Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.
`
`Petitioner
`v.
`
`BISHOP DISPLAY TECH LLC
`Patent Owner
`
`
`
`Case No. IPR2022-00501
`Patent No. 7,995,047
`
`DECLARATION OF ALEX Z. KATTAMIS, PH.D., P.E.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 1 of 174
`
`
`SAMSUNG, EXH. 1002, P. 1
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`INTRODUCTION ........................................................................................ 8
`
`EXPERIENCE AND QUALIFICATIONS................................................ 8
`
`III. TASK SUMMARY AND MATERIALS REVIEWED ..........................10
`
`IV. LIST OF EXHIBITS ..................................................................................11
`
`V.
`
`SUMMARY OF CONCLUSIONS AND GROUNDS FOR
`CHALLENGE OF ’047 PATENT ............................................................13
`
`VI. UNDERSTANDING OF THE GOVERNING LAW ..............................14
`
`A. Level of Ordinary Skill in the Art ............................................................14
`
`B. Legal Standard for Claim Construction ...................................................15
`
`C. Anticipation ..............................................................................................16
`
`D. Obviousness .............................................................................................17
`
`VII. OVERVIEW OF THE ’047 PATENT ......................................................20
`
`A. Priority Date for Claims of the ’047 Patent .............................................20
`
`B. The Subject Matter of the ’047 Patent .....................................................21
`
`C. The Challenged Claims of the ’047 Patent ..............................................28
`
`D. Prosecution History of the ’047 Patent ....................................................31
`
`a. Originally Filed Claims on December 12, 2007 .................................31
`
`b. USPTO Examiner Issues Office Action on December 8, 2010 ..........35
`
`c. Applicants Respond to Office Action on March 7, 2011 ....................35
`
`d. Notice of Allowance on May 31, 2011 ...............................................43
`
`VIII. LEVEL OF ORDINARY SKILL IN THE ART FOR THE ’047
`PATENT ......................................................................................................44
`
`IX. CLAIM CONSTRUCTION ......................................................................44
`
`X.
`
`TECHNOLOGY BACKGROUND AND STATE OF THE ART
`FOR THE ’047 Patent ................................................................................45
`
`A. Exemplary References Corroborating the General Engineering
`Knowledge ...............................................................................................45
`
`a. Camara Handbook (Ex. 1007) .............................................................45
`
`b. den Boer Text (Ex. 1008) ....................................................................45
`
`
`Page 2 of 174
`
`
`SAMSUNG, EXH. 1002, P. 2
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`c. Han Article (Ex. 1009) ........................................................................46
`
`B. General Display Background ...................................................................46
`
`C. Basic Circuits for Driving Displays .........................................................49
`
`a. Voltage supply source / Voltage supply mode ....................................49
`
`b. Current supply source / Current supply mode....................................50
`
`c. Voltage-current converting circuit ......................................................50
`
`d. Capacitors ............................................................................................51
`
`e. Voltage and Current Programming .....................................................53
`
`XI. OVERVIEW OF THE PRIOR ART TO THE ’047 PATENT ..............57
`
`A. Shimoda (Ex. 1004) .................................................................................57
`
`a. Status of Shimoda as Prior Art ............................................................57
`
`b. Overview of the Disclosure of Shimoda .............................................59
`
`B. Baek (Ex. 1005) .......................................................................................62
`
`a. Status of Baek as Prior Art ..................................................................62
`
`b. Overview of the Disclosure of Baek ...................................................62
`
`C. Sasaki (Ex. 1006) .....................................................................................66
`
`a. Status of Sasaki as Prior Art ................................................................66
`
`b. Overview of the Disclosure of Sasaki .................................................67
`
`XII. GROUNDS 1 & 2: SHIMODA ..................................................................69
`
`A. Independent Claim 1 of the ’047 Patent ..................................................70
`
`a. 1(pre): “A current driving device, comprising:” .................................70
`
`b. 1(a): “a first voltage supply source for supplying a first
`voltage;” ..............................................................................................72
`
