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`IPR2022-00442
`U.S. Patent No. 10,820,147
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`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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`GOOGLE LLC,
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`Petitioner,
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`v.
`TRAXCELL TECHNOLOGIES, LLC,
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`Patent Owner.
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`U.S. Patent No. 10,820,147
`Filing Date: February 12, 2020
`Issue Date: October 27, 2020
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`____________________
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`Case No. IPR2022-00442
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`DECLARATION OF WILLIAM MICHALSON, PH.D.
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`IPR2022-00442 Petition
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`TABLE OF CONTENTS
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`I.
`INTRODUCTION .........................................................................................14
`II. QUALIFICATIONS ......................................................................................15
`III. MATERIALS CONSIDERED ......................................................................20
`IV. LEGAL PRINCIPLES ...................................................................................21
`V.
`THE ’147 PATENT .......................................................................................23
`VI. LEVEL OF ORDINARY SKILL IN THE ART ...........................................24
`VII. CLAIM CONSTRUCTION ..........................................................................25
`VIII. SUMMARY OF OPINIONS .........................................................................26
`IX. GROUND 1: CLAIMS 1, 5-8, 11-12, AND 17-19 ARE
`UNPATENTABLE OVER MYR IN VIEW OF YIU ....................................27
`A. Myr ......................................................................................................27
`B.
`Yiu ........................................................................................................28
`C.
`Independent Claims .............................................................................30
`1.
`Claim 1 ......................................................................................30
`a.
`Element [1pre]: “A wireless communications
`system including:” ..........................................................30
`Element [1a]: “a first radio-frequency transceiver
`within a wireless mobile communications device
`and an associated first antenna to which the first
`radio-frequency transceiver is coupled” .........................30
`Element [1b]: “wherein the first radio-frequency
`transceiver is configured for radio-frequency
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`communication with a wireless communications
`network;” ........................................................................33
`Element [1c]: “a first processor within the wireless
`mobile communications device coupled to the at
`least one first radio-frequency transceiver
`programmed to receive information indicative of a
`location of the wireless mobile communications
`device and generate an indication of a location of
`the wireless mobile communications device with
`respect to geographic features according to
`mapping information stored within the wireless
`mobile communications device, and” .............................37
`Element [1d]: “wherein the first processor
`determines user navigation information and
`displays to the user navigation information
`according to the location of the wireless mobile
`communications device with respect to the
`geographic features and a destination specified by
`the user at the wireless mobile communications
`device, and” ....................................................................42
`Element [1e]: “wherein the first processor further
`sends the user navigation information to the
`network as a number of segments, wherein at least
`one other processor outside the network updates
`the user navigation information in conformity with
`traffic congestion information accessible to the at
`least one other processor outside the network by
`computing a numerical value for the segments
`corresponding to the expected time to travel
`through all the segments, updates the user
`navigation information in conformity with the
`numerical values for the segments, and sends the
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`updated user navigation information to the wireless
`mobile communications device;” ...................................43
`Element [1f]: “at least one second radio-frequency
`transceiver and an associated at least one second
`antenna of the wireless communications network
`to which the second radio-frequency transceiver is
`coupled; and” ..................................................................48
`Element [1g]: “a second processor coupled to the
`at least one second radio-frequency transceiver
`programmed to acquire the information indicative
`of a location of the wireless mobile
`communications device, wherein the second
`processor selectively acquires the information
`indicative of a location of the wireless mobile
`communications device dependent on the setting of
`preference flags,” ............................................................49
`Element [1h]: “wherein the second processor
`acquires the information indicative of a location of
`the wireless mobile communications device if the
`preference flags are set to a state that permits
`tracking of the user of the wireless mobile
`communications device, and” .........................................58
`Element [1i]: “wherein the second processor does
`acquire the information indicative of the location
`of the wireless mobile communications device if
`the preference flags are set to a state that prohibits
`tracking of the wireless mobile communications
`device.” ...........................................................................60
`Claim 11 ....................................................................................63
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`i.
