Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 1 of 8 PageID #: 1299
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`Exhibit G
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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 2 of 8 PageID #: 1300
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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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`CASE NO. 2:21-cv-00040-JRG
`(Lead Case)
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`JURY TRIAL DEMANDED
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`
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`CASE NO. 2:21-cv-00041-JRG
`(Member Case)
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`JURY TRIAL DEMANDED
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`GESTURE TECHNOLOGY
`PARTNERS, LLC,
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`Plaintiff
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`v.
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`HUAWEI DEVICE CO., LTD.,
`HUAWEI DEVICE USA, INC.,
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`Defendants.
`
`
`GESTURE TECHNOLOGY
`PARTNERS, LLC,
`
`Plaintiff
`
`v.
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`SAMSUNG ELECTRONICS CO., LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
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`SUPPLEMENTAL DECLARATION OF DEFENDANTS’ EXPERT ROBERT LOUIS
`STEVENSON, PH.D., ON CLAIM CONSTRUCTION
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`

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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 3 of 8 PageID #: 1301
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`TABLE OF CONTENTS
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`Page
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`I.
`VI.
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`INTRODUCTION ............................................................................................................. 1
`DISPUTED CLAIM TERMS ............................................................................................ 2
`A.
`’431 Patent ............................................................................................................. 2
`1.
`“means for controlling a function of said apparatus using said
`information” ............................................................................................... 2
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`-i-
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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 4 of 8 PageID #: 1302
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`
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`I, Robert Louis Stevenson, Ph.D., hereby state and declare:
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`I.
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`INTRODUCTION
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`1.
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`I am over the age of 18 and am competent to make this declaration. I have
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`personal knowledge, or have developed knowledge, of these technologies based upon my
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`education, training, and/or experience, of the matters set forth herein.
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`2.
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`I have been retained by counsel for Defendants Huawei Device Co., Ltd., Huawei
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`Device USA, Inc., Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
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`(collectively, “Defendants”), in the above captioned matter to offer opinions as to the scope and
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`meaning that would have been given to certain disputed terms and phrases in U.S. Patent No.
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`7,933,431 (the “’431 Patent”), U.S. Patent No. 8,194,924 (the “’924 Patent”), U.S. Patent No.
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`8,553,079 (the “’079 Patent”), and U.S. Patent No. 8,878,949 (the “’949 Patent”) (collectively,
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`the “Asserted Patents”) by one of ordinary skill in the art at the time of the invention. I
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`previously submitted a declaration in this case regarding claim construction for the Asserted
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`Patents.
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`3.
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`I have been asked to provide my opinions concerning GTP’s modified
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`construction for the “means for controlling” claim limitation that was provided to Defendants for
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`the first time on July 16, 2020.
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`4.
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`I reserve the right to supplement and/or amend my opinions in this declaration
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`based on future opinions taken by the parties, their experts, additional documents, testimony, or
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`other information provided by the parties or their witnesses, any orders from the Court, or as
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`otherwise necessary.
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`-1-
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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 5 of 8 PageID #: 1303
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`
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`VI. DISPUTED CLAIM TERMS
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`A.
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`’431 Patent
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`1.
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`“means for controlling a function of said apparatus using said
`information”
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`Claim Term
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`“means for controlling a
`function of said apparatus
`using said information”
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`Plaintiff’s Proposed
`Construction
`Structure: a control system
`associated with a camera
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`(previously, “A computer
`with at least one
`microprocessor specially
`programmed for controlling
`said apparatus using said
`information”).
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`Function: “controlling a
`function of said apparatus
`using said information”
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`Defendants’ Proposed
`Construction
`Means-plus-function
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`Function: “controlling a
`function of said [handheld
`computer] apparatus using
`said information [concerning
`a position or movement of
`said object positioned by a
`user operating said object]”
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`The dependent claims
`currently asserted by Plaintiff
`further add to the function,
`including:
`(1) wherein said object is a
`finger (Claim 8)
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`Structure: Indefinite
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`5.
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`Plaintiff’s newly proposed structure (“a control system associated with a camera”)
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`is not clearly linked to the claimed function in the specification and still does not identify the
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`necessary algorithm for performing the claimed function.
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`6.
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`The patent only refers to a “control system” in two portions of the ’431 Patent: (1)
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`generically when referring to “the robustness of control systems built on such camera based
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`acquisition,” and (2) in an embodiment wherein a control system positions a robot for purposes
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`of 3D acoustic imaging. In the first instance, the patent discloses that the potential for target
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`acquisition in a millisecond or two using pixel addressable CMOS cameras “has major
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`ramifications for the robustness of control systems built on such camera based acquisition, be
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`-2-
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`

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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 6 of 8 PageID #: 1304
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`they for controlling displays, or machines or whatever.” ’431 Patent at 5:50-60. This disclosure
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`says nothing about using a control system for controlling a function of a handheld device using
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`position or movement information, and thus does not clearly link a control system to the
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`claimed function. In the second instance, the patent describes a control system as part of the
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`FIG. 17B embodiment wherein a robot is used for 3D acoustic imaging. ’431 Patent at 25:5-35.
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`Specifically, the patent discloses that “data obtained by TV camera 1775 . . . can be used
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`advantageously by the control system 1782 to position the robot and sensor with respect to the
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`surface, in order to provide a fully automatic inspection of object 1764.” ’431 Patent at 25:22-
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`27. Again, this disclosure does not describe controlling a function of a handheld device using
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`position or movement information, but instead describes controlling a robot using unspecified
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`data obtained by a TV camera. Thus, the patent does not clearly link a control system to the
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`claimed function.
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`7.
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`Furthermore, a control system is still not sufficient structure for performing the
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`claimed function as it does not identify the algorithm that it is programmed with. As I previously
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`explained, the function of controlling a function of a handheld device using position or
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`movement information of an object positioned by a user is a computer-implemented function. A
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`“control system” does not connote any particular structure in the context of a handheld computer
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`apparatus, and certainly does not bring to mind any particular structure for controlling a
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`handheld computer apparatus using position or movement information. The closest thing to a
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`control system in a handheld device—to the extent it may even be called a “control system”—is
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`a processor or computer. Plaintiff’s proposed structure appears to be a revised attempt to claim
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`any computer programmed to perform the claimed function. It does not limit the control system
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`to any particular algorithm. As previously explained, the claimed function is not itself an
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`-3-
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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 7 of 8 PageID #: 1305
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`algorithm. At best, it describes the input that would be provided to the algorithm (position and
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`movement information of an object positioned by a user operating said object), but it does not
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`describe how the computer uses the input to control the handheld computer apparatus, and thus
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`does not describe an algorithm for performing the claimed function. As I previously explained,
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`the patent does not disclose any algorithm for controlling a handheld computer apparatus using
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`position or movement information of an object positioned by a user, nor does Plaintiff’s
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`proposed construction identify any such algorithm.
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`-4-
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`ra
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`Sf7
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`=
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`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 8 of 8 PageID #: 1306
`Case 2:21-cv-00040-JRG Document 70-2 Filed 09/02/21 Page 8 of 8 PagelD #: 1306
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`SO Om Grrr gofadooi dedi dedok ak kok tok kik tok
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`| declare under penalty ofperjury under the laws ofthe United States that the foregoingIs
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`true andcorrect to the best of my knowledge.
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`Dated: July 23, 2021
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`Robert Louis Stevenson, Ph.D.
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