ecobee Technologies, ULC
`v.
`EcoFactor, Inc.
`U.S. Patent No. 8,596,550
`IPR2022-00969 and IPR2022-00983
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`EcoFactor’s Hearing Demonstratives
`August 18, 2023
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`ECOBEE Exhibit 1024
`ECOBEE v. ECOFACTOR
`IPR2022-00969 and IPR2022-00983
`
`
`v.
`EcoFactor, Inc.
`U.S. Patent No. 8,596,550
`IPR2022-00969 and IPR2022-00983
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`EcoFactor’s Hearing Demonstratives
`August 18, 2023
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`ECOBEE Exhibit 1024
`ECOBEE v. ECOFACTOR
`IPR2022-00969 and IPR2022-00983
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`Instituted Grounds – ‘983 IPR
`
`» Ground 1: Claims 1-16
`Allegedly Obvious over Ehlers ‘330 in view of
`Wruck
`» Ground 1: Claims 9-16
`Allegedly Obvious over Ehlers ‘330 in view of
`Wruck and Harter
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`1
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`Instituted Grounds – ‘969 IPR
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`» Ground 1: Claims 17-23
`Allegedly Obvious over Ehlers ‘330 in view of
`Wruck
`» Ground 1: Claims 17-23
`Allegedly Obvious over Ols in view of Boait and
`Wruck
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`2
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`Overview of Argument
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`• Petitioner Mischaracterizes Wruck.
`•
`The “Delta Value” Is Not Explained In Wruck
`• Petitioner’s Evidence is Merely Conclusory Statements
`
`• Because of this Mischaracterization:
`• Wruck (with Ehlers or Ols and Boait) Does Not Disclose a Comparison of
`an Automated Setpoint with a Scheduled Setpoint
`There is No Motivation to Combine Wruck with Ehlers or with Ols and
`Boait
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`•
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`3
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`Overview of Argument
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`• Petitioner Fundamentally Misunderstands the Teachings of
`Ehlers ’330
`• Claims 1, 9, and 17 Are Not Invalid
`•
`Ehlers and Wruck Do Not Disclose “using the stored data to predict a rate of
`change of temperatures inside the structure in response to at least changes
`in outside temperatures.”
`Ehlers and Wruck Do Not Disclose “calculating with one or more computer
`processors, scheduled programming of the thermostatic controller for one or
`more times based on the predicted rate of change, the scheduled
`programming comprising at least a first automated setpoint at a first time.”
`
`•
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`4
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`Overview of Argument
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`• Ols, Boait, and Wruck Do Not Invalidate Claims 17-23
`• No Motivation to Combine Ols and Boait
`• Ols and Boait Do Not Disclose “using the stored data to predict a rate of
`change of temperatures inside the structure in response to at least changes
`in outside temperatures.”
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`5
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`‘550 Patent
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`6
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`‘550 Patent
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`U.S. Patent No. 8,596,550
`(“’550 Patent”)
`
`Title:
`“System, Method and Apparatus for
`Identifying Manual Inputs to and
`Adaptive Programming for a
`Thermostat”
`
`Issue Date:
`December 3, 2013
`
`Ex. 1001
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`EcoFactor, Inc.
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`7
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`Challenged Independent Claim 1
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`Ex. 1001, col. 8:7-30
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`* * *
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`8
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`Challenged Independent Claim 9
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`Ex. 1001, col. 8:50-9:6
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`* * *
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`9
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`Challenged Independent Claim 17
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`* * *
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`Ex. 1001, col. 9:26-10:18
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`10
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`Cited Prior Art
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`11
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`Ehlers ‘330
`
`U.S. Patent App. Pub. No.
`2004/0117330 (“Ehlers ‘330”)
`
`Title:
`“System and for Controlling Usage of
`a Commodity”
`
`Pub. Date:
`June 17, 2004
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`Ex. 1004
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`12
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`Wruck
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`U.S. Patent App. Pub. No.
