Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 1 of 27 PageID #: 5651
`Case 5:19-cv-00036—RWS Document 136-4 Filed 11/18/19 Page 1 of 27 PageID #: 5651
`
`EXHIBIT 4
`
`EXHIBIT 4
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 2 of 27 PageID #: 5652
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`v.
`
`APPLE, INC.,
`
`Plaintiff,
`
`Defendant.
`
`Case No. 5:19-cv-00036-RWS
`
`LEAD CASE
`
`JURY TRIAL DEMANDED
`
`EXPERT REPORT OF DR. ROBERT MAHER IN SUPPORT OF PLAINTIFF
`MAXELL’S LTD.’S PROPOSED CLAIM CONSTRUCTION REGARDING
`U.S. PATENT NO. 6,928,306
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 3 of 27 PageID #: 5653
`
`I.
`
`TABLE OF CONTENTS
`Introduction ............................................................................................................................. 3
`A.
`Qualifications ................................................................................................................... 3
`B.
`Prior Testimony/Compensation........................................................................................ 5
`C.
`Information Considered.................................................................................................... 5
`II. Legal Standards for claim construction ................................................................................... 6
`A.
`Claim Construction .......................................................................................................... 6
`III. Person of Ordinary Skill in the Art .......................................................................................... 8
`IV. Technology Overview ............................................................................................................. 8
`V. opinion regarding the disputed term “ringing sound generator” ........................................... 10
`VI. Conclusion ............................................................................................................................. 12
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 4 of 27 PageID #: 5654
`
`I.
`
`INTRODUCTION
`
`1.
`
`My name is Robert Maher 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
`
`claim construction of United States Patent Nos. 6,928,306 (“the ’306 Patent”). Specifically, I
`
`have provided herein my opinion concerning the claim term “ringing sound generator” found in
`
`claims 2, 12, and 13 of the ’306 Patent. I understand that this is the only claim term in dispute
`
`with respect to the ’306 Patent but reserve the right to provide an opinion with respect to any
`
`other terms in the event that I am later requested to do so.
`
`A.
`
`2.
`
`Qualifications
`
`Please allow me to summarize my qualifications and professional background in
`
`the field of audio signal processing.
`
`3.
`
`I am currently a fulltime Professor with the Electrical & Computer Engineering
`
`Department at Montana State University, Bozeman, MT. I have been affiliated with Montana
`
`State University since 2002. I am also the sole proprietor of a consulting firm specializing in
`
`audio digital signal processing and audio forensics. This report is provided under the auspices of
`
`my consulting practice, not as an official part of my responsibilities to Montana State University.
`
`4.
`
`I received my BS degree from Washington University (St. Louis) in 1984, the MS
`
`degree from the University of Wisconsin (Madison) in 1985, and the PhD from the University of
`
`Illinois (Urbana-Champaign) in 1989, all in the field of electrical engineering. My principal area
`
`of expertise is digital signal processing applications in audio engineering and acoustics. My
`
`career has included university faculty positions with the University of Nebraska-Lincoln and the
`
`University of Colorado-Boulder, as well as experience in the digital audio signal processing
`
`industry as an entrepreneur and engineering manager. My work at EuPhonics, Inc., from 1997 to
`
`2001 dealt with various audio standards and audio signal processing products.
`
`3
`
`

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`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 5 of 27 PageID #: 5655
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`5.
`
`I am a named inventor on four United States Patents, all four of which are in the
`
`field of digital audio signal processing.
`
`6.
`
`I am a licensed Professional Engineer in the State of Montana (License no.
`
`18993), a Fellow of the Audio Engineering Society, and a Senior Member of the Institute of
`
`Electrical and Electronics Engineers (IEEE). I am also a member of the Acoustical Society of
`
`America, the American Society for Engineering Education, and a duly inducted member of the
`
`Eta Kappa Nu, Tau Beta Pi, Phi Kappa Phi, and Sigma Xi professional honorary societies.
`
`7.
`
`I have served as an Associate Technical Editor for the Journal of the Audio
`
`Engineering Society since 2007, and have been a Review Board Member of Audio Engineering
`
`Society since 1998.
`
`8.