`c. 1(b): “a first current supply source for supplying a first electric
`current;” ...............................................................................................74
`
`d. 1(c): “a plurality of output terminals;” ................................................76
`
`e. 1(d)(1): “and a plurality of current output circuits for outputting
`an electric current in accordance with said first electric current,
`each of said current output circuits comprising”.................................79
`
`f. 1(d)(2): “a current-voltage converting circuit, a voltage-current
`converting circuit, a voltage holding circuit having a terminal
`
`
`Page 3 of 174
`
`
`SAMSUNG, EXH. 1002, P. 3
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`being connected to a reference voltage different from the first
`voltage, and at least one current output terminal, wherein,”...............82
`
`g. 1(e): “each of said current output circuits operates in three
`operation modes including a voltage supply mode, a current
`supply mode, and a current output mode,” .........................................92
`
`h. 1(f): “under said voltage supply mode, each of said current
`output circuits receives said first voltage from said first voltage
`supply source, and the first voltage is supplied to another
`terminal of said voltage holding circuit,” ............................................93
`
`i. 1(g): “under said current supply mode, each of said current
`output circuits receives said first current from said first current
`supply source, and generates a second voltage by said current-
`voltage converting circuit, and the first current is supplied to
`said another terminal of said voltage holding circuit, and” ................96
`
`j. 1(h): “under said current output mode, each of said current
`output circuits outputs an output current according to said
`voltage held in said voltage holding circuit by said voltage-
`current converting circuit.” ...............................................................102
`
`B. Claims Depending From Claim 1 of the ’047 Patent .............................105
`
`a. “2. The current driving device according to claim 1, wherein:
`each of said output terminals is connected to said current output
`terminals provided to said plurality of said current output
`circuits, and each of said plurality of current output circuits is
`connected in parallel to said first current supply source and said
`first voltage supply source used in common.” ..................................105
`
`b. “3. The current driving device according to claim 1, wherein, in
`each of said current output circuits, said current-voltage
`converting circuit is actuated under said voltage supply mode.” ......111
`
`c. “4. The current driving device according to claim 1, wherein
`each of said current output circuits is configured to stop said
`current-voltage converting circuit under said voltage supply
`mode.” ...............................................................................................112
`
`d. “9. A current-driving-type display device, comprising said
`current driving device according to claim 1 mounted thereon so
`as to be driven by said current driving device.” ................................113
`
`
`Page 4 of 174
`
`
`SAMSUNG, EXH. 1002, P. 4
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`XIII. GROUNDS 3 & 4: BAEK ........................................................................113
`
`A. Independent Claim 1 of the ’047 Patent ................................................114
`
`a. 1(preamble): “A current driving device, comprising:” .....................114
`
`b. 1(a): “a first voltage supply source for supplying a first
`voltage;” ............................................................................................115
`
`c. 1(b): “a first current supply source for supplying a first electric
`current;” .............................................................................................117
`
`d. 1(c): “a plurality of output terminals;” ..............................................120
`
`e. 1(d)(1): “and a plurality of current output circuits for outputting
`an electric current in accordance with said first electric current,
`each of said current output circuits comprising”...............................123
`
`f. 1(d)(2) “a current-voltage converting circuit, a voltage-current
`converting circuit, a voltage holding circuit having a terminal
`being connected to a reference voltage different from the first
`voltage, and at least one current output terminal, wherein”..............125
`
`g. 1(e): “each of said current output circuits operates in three
`operation modes including a voltage supply mode, a current
`supply mode, and a current output mode,” .......................................135
`
`h. 1(f). “under said voltage supply mode, each of said current
`output circuits receives said first voltage from said first voltage
`supply source, and the first voltage is supplied to another
`terminal of said voltage holding circuit,” ..........................................137
`
`i. 1(g). “under said current supply mode, each of said current
`output circuits receives said first current from said first current
`supply source, and generates a second voltage by said current-
`voltage converting circuit, and the first current is supplied to
`said another terminal of said voltage holding circuit, and” ..............140
