`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`GUI GLOBAL PRODUCTS, LTD.,
`Patent Owner.
`____________
`
`Case IPR2021-00473
`Patent 10,589,320 B1
`___________________________
`
`DECLARATION OF ROBERT STILLERMAN REGARDING APPLE’S
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO.
`
`10,589,320
`
`
`
`
`
`
`
`
`
`
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`
`
`
`
`
`
`
`
`TABLE OF CONTENTS
`
`
`
`I.
`
`Introduction and Qualifications ......................................................................... 1
`
`II. Assignment ........................................................................................................ 9
`
`III. Legal Principles ............................................................................................... 12
`
`IV. Methodology .................................................................................................... 20
`
`V. Technology Overview ...................................................................................... 22
`
`A. Magnets/Magnetism ................................................................................. 22
`
`B. Headsets, Headphones, Earphones ........................................................... 23
`
`C. Battery Charging: Conductive and Inductive ........................................... 24
`
`D. Speakers/headsets ..................................................................................... 35
`
`VI. Overview of the ‘320 Patent ............................................................................ 37
`
`VII. Overview of Gundlach and Lee ....................................................................... 41
`
`A. Gundlach .................................................................................................. 42
`
`B. Lee ............................................................................................................ 49
`
`VIII. Analysis of the Cooperstock Declaration ....................................................... 54
`
`A. A POSITA Would Not Have the Skills Needed Nor Would the
`POSITA Have Been Motivated to Combine Gundlach and Lee .............. 54
`
`B. ‘320 Patent Claim Analysis of Cooperstock ............................................ 81
`
`IX. Summary of My Opinions ............................................................................... 97
`
`ii
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`X. Amendments and Modifications ...................................................................... 98
`
`iii
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS
`
` My name is Robert Stillerman. I have been retained by counsel for
`
`GUI Global Products, Ltd. (“Gwee” or “Patent Owner”) as a technical expert in
`
`this case. I have been asked by counsel for the Patent Owner to provide my
`
`opinions with respect to the petition by Apple, Inc. (“Apple” or “Petitioner”) for
`
`instituting an Inter Partes Review of U.S. Patent No. 10,589,320 (“the ‘320
`
`Patent”). In particular, I have been asked to review the opinions in a document
`
`entitled, “Declaration of Dr. Jeremy Cooperstock,” dated the 5th day of February
`
`2021 (“Cooperstock Declaration” or “Cooperstock”).
`
` My background and qualifications are set forth in my curriculum vitae
`
`attached as Ex. 2002. In summary, I have a Bachelor of Science degree in
`
`Electrical Engineering, a Master of Science degree in Electrical Engineering and
`
`Computer Science, and a Master of Business Administration degree. I have over 40
`
`years of experience in the design, use and application of electronic devices and
`
`systems. This includes extensive experience with communications devices and
`
`systems and switching equipment. I have experience with wireless systems for use
`
`in a number of applications, including cellular communications, point-to-point
`
`communications, point-to-multipoint communications, radio frequency
`
`identification (RFID), voice and data. I have experience with networking products,
`
`1
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`such as switches and routers. I have designed, developed, and managed the design
`
`and development of computer and communications software, hardware and
`
`systems. I have experience with the delivery of services to enterprises and
`
`consumers via different technologies and communications systems. I have
`
`experience with devices used for voice and data communication for consumers and
`
`network services providers. I have extensive experience in call centers and call
`
`center operation. I have been involved with and designed processes for use in
`
`project management, change management, client onboarding and training, and
`
`installation and configuration of systems.