`2005/0040250 (“Wruck”)
`
`Title:
`“Transfer of Controller
`Customizations”
`
`Date:
`February 24, 2005
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`Ex. 1005
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`13
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`Ols
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`U.S. Patent No. 8,374,725 (“Ols”)
`
`Title:
`“Climate Control”
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`Date:
`February 12, 2013
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`Ex. 1006
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`14
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`Boait
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`U.K. Patent App. Pub. No.
`2432016 (“Boait”)
`
`Title:
`“Transfer of Controller
`Customizations”
`
`Date:
`February 24, 2005
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`Ex. 1007
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`15
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`Petitioner Mischaracterizes the
`Teachings of Wruck
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`16
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`Petitioner Mischaracterizes the Teachings of Wruck
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`Petitioner states that:
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`983 IPR – Pet at 39.
`969 IPR – Pet. at 44.
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`17
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`“Delta value” is Only Disclosed in Table 28
`Highlighted portion is the only reference to “Delta Value” in the entire
`Wruck disclosure.
`
`• Wruck has 48 Figures and
`260 paragraphs across over
`35 pages
`• No discussion about what
`“Delta value” means or how
`it is calculated.
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`Ex. 1005, Table 28 ¶110.
`IPR 983 – POR at 39.
`969 IPR – POR at 42
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`18
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`“Delta value” is Only Disclosed in Table 28
`
`Wruck at ¶110:
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`Ex. 1005, Table 28, ¶110
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`19
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`Petitioner Mischaracterizes the Teachings of Wruck
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`• Petitioner’s Expert, Dr. Auslander,
`could not identify any support from
`the Wruck specification to support
`his position. Ex. 2008, 23:1-9
`• EcoFactor’s expert, Dr. Palmer,
`made clear “Delta value” could be
`any number of things.
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`Ex. 1022, 135:18-136:6
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`20
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`Prior Art Does Not Disclose “compar[ing] the one or more automated setpoints
`associated with said scheduled setpoint programming with said actual setpoint
`programming”
`
`• Claim 1e; Claim 9e; Claim 17j:
`“the one or more computer processors configured to
`compare the one or more automated setpoints
`associated with said scheduled setpoint programming
`with said actual setpoint programming”
`Ex. 1001, col. 8:21-24, 57-59; col. 9:36-10:2.
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`21
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`Wruck and Ehlers Do Not Disclose “compar[ing] the one or more automated
`setpoints associated with said scheduled setpoint programming with said
`actual setpoint programming”
`
`• There is no automated setpoint in Wruck
`• Only evidence is “Delta value” is Table 28
`• Wruck has 48 Figures, 260 paragraphs across over 35 pages
`• Only one single reference to “Delta value”
`• Not one discussion of what “Delta value” is or how it is obtained
`• Only Dr. Auslander’s conclusory opinions with the benefit of the claims
`of the ‘550 patent in front of him
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`983 IPR – POR at 38-42; Sur-reply at 17-21.
`969 IPR – POR at 41-45; Sur-reply at 17-21.
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`22
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`“Delta value” is Only Disclosed in Table 28
`Highlighted portion is the only reference to “Delta Value” in the entire
`Wruck disclosure.
`
`• Wruck has 48 Figures,
`260 paragraphs across over
`35 pages
`• No discussion about what it
`means or how it is
`calculated.
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`Ex. 1005, Table 28 ¶110.
`983 IPR – POR at 39.
`969 IPR – POR at 42.
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`23
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`No Motivation to Combine Ehlers and
`Wruck Or Ols, Boait and Wruck
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`24
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`No Motivation to Combine Ehlers and Wruck
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`Petitioner states that:
`
`Dr. Auslander states that “Wruck does just that.”
`
`But Wruck Does Not Do This.
`•
`No teaching in Wruck of Comparing
`Two Setpoints
`No teaching in Wruck of What “Delta
`value” means or how it is calculated
`No teaching in Wruck of calculating a
`setpoint
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`•
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`•
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`• Tellingly, Petitioner’ Reply Does Not Address
`EcoFactor’s Arguments Regarding No
`Motivation to Combine Wruck with either
`Ehlers or Ols and Boait
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`983 IPR – Pet. at 20-21, Ex. 1002, ¶ 65.
`969 IPR – Pet. at 19; Ex. 1002, ¶ 64.
