2003, 99, 105-107). For example, a synthesized picture view
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`residing between a first view and a second view can be generated by interpolating
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`the pixel values of the first view and the second view for each frame. (EX1003,
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`[0068]; EX2003, 99, 105-107). This interpolation can generate synthesized video
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`picture frames that appear to a viewer to have been acquired by a camera
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`positioned between the camera of the first view and the camera of the second
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`view. (EX1003, [0067]-[0068]; EX2003, 99, 105-107).
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`3.
`
`Synthesized Reference Pictures Are Not Virtual Reference
`Pictures
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`30.
`
`Just as an ordinary picture frame (one created by a camera) may be
`
`used as a reference picture, so may a synthesized picture frame. (EX1003, [0042],
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`[0067]-[0068]). For example, just as an ordinary picture frame from a specific
`
`camera angle can be used as reference picture to predict the frame of other picture
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`frames from that camera, a synthesized picture frame can be used to predict the
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`contents of other synthesized picture frames. (EX1003, [0042], [0067]-[0068]). As
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`Xin describes: “The synthesized frames serve as reference pictures from which a
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`current synthesized frame can be predicted.” (EX1003, [0071]).
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`31. But critically, a “synthesized reference picture” is not a “virtual
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`reference picture.” Where a synthesized reference picture is itself a synthesized
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`picture frame created so that it may be viewed as part of the available multi-view
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`14
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`Interdigital Exhibit 2001, Page 16 of 19
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`video, a virtual reference picture is not created to be viewed. (EX1003, [0042],
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`[0067]-[0068]). Unlike a synthesized reference picture, a virtual reference picture
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`is created for the sole purpose of serving as a reference, and it is not suitable,
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`intended, or available for viewing. (EX1008, 897-898).
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`32.
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`In other words, virtual reference pictures are not synonymous
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`with synthesized reference pictures.
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`C.
`
`Petitioner Incorrectly Assumes Virtual Reference Pictures Are
`“Also Known As Synthesized Reference Pictures”
`
`33. Petitioner and its declarant LeGall both assert that virtual
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`reference pictures (“VRPs”) are also known as “synthesized reference
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`pictures”. (Pet., 8-9; EX1005, ¶28). This is incorrect.
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`34. A synthesized video is one that is created or generated from
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`another video using, for example, warping or interpolation. If one were to
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`compress the synthesized video using compression that relies upon motion
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`compensated prediction techniques, reference frames would be utilized as
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`well, and these reference frames would be previously decoded frames, that
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`is, frames that form a part of the video.
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`35. A virtual reference picture, however, is a different concept from
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`synthetic video or synthetic reference frames. A virtual reference picture
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`can include a picture that is processed, for example, by applying a filter as I
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`Interdigital Exhibit 2001, Page 17 of 19
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`described in my article (EX1008). Importantly, the virtual reference picture
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`is not a frame in the video itself, rather, it is virtual because it doesn’t form
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`a part of a video. Indeed, the virtual reference pictures as I described in my
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`article (EX1008) were not available for display. That is to say, you would
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`not want to display such a frame nor were they designed to be displayed.
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`Thus, a virtual reference picture can be used for prediction, but is not
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`displayed.
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`D.
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`Petitioner Incorrectly Asserts that Xin’s Synthesized Pictures Are
`Not And Cannot Be Used As Part of The Multi-Video Display
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`36. Petitioner and its declarant LeGall also assert that Xin’s
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`synthesized pictures are virtual reference pictures because Xin supposedly
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`discloses that its synthesized pictures are intended to be used solely as
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`reference pictures and not available to be shown as part of a video: “because
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`Xin’s synthesized reference pictures are used for prediction and not
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`displayed, they are VRPs.” (Pet. 22, 24; EX1005, ¶¶58, 61). This is
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`incorrect.
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`37. Xin repeatedly describes that its synthesized pictures are
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`intended to be used as video picture frames in the multi-view video, and not
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`just as reference pictures. For example, Xin makes clear that a video is
`
`synthesized and the synthesized reference frames form part of the
`
`16
`
`Interdigital Exhibit 2001, Page 18 of 19
`
`
`
`Case No. IPR2021-00102
`
`Patent No. 8,363,724
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`synthesized video at least at [0002], [0015], [0016], [0067], abstract, and
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`claims 1. (EX1003). In other words, Xin’s synthesized reference pictures
`
`are created for more than serving as a reference frame, and they are
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`available for use as frames of a video, specifically, a synthesized view of a
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`multi-view video.
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`I declare that all statements made herein of my knowledge are true, and that all
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`statements made on information and belief are believed to be true, and that these
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`statements were made with the knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment, or both, under section 1001 of
`
`Title 18 of the United States Code.
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`Dated: March 8, 2021 W
`Dr. Robert Louis Stevenson
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`17
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`Interdigital Exhibit 2001, Page 19 of 19
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`Interdigital Exhibit 2001, Page 19 of 19
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`
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