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`j.
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`Element [11pre]: “A method of providing
`navigation information within a wireless
`communications network:” .............................................63
`Elements [11a]-[11j]] .....................................................64
`b.
`D. Dependent Claims ...............................................................................67
`1.
`Claim 5 and 17: “wherein the first processor further
`requests from the wireless communications network,
`traffic congestion information, wherein the first processor
`receives the requested traffic congestion information and
`determines the user navigation information in conformity
`with the received traffic congestion information.” ...................67
`Claim 7 and 18: “wherein the first processor further
`sends the indication of a location of the wireless mobile
`communications device with respect to the geographic
`features to the network, wherein at least one other
`processor outside the network receives the indication of a
`location of the wireless mobile communications device,
`determines the user navigation information in conformity
`with the location of the wireless mobile communications
`device and transmits the user navigation information to
`the wireless mobile communications device.” ..........................70
`Claims 8 and 19: “wherein the preference flags are
`specified by a user associated with the wireless mobile
`communications device, and wherein the method further
`comprises transmitting the preference flags to the at least
`one second radio-frequency transceiver.” .................................71
`Claim 12: “The method of claim 11, further comprising
`within the wireless mobile communications device,
`determining the user navigation information.” .........................72
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`X. GROUND 2: CLAIMS 2, 6, 13, 16 AND 22 ARE UNPATENTABLE
`OVER MYR IN VIEW OF YIU AND MACHIDA ........................................73
`A. Machida ...............................................................................................73
`B.
`Independent Claim ..............................................................................75
`1.
`Claim 22 ....................................................................................75
`a.
`[22pre]: “A wireless mobile communications
`device including:” ...........................................................75
`[22c]: “a first processor coupled to the at least one
`radio-frequency transceiver programmed to receive
`a location of the wireless mobile communications
`device and generate an indication of a location of
`the at least one wireless mobile communications
`device with respect to geographic features
`according to mapping information stored within
`the wireless mobile communications device,” ...............75
`[22d]: “wherein the first processor determines
`whether or not the mapping information stored
`within the wireless mobile communications device
`is sufficient to display the navigation information
`to the user,” .....................................................................77
`[22e]: “responsive to the first processor
`determining that the mapping information is not
`sufficient, the first processor requesting additional
`mapping information from at least one other
`processor outside the wireless communications
`network and” ...................................................................82
`[22f]: “responsive to the first processor requesting
`additional mapping information from the at least
`one other processor outside the wireless
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`communications network, receiving the additional
`mapping information from the at least one other
`processor outside the wireless communications
`network and updating the mapping information
`stored within the wireless communications
`device,” ...........................................................................83
`[22g]: “wherein the first processor determines and
`displays navigation information to the user using
`the additional mapping information, the location of
`the wireless mobile communications device with
`respect to geographic features and a destination
`specified by the user at the wireless mobile
`communications device,” ................................................84
`[22h]: “and wherein the first processor
`communicates to the mobile communications
`network a setting of preference flags,” ...........................87
`Elements [22a], [22b], [22i]-[22j] ..................................91
`h.
`C. Dependent Claims ...............................................................................93
`1.
`Claims 2 and 13.........................................................................93
`a.