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`25
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`Petitioner states that:
`
`
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`Ehlers ‘330 and Wruck (and Harter )
`Do Not Render Obvious Claims 1-23
`969 IPR Ground 1
`•
`983 IPR Grounds 1 and 2
`•
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`26
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`Petitioner Misunderstands the Teachings of Ehlers ‘330
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`“Thermal Gain Rate” ≠ “Rate of Change in Temperature”
`
`•
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`The “Thermal Gain Rate” Is Not The Same as a “Rate of Change
`in Temperature”
`•
`The phrase “thermal gain rate” is well understood by a POSITA as
`the rate at which energy is absorbed.
`The phrase “rate of change of temperature” is well understood to
`mean the specific change of temperature over a specific time period.
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`•
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`983 IPR - POR at 12; Sur-reply at 4-5.
`969 IPR – POR at 14; Sur-reply at 4.
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`27
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`Petitioner Misunderstands the Teachings of Ehlers ‘330
`Takes Fig. 3D Out of Context
`
`•
`•
`•
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`Left Hand Label Indicates “Indoor Setpoint”
`Requires 128 minutes for Readings
`If read literally, Ehlers ‘330’s
`description would indicate that the
`thermal gain rate would be a
`continuously increasing value between
`72 and 80 (units unspecified).
`But this is not consistent with other
`discussions in Ehlers ‘330.
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`983 IPR - POR at 13-14; Sur-reply at 5-6.
`969 IPR – POR at 14-15; Sur-reply at 6-7.
`Ex. 1004, Fig. 3D.
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`28
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`Petitioner Misunderstands the Teachings of Ehlers ‘330
`Fig. 3E Provides Necessary Context
`
`•
`•
`•
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`Left Axis labeled “HVAC Runtime”
`Right Axis labeled “Thermal Gain Rate Per Hour”
`Horizontal Axis labeled “Intervals of Time–Hour
`Intervals”
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`983 IPR - POR at 14-16; Sur-reply at 6-8.
`969 IPR – POR at 15-17; Sur-reply at 7-9.
`Ex. 1004, Fig. 3E.
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`29
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`Petitioner Misunderstands the Teachings of Ehlers ‘330
`Fig. 3G Provides Necessary Context
`
`• Same labels as Fig. 3E
`•
`Fig. 3G has nearly the same thermal
`gain plot as Fig. 3E, but allows indoor
`temperature to change by up to 3
`Degrees F.
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`983 IPR - POR at 16-18; Sur-reply at 8-9.
`969 IPR – POR at 17-19; Sur-reply at 9.
`Ex. 1004, Fig. 3G.
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`30
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`
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`Petitioner Misunderstands the Teachings of Ehlers ‘330
`Figs. 3E and 3G Provide Necessary Context
`
`•
`Fig. 3G superimposed on Fig. 3E
`• Same thermal gain rates but very
`different HVAC run % rates
`• Under Petitioner’s interpretation, the
`temperature would be increasing for
`both by 1-3 degrees per hour
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`983 IPR - POR at 18-19; Sur-reply at 9-10.
`969 IPR – POR at 19-21; Sur-reply at 9-12.
`Ex. 1004, Figs. 3E and 3G.
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`31
`
`
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`Prior Art Does Not Disclose “using the stored data to predict a rate of change of
`temperatures inside the structure in response to at least changes in outside
`temperatures”
`
`• Claim 1c; Claim 9c; Claim 17f:
`“using the stored data to predict a rate of change of
`temperatures inside the structure in response to at least
`changes in outside temperatures”
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`Ex. 1001, col. 8:13-15, 57-59; col. 9:36-10:2.
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`32
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`Prior Art Does Not Disclose “us[ing] the stored data to predict changes in
`temperature inside the structure in response to at least changes in outside
`temperatures.”
`
`• Petitioner continues its error of conflating “thermal gain rate” with “rate of
`changes in temperature.”
`• But as noted, they are not the same.
`
`•
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`The HVAC system being turned ON and functioning will not necessarily
`affect the thermal gain rate, as illustrated in Fig. 3E and Fig. 3G, discussed
`above, while it will significantly impact the rate of change of temperature.