`
`
`
`During my career, I have worked for a number of communications
`
`equipment suppliers. I worked for Bell Telephone Laboratories designing hardware
`
`and software for an electronic switching system for toll network applications. At
`
`Bell Telephone Laboratories, I worked with the proprietary signals between
`
`controllers and peripheral equipment. I was a Member of Technical Staff and part
`
`of a development team working on hardware and software development. I worked
`
`for ITT as a development manager. In that position, I designed hardware and
`
`software for an electronic, class 5 central office switching system, and worked on
`
`analog line and trunk test panels, all of which are part of the infrastructure for the
`
`public telephone network. I worked for BNR Inc., a subsidiary of Bell Northern
`
`2
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`Research (part of Northern Telecom), designing hardware and software for an
`
`Electronic Private Branch Exchange (PBX) system, which is a switching system
`
`for telephones, and working on the specification of an “office of the future
`
`system.” I worked for IBM/ROLM Systems, designing and testing portions of its
`
`Electronic PBX, voicemail systems and phones, as well as devices such as analog
`
`and digital line and trunk circuit interfaces, and applications such as Automatic
`
`Call Distribution, Call Monitoring and other applications used in call centers. At
`
`ROLM, I was a section manager, being responsible for multiple development
`
`projects consisting of both hardware and software, including early projects
`
`involving computer-telephony integration, a capability now used widely in call
`
`center operations. At ROLM, I also supervised a group of Product Managers
`
`involved in product development. I participated in the creation of ROLM’s Product
`
`Development Process, which was a methodology that the company applied to
`
`development activities in order to manage and track product development,
`
`including the formal development of documents and specifications used in the
`
`development process. I also have experience in installation of electronic and
`
`wireless equipment, including outside plant and indoor wiring.
`
`
`
`I worked for Unisys Corporation where I was involved with
`
`computer-based industrial and commercial applications, including electronic
`
`3
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`document interchange. I managed the operation of a demonstration center for shop
`
`floor, Enterprise Resource Management, CAD/CAM and electronic document
`
`management systems.
`
`
`
`I worked for First Pacific Networks, a company that produced cable
`
`telephony products, in which hybrid fiber coax installations were used for
`
`distribution of signals between the cable head end and the subscriber set top box
`
`(receiver).
`
`
`
`I worked for Harris Corporation in their Microwave Communication
`
`Division where I was Vice President of Marketing and Vice President of Business
`
`Development. Harris’ microwave radios are wireless products used widely in the
`
`network infrastructure for fixed communication as well as cellular and mobile
`
`networks. In my role as head of Marketing, I managed teams for market
`
`development, product management, marketing communications and technical
`
`marketing. In my role as head of Business Development, I was involved in the
`
`evaluation and acquisition of businesses outside of Harris. In that capacity, I was
`
`responsible for finding target companies and evaluating their business value to
`
`Harris. Subsequent to an acquisition, I managed the integration of the acquired
`
`company unit to Harris.
`
`4
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`I worked on wireless technologies at Wireless Dynamics, Inc and at
`
`RS International Consulting Inc, and have experience and knowledge regarding a
`
`range of wireless technologies and standards for the operation of such
`
`technologies. This includes, among other things, Payment Card Industry Data
`
`Security Standards, RFID technologies, telematics, the use of smartphones and the
`
`cellular data networks, Zigbee, self-organizing sensor networks and other
`
`technologies.
`
`
`
`I worked as a software developer for many different types of
`
`applications. I have worked with many different operating systems, using many
`
`different computer languages, and many different software libraries and code sets.
`
`
`
`I designed, wrote and licensed software as a service to institutions
`
`such as Stanford University and the University of California. I designed many
`
`website and web applications.
`
`
`
`I have worked for Tocca, Inc. which offers software as a service
`
`(SaaS) solutions for hosting virtual spaces and virtual events. In my consulting role
`
`for Tocca, I have written software, and led a number of teams in product, customer
`
`services, customer on-boarding, system configuration and deployment and other
`
`functional activities.