`
`Since 1989 I have taught college courses at the undergraduate and graduate level
`
`in digital signal processing, audio engineering and acoustics, electronics, electronic
`
`instrumentation, engineering design, and engineering ethics. Specifically, I have taught at the
`
`undergraduate and graduate levels at the University of Nebraska (from 1989 to 1997), the
`
`University of Colorado (2000-2002), and at Montana State University (2002 to present).
`
`9.
`
`I have also been active as an expert in audio forensics analysis. I have consulted
`
`on more than twenty prior formal audio forensic investigations, and I have analyzed dozens of
`
`evidentiary recordings in the course of my more than 25 years working professionally in the
`
`audio signal processing field. I have been qualified as an expert witness in Montana, Missouri,
`
`and Ohio, and I have provided sworn depositions and trial testimony in a number of cases. A
`
`summary of this activity is provided in the attached Appendix.
`
`10.
`
`A selection of my publications, book chapters, and presentations relevant to the
`
`field of digital audio signal processing are listed in my CV.
`
`4
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 6 of 27 PageID #: 5656
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`11.
`
`B.
`
`12.
`
`My curriculum vitae is attached as Exhibit 1 to this report.
`
`Prior Testimony/Compensation
`
`I have most recently been disclosed as an expert, at trial for testimony, deposed or
`
`submitted an Expert Report to the court in:
`
`a. Maxell, Ltd. v. ZTE USA Inc., U.S. District Court for the Eastern District of
`
`Texas, Case o. 5:16-cv-00178-RWS (expert reports, deposition and trial
`
`testimony).
`
`b. Audio MPEG, Inc., U.S. Philips Corporation, TDF SAS, and Institut fur
`
`Rundfunktechnik GMBH, v. Dell, Inc., 2:16-cv-00082-HCM-RJK, U.S. District
`
`Court for the Eastern District of Virginia, Norfolk Division (expert reports and
`
`depositions, 2015-2017).
`
`c. State of Ohio v. Piante Wallace, B 1403591-C, Hamilton County Court of
`
`Common Pleas (expert report and trial testimony, 2016)
`
`d. Ana Lopez Cervin, as Special Administrator, et al., v. City of Chicago, et al. Cook
`
`County#: 2006 L 9648 (deposition, 2015)
`
`e. State of Ohio v. Brelo, Case # CR-13-580457-A, Cuyahoga County Court of
`
`Common Pleas (expert report and trail testimony, 2015)
`
`13.
`
`I have not submitted declarations to the U.S. Patent and Trademark Office
`
`concerning re-examinations of patents.
`
`14.
`
`I am being compensated for my work associated with this case at the rate of $450
`
`per hour, plus reimbursement of reasonable direct expenses for consulting services. I have no
`
`other interest in this investigation or the parties thereto.
`
`C.
`
`Information Considered
`
`5
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 7 of 27 PageID #: 5657
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`15.
`
`In addition to my education, experience, and knowledge of the industry, I have
`
`reviewed and considered, among other things, the ’306 Patent and prosecution history, Apple’s
`
`proposed constructions and extrinsic evidence, and Apple’s invalidity contentions.
`
`II.
`
`LEGAL STANDARDS FOR CLAIM CONSTRUCTION
`
`16.
`
`I am not a lawyer and not offering any opinions regarding legal matters; however,
`
`the legal principles relevant to my opinion herein have been explained to me by Maxell’s
`
`counsel. I provide a summary below of the relevant legal principles as they have been explained
`
`to me.
`
`17.
`
`I reserve the right to change or formulate new opinions in the event there is a
`
`change in the law concerning my opinions provide in this report.
`
`A.
`
`18.
`
`Claim Construction
`
`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.
`
`19.
`
`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
`
`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.
`
`20.
`
`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.
`
`6
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 8 of 27 PageID #: 5658
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`21.
`
`When the disputed claim language is not clear on its face, I understand that the
`
`intrinsic evidence should be used to resolve, if possible, the lack of clarity. I also understand that
`
`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.
`
`22.
`
`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.
`
`23.
`
`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.
`
`24.
`
`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.
`
`25.
`
`I further understand that, under 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.
`
`7
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 9 of 27 PageID #: 5659
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`26.
`
`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
`
`a claim terms 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
`
`27.