`Elements [2a] and [13a]: “determine whether or
`not the mapping information stored within the
`wireless mobile communications device is
`sufficient to display the navigation information;” ..........94
`Elements [2b] and [13b]: “responsive to the first
`processor determining that the mapping
`information is sufficient, the processor displaying
`the navigation information;” ...........................................94
`Elements [2c] and [13c]: “responsive to the first
`processor determining that the mapping
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`information is not sufficient, the first processor
`requesting additional mapping information from at
`least one other processor outside the wireless
`communications network; and” ......................................96
`Elements [2d] and [13d]: “responsive to the first
`processor requesting additional mapping
`information from at least one other processor
`outside the wireless communications network, the
`first processor receiving the additional mapping
`information from the at least one other processor
`outside the wireless communications network and
`the first processor displaying the navigation
`information using the additional mapping
`information.” ...................................................................96
`Claim 6 and 16: “wherein the another processor
`determines whether or not the updated user navigation
`information already exists in the wireless mobile
`communications device, and does not transmit the
`updated user navigation information to the wireless
`mobile communications device if the updated user
`navigation information already exists in the wireless
`mobile communications device.” ..............................................97
`XI. GROUND 3: CLAIMS 1, 2, 5-8, 11-13, 17-19, AND 22 ARE
`UNPATENTABLE OVER UEHARA IN VIEW OF YIU AND MYR ..........98
`A. Uehara .................................................................................................98
`B.
`Independent Claims .............................................................................99
`1.
`Claim 1 ......................................................................................99
`a.
`Element [1pre]: “A wireless communication
`system including:” ..........................................................99
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`Element [1a]: “a first radio-frequency transceiver
`within a wireless mobile communications device
`and an associated first antenna to which the first
`radio-frequency transceiver is coupled” .......................100
`Element [1b]: “wherein the first radio-frequency
`transceiver is configured for radio-frequency
`communication with a wireless communication
`network;” ......................................................................101
`Element [1c]: “a first processor within the wireless
`mobile communications device coupled to the at
`least one first radio-frequency transceiver
`programmed to receive information indicative of a
`location of the wireless mobile communications
`device and generate an indication of a location of
`the wireless mobile communications device with
`respect to geographic features according to
`mapping information stored within the wireless
`mobile communications device, and” ...........................102
`Element [1d]: “wherein the first processor
`determines user navigation information and
`displays to the user navigation information
`according to the location of the wireless mobile
`communications device with respect to the
`geographic features and a destination specified by
`the user at the wireless mobile communications
`device, and” ..................................................................109
`Element [1e]: “wherein the first processor further
`sends the user navigation information to the
`network as a number of segments, wherein at least
`one other processor outside the network updates
`the user navigation information in conformity with
`traffic congestion information accessible to the at
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`least one other processor outside the network by
`computing a numerical value for the segments
`corresponding to the expected time to travel
`through all the segments, updates the user
`navigation information in conformity with the
`numerical values for the segments, and sends the
`updated user navigation information to the wireless
`mobile communications device;” .................................112
`Element [1f]: “at least one second radio-frequency
`transceiver and an associated at least one second
`antenna of the wireless communications network
`to which the second radio-frequency transceiver is
`coupled; and” ................................................................120
`Element [1g]: “a second processor coupled to the
`at least one second radio-frequency transceiver
`programmed to acquire the information indicative
`of a location of the wireless mobile
`communications device, wherein the second
`processor selectively acquires the information
`indicative of a location of the wireless mobile
`communications device dependent on the setting of
`preference flags,” ..........................................................122
`Element [1h]: “wherein the second processor
`acquires the information indicative of a location of
`the wireless mobile communications device if the
`preference flags are set to a state that permits
`tracking of the user of the wireless mobile
`communications device, and” .......................................132
`Element [1i]: “wherein the second processor does
`acquire the information indicative of the location
`of the wireless mobile communications device if
`the preference flags are set to a state that prohibits
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`tracking of the wireless mobile communications
`device.” .........................................................................135
`Claim 11 ..................................................................................137
`a.
`Element [11pre]: “A method of providing
`navigation information within a wireless
`communications network:” ...........................................137
`Elements [11a]-[11j]] ...................................................138
`b.
`C. Dependent Claims .............................................................................141
`1.
`Claim 5 and 17: “wherein the first processor further
`requests from the wireless communications network,
`traffic congestion information, wherein the first processor
`receives the requested traffic congestion information and
`determines the user navigation information in conformity
`with the received traffic congestion information.” .................141
`a.