`
`5
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`In prior cases I have opined on technologies such as: electronic
`
`devices including mobile devices such as phones, smartphones and tablets, RFID,
`
`recording devices and systems, security devices and systems, computer networks,
`
`communications networks and equipment, software algorithms, functions and
`
`features, user interfaces, switching devices, switching systems and equipment,
`
`gateways, messaging, voice storage and retrieval, paging and mobile networks,
`
`tracking devices and systems, thermal performance of computing devices, Voice
`
`over IP Networks and Systems, wireless and mobile networks and related
`
`standards, call centers, facsimile products and protocols, web technologies, hard
`
`drive forensics and analysis, email protocols and transmission, cell phone record
`
`analysis, cable systems, GSM networks and standards, computer algorithms, PBX
`
`operation and installation, computer server architectures, manufacturing process
`
`technologies, antivirus software and others.
`
`
`
`In prior cases I have opined on the process of installation and on
`
`existing installations of electronic equipment, including wireless technologies.
`
`
`
`I have extensive experience with large software code bases, with
`
`many different operating systems, and with many different programming
`
`languages, both from my direct work experience and from analyzing software as a
`
`6
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`consultant and expert in other cases. I have offered opinions relating to the
`
`functionality and operation of such software.
`
`
`
`I am familiar with various means of rolling out technology systems,
`
`including early trials, proofs-of-concept, and full deployments. I am familiar with
`
`the processes used to assign roles and responsibilities to parties engaged in
`
`technology rollouts, such as the use of statements of work, project plans and rollout
`
`plans as examples. I am familiar with processes and procedures and the support
`
`documentation associated with installation, test and commissioning of technology
`
`systems. I am familiar with the stages of product development, including phases
`
`such as concept, specification, design, integration, test, trials and general
`
`availability. I have managed the deployment of complex communications
`
`equipment and systems through installation, test, commissioning, acceptance and
`
`general use.
`
`
`
`I have been deposed and served as an expert in a number of legal
`
`matters. I have served as an expert on the deployment and installation of complex
`
`technologies, such as wireless network services in rural and metropolitan areas,
`
`call centers operated by different companies, and equipment used in server farms
`
`in computer equipment rooms. I have been qualified to serve as an expert witness
`
`in forensic analysis, computer software, and various other technologies.
`
`7
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`I submit this Declaration (“My Declaration” or “This Declaration”)
`
`based on the information I have reviewed for purposes of this case and my own
`
`personal knowledge and experience, except where stated otherwise. I am prepared
`
`to testify beyond This Declaration concerning the matters discussed herein if
`
`requested to do so.
`
`
`
`If asked to testify beyond This Declaration, I may use materials I have
`
`relied upon in forming my opinions and documents and other materials I have
`
`reviewed. I may also present demonstratives, animations, slides or other graphics
`
`to demonstrate my methodology or other relevant facts and the bases for my
`
`opinions in this case.
`
`
`
`In this Declaration, when I write, “for example,” or when I cite an
`
`example, I am not limiting my opinion to that example.
`
` The opinions expressed in This Declaration are based upon the
`
`information made available to me as of the date of this Declaration. I understand
`
`that I may be asked to review information produced by either party after the date of
`
`this Declaration and to update this Declaration as necessary to reflect any
`
`additional analysis and conclusions.
`
`8
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`I understand that Petitioner may provide expert reports detailing the
`
`analyses and opinions of its experts. I may be asked to supplement my opinions
`
`based on any such reports.
`
`
`
`I am being compensated for my time on this case at a rate of $435 per
`
`hour. No part of my compensation is based on the outcome of this case or the
`
`substance of my opinions.
`
`
`
`II. ASSIGNMENT
`
`
`
`I have been asked to review Apple’s petition and offer my opinions on
`
`whether the art cited in the Cooperstock Declaration would render the ‘320 Patent
`
`invalid or unpatentable at the relevant timeframe. The Cooperstock Declaration
`
`uses the August 5, 2011 filing date of provisional application No. 61/515,752 as
`
`the priority date to which the ‘320 Patent is entitled. Ex. 1003 at ¶ 11. For purposes
`
`of this Declaration, I will use the same August 5, 2011 priority date (“Relevant
`
`Timeframe”).
