Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 1 of 10 PageID #: 19730
`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 1 of 10 PageID #: 19730
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`EXHIBIT 22
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`EXHIBIT 22
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 1 of 10 PageID #: 19730
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`EXHIBIT 22
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`EXHIBIT 22
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 2 of 10 PageID #: 19731
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
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`
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`REBUTTAL EXPERT REPORT OF JOSEPH C. McALEXANDER III
`REGARDING VALIDITY OF U.S. PATENT NUMBERS:
`8,213,970; 9,408,055; 9,445,251; 9,467,838; AND 9,749,829
`
`
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`
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`AGIS SOFTWARE DEVELOPMENT LLC,
`vs.
`APPLE, INC.
`
`
`
`
`
`
`Civil Action No. 2:17-CV-516-JRG
`
`
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`
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`November 19, 2018
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 3 of 10 PageID #: 19732
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`secondary considerations of non-obviousness. I disagree with the conclusions presented by both
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`Clark and Siegel.
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`6.
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`This rebuttal report contains my opinions with respect to the subject matter of this
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`proceeding and with the understandings as set forth above. I specifically reserve the right to
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`formulate and offer additional or supplemental opinions based on any additional information,
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`discovery, or evidence that may be provided or derived, future court rulings, or agreements
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`between the parties, to the extent permitted by the Court.
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`7.
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`The opinions I formed, regarding validity of the asserted claims of the '970, '055, '251,
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`'838, and '829 Patents, are covered in detail in Section 7. The bases for those opinions are
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`defined in Section 6. And the documents, references and other materials I have reviewed and
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`considered are addressed in Section 5.
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`8.
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`I anticipate being called to provide expert testimony before the U.S. District Court for the
`I anticipate being called to provide expert testimony before the U.S. District Court for the
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`Eastern District of Texas regarding my opinions formed, resulting from my review of the '970,
`Eastern District of Texas regarding my opinions formed, resulting from my review of the '970,
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`'055, '251, '838, and '829 Patents, the respective patent prosecution histories, and the previous
`'055, '251, '838, and '829 Patents, the respective patent prosecution histories, and the previous
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`October 29, 2018 reports of Clark and Siegel, including the identified art, as well as other
`October 29, 2018 reports of Clark and Siegel, including the identified art, as well as other
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`invalidity arguments or contentions raised by APPLE, INC., (hereinafter referred to as “APPLE.”
`invalidity arguments or contentions raised by APPLE, INC., (hereinafter referred to as “APPLE.”
`
`If called, I will so testify.
`
`9.
`
`Clark addressed the following alleged, prior art references in his report:
`
`(1) U. S. Patent Number 7,386,589 to Tanumihardja and Brown (“the
`'589 Patent” or “Tanumihardja”);
`(2) U. S. Patent Application Publication Number 2003/0217109 to
`Ordille and Petsche (“the '109 Application” or “Ordille”);
`(3) U. S. Patent Number 5,692,032 to Seppänen, et. al. (“the '032 Patent”
`or “Seppänen”);
`(4) U. S. Patent Application Publication Number 2006/0178128 to
`Eaton, et. al. (“the '128 Application” or “Eaton”);
`
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`3
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 4 of 10 PageID #: 19733
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`10.
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`11.
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`(5) U. S. Patent Application Publication Number 2002/0115453 to
`Poulin, et. al. (“the '453 Application” or “Poulin”);
`(6) U. S. Patent Number 7,353,034 to Haney (“the '034 Patent” or
`“Haney”);
`(7) U. S. Patent Application Publication Number 2007/0281690 to
`Altman and Sivo (“the '690 Application” or “Altman”); and
`(8) LifeRing.
`
`Siegel addressed the following alleged, prior art references in his report:
`Siegel addressed the following alleged, prior art references in his report:
`
`(9) Force XXI Battle Command Brigade-and-Below System (“FBCB2”
`(9) Force XXI Battle Command Brigade-and-Below System (“FBCB2”
`or “Blue Force Tracker”).
`or “Blue Force Tracker”).