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`983 IPR – POR at 21-22.
`969 IPR - POR at 23-24.
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`33
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`•
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`• Calculating a setpoint is not a prediction, it is developing an instruction for the
`control system.
`•
`A setpoint is a prediction only insofar as one might expect that when a thermostat
`receives a setpoint it will eventually control the HVAC system to achieve that
`temperature.
`In Ehlers ‘330, the user selecting the set point as well as providing “the number of
`degrees from the set point that the customer would make available to the system
`3.08.”
`•
`Based on this, the HVAC system is operated.
`•
`Not predicting a change in inside temperature based on change in outside temperature
`but merely setting a recovery time.
`983 IPR – POR at 26-27; Sur-reply at 15-16.
`969 IPR - POR at 28-29; Sur-reply at 15-16.
`Ex. 1004, ¶255.
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`34
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`•
`
`• Calculating a recovery time is not a prediction of inside temperature based on
`changes in outside temperature.
`•
`It is merely a calculation when the HVAC system is ON and functioning.
`Ehlers ‘330 controlling inside temperature to balance occupant comfort with “energy
`savings” is not a prediction of “inside temperature based on changes in outside
`temperature.”
`•
`HVAC runtime in Figs. 3E and 3G will keep inside temperature flat.
`•
`Thus, the thermal gain rate is not a prediction of how inside temperature will behave.
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`983 IPR – POR at 24-26; Sur-reply at 12-14.
`969 IPR - POR at 26-28; Sur-reply at 12-14.
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`35
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`• No disclosure in Ehlers ’330 of how to
`calculate ”thermal gain rate.”
`• Petitioner and Expert provide no
`support for conclusory statements
`about teachings of Ehlers ‘330.
`• At best, shows changes in
`temperature for a single, specific
`outside temperature.
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`983 IPR – POR at 27-28.
`969 IPR - POR at 29-30.
`Ex. 1004, Fig. 3D.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`36
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`
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`Petitioner’s Interpretation of Ehlers ‘330 Is Incorrect
`Under Petitioner’s Interpretation, there would be a temperature increase
`of approximately 42 degrees in one 24-hour period.
`
`983 IPR – POR at 27-29; 969 IPR - POR at 29-31; Ex. 1004, Figs. 3E and 3G.
`The increase in operational runtime of the HVAC system is necessary
`to counteract the increase in thermal gain (energy absorbed by the structure)
`in order to maintain the same inside temperature consistent with the fixed setpoint.
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`37
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`• Ehlers ’330 describes only user provided setpoints and variance.
`• Variance only used based on economic incentives.
`
`983 IPR – POR at 27-28; Sur-reply at 14-15.
`969 IPR - POR at 29-30; Sur-reply at 14-15.
`Ex. 1004, ¶256.
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`38
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`• Ehlers ’330 recovery time is also not a predicted rate of change.
`• No disclosure in Ehlers ‘330 that recovery time is calculated base don changes
`in outside temperature.
`
`983 IPR – POR at 30-31.
`969 IPR - POR at 32-33.
`Ex. 1004, ¶246.
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`39
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`
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`Ehlers ‘330 Does Not Calculate a Setpoint Based on a Predict
`Rate of Change
`
`• Ehlers ’330 ramping in not a predicted rate of change.
`• Nothing indicates it is based on outside temperatures.
`• No disclosure of calculating intermediate setpoints in Ehlers
`• Rather, the system determine when to move from one setpoint
`provided by a customer to another setpoint provided by a
`customer.
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`983 IPR – POR at 33-35; Sur-reply at 14-16.
`969 IPR - POR at 35-37; Sur-reply at 14-16.
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`40
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`Ehlers and Wruck Do Not Disclose “calculate scheduled setpoint programming …
`based on the predicted rate of change, the scheduled programming comprising one or
`more automated setpoints”
`
`• Claim 1d; Claim 9d; Claim 17g:
`“calculate scheduled setpoint programming of the
`programmable communicating thermostat for one or
`more times based on the predicted rate of change, the
`scheduled programming comprising one or more
`automated setpoints”
`
`Ex. 1001, col. 8:16-20, 8:60-64; col. 10:3-8
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`41
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`Ehlers ‘330 Does Not Calculate a Setpoint Based on a Predict
`Rate of Change
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`• Petitioner relies on the three automated setpoints identified
`previously for claim elements Claim 1c; Claim 9c; Claim 17f.
