Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 1 of 35 PageID #: 5606
`Case 5:19-cv-00036—RWS Document 136-1 Filed 11/18/19 Page 1 of 35 PageID #: 5606
`
`EXHIBIT 1
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`EXHIBIT 1
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`

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`Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 2 of 35 PageID #: 5607
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE INC.
`
`Plaintiff,
`
`Case No. 5:19-cv-0036-RWS
`
`Defendant.
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF MICHAEL C. BROGIOLI, PH.D.
`
`IN SUPPORT OF MAXELL LTD.’S PROPOSED CLAIM CONSTRUCTIONS
`
`

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`Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 3 of 35 PageID #: 5608
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`TABLE OF CONTENTS
`
`I.
`
`Introduction ............................................................................................................................. 1
`A.
`Qualifications ................................................................................................................... 1
`B.
`Information Considered.................................................................................................... 4
`Legal Standard on Claim Construction ................................................................................ 4
`Person of Ordinary Skill in the Art ...................................................................................... 6
`Technology Overview .......................................................................................................... 6
`Opinions Regarding the Disputed Terms of the ’794 Patent ............................................... 8
`Conclusion ......................................................................................................................... 13
`
`II.
`III.
`IV.
`V.
`VI.
`
`i
`
`

`

`Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 4 of 35 PageID #: 5609
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`I.
`
`INTRODUCTION
`
`1.
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`My name is Michael Brogioli, and I have prepared this report at the request of the
`
`plaintiff in this case, Maxell, Ltd. (“Maxell”). This report provides my opinions with respect to
`
`the parties’ proposed constructions for certain claim terms of U.S. Patent No. 6,329,794 (“the
`
`’794 Patent”).
`
`A.
`
`1.
`
`Qualifications
`
`I am currently an Adjunct Professor of Electrical and Computer engineering at
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`Rice University in Houston, Texas, and Managing Director of Polymathic Consulting in Austin,
`
`Texas. I received my Bachelor of Electrical Engineering in 1999 from Rensselaer Polytechnic
`
`Institute. I received my Master of Science in Electrical and Computer Engineering in 2003 from
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`Rice University. I received my Doctorate of Electrical and Computer Engineering in 2007 from
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`Rice University.
`
`2.
`
`I am a named inventor on multiple U.S. patents as well as various pending
`
`applications.
`
`2.
`
`I have held the position of Adjunct Professor at Rice University since 2009, and
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`the position of Managing Director at Polymathic Consulting since 2011. At Rice University, I
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`instruct graduate level curriculum in the areas of embedded and low-power computing, hardware
`
`and software systems. I also advise on university research and various design initiatives. At
`
`Polymathic Consulting, I work with a range of technologists from early stage start-ups to Fortune
`
`500 companies on similar technologies including, but not limited to, intellectual property. From
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`November 2009 to October 2011, I was Chief Architect, Senior Member Technical Staff at
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`Freescale Semiconductor in Austin, TX (formerly Motorola), responsible for management of
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`technology, engineering roadmaps, design lead on software infrastructure and next generation
`
`microprocessor architectures for embedded computing. From 2008 to 2009, I was Senior
`
`1
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`