`
`j. 1(h). “under said current output mode, each of said current
`output circuits outputs an output current according to said
`voltage held in said voltage holding circuit by said voltage-
`current converting circuit.” ...............................................................144
`
`B. Claims Depending From Claim 1 of the ’047 Patent .............................147
`
`a. “2. The current driving device according to claim 1, wherein:
`each of said output terminals is connected to said current output
`
`
`Page 5 of 174
`
`
`SAMSUNG, EXH. 1002, P. 5
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`terminals provided to said plurality of said current output
`circuits, and each of said plurality of current output circuits is
`connected in parallel to said first current supply source and said
`first voltage supply source used in common” ...................................147
`
`b. “3. The current driving device according to claim 1, wherein, in
`each of said current output circuits, said current-voltage
`converting circuit is actuated under said voltage supply mode.” ......151
`
`c. “4. The current driving device according to claim 1, wherein
`each of said current output circuits is configured to stop said
`current-voltage converting circuit under said voltage supply
`mode.” ...............................................................................................152
`
`d. “9. A current-driving-type display device, comprising said
`current driving device according to claim 1 mounted thereon so
`as to be driven by said current driving device.” ................................154
`
`XIV. GROUND 5 & 6: SASAKI .......................................................................155
`
`A. Independent Claim 10 of the ’047 Patent ..............................................155
`
`a. 10(preamble): “A current driving device, comprising:” ...................155
`
`b. 10(a): “a current input switch for controlling
`connection/disconnection states with respect to a current supply
`source;” ..............................................................................................155
`
`c. 10(b): “a voltage holding circuit for holding a reference voltage,
`which is charged by a flown current, the voltage holding circuit
`having a first terminal and a second terminal, the first terminal
`being connected to a fixed voltage;” .................................................157
`
`d. 10(c): “a calibration switch interposed between said current
`input switch and said voltage holding circuit;” .................................160
`
`e. 10(d): “a plurality of voltage-current converting elements for
`generating an electric current in accordance with said reference
`voltage held in said voltage holding circuit;” ...................................162
`
`f. 10(e): “a plurality of signal response switches that are on/off
`controlled in accordance with inputted signals, each of said
`response switches being connected in series to a corresponding
`one of said voltage-current converting elements, and each of
`which being connected in parallel to said calibration switch;” .........164
`
`
`Page 6 of 174
`
`
`SAMSUNG, EXH. 1002, P. 6
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`g. 10(f): “a connection node provided between said current input
`switch and said calibration switch;” ..................................................166
`
`h. 10(g): “a plurality of current output switches, each being
`interposed between the connection node and said plurality of
`current output terminals; and” ...........................................................167
`
`i. 10(h): “a high-speed switch for controlling
`connection/disconnection states of said voltage supply source
`with respect to the second terminal of said voltage holding
`circuit.” ..............................................................................................172
`
`XV. SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS
`REGARDING THE CHALLENGED PATENT ...................................173
`
`XVI. CONCLUSION .........................................................................................174
`
`
`
`
`Page 7 of 174
`
`
`SAMSUNG, EXH. 1002, P. 7
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`I.
`
`INTRODUCTION
`
`1. My name is Alex Kattamis. I make this declaration based upon my own
`
`personal knowledge and, if called upon to testify, would testify competently to the
`
`matters contained herein.
`
`2.
`
`3.
`
`I am over the age of 21 and am competent to make this declaration.
`
`I have been retained by Baker Botts LLP on behalf of Samsung to
`
`provide technical assistance in the inter partes review of U.S. Patent No. 7,995,047,
`
`which I may abbreviate as “the ’047 Patent” or refer to as the “Challenged
`
`Patent.” This declaration is a statement of my opinions on issues related to the
`
`unpatentability of claims of the Challenged Patent.
`
`4.
`
`I am a salaried employee of Exponent. Exponent charges $495 per hour
`
`for my time plus expenses for work performed in connection with this project. I have
`
`received no additional compensation for work in this case, and my compensation
`
`does not depend upon the contents of this report, any testimony I may provide, or
`
`the ultimate outcome of the case.
`
`II. EXPERIENCE AND QUALIFICATIONS
`
`5.