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`• But as stated previously, none of these three are automated
`setpoints
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`983 IPR – POR at 31-34; Sur-reply at 14-16.
`969 IPR - POR at 34-37; Sur-reply at 14-16.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`42
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`
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`Ehlers ‘330 Does Not Calculate a Setpoint Based on a Predict
`Rate of Change
`
`• Ehlers ’330 describes only user provided setpoints and variance.
`• Variance only used based on economic incentives.
`
`983 IPR – POR at 31; Sur-reply at 14-16.
`969 IPR - POR at 34; Sur-reply at 14-16.
`Ex. 1004, ¶256.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`43
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`Ehlers ‘330 Does Not Calculate a Setpoint Based on a Predict
`Rate of Change
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`• Ehlers ’330 recovery time is also not a predicted rate of change.
`• No disclosure in Ehlers ‘330 that recovery time is calculated based on changes
`in outside temperature.
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`EcoFactor, Inc. DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`983 IPR – POR at 30-31.
`969 IPR - POR at 32-33.
`Ex. 1004, ¶246.
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`44
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`Ehlers ‘330 Does Not Predict Changes in Inside Temperature
`Based on Changes in Outside Temperature
`
`•
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`•
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`•
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`Ehlers ’330 ramping in not a
`predicted rate of change.
`Nothing indicates it is based on
`outside temperatures.
`No disclosure of calculating
`intermediate setpoints in Ehlers
`•
`Rather, the system determines
`when to move from one setpoint
`provided by a customer to another
`setpoint provided by a customer.
`
`Ex. 1004, ¶325.
`
`983 IPR – POR at 27-28; Sur-reply at 14-15.
`969 IPR - POR at 29-30; Sur-reply at 14-15.
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`45
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`Ols, Boait, and Wruck
`Do Not Render Obvious Claims 17-23
`969 IPR Ground 2
`•
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`46
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`No Motivation to Combine Ols and Boait
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`47
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`No Motivation to Combine Ols and Boait
`Analysis Never Addresses Why A POSITA Would Make This Combination.
`
`• Ols is directed to a zone
`temperature-control system that
`controls dampers and registers to
`direct airflow.
`Boait describes controlling a
`central heating system that uses
`water or steam to control
`temperature.
`
`•
`
`969 IPR – POR at 46-49.
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`969 IPR – Pet. at 52.
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`48
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`No Motivation to Combine Ols and Boait
`Dr. Palmer’s Testimony Does Not Support Combination
`
`•
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`•
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`969 IPR – Reply at 20.
`Petitioner cites to Dr. Palmer’s
`testimony.
`But Dr. Palmer’s testimony does
`not support this.
`• When asked about “types of
`heating and cooling equipment”
`he said the opposite.
`
`Ex. 1023 - Palmer Dep 141:2-16
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`49
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`
`• Claim 17f:
`“use the stored data to predict a rate of change of
`temperatures inside the structure in response to
`changes in outside temperatures”
`
`Ex. 1001, col. 9:36-10:2
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`50
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`
`Ols explains that:
`
`969 IPR – Pet at 59
`
`• But none of the various data and
`parameters listed in Ols include changes
`in outside temperature.
`
`969 IPR – POR at 50
`
`Ex. 1006, 11:53-12:34
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`51
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`
`In my opinion, a POSITA would have understood from these disclosures that, for instance,
`the controller 124 may apply learning algorithms from historical data to take into account
`load conditions that may include outdoor climate conditions, including a change in outside
`temperature. Ols explains that “the outdoor climate conditions are used as factors for
`determining settings and actions,” and that a room load may be high when “for example,
`the sun is shining the room . . . and/or other factors that may be currently present making
`the room difficult to cool.” (Ex. 1006, 19:1-24, 12:14-34). In my opinion, a POSITA would
`have understood that outdoor climate conditions affect the ability to cool a room and could
`be considered in determining the room load. Indeed, the difference between the indoor
`and outdoor temperature was well known in the prior art to affect the rate at which a
`building loses or gains heat. (See, e.g., Ex. 1015, Book p. 200; Ex. 1016, Book p. 281).