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`Engineer working in high performance compiler design and next generation microprocessor and
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`next generation microprocessor architecture at Freescale Semiconductor in Austin, TX.
`
`3.
`
`From June 2006 to August 2007, I worked as the Technical Co-Founder of Method
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`Seven LLC, in Boston, MA, working with high performance software and hardware systems
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`architecture. I am currently a co-founder, co-inventor, and Chief Technology Officer of Network
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`Native, an Internet of Things technology company.
`
`3.
`
`I have previously worked for Texas Instruments’ Advanced Architecture and Chip
`
`Technology division in Houston Texas in the areas of high performance mobile and low-power
`
`embedded systems design, at the hardware and systems software level specifically around
`
`heterogeneous computing, and high speed bus and interconnect technologies. I also have worked
`
`at Intel Corporation’s Microprocessor Research Labs in the areas of computer architecture and
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`compiler technologies.
`
`4.
`
`In the late 1990s, I was a hardware and software developer at Vicarious Visions in
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`New York, developing 3rd party titles for Nintendo’s handheld consoles, in addition to various
`
`peripheral technologies. This role specifically focused around battery operated, portable, low
`
`power computing hardware and software systems. During my career, I have served as Chief
`
`Technology Officer, often in co-founding roles.
`
`5.
`
`While at Rice University, I developed various computer architecture designs for
`
`embedded systems and microcontroller based SOC architectures and peripherals. For example,
`
`from 2002 to 2004, I developed Spinach, a simulator design toolset for modeling programmable
`
`network interface architectures, which models system components common to all programmable
`
`computing environments as well as components specific to embedded. From 2004 to 2009, I
`
`developed Spinach DSP-FPGA, a modular and composable simulator design infrastructure for
`
`2
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`programmable and reconfigurable embedded SOC architectures specifically targeting mobile, low
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`power, and embedded and portable computing devices. From 2005 to 2009, I developed and
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`published a retargetable compiler infrastructure and hardware design space exploration toolkit for
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`systems related to mobile and embedded computing technologies. Many of these tools have been
`
`used at U.S. universities in the area of electrical and computer engineering research. From 1999 –
`
`2003, I worked in the area of low power dynamic computing, specifically focusing on dynamic
`
`power management of hardware components within various low power computer architectures.
`
`6.
`
`I am recognized as an expert in the field of computer architecture, computer
`
`hardware and computer software systems as they relate to the subject matter at hand. I am a
`
`member of the Institute of Electrical and Electronics Engineers (IEEE). I am currently the
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`Program Chair of Design Automation Conference in the areas of Embedded and Wireless
`
`Solutions. I have been a Program Committee member for the IEEE and ACM Design Automation
`
`Conference from 2011 to the present.
`
`4.
`
`Over the past 15+ years, I have authored numerous peer reviewed academic
`
`publications, as well as engineering books in the area of computer hardware and software design,
`
`including those in low power systems. Many of these incorporate technologies specific to the
`
`subject matter at hand. These publications are disclosed in my attached curriculum vitae.
`
`7.
`
`I have previously served as an engineering consultant and testifying witness on
`
`matters related to, and including, microcontrollers and related peripherals and interconnects.
`
`8.
`
`During my time in industry and as a consultant, I have worked extensively on, and
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`submitted opinions on, issues relating to the development and deployment of embedded
`
`computing and low power and system management technologies.
`
`3
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`