`
` My understanding is that the Cooperstock Declaration and Apple’s
`
`grounds for institution rely on a series of obviousness arguments concerning the
`
`9
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`claims of the ‘320 Patent. These arguments are broadly based on the following
`
`references, see Ex. 1003 at ¶ 16:
`
`i. Ground 1A: Apple challenges claims 1, 2, 8, 9, and 11 as obvious in
`view of Gundlach and Lee.
`
`ii. Ground 1B: Apple challenges claims 2 and 8 as obvious in view of
`Gundlach, Lee, and Nishikawa
`
`iii. Ground 1C: Apple challenges claim 11 as obvious in view of
`Gundlach, Lee, and Rosener.
`
`iv. Ground 1D: Apple challenges claims 3 and 7 as obvious in view of
`Gundlach, Lee, and Brown
`
`v. Ground 1E: Apple challenges claims 4, 5, 10, 12, and 13 as obvious in
`view of Gundlach, Lee, and Mak-Fan.
`
`vi. Ground 2A: Apple challenges claims 1, 2, 8, 9, and 11 as obvious in
`view of Gundlach, Lee, and Kim.
`
`vii. Ground 2B: Apple challenges claims 2 and 8 as obvious in view of
`Gundlach, Lee, Kim, and Nishikawa.
`
`viii. Ground 2C: Apple challenges claim 11 as obvious in view of
`Gundlach, Lee, Kim, and Rosener.
`
`ix. Ground 2D: Apple challenges claims 3 and 7 as obvious in view of
`Gundlach, Lee, Kim, and Brown.
`
`10
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`x. Ground 2E: Apple challenges claims 4, 5, 10, 12, and 13 as obvious in
`view of Gundlach, Lee, Kim, and Mak-Fan.
`
`
`
`I have been advised by counsel to Gwee that if an independent claim
`
`is not obvious over a combination of references, then a claim that depends from the
`
`nonobvious independent claim is likewise not obvious in view of those references
`
`because the dependent claim contains all of the limitations of the independent
`
`claim plus one or more further limitations. Claim 1 is the sole independent claim of
`
`the ‘320 Patent and I read the petition to allege that claim 1 of the ‘320 Patent is
`
`obvious based on a combination of the teachings of Gundlach, (Ex. 1005) and Lee
`
`(Ex. 1006). Pet. at 19 et seq. (referring to “Gundlach-Lee”). As I understand it, the
`
`additional references cited in connection with the dependent claims are not alleged
`
`to cure any deficiencies in Ground 1A with respect to claim 1. Hence, in This
`
`Declaration I focus exclusively on the arguments concerning the alleged
`
`obviousness of claim 1 of the ‘320 Patent. I am further advised that if Inter Partes
`
`Review is instituted by the Patent Trial and Appeal Board (“PTAB”), then all
`
`alleged grounds for unpatentability of the claims of the patent must be so
`
`instituted. Consequently, should trial be instituted, I may be asked to supplement
`
`my opinions with respect to Ground 1A and the other grounds of unpatentability
`
`alleged by Apple.
`
`11
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`III. LEGAL PRINCIPLES
`
`
`
`I am not an attorney and have not been asked to offer my opinion on
`
`the law. However, I understand that I am obliged to follow existing law. I have
`
`therefore been asked to apply the following legal principles in my analysis.
`
`
`
`I have been informed by counsel and understand that in an Inter
`
`Partes Review proceeding the party challenging the patent’s validity must prove
`
`by a preponderance of the evidence that the patent claims are invalid. I further am
`
`advised that the first step in assessing validity of a patent claim is to properly
`
`construe the claim at issue.
`
`
`
`I understand that validity based on novelty, i.e., anticipation, and
`
`obviousness is governed by 35 U.S.C. §§ 102, 103, respectively, which read as
`
`follows:
`
`35 U.S.C. 102 Conditions for patentability; novelty
`
`(a) NOVELTY; PRIOR ART.—A person shall be entitled
`
`to a patent unless—-
`
`(1) the claimed invention was patented, described in a printed
`publication, or in public use, on sale, or otherwise available to
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`12
`
`
`
`the public before the effective filing date of the claimed
`invention; or
`
`(2) the claimed invention was described in a patent issued under
`section 151, or in an application for patent published or deemed
`published under section 122(b), in which the patent or
`application, as the case may be, names another inventor and
`was effectively filed before the effective filing date of the
`claimed invention.