`
`In my opinion, a person of ordinary skill in the art at the time the ’306 Patent was
`
`filed had a Bachelor of Science Degree in Electrical/Computer Engineering or Computer Science
`
`or an equivalent degree, and at least two years of experience working in the field of audio signal
`
`processing. This is based on my review of the ’306 Patent and my knowledge of those who were
`
`working in the field at the time.
`
`IV.
`
`TECHNOLOGY OVERVIEW
`
`28.
`
`The ’306 Patent is entitled “Portable Mobile Unit” and was filed on January 1,
`
`2001 claiming priority to Japanese Patent Publication No. 2000-005858, which was filed on
`
`January 7, 2000.
`
`29.
`
`The ’306 Patent generally describes techniques for generating ringing sounds on a
`
`portable mobile unit (e.g. mobile phone) in response to an incoming signal using sound data
`
`from multiple sources. By way of example, Figures 1 and 15 (shown below) include a
`
`communication controller (1516) and ringing sound generator (1519). Referring to Figure 1, the
`
`controller (2) controls the ringing sound generator having multiple sources of sound data. 4:34-
`
`8
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 10 of 27 PageID #: 5660
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`5:10. Examples of sound data include, but are not limited to, FM, PCM, MIDI, and MP3. 5:1-10,
`
`8:29-47. Referring again to Figure 1, the embodiment here discloses sound data from an FM
`
`sound source 4a, a PCM sound source 4b, and a MIDI sound source 4c available to generate a
`
`ringing sound selected by the controller (2) and in according with the reproduction timing from
`
`the reproduction timing memory (1) in response to an incoming call. 4:34-65. Outputs of the
`
`respective sound reproduction portions 4a, 4b, and 4c are connected to a mixer 5 to be mixed and
`
`output to through the speaker 6. 4:59-65.
`
`9
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 11 of 27 PageID #: 5661
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`30.
`
`The ’306 Patent further describes selecting the sound data based on the location of
`
`the caller of the incoming call (7:32-39, the names of the owners of the telephone number
`
`corresponding to the incoming call (8:48-9:58, Fig. 2), the time when the call comes in (9:62-
`
`11:7, Fig. 5, 6), the number of times of the incoming call (11:11-12:51, Fig. 8), the environment
`
`where the call is received (12:55-15:35, Fig. 9, 10, 13, 14), and based on the battery capacity of
`
`the mobile phone (15:39-17:19, Fig. 11, 12).
`
`OPINION REGARDING THE DISPUTED TERM “RINGING SOUND
`V.
`GENERATOR”
`
`31.
`
`It is my understanding that the only dispute between the parties with respect to the
`
`’306 Patent concerns the claim term “ringing sound generator” which appears in claims 2, 12 and
`
`13. In my opinion, a person of ordinary skill in the art would be able to determine the meaning
`
`of the term “ringing sound generator” as used in the ’306 Patent. This term uses common, well
`
`understood words, that a person skilled in the art at the time of the invention would have been
`
`10
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 12 of 27 PageID #: 5662
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`familiar with and would have readily understood. The words “ringing,” “sound,” and “generator”
`
`as used in the context of the claim and specification need no further construction.
`
`32.
`
`Further, it is my opinion that the term “ringing sound generator” does not invoke
`
`§ 112(6) as Apple contends. As an initial matter, the terms does not recite “means for” or “step
`
`for” plus functional language. Therefore, there is a presumption that § 112(6) does not apply.
`
`Aside from this presumption, however, the term “ringing sound generator” is a specific structural
`
`element. It does recite a feature by what it does in functional language.
`
`33.
`
`Moreover, it is my opinion that Apple’s proposed construction is also improper
`
`because it excludes embodiments disclosed in the ’306 Patent. For example, Apple limits the
`
`proposed structure to items 1, 3a-3c, and 4a-4c in Figure 1. These examples of sound only
`
`disclose FM, PCM, and MIDI. ’306 Patent at Fig. 1. But, as shown below, the ’306 Patent
`
`discloses additional non-limiting examples of sound data generated by the ringing sound
`
`generators:
`
`With those means mentioned above, while using that which composes a main
`phrase from the sound data base, such as the FM sound source, the human voices
`or the like producing the sound effects of the PCM sound source can be used,
`additionally. Thereby, it is possible to obtain an infinite number of variations, as
`well as to bring the capacity to be small.
