UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––
`
`
`AMERICAN HONDA MOTOR CO., INC.,
`Petitioner
`
`
`v.
`
`MICROPAIRING TECHNOLOGIES LLC
`Patent Owner
`––––––––––––––
`
`IPR2022-_______
`Patent 7,793,136 B2
`
`IPR2022-_______
`Patent 8,020,028 B2
`
`––––––––––––––
`
`
`DECLARATION OF DON INGERSOLL
`
`AHM, Exh. 1032, p. 1
`
`
`
`––––––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––––––
`
`
`AMERICAN HONDA MOTOR CO., INC.,
`Petitioner
`
`
`v.
`
`MICROPAIRING TECHNOLOGIES LLC
`Patent Owner
`––––––––––––––
`
`IPR2022-_______
`Patent 7,793,136 B2
`
`IPR2022-_______
`Patent 8,020,028 B2
`
`––––––––––––––
`
`
`DECLARATION OF DON INGERSOLL
`
`AHM, Exh. 1032, p. 1
`
`
`
`I, Don Ingersoll, hereby declare as follows:
`
`1.
`
`I am the former Vice President and Secretary-Treasurer of the
`
`Automotive Multimedia Interface Collaboration (“AMI-C”), a position I held from
`
`2000 until my retirement in 2006. I am over the age of eighteen years, and I am
`
`personally familiar with the facts set forth herein.
`
`2.
`
`I am not affiliated with any of the parties in this action (which I
`
`understand to include American Honda Motor Co., Inc. and MicroPairing
`
`Technologies LLC), nor do I have any interest in the outcome of this action.
`
`3.
`
`I submit
`
`this declaration concerning
`
`the public distribution,
`
`availability, and authenticity of a group of documents that I refer to herein as the
`
`“AMI-C Release 1 Specifications.” The AMI-C Release 1 Specifications include
`
`the following documents:
`
` AMI-C Architecture Specification – Release 1, AMI-C SPEC 1001-0-
`0 (Exhibit 1023)
`
` AMI-C Functional Requirements – Release 1, AMI-C SPEC 1002-0-0
`(Exhibit 1024)
`
` AMI-C Use Cases – Release 1, AMI-C SPEC 1003-0-0 (Exhibit
`1025)
`
` AMI-C Vehicle Interface Specification – Release 1, AMI-C SPEC
`3001-0-0 (Exhibit 1026)
`
` AMI-C Common Message Set – Release 1, AMI-C SPEC 3002-0-0
`(Exhibit 1027)
`
` AMI-C OEM to IDB-C Gateway Specification – Release 1, AMI-C
`SPEC 3003-0-0 (Exhibit 1028)
`1
`
`AHM, Exh. 1032, p. 2
`
`
`
` AMI-C Physical Specification – Release 1, AMI-C SPEC 4001-0-0
`(Exhibit 1029)
`
` AMI-C Technical Glossary, AMI-C REF DOC 6001-0-0 (Exhibit
`1030)
`AMI-C was formed as a collaboration of auto manufacturers in 1999
`
`4.
`
`and was incorporated in 2000. I began working for AMI-C in 1999 and assumed
`
`the role of Vice President and Secretary-Treasurer upon its incorporation in 2000.
`
`AMI-C was created to facilitate the development and promotion of industry
`
`standards for multimedia interfaces to vehicle communication networks. AMI-C
`
`was an open standardization effort whose goal was to develop a common standard
`
`that auto manufacturers could adopt into their designs.
`
`5.
`
`Each of the AMI-C Release 1 Specifications listed in paragraph 3
`
`above includes a “Revision Log” with a “Baseline Date” of January 1, 2001. Each
`
`of the AMI-C Release 1 Specifications also includes a “Request for Change Form”
`
`that interested parties could use to “identify any errors or deficiencies or to make
`
`general change recommendations.” The Request for Change Form listed my name
`
`and contact information as the location to which requestors could email, mail, or
`
`fax the completed form.
`
`6.
`
`To promote and facilitate the standards development effort, AMI-C
`
`maintained a website at ami-c.org, where information about AMI-C’s efforts was
`
`posted and made available to the general public. In my role as Vice President and
`
`2
`
`AHM, Exh. 1032, p. 3
`
`
`
`Secretary-Treasurer of AMI-C, I was familiar with the ami-c.org website and the
`
`information that AMI-C made available on that website, including in the early
`
`2001 timeframe. This website provided information on AMI-C’s activities, which
`
`focused in the early 2001 timeframe on release and continued development of
`
`AMI-C specifications. AMI-C’s public website also had a link for users to login to
`
`our non-public website, which was accessible only to authorized employees of our
`
`member automakers and to “Contributing Organizations,” to support work on
`
`ongoing projects. However, released specifications, including the Release 1
`
`specifications referenced in paragraph 3 above, were posted on the public portion
`
`of the AMI-C website. Consistent with the underlying purpose of AMI-C, it was in
`
`the interest of the automakers to have these documents publicly accessible to, and
`
`used by, others in the industry. We even made it easy for interested parties to
`
`download Release 1 by providing a link for those who wanted the entire set of
`
`documents in a zipped [compressed] format (which was important at the time when
`
`data transfer rates were incredibly slow by today’s standards).