`
`(b) EXCEPTIONS.—
`
`(1) DISCLOSURES MADE 1 YEAR OR LESS BEFORE THE
`EFFECTIVE FILING DATE OF THE CLAIMED
`INVENTION.—A disclosure made 1 year or less before the
`effective filing date of a claimed invention shall not be prior art
`to the claimed invention under subsection (a)(1) if—
`
`(A) the disclosure was made by the inventor or joint inventor or
`by another who obtained the subject matter disclosed directly or
`indirectly from the inventor or a joint inventor; or (
`
`(B) the subject matter disclosed had, before such disclosure,
`been publicly disclosed by the inventor or a joint inventor or
`another who obtained the subject matter disclosed directly or
`indirectly from the inventor or a joint inventor.
`
`13
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`(2) DISCLOSURES APPEARING IN APPLICATIONS AND
`PATENTS.—A disclosure shall not be prior art to a claimed
`invention under subsection (a)(2) if—
`
`(A) the subject matter disclosed was obtained directly or
`indirectly from the inventor or a joint inventor;
`
`(B) the subject matter disclosed had, before such subject matter
`was effectively filed under subsection (a)(2), been publicly
`disclosed by the inventor or a joint inventor or another who
`obtained the subject matter disclosed directly or indirectly from
`the inventor or a joint inventor; or
`
`(C) the subject matter disclosed and the claimed invention, not
`later than the effective filing date of the claimed invention,
`were owned by the same person or subject to an obligation of
`assignment to the same person.
`
`(c) COMMON OWNERSHIP UNDER JOINT RESEARCH
`AGREEMENTS.—Subject matter disclosed and a claimed
`invention shall be deemed to have been owned by the same
`person or subject to an obligation of assignment to the same
`person in applying the provisions of subsection (b)(2)(C) if—
`
`(1) the subject matter disclosed was developed and the claimed
`invention was made by, or on behalf of, 1 or more parties to a
`joint research agreement that was in effect on or before the
`effective filing date of the claimed invention;
`
`14
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`(2) the claimed invention was made as a result of activities
`undertaken within the scope of the joint research agreement;
`and
`
`(3) the application for patent for the claimed invention discloses
`or is amended to disclose the names of the parties to the joint
`research agreement.
`
`(d) PATENTS AND PUBLISHED APPLICATIONS
`EFFECTIVE AS PRIOR ART.—For purposes of determining
`whether a patent or application for patent is prior art to a
`claimed invention under subsection (a)(2), such patent or
`application shall be considered to have been effectively filed,
`with respect to any subject matter described in the patent or
`application—
`
`(1) if paragraph (2) does not apply, as of the actual filing date of
`the patent or the application for patent; or
`
`(2) if the patent or application for patent is entitled to claim a
`right of priority under section 119, 365(a), 365(b), 386(a), or
`386(b), or to claim the benefit of an earlier filing date under
`section 120, 121, 365(c), or 386(c) based upon 1 or more prior
`filed applications for patent, as of the filing date of the earliest
`such application that describes the subject matter.
`
`35 U.S.C. §102.
`
`15
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`35 U.S.C. 103 Conditions for patentability; non-obvious subject
`matter.
`
`A patent for a claimed invention may not be obtained,
`notwithstanding that the claimed invention is not identically
`disclosed as set forth in section 102, if the differences between
`the claimed invention and the prior art are such that the claimed
`invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains.
`
`Patentability shall not be negated by the manner in which the
`invention was made.
`
`35 U.S.C. §103.