`It would have been obvious to a person of ordinary
`skill in the art to combine the traffic congestion
`data transmission of Myr with Uehara .........................144
`Claim 7 and 18: “wherein the first processor further
`sends the indication of a location of the wireless mobile
`communications device with respect to the geographic
`features to the network, wherein at least one other
`processor outside the network receives the indication of a
`location of the wireless mobile communications device,
`determines the user navigation information in conformity
`with the location of the wireless mobile communications
`device and transmits the user navigation information to
`the wireless mobile communications device.” ........................145
`Claims 8 and 19: “wherein the preference flags are
`specified by a user associated with the wireless mobile
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`communications device, and wherein the method further
`comprises transmitting the preference flags to the at least
`one second radio-frequency transceiver.” ...............................148
`Claim 12: “The method of claim 11, further comprising
`within the wireless mobile communications device,
`determining the user navigation information.” .......................151
`XII. GROUND 4: CLAIM 22 IS UNPATENTABLE OVER UEHARA IN
`VIEW OF MYR, YIU, AND MACHIDA .....................................................152
`A.
`Independent Claim ............................................................................152
`1.
`Claim 22 ..................................................................................152
`a.
`Element [22pre]: “A wireless mobile
`communications device including:” .............................152
`Element [22c]: “a first processor coupled to the at
`least one radio-frequency transceiver programmed
`to receive a location of the wireless mobile
`communications device and generate an indication
`of a location of the at least one wireless mobile
`communications device with respect to geographic
`features according to mapping information stored
`within the wireless mobile communications
`device,” .........................................................................152
`Element [22d]: “wherein the first processor
`determines whether or not the mapping
`information stored within the wireless mobile
`communications device is sufficient to display the
`navigation information to the user,” .............................154
`Element [22e]: “responsive to the first processor
`determining that the mapping information is not
`sufficient, the first processor requesting additional
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`mapping information from at least one other
`processor outside the wireless communications
`network and” .................................................................160
`Element [22f]: “responsive to the first processor
`requesting additional mapping information from
`the at least one other processor outside the wireless
`communications network, receiving the additional
`mapping information from the at least one other
`processor outside the wireless communications
`network and updating the mapping information
`stored within the wireless communications
`device,” .........................................................................165
`Element [22g]: “wherein the first processor
`determines and displays navigation information to
`the user using the additional mapping information,
`the location of the wireless mobile
`communications device with respect to geographic
`features and a destination specified by the user at
`the wireless mobile communications device,” .............169
`Element [22h]: “and wherein the first processor
`communicates to the mobile communications
`network a setting of preference flags,” .........................170
`Elements [22a], [22b], [22i]-[22l] ................................173
`h.
`XIII. CONCLUSION ............................................................................................175
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`INTRODUCTION
`1. My name is William Michalson, Ph.D. I am currently a Professor of
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`Robotics Engineering at the Worcester Polytechnic Institute in Massachusetts. I also
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`have appointments as a Professor in the Departments of Electrical and Computer
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`Engineering, Mechanical Engineering, and Computer Science. I have been retained
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`as an independent expert by Google LLC (“Google”) in this proceeding.
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`2.
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`I have been asked to provide my opinion as to whether claims 1, 2, 5-
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`8, 11-13, 16-19 and 22 of United States Patent No. 10,820,147 are valid. This report
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`sets forth my opinions and the bases of my opinions.
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`3.
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`All of the opinions stated herein are based on my own personal
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`knowledge and professional judgment and my analysis of the materials and
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`information I considered in preparing this report. The materials I reviewed in
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`connection with preparing this report are listed below. I make the following
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`statements based on my own personal knowledge and, if called as a witness, I could
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`and would testify to the following. I am being paid for my work in this litigation at
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`the rate of $525.00 per hour, plus reimbursement of reasonable expenses. My
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`compensation does not depend on the outcome of this proceeding, and I have no
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`financial interest in that outcome.