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`9.
`
`My current curriculum vitae, provided in Exhibit A, contains more information on
`
`my background and experience, as well as the cases in which I have served as an expert witness
`
`the past four years.
`
`B.
`
`Information Considered
`
`10.
`
`Per above, I have been asked to provide my opinions regarding the parties’
`
`proposed claim constructions for certain claim terms from the ’794 Patent. In formulating my
`
`opinions, I have relied on my education, experience, and knowledge in industry. I also reviewed
`
`and considered the ’794 Patent, its prosecution history, the claim construction order from Maxell
`
`Ltd. v. Huawei Device USA Inc., Case 5:16-cv-178 (E.D. Tex.) (Dkt. 175), the parties’ proposed
`
`constructions, and extrinsic evidence. I conducted my analysis from the vantage point of a person
`
`of ordinary skill in the art of the technology of the ’794 Patent at the time the patent was filed.
`
`II.
`
`LEGAL STANDARD ON CLAIM CONSTRUCTION
`
`11.
`
`I am not a lawyer. However, Maxell’s counsel has explained to me the relevant
`
`legal principles as pertaining to claim construction, which I have applied in formulating my
`
`opinions set forth herein. I set forth in this section my understanding of these legal principles as
`
`they have been explained to me.
`
`12.
`
`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 another dependent claim
`
`and includes all the limitations that it recites in addition to all of the limitations recited in the
`
`claim or claims from which it depends.
`
`13.
`
`I understand that the claim construction exercise begins with the language of the
`
`claims themselves, and that the general rule is that claim terms are given their plain and ordinary
`
`meaning to a person of ordinary skill in the art, in view of the specification of the patent, at the
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`4
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`time of the invention. I also understand that the intrinsic evidence (i.e., the claims, written
`
`description, and prosecution history) are the primary sources used in interpreting claim language.
`
`14.
`
`I understand that if disputed claim language is clear on its face, the intrinsic
`
`evidence should be consulted to determine whether some deviation from the ordinary meaning of
`
`the claim language is warranted.
`
`15.
`
`When the disputed claim language is not clear on its face, I understand that the
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`intrinsic evidence should be used to resolve, if possible, the lack of clarity. I also understand that
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`the specification is the best evidence of what the patentee intended the term to mean when there
`
`is no clear meaning of a claim term, and that the prosecution history may also shed light on the
`
`meaning of ambiguous terms. However, I understand that it is improper to import limitations from
`
`the specification into a patent claim through claim construction.
`
`16.
`
`I have been informed that sometimes the ordinary meaning of claim language as
`
`understood by a person of ordinary skill in the art may be readily apparent even to lay persons. I
`
`understand that claim construction in such cases involves little more than the application of the
`
`widely accepted meaning of commonly understood words.
`
`17.
`
`I further understand that a patentee may act as his own lexicographer by giving a
`
`definition for a particular claim term. I understand that, in order for this principle to apply, the
`
`patentee must clearly set forth a definition and clearly express an intent to define that term. Simply
`
`disclosing a single embodiment is not sufficient.
`
`18.
`
`I understand that if the intrinsic evidence fails to clearly disclose the meaning of a
`
`claim term, the court may look to extrinsic evidence outside the patent and prosecution history,
`
`such as expert testimony, treatises, and dictionaries.
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`5
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`

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`19.
`
`I further understand that, under pre-AIA 35 U.S.C. § 112, ¶ 6, a claim element may
`
`be expressed as a means or step for performing a specified function without the recital of structure,
`
`material, or acts in support thereof, and that such elements are called “means-plus-function”
`
`terms. I understand that a patentee’s use of the word “means” in a claim element creates a
`
`presumption that the term is a means-plus-function term. I further understand that the lack of the
`
`word “means” creates a presumption that a term is not a means-plus-function term.
`
`20.
`
`I understand that the presumption against means-plus-function interpretation can
`
`be overcome. However, I understand that, in order to overcome this presumption, a party must
`
`show that a claim term lacks sufficient structure and consists solely of functional terms as
`
`understood by one of skill in the art. It is my understanding that a claim term will not be
`
`interpreted as a means-plus-function element when that term recites structure that has a
`
`sufficiently definite meaning to those of skill in the art. I understand that, in determining whether
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`a claim term recites sufficiently definite structure, the term may be used in common parlance or
`
`by persons of skill in the pertinent art to designate structure, even if the term covers a broad class
`
`of structures and even if the term identifies the structures by their function.
`
`III.
`
`PERSON OF ORDINARY SKILL IN THE ART
`
`21.
`
`I formed my opinions in this matter from the perspective of a person of ordinary
`
`skill in the art. In my opinion, a person of ordinary skill in the art at the time the ’794 Patent was
`
`filed had a Bachelor of Science Degree in Electrical Engineering or an equivalent degree, and at
`
`least one year of experience working in the field of power management. This is based on my
`
`review of the ’794 Patent and my knowledge of those who were working in the field at the time.
`
`IV.
`
`TECHNOLOGY OVERVIEW
`
`22.
`
`The ’794 Patent is entitled “Information Processing Device and Method for
`
`Controlling Power Consumption Thereof”; was filed on September 7, 2000; and issued on
`
`6
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`