`
`
`
`I understand that, to be patentable, an invention must not have been
`
`obvious to a person of ordinary skill in the art (“POSITA”) at the time the
`
`invention was made. A claim is invalid for obviousness if the differences between
`
`the subject matter sought to be patented and the prior art are such that that the
`
`claimed subject matter as a whole would have been obvious, at the time the
`
`invention was made, to a POSITA.
`
`
`
`In determining whether a claimed invention is invalid for obviousness,
`
`one should consider the scope and content of the prior art, the level of ordinary
`
`16
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`skill in the relevant art, the differences between the claimed invention and the prior
`
`art, and whether the claimed invention would have been obvious to one of ordinary
`
`skill in the art in light of those differences. I understand that hindsight must not be
`
`used when comparing the prior art to the invention for obviousness.
`
` Obviousness may be shown by demonstrating that it would have been
`
`obvious to modify what is taught in a single reference to arrive at the patented
`
`invention. In addition, obviousness may be shown by showing that it would have
`
`been obvious to combine the teachings of more than one reference. In determining
`
`whether prior art references would have been combined with one another and/or
`
`with other information within the knowledge of one of ordinary skill in the art,
`
`multiple approaches and rationales may be considered, including:
`
`•
`
`Combining prior art elements according to known methods to yield
`
`predictable results;
`
`•
`
`Simple substitution of one known element for another to obtain
`
`predictable results;
`
`•
`
`Use of a known technique to improve similar devices, methods, or
`
`products in the same way;
`
`17
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`•
`
`Applying a known technique to a known device, method, or product
`
`ready for improvement to yield predictable results;
`
`•
`
`Applying a technique or approach that would have been “obvious to
`
`try” (choosing from a finite number of identified, predictable solutions, with
`
`a reasonable expectation of success);
`
`•
`
`Known work in one field of endeavor may prompt variations of it for
`
`use in either the same field or a different one based on design incentives or
`
`other market forces if the variations would have been predictable to one of
`
`ordinary skill in the art; or
`
`•
`
`Some teaching, suggestion, or motivation in the prior art that would
`
`have led one of ordinary skill to modify the prior art reference or to combine
`
`prior art reference teachings to arrive at the claimed invention.
`
` The POSITA is a hypothetical person who is presumed to be aware of
`
`all of the pertinent prior art. The POSITA is not an automaton and may be able to
`
`combine the teachings of multiple patents or references employing ordinary
`
`creativity and the common sense that familiar items may have obvious uses in
`
`another context or beyond their primary purposes. The POSITA faced with a
`
`problem is able to apply his or her experience and ability to solve the problem and
`
`18
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`also look to any available prior art to help solve the problem. It is not necessary to
`
`demonstrate a precise teaching directed to the specific subject matter of the
`
`challenged claim, for a fact finder can take account of the inferences and creative
`
`steps that a person of ordinary skill in the art would employ. A patent which
`
`merely claims predictable uses of old elements according to their established
`
`functions to achieve predictable results may be found invalid as obvious. An
`
`invention may be obvious if a designer of ordinary skill in the art, facing the wide
`
`range of needs created by developments in the field, would have seen an obvious
`
`benefit to the solutions tried by the applicant. When there is a design need or
`
`market pressure to solve a problem and there are a finite number of identified,
`
`predictable solutions, it may have been obvious to a POSITA to try the known
`
`options. If a technique has been used to improve one device, and a POSITA would
`
`recognize that it would improve similar devices in the same way, using the
`
`technique may have been obvious.
`
`
`
`In my opinion a POSITA relating to the ‘320 Patent would be
`
`someone with either a bachelor’s degree in Electrical Engineering, Computer
`
`Science, or Mechanical Engineering and two years of post-baccalaureate electronic
`
`device or system design experience, or someone with no degree but four years of
`
`experience in electronic device or system design. Dr. Cooperstock’s definition of a
`
`19
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`POSITA is somewhat different than mine, see Ex. 1003 at ¶ 20, nevertheless my
`
`opinions in This Declaration would still be the same if Dr. Cooperstock’s
`
`description of a POSITA is used.