`
`In formulating my opinions, I have relied upon my knowledge, training,
`
`and experience in the relevant art. My qualifications are stated more fully in my
`
`curriculum vitae, which has been provided as Appendix A. My CV also lists
`
`publications on which I am a named author and identifies parties on behalf of whom
`
`
`Page 8 of 174
`
`
`SAMSUNG, EXH. 1002, P. 8
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`I have previously provided expert testimony within the past four years. Here, I
`
`provide a brief summary of my qualifications.
`
`6.
`
`I am a Senior Managing Engineer in Exponent’s Electrical Engineering
`
`and Computer Science practice. I received my B.A. in Electrical Engineering from
`
`the University of Connecticut in 2002 and an M.A. and Ph.D. in Electrical
`
`Engineering from Princeton University in 2004 and 2007 respectively.
`
`7.
`
`During my time at the University of Connecticut and through a grant
`
`from the National Science Foundation I designed and implemented devices for
`
`people with disabilities. This included the design and manufacture of analog and
`
`digital control systems for devices including go-karts and electronic lifts.
`
`8.
`
`Before joining Princeton University, I worked as a design engineering
`
`intern at General Electric Industrial Systems. There I designed and implemented
`
`analog and digital circuits. This work included the implementation of current sense
`
`devices for feedback in power supplies
`
`9.
`
`At Princeton University my research was focused on designing and
`
`fabricating pixel circuits on non-conventional substrates for driving liquid-crystal
`
`display (LCDs) and active-matrix organic
`
`light emitting diode displays
`
`(AMOLEDs).
`
`
`Page 9 of 174
`
`
`SAMSUNG, EXH. 1002, P. 9
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`10. Throughout my career at Exponent I have worked extensively on
`
`AMOLED and LCD displays including driver circuits, and thin-film transistor and
`
`pixel architectures.
`
`11.
`
`I am a licensed Professional Engineer in the State of Connecticut, the
`
`State of Georgia, the Commonwealth of Massachusetts, the State of New Jersey, the
`
`State of New York, the Commonwealth of Pennsylvania, the State of Rhode Island,
`
`and in State of Texas. I am also designated a Model Law Engineer by the National
`
`Council of Examiners for Engineering.
`
`12.
`
`I am a Senior Member of the Institute of Electrical and Electronics
`
`Engineers (IEEE), which is the world’s largest technical professional organization
`
`dedicated to advancing technology for the benefit of humanity.
`
`13. Therefore, based on my education, professional experience, scholarly
`
`books and publications, I am an expert in the relevant field of the Challenged Patent
`
`at issue here and have been an expert in this field since before the Challenged Patent
`
`was filed with the United States Patent and Trademark Office (“USPTO”). I am
`
`familiar with how a person having ordinary skill in the art would have understood
`
`and used the terminology found in the Challenged Patent at the time of its filing.
`
`III. TASK SUMMARY AND MATERIALS REVIEWED
`
`14.
`
`I have been asked to review the Challenged Patent and its prosecution
`
`history, to provide an understanding of the technology relevant to the Challenged
`
`Page 10 of 174
`
`
`SAMSUNG, EXH. 1002, P. 10
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`Patent, to review certain prior-art references, and analyze whether or not those
`
`references disclose or teach limitations of claims from the Challenged Patent. The
`
`opinions stated in this declaration are from the perspective of a person of ordinary
`
`skill in the art (POSITA).
`
`IV. LIST OF EXHIBITS
`
`15.
`
`In forming my opinions, I have reviewed the Challenged Patent, its
`
`prosecution history and referenced cited by the Examiner, the materials cited in the
`
`List of Exhibits, and the materials cited throughout my declaration.
`
`Ex.
`
`Description of Exhibits
`
`1001
`
`1002
`
`U.S. Patent No. 7,995,047 to Makoto Mizuki et al., entitled “Current Driving
`Device” (filed December 12, 2007 and issued August 9, 2011) (“’047 Patent”
`or “Challenged Patent”)
`
`Declaration of Dr. Alex Kattamis in Support of Petition for Inter Partes
`Review of U.S. Patent No. 7,995,047, with CV attached as Appendix A
`(“Kattamis Decl.”)