`
`7.
`
`The ami-c.org website is no longer active, but I understand historical
`
`versions of the website are available via the Wayback Machine service of the
`
`Internet Archive. I have been provided with a declaration of Nathaniel E. Frank-
`
`White from the Internet Archive dated May 13, 2022. Exhibit A to Mr. Frank-
`
`White’s declaration contains printouts of various individual ami-c.org web pages
`
`3
`
`AHM, Exh. 1032, p. 4
`
`
`
`and indicates that those web pages were archived by the Wayback Machine service
`
`in April 2001. I have reviewed the ami-c.org web pages attached to Mr. Frank-
`
`White’s declaration and they are consistent with my recollection of the information
`
`that AMI-C made available on its website in the early 2001 timeframe.
`
`8.
`
`One of the web pages attached to Mr. Frank-White’s declaration,
`
`having a URL of https://web.archive.org/web/20010407120521/http://ami-
`
`c.org/news/news4.htm, contains an AMI-C press release dated January 22, 2001.
`
`The press release describes AMI-C’s release of the initial “Release 1”
`
`specifications, and specifically lists all of the AMI-C Release 1 Specifications
`
`identified in paragraph 3 above, with one exception. The press release does not
`
`specifically list the Technical Glossary (AMI-C REF DOC 6001-0-0), although as
`
`described below that document was part of the Release 1 specifications made
`
`available on the AMI-C website in January 2001.
`
`9.
`
`I recall drafting the AMI-C Release 1 press release with Mike Noblett,
`
`AMI-C Technical Program Manager, and the press release includes my contact
`
`information under the “Contact” heading. Our intention was to send the press
`
`release to media and post it on the ami-c.org website simultaneously with the
`
`posting of the AMI-C Release 1 specifications on the publicly accessible portion of
`
`the ami-c.org website. The press release bears a date of January 22, 2001, which is
`
`consistent with my recollection of when it was posted on the website and sent to
`
`4
`
`AHM, Exh. 1032, p. 5
`
`
`
`media. The specifications may have been posted a short time before the press
`
`release, but under the AMI-C organization’s standard practices the press release
`
`would not have been posted on the ami-c.org website or sent to the media prior to
`
`the posting of the Release 1 specifications on the website. Thus, the AMI-C
`
`Release 1 specifications would have been posted on the publicly accessible portion
`
`of the ami-c.org website on or before January 22, 2001.
`
`10. The January 22, 2001 press release also includes a hyperlink at which
`
`the Release 1 specifications “can be reviewed and downloaded from the non-profit
`
`corporation’s website.” Mr. Frank-White’s declaration includes another page from
`
`the ami-c.org website that is titled “Release 1 Specs” and has a URL of
`
`https://web.archive.org/web/20010407073120/http://ami-
`
`c.org/spec/acceptance/spec.htm. That web page includes hyperlinks to download
`
`each of the AMI-C Release 1 Specifications listed in paragraph 3 above, including
`
`the Technical Glossary (AMI-C REF DOC 6001-0-0).
`
`11.
`
`I have reviewed the AMI-C Release 1 Specifications listed in
`
`paragraph 3 above, and I confirm that those are true and correct copies of the
`
`specifications that were made available on the ami-c.org website when AMI-C
`
`released the initial “Release 1” specifications in January 2001, via the links shown
`
`in the archived version of the “Release 1 Specs” web page referenced above. I have
`
`confirmed this by reviewing each of the AMI-C Release 1 Specification
`
`5
`
`AHM, Exh. 1032, p. 6
`
`
`
`documents. I note that each document has “.0.0” following the specification
`
`number at the top of each page, which confirms that it is the initial release of the
`
`document, prior to any revisions. I further note that the “Revision Log” in each
`
`document does not list any revisions, which further confirms that each document is
`
`an initial release.
`
`12. As described above, when AMI-C posted the Release 1 Specifications
`
`on its website in January 2001, they were available for download by the general
`
`public. The ami-c.org website did not require a visitor to log in before
`
`downloading the specifications.
`
`13. Professionals in the automotive field, which would include myself and
`
`many of the persons with whom I worked in my role as Vice President and
`
`Secretary-Treasurer of AMI-C, were familiar with the AMI-C standardization
`
`effort and with AMI-C’s release of the Release 1 Specifications. When the Release
`
`1 specifications were first published in January 2001, AMI-C’s members included
`
`multiple major automotive companies. My recollection of its membership at that
`
`time is consistent with the “Member Companies” web page attached to Mr. Frank-
`
`White’s
`
`declaration,
`
`having
`
`a
`
`URL
`
`of
`
`https://web.archive.org/web/20010405084127/http://ami-c.org/memberco.htm. As
`
`shown on that April 2001 archived version of the web page, AMI-C’s membership
`
`at the time included: Fiat Auto, Ford Motor Company, General Motors, Honda,
`
`6
`
`AHM, Exh. 1032, p. 7
`
`
`
`Mitsubishi Motors, Nissan, PSA Peugeot Citroen, Renault, and Toyota.
`
`14.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct.
`
`Don Ingersoll
`Executed: May21,2022 »”
`
`AHM, Exh. 1032, p. 8
`
`AHM, Exh. 1032, p. 8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