`
` Although my qualifications exceed those of a POSITA for the ‘320
`
`Patent, my statements and opinions expressed herein are so expressed from the
`
`perspective of a POSITA.
`
`
`
`IV. METHODOLOGY
`
`
`
`In arriving at my opinions, in addition to relying on my education,
`
`knowledge and experience, I studied and analyzed the documents and references
`
`cited in the petitions and Cooperstock Declarations submitted in IPRs 2021-00471,
`
`2021-00472, and 2021-00473, as well as other documents and references cited
`
`herein.
`
`
`
`In reaching my opinions expressed herein I have relied upon my
`
`extensive experience in industry and in product and technology design,
`
`development, manufacturing, marketing, use, and deployment, including my
`
`supervision and directions of persons who would be POSITAs.
`
`20
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`
`
`In reaching my opinions expressed herein I have had conversations
`
`with one of the named inventors of the ‘320 Patent, Mr. Walter Mayfield.
`
`
`
`I did not see any express indication in the Cooperstock Declaration of
`
`how Dr. Cooperstock read and understood the claims, nor were any express
`
`construction of the claims offered in the petition. For my own part, in reading and
`
`understanding the ‘320 Patent and the various references cited in the Cooperstock
`
`Declarations submitted in IPRs 2021-00471, 2021-00472, and 2021-00473, I gave
`
`the claim terms their plain and ordinary meaning as a POSITA would have
`
`understood them. Where necessary, I looked to intrinsic evidence within the
`
`specification before turning to external sources to determine how a POSITA would
`
`have understood the claim terms in the Relevant Timeframe.
`
` Before turning to the specific arguments made in the petition, I
`
`provide brief overviews of some of the technologies disclosed in the ‘320 Patent as
`
`well as in the references cited by the Cooperstock Declaration, as they would have
`
`been understood by a POSITA in the Relevant Timeframe.
`
`
`
`21
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`V. TECHNOLOGY OVERVIEW
`
`
`
`In this section I offer a brief overview of some of the technologies
`
`relevant to the claims and specification of the ‘320 Patent. For completeness, I also
`
`include technologies discussed in the Cooperstock Declaration. If there are other
`
`related technologies that I may be asked to opine on in support of my opinions, I
`
`may provide those as well.
`
`
`
`A. Magnets/Magnetism
`
` A magnet is article that creates a magnetic field. The magnetic field is
`
`invisible but its presence can be observed according to its influence on other
`
`articles containing certain metals, e.g., iron, steel, nickel and others. The magnetic
`
`field is responsible for a force that attracts or repels those articles towards/away
`
`from the magnet. Magnetism is a property of a material that results from the
`
`internal structure of the material. Ferromagnetic materials comprise internal
`
`structures which generally align their magnetic structures in the same orientation,
`
`creating a cumulatively strong magnetic force. Ferrimagnetic materials have
`
`internal structures where the internal alignment may be in different orientations,
`
`22
`
`
`Apple v. GUI Global Products
`IPR2021-00473
`GUI Ex. 2001
`
`
`
`resulting in a net smaller magnetic force than would be true for an equivalent
`
`ferromagnetic material.
`
` While one often thinks of a magnet as a bar or horseshoe shaped
`
`object that has a persistent magnetic field associated with it, other forms of
`
`magnets exist. Of relevance to this proceeding, when an electric current flows
`
`through a wire coiled into a series of loops, a magnetic field is created and the coil
`
`acts like a magnet. The magnitude of the magnetic field will be proportional to the
`
`number of loops and the cross-sections thereof, as well as the magnitude of the
`
`current passing through the wire. The orientation of the effective magnet produced
`
`by the coil will be orthogonal to that of the current flow, and is given by the “right
`
`hand rule” familiar to most engineering undergraduates. The effective magnetic
`
`field strength can be increased over that produced by a coil by winding the loops of
`
`wire about a ferromagnetic core.
`
`
`
`B. Headsets, Headphones, Earphones
`
` All three of these terms r