`
`’306 Patent, 2:30-36.
`
`With the sound data numbers, it is assumed that No. 1 corresponds to the sound
`data of the FM sound source, No. 2 to the sound data of the PCM sound source,
`and No. 3 to the sound data of the MIDI method, respectively. The sound data
`should not be restricted only to the above, and also the sound data of the MP3
`method can be used, and it may be given by No. 4 as the sound data No. thereof,
`in such the case.
`
`’306 Patent, 5:1-8.
`
`34.
`
`The ’306 Patent makes clear that the claims should not be restricted to FM, PCM,
`
`and MIDI sound data but that additional sound data includes at least MP3, human voices
`
`11
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 13 of 27 PageID #: 5663
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`recorded or synthesized, and any other type of digital audio signal. Thus, Apple’s proposed
`
`construction is improper for the additional reason that it excludes disclosed embodiments.
`
`35.
`
`In sum, “ringing,” “sound,” and “generator” are simple well understood words
`
`that need no further construction. Further, it is well understood in the field of the claimed
`
`invention that a “ringing sound” refers to the notification of an incoming call. Lastly, a “ringing
`
`sound generator” is a structural terms and does not recite functional language that would
`
`implicate § 112(6).
`
`VI.
`
`CONCLUSION
`
`36.
`
`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. I also plan to use
`
`graphic exhibits and/or demonstratives to help illustrate the facts and opinions I express herein.
`
`Executed on October 4, 2019.
`
`Respectfully,
`
`______________________________
`Robert C. Maher
`
`12
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 14 of 27 PageID #: 5664
`Case 5:19-cv-00036—RWS Document 136-4 Filed 11/18/19 Page 14 of 27 PageID #: 5664
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`APPENDIX
`
`APPENDIX
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 15 of 27 PageID #: 5665
`ROBERT C. MAHER, PH.D., P.E.
`Work:
`Electrical and Computer Engineering
`
`Montana State University, Box 173780
`
`Bozeman, MT 59717-3780
`
`
`rob.maher@montana.edu
`
`
`+1 406-994-7759 (office)
`
`Home: 129 Bennett Drive
`
`Bozeman, MT 59715
`
`rob.maher@earthlink.net
`
`+1 406-599-5830 (mobile)
`
`
`
`
`
`2002-PRESENT
`
`PROFESSIONAL EXPERIENCE
`
`MONTANA STATE UNIVERSITY, Bozeman, Montana
`Professor of Electrical and Computer Engineering with tenure (7/08 – present)
`Department Head, Electrical and Computer Engineering (8/07-8/17)
`Affiliate Professor of Music Technology (05/09-present)
`Associate Professor of Electrical and Computer Engineering with tenure (5/05-8/07)
`Associate Professor of Electrical and Computer Engineering (8/02-5/05)
`♦ Academic administration, teaching, research and service responsibilities.
`♦ Established a funded research program in audio DSP.
`♦ Teaching a variety of courses at both the undergraduate and graduate levels.
`
`UNIVERSITY OF COLORADO, Boulder, Colorado
`Associate Professor Adjunct of Electrical and Computer Engineering
`♦ Academic instructional assignment for Senior Design Lab, and DSP Microprocessor Lab.
`
`EUPHONICS, INC./3COM CORPORATION/U.S. ROBOTICS CORPORATION
`1997-2001
`EUPHONICS was acquired by 3COM in 1998 and spun off as part of U.S. ROBOTICS in 2000.
`Engineering Manager, Research and Development, U.S. ROBOTICS (6/00-6/01)
`Engineering Manager for Audio Product Development, 3COM (11/98-6/00)
`Vice President of Engineering, EUPHONICS (5/97-11/98)
`Director of Engineering, EUPHONICS (1/97-5/97)
`♦ Hands-on experience creating new DSP algorithms, publications, and patents.
`♦ Hired, trained and supervised ten DSP software engineers (including guidance, annual evaluations
`and individual goal setting).
`
`UNIVERSITY OF NEBRASKA, Lincoln, Nebraska
`Associate Professor of Electrical Engineering with tenure (8/95-1/97)
`Assistant Professor of Electrical Engineering (8/89-8/95)
`♦ Initiated and directed a funded research and teaching program in audio DSP.
`♦ Supervised theses of 19 graduate students in the field of digital audio signal processing.