`
`1003
`
`File History of U.S Patent No. 7,995,047 (App. No. 11/954,659) (“’047
`Patent File History”)
`
`1004
`
`1005
`
`M. Shimoda, K. Abe, H. Haga, H. Asada, H. Hayama, K, Iguchi, D. Iga, H.
`Imura, and S. Miyano, “An integrated poly-Si TFT current data driver with a
`data-line pre-charge function,” Journal of the Society for Information Display
`11/3 (2003): 461-466 (“Shimoda”)
`
`U.S. Patent Publication No. 2006/0170629 to Jong-Hak Baek, entitled
`“Display Driver Circuit, Current Sample/Hold Circuit and Display Driving
`Method Using the Display Driver Circuit” (filed January 27, 2006 and
`published August 3, 2006) (“Baek”)
`
`
`Page 11 of 174
`
`
`SAMSUNG, EXH. 1002, P. 11
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`1006
`
`1007
`
`U.S. Patent Publication No. 2005/0017765 to Kazuhiro Sasaki and Katsuhiko
`Morosawa, entitled “”Current Generation Supply Circuit and Display Device”
`(filed July 14, 2004 and published January 27, 2005 (“Sasaki”)
`
`John A. Camara, ELECTRICAL ENGINEERING REFERENCE MANUAL FOR THE
`ELECTRICAL AND COMPUTER PE EXAM, 6th ed. (Professional Publications,
`Inc.: 2002), ISBN: 1-888577-56-8 (“Camara”)
`
`1008
`
`Willem den Boer, ACTIVE MATRIX LIQUID CRYSTAL DISPLAYS, 1st ed.
`(Newnes: 2005), ISBN: 0-750678-13-5 (“den Boer”)
`
`1009
`
`M.K. Han, “AM backplane for AMOLED,” Proc. Of ASID 6 (Oct. 8-12,
`2006): 53-58 (“Han”)
`
`1010
`
`1011
`
`1012
`
`1013-
`1018
`
`1019
`
`B. Hekmatshoar, A. Kattamis et al., “A Novel TFT-OLED integration for
`OLED-independent pixel programming in amorphous-Si AMOLED pixels,”
`Journal of the Society for Information Display 16/1 (2008): 183-188.
`
`A. Kattamis et al., “Active-matrix organic light-emitting displays employing
`two thin-film-transistor a-Si:H pixels on flexible stainless-steel foil,” Journal
`of the Society for Information Display 15/7 (2007): 433-437.
`
`About the SID (dated June 16, 2004), available at:
`https://web.archive.org/web/20040616180753/http://www.sid.org/about/about
`.html
`
`NOT USED
`
`Declaration of Dr. James L. Mullins sponsoring Exhibit 1004 and Exhibits
`1020-1027 (“Mullins Decl.”)
`
`1020 Copy of Shimoda owned by the Linda Hall Library
`
`1021 Copy of Shimoda owned by the United States Library of Congress
`
`1022 WorldCat entry for Journal of the Society for Information Display (Missouri)
`
`1023
`
`WorldCat entry for Journal of the Society for Information Display
`(Washington, DC)
`
`
`Page 12 of 174
`
`
`SAMSUNG, EXH. 1002, P. 12
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`1024
`
`OPAC record from Linda Hall Library for Journal of the Society for
`Information Display
`
`1025
`
`OPAC record from United States Library of Congress for Journal of the
`Society for Information Display
`
`1026
`
`1027
`
`J.L. Sanford and F.R. Libsch, “Vt compensated voltage-data a-Si TFT
`AMOLED pixel circuits,” Journal of the Society for Information Display 11/1
`(2004): 65-73 (“Sanford”)
`
`Y.-S. Son, S.-K. Kim, Y.-J. Jeon et al., “P-40: A Novel Data Driving Method
`and Circuits for AMOLED Displays,” SID Symposium Digest of Technical
`Papers 37 (2006): 343-346 (“Son”)
`
`
`Other than the prosecution history, Ex. 1003, respectively, all citations to exhibits
`
`reference original page numbers found in the underlying document, and unless
`
`noted, all emphases have been added.
`
`V.