`
`Table 1 below summarizes the references, addressed by Clark and Siegel, as applied to
`Table 1 below summarizes the references, addressed by Clark and Siegel, as applied to
`
`the '970, '055, '251, '838, and '829 Patents claims-at-issue in this case (reference numbers
`the '970, '055, '251, '838, and '829 Patents claims-at-issue in this case (reference numbers
`
`correspond to the numbers of the alleged prior art list above):
`correspond to the numbers of the alleged prior art list above):
`
`Patent Claims at
`Issue
`
`Alleged Anticipation
`References
`
`Alleged Obviousness References
`
`'970 Patent,
`Claim 1
`
`'970 Patent,
`Claim 5
`
`'970 Patent,
`Claim 6
`
`'970 Patent,
`Claim 8
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`1; 2
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`1; 2
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`1; 2
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`1; 2
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`1; 2;
`(1 or 2) in view of (3 or 4);
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`1; 2;
`(1 or 2) in view of (3 or 4);
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`1; 2;
`(1 or 2) in view of (3 or 4);
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`1; 2;
`(1 or 2) in view of (3 or 4);
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`'055 Patent,
`Claim 1
`
`5; 6; 8; 9
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`4
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 5 of 10 PageID #: 19734
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`Patent Claims at
`Issue
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`
`
`Alleged Anticipation
`References
`
`Alleged Obviousness References
`
`'055 Patent,
`Claim 5
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`5; 6; 8; 9
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`'055 Patent,
`Claim 7
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`5; 6; 8; 9
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`'055 Patent,
`Claim 24
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`5; 6; 8; 9
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`'055 Patent,
`Claim 27
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`5; 6; 8; 9
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`'055 Patent,
`Claim 32
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`5; 6; 8; 9
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`'055 Patent,
`Claim 36
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`5; 6; 8; 9
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`'055 Patent,
`Claim 41
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`5; 6; 8; 9
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`'055 Patent,
`Claim 42
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`5; 6; 8; 9
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`'055 Patent,
`Claim 54
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`5; 6; 8; 9
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`5
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 6 of 10 PageID #: 19735
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`Patent Claims at
`Issue
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`Alleged Anticipation
`References
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`Alleged Obviousness References
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`
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`5; 6; 8; 9
`
`'251 Patent,
`Claim 1
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`'251 Patent,
`Claim 2
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`5; 6; 8; 9
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`'251 Patent,
`Claim 5
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`5; 6; 8; 9
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`'251 Patent,
`Claim 6
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`5; 6; 8; 9
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`'251 Patent,
`Claim 12
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`5; 6; 8; 9
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`'251 Patent,
`Claim 15
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`5; 6; 8; 9
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`'251 Patent,
`Claim 18
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`5; 6; 8; 9
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`'251 Patent,
`Claim 24
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`5; 6; 8; 9
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`6
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 7 of 10 PageID #: 19736
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`Patent Claims at
`Issue
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`
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`Alleged Anticipation
`References
`
`Alleged Obviousness References
`
`'251 Patent,
`Claim 27
`
`5; 6; 8; 9
`
`'251 Patent,
`Claim 29
`
`5; 6; 8; 9
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`'251 Patent,
`Claim 31
`
`5; 6; 8; 9
`
`'251 Patent,
`Claim 35
`
`5; 6; 8; 9
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`
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 1
`
`'838 Patent,
`Claim 5
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 10
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 15
`
`5; 6; 8; 9
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`7
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 8 of 10 PageID #: 19737
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`
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`Patent Claims at
`Issue
`
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`
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`Alleged Anticipation
`References
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`Alleged Obviousness References
`
`'838 Patent,
`Claim 18
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 19
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`5; 6; 8; 9
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`'838 Patent,
`Claim 20
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`5; 6; 8; 9
`
`'838 Patent,
`Claim 38
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 40
`
`5; 6; 8; 9
`
`'838 Patent,
`Claim 54
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 1
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 2
`
`5; 6; 8; 9
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`8
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 9 of 10 PageID #: 19738
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`Patent Claims at
`Issue
`
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`
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`Alleged Anticipation
`References
`
`Alleged Obviousness References
`
`'829 Patent,
`Claim 8
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 10
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 14
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 30
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 34
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 35
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 42
`
`5; 6; 8; 9
`
`'829 Patent,
`Claim 50
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`5; 6; 8; 9
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`'829 Patent,
`Claim 68
`
`5; 6; 8; 9
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
`
`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`5;
`(5) in view of (7); 9 in view of
`PHOSITA
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
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`9
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`Case 2:17-cv-00513-JRG Document 320-4 Filed 01/23/19 Page 10 of 10 PageID #: 19739
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`9
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`CONCLUDING REMARKS
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`760.
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`I understand that a finding of the Court regarding claim construction, or receipt of any
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`additional information, may require me to amend or supplement my opinions. If amendments or
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`supplements to this report are necessary, I will provide those in a timely manner.
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`
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`Dated: November 19, 2018
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`
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`
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`______________________________
`Joseph C. McAlexander III
`
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`2:17-CV-516-JRG, McAlexander Rebuttal Expert Report - Validity
`
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`391
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`
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