`
`AUDIO DSP CONSULTING
`1989-PRESENT
`Sole Proprietor, Consulting and Contracting Professional Services
`♦ Consulting services to clients in digital signal processing for audio and entertainment products.
`♦ Supervision of sub-contractors for embedded software development.
`
`
`2001-2002
`
`1989-1997
`
`20190622
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 16 of 27 PageID #: 5666
`ROBERT C. MAHER, Ph.D., P.E.
`Page 2
`
`
`PROFESSIONAL EXPERIENCE (cont.)
`
`1985-1989
`
`
`UNIVERSITY OF ILLINOIS, Urbana, Illinois
`Research Assistant, Electrical Engineering
`♦ Software development for digital audio applications (DSP and Intel assembler, and C).
`♦ Implemented a set of six computer-based musical acoustics demonstrations.
`♦ Wrote one of the first PC-based real-time direct-to-disk digital audio recorders in assembler for a
`Texas Instruments DSP chip in a standard IBM PC-AT.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EDUCATION
`
`Ph.D. - Electrical Engineering, University of Illinois,
`College of Engineering, Urbana, Illinois, 1989
`Thesis: "An Approach for the Separation of Voices in Composite Musical Signals"
`Thesis Advisor: James W. Beauchamp
`
`MS - Electrical Engineering, University of Wisconsin,
`College of Engineering, Madison, Wisconsin, 1985
`Report: "Development of a Software-Based Real-Time Digital Synthesizer"
`
`BS - Electrical Engineering, Magna Cum Laude, Washington University,
`School of Engineering, St. Louis, Missouri, 1984
`
`
`
`RESEARCH FUNDING SPONSORS (COMPETITIVE)
`
`National Institute of Justice, U.S. Department of Justice
`National Science Foundation
`U.S. National Park Service
`NASA/Montana Space Grant Consortium
`The Engineering Foundation
`Advanced Acoustic Concepts, Inc.
`Ariel Corporation
`EuPhonics, Inc.
`General Atomics, Inc.
`Motorola Corporation
`Sanchez Industrial Design, Inc.
`Northwest Academic Computing Consortium
`MSU Space Science and Engineering Laboratory
`Montana Institute on Ecosystems
`University of Illinois Research Board
`UNL Center for Communication and Information Science
`Nebraska Research Initiative
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 17 of 27 PageID #: 5667
`ROBERT C. MAHER, Ph.D., P.E.
`Page 3
`
`
`
`
`LEADERSHIP ACTIVITIES and PROFESSIONAL AFFILIATIONS
`♦ Licensed Professional Engineer, Montana, License #18993
`♦ Fellow, Audio Engineering Society
`♦ Senior Member, Institute of Electrical and Electronics Engineers (IEEE)
`♦ Member, Acoustical Society of America
`♦ Member, American Society for Engineering Education
`♦ Associate Member, American Academy of Forensic Sciences
`♦ Associate Technical Editor, Journal of the Audio Engineering Society (2007-present)
`♦ Review Board Member, Audio Engineering Society (1998-present)
`♦ Papers Co-Chair, Audio Engineering Society 141st Convention (2016)
`♦ Papers Co-Chair, Audio Engineering Society 137th Convention (2014)
`♦ Papers Co-Chair, Audio Engineering Society 129th Convention (2010)
`♦ Papers Co-Chair, Audio Engineering Society 125th Convention (2008)
`♦ Papers Co-Chair, Audio Engineering Society 121st Convention (2006)
`♦ Papers Co-Chair, Audio Engineering Society 117th Convention (2004)
`♦ Student Technical Paper Awards Coordinator, Audio Engineering Society (2008-present)
`♦ Chairman, Audio Engineering Society Colorado Section (1998-2001)
`♦ Member, Audio Engineering Society Technical Committee on Audio Forensics
`♦ Member, Audio Engineering Society Technical Committee on Signal Processing
`International Program Committee member, IEEE Electro Information Technology conference (2005)
`♦
`♦ Publications Chair, IEEE Digital Signal Processing Workshop (2006)
`♦ Chairman, IEEE Nebraska State Section (1995-1996)
`♦ Chairman, IEEE Central Montana Section (2017-present)
`♦ Publications Chair, IEEE Workshop Applications of Signal Processing to Audio & Acoustics (1995)
`♦ Advisory Board Member, National Center for Media Forensics (2009-2012)
`♦ MSU Sigma Xi (Scientific Research Society) chapter co-president (2007-present)
`♦ MSU Campus Advising Action Team (CAAT) (2016-present)
`♦ MSU Planning Council Representative for College of Engineering (2011-2015, 2018-present)
`♦ MSU Graduate Council Representative for College of Engineering (2003-2009)
`♦ MSU Advising Council Representative for College of Engineering (2005-2007)
`♦ External Advisory Board, University of Nebraska Electrical Engineering (1998-2000)
`♦ FCC Amateur Radio License, Amateur Extra class, Call Sign NR7B
`
`ACADEMIC HONOR SOCIETIES
`Tau Beta Pi, Eta Kappa Nu, Phi Kappa Phi, and Sigma Xi.