`
`SUMMARY OF CONCLUSIONS AND GROUNDS FOR
`CHALLENGE OF ’047 PATENT
`
`16. After reviewing the materials identified in the List of Exhibits, I have
`
`concluded that each of Claims 1-4, 9, and 10 (“Challenged Claims”) of the ’047
`
`Patent would have been anticipated and/or obvious to a person of ordinary skill in
`
`the art, based on the following grounds.
`
`Ground
`1
`2
`
`’047 Patent Claims
`1-4, 9
`1-4, 9
`
`3
`4
`
`5
`
`1-4, 9
`1-4, 9
`
`10
`
`
`Page 13 of 174
`
`
`Basis for Invalidity
`Anticipated by Shimoda (Ex. 1004)
`Obvious over Shimoda (Ex. 1004) in view of the
`knowledge of a POSITA
`Anticipated by Baek (Ex. 1005)
`Obvious over Baek (Ex. 1005) in view of the
`knowledge of a POSITA
`Anticipated by Sasaki (Ex. 1006)
`
`SAMSUNG, EXH. 1002, P. 13
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`Ground
`6
`
`’047 Patent Claims
`10
`
`Basis for Invalidity
`Obvious over Sasaki (Ex. 1006)
`
`
`VI. UNDERSTANDING OF THE GOVERNING LAW
`
`A. LEVEL OF ORDINARY SKILL IN THE ART
`
`17. When analyzing a patent, I understand that it is important to identify
`
`the relevant art pertaining to the patent as well as the level of ordinary skill in that
`
`art at the time of the claimed invention. The “art” is the field of technology to which
`
`the patent is related.
`
`18.
`
`I have been instructed by counsel that the person of ordinary skill in the
`
`art (“POSITA”) is a hypothetical person who is presumed to know the relevant prior
`
`art. I understand that the actual inventor’s skill is not determinative of the level of
`
`ordinary skill. I further understand that the factors that may be considered in
`
`determining the level of skill include: the types of problems encountered in the art;
`
`prior art solutions to those problems; rapidity with which innovations are made;
`
`sophistication of the technology; and educational level of active workers in the field.
`
`I understand that not all such factors may be present in every case, and one or more
`
`of them may predominate.
`
`
`Page 14 of 174
`
`
`SAMSUNG, EXH. 1002, P. 14
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`B.
`
`LEGAL STANDARD FOR CLAIM CONSTRUCTION
`
`19.
`
`I understand that the first step in determining whether a patent claim
`
`would have been anticipated or obvious is to ascertain how a POSITA would have
`
`understood the claim terms.
`
`20.
`
`I have been instructed by counsel on the law regarding claim
`
`construction and patent claims, and I understand that a patent may include two types
`
`of claims: independent claims and dependent claims. An independent claim stands
`
`alone and includes only the limitations it recites. A dependent claim can depend
`
`from an independent claim, or it can further depend from another dependent claim.
`
`I understand that a dependent claim includes all the limitations that it recites, in
`
`addition to all the limitations recited in the claim(s) from which it depends.
`
`21.
`
`It is my understanding that in proceedings before the USPTO, the
`
`claims of a patent are to be construed under what is referred to as the “Phillips
`
`standard.” I understand that this means that claim terms of a patent are given the
`
`meaning the terms would have to a POSITA, in view of the description provided in
`
`the patent itself and the patent’s file history.
`
`22.
`
`I understand that to determine how a person of ordinary skill would
`
`understand a claim term, one should look to those sources available that show what
`
`a person of skill in the art would have understood the disputed claim language to
`
`mean. I understand that, in construing a claim term, one looks primarily to the
`
`Page 15 of 174
`
`
`SAMSUNG, EXH. 1002, P. 15
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`intrinsic patent evidence, including the words of the claims themselves, the
`
`remainder of the patent, and the patent’s prosecution history. I understand that
`
`extrinsic evidence, which is evidence external to the patent and the prosecution
`
`history, may also be useful in interpreting patent claims when the intrinsic evidence
`
`itself is insufficient.
`
`23.