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`December 11, 2001, to inventors Shigeto Oeda, Naoki Mori, and Hiromichi Ito. The patent claims
`
`priority to a Japanese patent application filed May 22, 2000.
`
`23.
`
`The ’794 Patent solves a problem that existed in power management for
`
`conventional information processing devices. Specifically, prior to the inventions disclosed in the
`
`’794 Patent, conventional information processing devices would attempt to increase power
`
`efficiency by, for example, reducing power consumption of function devices that performed the
`
`functions of the information processing device or stopping or restricting operations of unused
`
`function devices. ’794 Patent at 1:12-22.
`
`24.
`
`But these conventional devices could not prioritize one function over another;
`
`either all function devices had their power restricted, or none did. ’794 Patent 1:23-31. For
`
`example, in an information processing device containing an audio communication function and a
`
`videophone function, a user may wish to prioritize the audio communication function over the
`
`videophone function, so that the user could continue an audio call even after the battery is too
`
`depleted to effectively use the videophone function. ’794 Patent 1:31-41. However, conventional
`
`devices made no allowances for a user’s priority. Id. Instead, conventional information processing
`
`devices would continue operation of all functions, to the point where higher priority functions
`
`lose power at the same time as lower priority functions. Id.
`
`25.
`
`The ’794 Patent solves this problem by assigning different priorities to the function
`
`devices of an information processing device. Id. at 1:49-67. The patent describes a controller that
`
`controls the operation of the function devices based on remaining battery capacity. Id. at 1:55-67,
`
`4:36-61. The controller also sends power reduction instructions to different function devices at
`
`different times. Id. at 4:36-61. The effect is that lower-priority function devices (such as a
`
`videophone function) can be powered down before other, higher-priority function devices (such
`
`7
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`as audio communication). This priority-based power management allows users to manage power
`
`more effectively, and to continue using desired functions longer by reducing power to lower
`
`priority functions earlier. Id. at 1:55-67.
`
`26.
`
`In sum, the claims of the ’794 Patent recite improved information processing
`
`devices that allow users to regulate power consumption by the different functions of the device
`
`independently from one another. Specifically, this invention allows function devices of a lower
`
`priority to be reduced in power before function devices of a higher priority.
`
`V.
`
`OPINIONS REGARDING THE DISPUTED TERMS OF THE ’794 PATENT
`
`27.
`
`My opinions herein pertain to the meaning of “capacity detector for detecting a
`
`remaining capacity of said battery” and “capacity detector detecting a remaining battery capacity
`
`of said battery,” as recited in claims 1 and 9, respectively, of the ’794 Patent. The parties’
`
`competing constructions for this claim term (these terms are materially identical in my view, and
`
`I thus refer to them collectively as, “capacity detector,” herein) are as follows:
`
`Maxell’s Construction
`Plain and ordinary meaning
`
`Claim Term
`“a capacity detector for
`detecting a remaining
`capacity of said battery”
`
`“a capacity detector
`detecting a remaining
`battery capacity of said
`battery”
`
`’794 Patent, Claims 1, 9
`
`Apple’s Construction
`This claim term should be
`governed by pre-AIA 35
`U.S.C. § 112, ¶6.
`
`Claimed Function: Detecting
`a remaining capacity of battery
`
`Claimed Structure: Capacity
`Detector 107 (as configured in
`Figs. 1, 6, 10, or 11)
`performing the steps shown in
`Fig. 4; or equivalents thereof
`
`28.
`
`I have reviewed both parties’ constructions for “capacity detector” and considered
`
`them in view of the claims, specification (including the figures), and prosecution history of the
`
`’794 Patent, as well as extrinsic evidence. In my opinion, a person of ordinary skill in the art
`
`would understand “capacity detector,” as used in claims 1 and 9, to connote sufficiently definite
`
`8
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`