`AWARDS and HONORS
`♦ MSU Vice President for Research's Award for Meritorious Technology/Science (2019)
`♦ MSU College of Engineering Outreach Award (2017)
`♦ MSU Academic Advising Award (2013)
`♦ National Academic Advising Association (NACADA) Outstanding Faculty Advisor Award (2012)
`♦ MSU James and Mary Ross Provost's Award for Excellence (2009)
`♦ MSU Buy-out for Enhancing Scholarship and Teaching (BEST) Award (2004)
`♦ U. of Nebraska College Distinguished Teaching Award (1995)
`♦ U. of Nebraska Parents' Association Recognition Award for Contributions to Students (1991, 93, 94)
`♦ U. of Nebraska IEEE Student Chapter: Outstanding Faculty Award (1990, 1994); Tau Beta Pi: Outstanding
`Teacher Award (1993); College of Engineering: College Teaching Award (1992)
`SCHOLARSHIPS/FELLOWSHIPS
`
`
`
`♦ NSF Graduate Fellowship
`♦ Audio Engineering Society Educational Grant
`♦ University of Illinois and University of Wisconsin Graduate Fellowships
`♦ Washington University Langsdorf Undergraduate Fellowship
`♦ National Merit and National Honor Society Scholarships
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 18 of 27 PageID #: 5668
`ROBERT C. MAHER, Ph.D., P.E.
`Page 4
`
`
`
`(4) D. Kosek and R.C. Maher, "Audio Spectral Noise Reduction Method and Apparatus," Patent Number
`7,742,914, June 22, 2010.
`
`UNITED STATES PATENTS
`
`(3) R.C. Maher and J. Barish, "Scalable Audio Processing on a Heterogeneous Processor Array," Patent
`Number 6,301,603, October 9, 2001.
`
`(2) R.C. Maher, "Audio Spatial Enhancement Apparatus and Methods," Patent Number 6,111,958, August
`29, 2000.
`
`(1) R.C. Maher, "Audio Spatial Localization Apparatus and Methods," Patent Number 6,078,669, June 20,
`2000.
`
`FULLY REFEREED JOURNAL ARTICLES
`These are formal papers invited or accepted for scholarly publication based on full peer review of the completed manuscript.
`(14) R.C. Maher, "Lending an ear in the courtroom: forensic acoustics," Acoustics Today, vol. 11, no. 3,
`pp. 22-29, 2015.
`
`(13) R.C. Maher, "Audio forensic examination: authenticity, enhancement, and interpretation," IEEE Signal
`Processing Magazine, vol. 26, no. 2, March, 2009.
`
`(12) R.C. Maher, "Control of synthesized vibrato during portamento musical pitch transitions," J. Audio
`Eng. Soc., vol. 56, no. 1/2, pp. 18-27, 2008.
`
`(11) Z. Chen and R.C. Maher, "Analytical expression for impulse response between two nodes in 2-D
`rectangular digital waveguide mesh," IEEE Signal Processing Letters, vol. 15, pp. 221-224, 2008.
`
`(10) Z. Chen and R.C. Maher, "Semi-automatic classification of bird vocalizations using spectral peak
`tracks," J. Acoust. Soc. Am., vol. 120, no. 5, pp. 2974-2984, 2006.
`
`(9) R.C. Maher, "Wavetable synthesis strategies for mobile devices," J. Audio Eng. Soc., vol. 53, no. 3, pp.