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`II. QUALIFICATIONS
`4. My qualifications for forming the opinions set forth in this report are
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`summarized here and are addressed more fully in my resume, which is attached
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`hereto as Exhibit 1004.
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`5.
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`I received my Ph.D. in Electrical Engineering from the Worcester
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`Polytechnic Institute in 1989, my Master of Science in Electrical Engineering from
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`the Worcester Polytechnic Institute in 1985, and my Bachelor of Science in
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`Electrical Engineering from Syracuse University in 1981.
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`6.
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`I was employed as an engineer at Raytheon Company from 1981 until
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`1991. During this period, I worked on a variety of projects that involved both
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`hardware and software design and debugging. These projects involved developing
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`computer systems and software for a variety of applications, including the following:
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`air traffic display systems, signal and data processing systems, and communications
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`systems. During this time period, I was involved in hardware and software
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`development that included experience working with satellite, airborne, and ground-
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`based systems for navigation and communications. From 1985 until 1988, I received
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`a fellowship from Raytheon to pursue my Ph.D. degree, and I worked part-time
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`during this period. I returned to Raytheon full-time from 1988 until 1991.
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`I have been a full-time faculty member at the Worcester Polytechnic
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`Institute in Massachusetts since 1991 and I currently hold the rank of Professor in
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`the Department of Robotics Engineering. My emphasis at the Worcester Polytechnic
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`Institute is on teaching and conducting research on navigation, communications, and
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`computer system design.
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`8.
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`I hold nine patents in the fields of audio signal processing, indoor
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`geolocation devices, and handheld GPS (Global Positioning System) mapping
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`devices. I have authored or co-authored over 100 original articles in the fields of
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`communications networks, precision location systems and GPS, including more than
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`15 journal papers and 90 conference papers. I have also authored a book chapter
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`relating to optical interconnect networks for massively parallel computers.
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`9.
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`First licensed as a radio amateur in 1974, I have been involved with the
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`design, analysis, implementation and repair of radio communication devices since
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`that time. In approximately 1976 I obtained my commercial radiotelephone license
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`which allowed me to repair two-way radio equipment, such as public safety, marine
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`and aviation radios, as well as act as the engineer-in-charge of commercial broadcast
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`transmitters. In approximately 1979 I obtained a commercial radiotelegraph license.
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`In addition, I have been involved with the design, analysis, implementation and
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`repair of digital systems since 1979, starting as a computer hobbyist and, prior to
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`graduation, working in a psychology laboratory at Syracuse University where I was
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`responsible for
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`interfacing human and animal sensors to a CP/M-based
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`microcomputer for recording data and controlling experiments.
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`I began my professional career as an engineer in the field of computer
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`architecture and computer systems since I began employment at Raytheon in 1981.
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`In this capacity I worked on hardware and software design for computer systems and
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`digital signal processing systems for applications such as air traffic control, missile
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`guidance and spaceborne data processing. At the Worcester Polytechnic Institute I
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`have taught classes relating to computer architecture and design, and classes relating
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`to embedded system designs, advanced system architectures, and real-time system
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`designs, which relate to the design of computer systems, including real-time
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`operating systems and programming. I currently teach classes relating to Electrical
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`Engineering Design and Robot Navigation. I have worked extensively in software
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`programming, including during my employment at Raytheon and in a variety of
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`projects relating to navigation and communications systems at the Worcester
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`Polytechnic Institute.