`The learning algorithm takes into account the temperature response (or rate of change in
`the temperature) as a result of load and outdoor climate conditions.
`
`• This disclosure is about controlling the system to draw air in from outside into a
`room or dump air to the outside from a room.
`
`969 IPR – Ex. 1002, ¶ 180
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`969 IPR – POR at 51
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`Ex. 1006, 19:15-40
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`52
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`Petitioner Relies on The Boait Equations.
`
`• Te is the measured external temperature
`• No mention of changes to the external
`temperature
`
`Dr. Palmer agreed:
`
`969 IPR – Pet at 61; Ex. 1007, 20.
`
`Ex. 1022, 159:7-10.
`969 IPR – POR at 53; Sur-reply at 24.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`53
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`New Argument Inconsistent with Disclosure of ‘550 Patent.
`
`969 IPR – Reply at 21; Ex. 1007, 20.
`
`• New argument.
`• Inconsistent with disclosure of ‘550 patent.
`
`969 IPR – POR at 53; Sur-reply at 24-25
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`Ex. 1006, 19:15-40
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`54
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`Ols, Boait, and Wruck Do Not “use the stored data to predict a rate of change
`of temperatures inside the structure in response to changes in outside
`temperatures”
`
`969 IPR – Sur-reply at 24-25
`
`Ex. 1001, Figs. 6A and 6B.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`55
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`Ols, Boait, and Wruck Do Not Disclose “calculate scheduled setpoint
`programming … based on the predicted rate of change, the scheduled
`programming comprising one or more automated setpoints”
`
`• Claim 17g:
`“calculate scheduled setpoint programming of the
`programmable communicating thermostat for one or
`more times based on the predicted rate of change, the
`scheduled programming comprising one or more
`automated setpoints”
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`EcoFactor, Inc. DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Ex. 1001, col. 10:3-8.
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` IPR2022-00969 and IPR2022-00983 | SLIDE
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`56
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`Ols, Boait, and Wruck Do Not Disclose “calculate scheduled setpoint
`programming … based on the predicted rate of change, the scheduled
`programming comprising one or more automated setpoints”
`The “directives and settings” are physical configurations, not setpoints.
`
`969 IPR – Pet. at 64.
`• But the omitted portions of the Ols
`quote show that the “directives and
`settings” are physical configurations,
`not setpoints.
`969 IPR – POR at 55; Sur-reply at 26
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`Ex. 1006, 26:27-48.
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`Ols, Boait, and Wruck Do Not Disclose “calculate scheduled setpoint
`programming … based on the predicted rate of change, the scheduled
`programming comprising one or more automated setpoints”
`Text
`
`Ols explains that:
`
`969 IPR – Pet. at 64.
`
`• But this computation is based on the humidity
`values, not on a predicted rate of change.
`• Ols describes looking up the setpoint from data
`tables from the National Oceanic and
`Atmospheric Administration.
`969 IPR – POR at 55-56; Sur-reply at 26
`
`Ex. 1006, 31:20-24.
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`Secondary Considerations
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`59
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`Secondary Considerations
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`•
`•
`
`Dr. Auslander was hired as a consultant by EcoFactor. Ex. 2011, 55:24-56:24.
`EcoFactor prepared a document describing work EcoFactor did with the data it
`shared with Dr. Auslander and Dr. Auslander co-wrote the forward to that
`document. Id. at 56:25-57:17
`Dr. Auslander testified “that document is probably the only one I’ve ever
`•
`really written a forward for, other than my own stuff.” Id. at 57:18-23.
`• Dr. Auslander used the EcoFactor data to “develop control systems and
`strategies for controlling structure.” Id. at 57:24-58:6.
`• Dr. Auslander work included looking at “thermal modeling” of structure
`to “create dynamic signatures in a structure … [to] understand how an
`HVAC system interacted with a particular structure.” Id. at 59:10-24.
`969 IPR – POR at 62-63; Sur-reply at 28.
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`60
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