`
`I understand that words or terms should be given their ordinary and
`
`accepted meaning unless it appears that the inventors were using them to mean
`
`something else. In making this determination, the claims, the remainder of the
`
`patent, and the prosecution history are of paramount importance. Additionally, the
`
`patent and its prosecution history must be consulted to confirm whether the patentee
`
`has acted as its own lexicographer (i.e., provided its own special meaning to any
`
`disputed terms), or intentionally disclaimed, disavowed, or surrendered any claim
`
`scope.
`
`24.
`
`In comparing the claims of the Challenged Patent to the prior art, I have
`
`considered the Challenged Patent and its file history in light of the understanding of
`
`a person of skill at the time of the alleged invention.
`
`C. ANTICIPATION
`
`25.
`
`It is my understanding that the claims of a patent are anticipated by a
`
`prior art reference if each and every element of the claim is found either explicitly
`
`or inherently in a single prior art reference. I understand that inherency requires a
`
`Page 16 of 174
`
`
`SAMSUNG, EXH. 1002, P. 16
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`showing that the missing descriptive matter in the claim is necessarily or implicitly
`
`present in the allegedly anticipating reference, and that it would have been so
`
`recognized by a POSITA. In addition, I understand that an enabling disclosure is a
`
`disclosure that allows a POSITA to make the invention without undue
`
`experimentation. Although anticipation typically involves the analysis of a single
`
`prior art reference, I understand that additional references may be used to show that
`
`the primary reference has enabling disclosure, to explain the meaning of a term used
`
`in the primary reference, and/or to show that a characteristic is inherent in the
`
`primary reference.
`
`D. OBVIOUSNESS
`
`26.
`
`I understand that the prior art may render a patent claim “obvious.” I
`
`understand that two or more prior art references (e.g., prior art articles, patents, or
`
`publications) that each disclose fewer than all elements of a patent claim may
`
`nevertheless be combined to render a patent claim obvious if the combination of the
`
`prior art collectively discloses all elements of the claim and one of ordinary skill in
`
`the art at the time would have been motivated to combine the prior art in such a way.
`
`I understand that this motivation to combine need not be explicit in any of the prior
`
`art, but may be inferred from the knowledge of one of ordinary skill in the art at the
`
`time the patent was filed. I also understand that one of ordinary skill in the art is not
`
`an automaton, but is a person having ordinary creativity. I further understand that
`
`Page 17 of 174
`
`
`SAMSUNG, EXH. 1002, P. 17
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`one or more prior art references, articles, patents or publications that disclose fewer
`
`than all of the elements of a patent claim may render a patent claim obvious if
`
`including the missing element would have been obvious to one of skill in the art
`
`(e.g., the missing element represents only an insubstantial difference over the prior
`
`art or a reconfiguration of a known system).
`
`27.
`
`I understand that under the doctrine of obviousness, a claim may be
`
`invalid if the differences between the invention and the prior art are such that the
`
`subject matter as a whole would have been obvious at the time the invention was
`
`made to a POSITA to which the subject matter pertains.
`
`28. To assess obviousness, I understand that I am to consider the scope and
`
`content of the prior art, the differences between the prior art and the claim, the level
`
`of ordinary skill in the art, and any secondary considerations to the extent they exist.
`
`29.
`
`I understand that any evidence of secondary indicia of non-obviousness
`
`should be considered when evaluating whether a claimed invention would have been
`
`obvious to one of ordinary skill at the time of invention. These secondary indicia of
`
`non-obviousness may include, for example:
`
`• a long felt but unmet need in the prior art that was satisfied by the
`claimed invention;
`
`• commercial success of processes claimed by the patent;
`
`• unexpected results achieved by the invention;
`
`
`Page 18 of 174
`
`
`SAMSUNG, EXH. 1002, P. 18
`
`

`

`Declaration of Dr. Alex Kattamis
`IPR of USP 7,995,047
`
`
`• praise of the invention by others skilled in the art;
`
`• the taking of licenses under the patent by others; and
`
`• deliberate copying of the invention.
`
`I understand that there must be a nexus between any such secondary indicia and the
`
`claimed invention.
`
`30.
`
`It is also my understanding that there are additional considerations that
`
`may be used as further guidance as to when the above factors w