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`structure for the stated function: detecting a remaining capacity of the battery. As a result, I
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`disagree with Apple’s contention that “capacity detector” is a “means plus function” term under
`
`35 U.S.C. § 112, ¶6. Instead, I believe this claim term should be interpreted consistent with its
`
`plain and ordinary meaning, as proposed by Maxell.
`
`29.
`
`As an initial matter, “detector” is well understood in the electrical engineering
`
`context to connote a variety of structures for performing particular tasks, depending on
`
`application. Examples include, but are not limited to, motion detectors, photodetectors, infrared
`
`detectors, and voltage detectors. The structure for (i.e., solutions for implementing) each of the
`
`foregoing “detectors” were well known to a person of ordinary skill in the art in 2000. No
`
`construction (beyond plain and ordinary meaning) would be necessary for these terms in my
`
`opinion, particularly in view of the accompanying modifying language (e.g., “motion,” “photo,”
`
`“infrared,” and “voltage”), which narrows the scope of structures that a person of skill in the art
`
`would consider as a “detector” in each respective context.
`
`30.
`
`The same logic applies to the ’794 Patent’s “capacity detector.” It is plain from the
`
`claim term itself, the surrounding claim language, and the specification, that the ’794 Patent’s
`
`“capacity detector” detects the remaining capacity of a battery. In addition, per Fig. 4, the ’794
`
`Patent also discloses an embodiment in which the “capacity detector” determines whether a
`
`reference capacity has been reached, and provides a notification when this has occurred:
`
`9
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`

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`’794 Patent, Fig. 4 (annotated).
`
`31.
`
`The corresponding disclosure explains that this “notification” is provided to a
`
`controller:
`
`In FIG. 4, the remaining capacity of the battery 102 is retrieved at operation 401.
`At operation 402, this is compared to the reference capacity 1 in the column 901 of
`the function association table. If the remaining capacity of the battery is at or less
`than the reference capacity 1, operation 403 notifies the controller 108 that the
`remaining capacity of the battery is at or less than the reference capacity 1.
`Similarly, the operations 404, 405 determine whether the remaining capacity in the
`battery is at or below the reference capacity 2 and notifies the controller 108 if it
`is at or below the reference capacity 2.
`
`Id. at 4:24-35 (emphases added).
`
`If the setting is enabled, the controller 602 checks to see if a detection notification
`from the capacity detector 107 is present.
`
`Id. at 6:66-7:1.
`
`If a notification is received from the capacity detector, similar operations are
`performed to reduce power consumption in the function device 2.
`
`Id. at 7:13-16.
`
`10
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`

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`If the setting is enabled, operation 502 checks whether there has been a notification
`from the capacity detector circuit 107 that the reference capacity 1 has been
`detected.
`
`Id. at 4:46-49.
`
`32.
`
`A person of ordinary skill in the art would have thus interpreted “capacity
`
`detector,” as used in the ’794 Patent, to connote structure in the form of one or more hardware,
`
`or hardware and software, solutions available in 2000 (before the ’794 Patent was filed). For
`
`example, a person of ordinary skill would have known of several commercially available
`
`integrated circuits designed for measuring analog signals, including, for example, integrated
`
`circuits manufactured by Texas Instruments and National Semiconductor, and others such as such
`
`as Linear Technology’s LTC1325 Battery Management IC. Based on my experience as a
`
`professor and instructor of university curriculum, it would have been common for undergraduate
`
`electrical engineering and computer engineering students in 2000 to be exposed to these circuits
`
`during their first two years of undergraduate training.
`
`33.
`
`A person of ordinary skill in the art also would have understood how to integrate
`
`software into a “capacity detector” for detecting the remaining capacity of a battery. For example,
`
`a person of ordinary skill would have known how to connect any of the aforementioned integrated
`
`circuits to a microcontroller (e.g., via serial communication, such as a single chip I2C, UART,
`
`and the like, common to most microcontroller solutions on the market at the time of the invention,
`
`and going back as far as the 1970s and 1980s). The microcontroller would have included software
`
`stored in its non-volatile memory, capable of reading the battery capacity measurements
`
`transmitted from the integrated circuit, and displaying the measurements on a seven segment
`
`display or other basic user interface. Examples of microcontrollers commercially available prior
`
`to the invention include the Intel 8051 (MCS-51) and the Motorola 68HC11.
`
`11
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`