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`11. GPS and GPS-related technologies have dominated the bulk of my
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`research since 1992. I have been involved in numerous academic, consulting, and
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`litigation projects
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`involving navigation, communications and computer
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`technologies. Examples of my academic projects include a container tracking system
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`in 2003 that explored the application of tracking and communications technologies
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`to track shipping containers, an automotive-based system in 2000 that combined
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`GPS and map data in an automotive environment, a remote hazard detection system
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`in 1996 that combined GPS and radio communications to remotely identify hazards
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`to the radio technologies to determine the precise path of vehicles operating off-road
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`during forest operations. As a consultant, I have worked with the combination of
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`GPS and radio communications in the context of space shuttle docking operations,
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`transfer of traffic information to GPS devices in a vehicle, combinations of GPS and
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`cellular communications for the tracking of individuals, and map-based handheld
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`tracking devices. engineer operating a freight train, and a differential GPS system in
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`1995 that combined GPS and radio technologies to determine the precise path of
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`vehicles operating off-road during forest operations. As a consultant, I have worked
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`with the combination of GPS and radio communications in the context of space
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`shuttle docking operations, transfer of traffic information to GPS devices in a
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`vehicle, combinations of GPS and cellular communications for the tracking of
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`IPR2022-00442 Petition
`U.S. Patent 10,820,147
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`individuals, and map-based handheld tracking devices.
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`12. My resume identifies the cases in which I have testified as an expert by
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`deposition or at trial during the last four years.
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`13.
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`In writing this report, I have considered my own knowledge and
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`experience, including my work experience in the fields of electrical engineering,
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`computer engineering, navigation and communications; my experience in teaching
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`those subjects; and my experience in working with others involved in those fields. I
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`have also considered the materials identified below.
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`14. Although for the sake of brevity this report refers to selected portions
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`of the cited references, it should be understood that one of ordinary skill in the art
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`would view the references cited herein in their entirety, and potentially in
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`combination with other references cited herein or cited within the references
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`themselves. The references used in this report, therefore, should be viewed as being
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`incorporated herein in their entirety.
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`15.
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`19
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`III. MATERIALS CONSIDERED
`In forming my opinions, I have reviewed the following documents, and
`16.
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`IPR2022-00442 Petition
`U.S. Patent 10,820,147
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`any other document cited in this declaration:
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`Exhibit
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`Ex-1001
`Ex-1002
`Ex-1005
`Ex-1006
`Ex-1007
`Ex-1008
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`Ex-1009
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`Description
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`U.S. Patent No. 10,820,147 (“the ’147 patent”)
`Prosecution File History of U.S. Patent No. 10,820,147
`U.S. Patent Application Publication No. 2002/0002036 (Uehara)
`U.S. Patent No. 6,928,291 (Yiu)
`U.S. Patent No. 6,480,783 (Myr)
`Claim Construction Order, Traxcell Techs., LLC v. AT&T, Inc., No.
`2-17-cv-00718, Dkt. 171 (E.D. Tex. Apr. 15, 2019)
`U.S. Patent App. Pub. No. 2001/0002036 (“Machida”)
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`17.
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`I have also relied on my education, experience, research, training, and
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`
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`knowledge in the relevant art, and my understanding of any applicable legal
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`principles described in this declaration.
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`18. All of the opinions contained in this declaration are based on the
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`documents I reviewed and my knowledge and professional judgment. My opinions
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`have also been guided by my understanding of how a person of ordinary skill in the
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`art would have understood the claims of the ’147 patent at the time of the alleged
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`invention. For purposes of this declaration, I have been asked to assume that the date
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`of the alleged invention is the earliest claimed priority date: October 4, 2001.
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`20
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`IPR2022-00442 Petition
`U.S. Patent 10,820,147
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`19.
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`I reserve the right to supplement and amend any of my opinions in this
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`declaration based on documents, testimony, and other information that becomes
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`available to me after the date of this declaration.
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`IV. LEGAL PRINCIPLES
`It is my understanding that there are two ways that prior art references
`20.
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`can render a patent claim unpatentable: anticipation and obviousness. Counsel has
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`informed me that the petitioner has the burden in an IPR to show unpatentability by
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`a preponderance of the evidence.
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`21.
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`I also understand that there is a set process as follows: a) the claims of
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`a patent are properly construed, b) then, you must compare the claim language to the
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`prior art on a limitation-by-limitation basis. If the prior art reference contains all the
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`elements of the claim language (explicitly or inherently), arranged as in the claims,
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`then that is considered anticipatio
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