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`34.
`
`To be clear, the above is but one example of a known implementation of a capacity
`
`detector. A person of ordinary skill in the art would have also understood how to incorporate a
`
`capacity detector (for detecting battery capacity) into a mobile device, like a feature phone,
`
`smartphone, or notebook computer (the latter of which is specifically addressed in the
`
`specification). Examples of mobile operating systems that were commercially available before
`
`the filing of the ’794 Patent include RIM’s Palm OS and Microsoft’s Pocket PC 2000. Examples
`
`of commercially available notebook computers include the Apple PowerBook running MacOS,
`
`and the IBM ThinkPad running Microsoft Windows 95.
`
`35.
`
`These solutions may incorporate low-level software that interfaces with the
`
`integrated circuit coupled to the battery for measurement purposes, or higher level operating
`
`system software that captures the measured battery capacity and makes intelligent decisions based
`
`on the state of the battery. Such an operating system could read this information from hardware
`
`via polling, interrupts, software-based message passing, sockets, or other known solutions.
`
`36.
`
`In the case of a mobile operating system executing on a commercially available
`
`mobile phone, or an operating system running on a notebook computer, the “capacity detector”
`
`would be part of the overall hardware and/or software solution used to display battery level
`
`information to a user. Often this would be done via a graphical user interface driven by the
`
`operating system itself, showing various battery capacity levels as they varied over time. In fact,
`
`such capacity detectors were common in commercially available notebooks and mobile phones
`
`in 2000 (and well before then) to inform the user of the remaining charge in the battery.
`
`37.
`
`Based on the foregoing, it is my opinion that the “capacity detector” claimed in
`
`the ’794 Patent would have connoted sufficiently definite structure, in the form of hardware
`
`and/or software, to a person of ordinary skill in the art. And I see no reason or justification for
`
`12
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`diverting from the plain meaning of the term, which is apparent from the hardware and software
`
`incorporated into a variety of products that were commercially available before the date of the
`
`claimed inventions.
`
`VI.
`
`CONCLUSION
`
`In addition to the opinions and evidence expressed herein, I reserve the right to rebut any
`
`arguments made or evidence presented in response to this report. I also reserve the right to
`
`supplement this report based on further investigation or analysis.
`
`Respectfully,
`
`Michael C. Brogioli, Ph.D.
`
`Dated: October 4, 2019_______________
`
`13
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`EXHIBIT A
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`EXHIBIT A
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`Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 18 of 35 PageID #: 5623
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`Michael C. Brogioli, Ph.D.
`
`Contact
`Information
`
`Expertise
`
`Michael C. Brogioli, Ph.D.
`Polymathic Consulting
`100 Congress Avenue, Suite 2000
`Austin, TX 78701 USA
`
`Office: (512) 370-4936
`Cell (preferred): (713) 732-0217
`Fax: (512) 469-6306
`E-mail: michael@polymathicconsulting.com
`
`Software Analysis, Software Architecture, Embedded Computing, Microprocessor Designs, Software
`Based Simulation, Computer Hardware Design, Computer Networks, Computer and Network Based
`Gaming Platforms, High Performance Computing, Digital Signal Processing.
`
`Education
`
`Rice University, Houston, Texas USA
`
`Ph.D., Electrical and Computer Engineering, 2007
`
`• Dissertation Topic: “Reconfigurable Heterogeneous DSP/FPGA Based Embedded Architec-
`tures for Numerically Intensive Embedded Computing Workloads.”
`• Advising Committee: Dr. Joseph R. Cavallaro, Dr. Keith D. Cooper, Dr. Scott Rixner
`
`Rice University, Houston, Texas USA
`
`M.S., Electrical and Computer Engineering, 2003
`
`• Dissertation Topic: “Dynamically Reconfigurable Data Caches in Low Power Computing.”
`• Advising Committee: Dr. Keith D. Cooper, Dr. Scott Rixner, Dr. Robert Jump
`
`Rensselaer Polytechnic Institute, Troy, New York USA
`
`B.S., Electrical Engineering, Cum Laude - 1999
`
`• Advisor: Dr. William Pearlman
`
`Professional
`Experience
`
`Polymathic Consulting, TX USA
`2011 - Present
`Managing Director
`Founder and managing director of Polymathic Consulting, servicing clients ranging from early stage
`technology start-up endeavors to Fortune 100 and beyond. Clients turn to Polymathic for expansive,
`proven engineering, research and development, intellectual property and technical leadership to
`effectively advance their real world business needs.
`
`IEEE and ACM Design Automation Conference, USA
`2016 - Present
`Conference Chair, Embedded Systems and Software Track
`Design Automation Conference is the premiere technical conference and trade show specializing
`in Hardware, Software, Internet of Things, Embedded Systems and related Design Methodologies.
`Conference chair, responsible for the review, critique, and acceptance of academia and industry
`based publications in the areas of embedded systems, embedded software, and embedded system
`design.
`
`Rice University, TX USA
`2009 - Present
`Adjunct Professor, Electrical and Computer Engineering
`Professor of Ph.D. candidate level courses in wireless telecommunications, embedded computing soft-
`ware, embedded computing hardware, and software/hardware optimization in modern computing
`systems utilizing modern high level programming languages. Advisor of senior and graduate stu-
`dent based projects revolving around multi-core heterogeneous systems as they pertain to wireless
`telecommunications, medical and video.
`
`RISC-V Foundation, Berkeley, CA USA
`Technical Committee
`
`2018 - Present
`
`Page 1
`Created: Friday 4th October, 2019
`
`

`

`Case 5:19-cv-00036-RWS Document 136-1 Filed 11/18/19 Page 19 of 35 PageID #: 5624
`
`RISC-V is an open CPU instruction set architecture (ISA) based on established reduced instruction
`set computing (RISC) principles. The RISC-V Foundation is a non-profit consortium chartered to
`standardize, protect, and promote the free and open RISC-V instruction set architecture together
`with its hardware and software ecosystem for use in all computing devices.
`
`Freescale Semiconductor (now NXP), TX USA
`2009 - 2011
`Chief Architect, Senior Member Technical Staff
`Technical architect of Freescale’s DSP compilers and related technology. Responsible for manage-
`ment of technology, engineering roadmaps, design lead on compiler infrastructure and optimizations
`(high level and low level), next generation ABI definitions and next generation architecture solutions.
`Technical lead on multi-year engagement with processor architects in design of next generation DSP
`cores. Developed software infrastructure for migrating OEM competitor software stacks to Freescale
`solutions, tools generation, software packages, migration strategies and white papers. Technical
`lead on Tier-1 OEM customer relationships, evaluations of 3rd party technologies for potential
`partnerships and acquisitions, led various university research collaborations on behalf of Freescale.
`Development and deployment of internal software engineering policies and practices.
`
`Freescale Semiconductor (now NXP), TX USA
`Senior Compiler Engineer V
`2008 - 2009
`High Performance Compiler Design, Processor Architecture
`Team leader on compiler engineering effort to provide intuitive, interactive end user experience for
`DSP compiler tool suite. Designed a framework to guide users in achieving highly optimized compiled
`VLIW code. Assembly listing reports for optimization failure advice, porting advice when migrating
`from competitor architectures, advice on code modifications for optimization enablement. Lead
`designer, engineering effort director, project planning and scoping, release schedule, and drafting
`of specification. Development of various compiler optimizations for VLIW processing as well as
`software emulation layers for running competitor software solutions on Freescale silicon.
`
`Advising of next-gen DSP core architecture team in creating a highly orthogonal, compiler targetable
`multi-clustered VLIW based digital signal processor architecture. Work with future basestation
`architecture teams on designing next-gen basestation architecture for 4G LTE incorporating control
`and data plane processing with appropriate programming models.
`
`Method Seven, MA USA
`Technical Co-Founder
`2006 - 2007
`High Performance Software and Hardware Systems Architecture
`Founded Method Seven, a financial engineering company applying biologically inspired machine
`learning to financial market analysis. Principal software systems architect and hardware systems
`architect for both research and deployment platforms. Led research and development of platform
`for scans and overlays covering the NASDAQ, NYSE, and AMEX markets using proprietary tech-
`nologies.
`
`Texas Instruments, TX U