`205-213, 2005.
`
`(8) P.K. Ramarapu and R.C. Maher, "Methods for reducing audible artifacts in a wavelet-based broad-band
`denoising system," J. Audio Eng. Soc., vol. 46, no. 3, pp. 178-190, 1998.
`
`(7) S.M. Joseph and R.C. Maher, "Subjective evaluation of four low-complexity audio coding schemes," J.
`Acoust. Soc. Am., vol. 97., no. 6, pp. 3657-3662, 1995.
`
`(6) R.C. Maher, "A method for extrapolation of missing digital audio data," J. Audio Eng. Soc., vol. 42, no.
`5, pp. 350-357, 1994.
`
`(5) R.C. Maher and J.W. Beauchamp, "Fundamental frequency estimation of musical signals using a Two-
`Way Mismatch procedure," J. Acoust. Soc. Am., vol. 95., no. 4, pp. 2254-2263, 1994.
`
`(4) R.C. Maher, "On the nature of granulation noise in uniform quantization systems," J. Audio Eng. Soc.,
`vol. 40, no. 1/2, pp. 12-20, 1992.
`
`(3) R.C. Maher, "A method for envelope warping in digital audio synthesis," J. Audio Eng. Soc., vol. 39,
`no. 12, pp. 934-944, 1991.
`
`

`

`Case 5:19-cv-00036-RWS Document 136-4 Filed 11/18/19 Page 19 of 27 PageID #: 5669
`ROBERT C. MAHER, Ph.D., P.E.
`Page 5
`
`(2) R.C. Maher, "Evaluation of a method for separating digitized duet signals," J. Audio Eng. Soc., vol.
`38, no. 12, pp. 956-979, 1990.
`(1) R.C. Maher and J.W. Beauchamp, "An investigation of vocal vibrato for synthesis," Applied Acoustics,
`vol. 30, no. 2-3, pp. 219-245, 1990.
`
`BOOKS AND CHAPTERS
`These are books and chapters of published reference books with peer review of the completed manuscript.
`(4) R.C. Maher, Principles of Forensic Audio Analysis, book, Springer Nature Switzerland, 2018.
`(3) R.C. Maher, "Overview of Audio Forensics," book chapter, Intelligent Multimedia Analysis for Security
`Applications, Berlin: Springer-Verlag, pp. 127-144, 2010.
`(2) R.C. Maher, "Lossless Audio Coding," book chapter, Lossless Compression Handbook, K. Sayood, ed.,
`San Diego: Academic Press, 2003.
`(1) J.W. Beauchamp and R.C. Maher, "Digital Audio," book chapter, Handbook of Acoustics, M. Crocker,
`ed., New York: John Wiley & Sons, pp. 1967-1978, 1997.
`
`FULLY REFEREED CONFERENCE PROCEEDINGS
`These are formal papers invited or accepted for a scholarly conference based on full peer review of the completed manuscript.
`(18) R.C. Maher, "Shot-to-shot variation in gunshot acoustics experiments," elib 20461, Proc. 2019 Audio
`Engineering Society International Conference on Audio Forensics, Porto, Portugal, June, 2019.
`(17) D.R. Begault, S.D. Beck, and R.C. Maher, "Overview of forensic gunshot analysis techniques," elib
`20475, Proc. 2019 Audio Engineering Society International Conference on Audio Forensics, Porto,
`Portugal, June, 2019.
`(16) R.C. Maher and T.K. Routh, "Gunshot acoustics: pistol vs. revolver," Proc. Audio Engineering Society
`Conference, Audio Forensics—Finding Signal in the Noise, Arlington, VA, June, 2017.
`(15) Â.M.C.R. Borzino, R.C. Maher, J.A. Apolinário and M.L.R. de Campos, "Employing wavelet-based
`texture features in ammunition classification", Proc. SPIE 10184, Sensors, and Command, Control,
`Communications, and Intelligence (C3I) Technologies for Homeland Security, Defense, and Law
`Enforcement Applications XVI, 101840D; doi:10.1117/12.2262282, May, 2017.
`(14) R.C. Maher and S.R. Shaw, "Gunshot recordings from digital voice recorders," Proc. Audio
`Engineering Society 54th Conference, Audio Forensics—Techniques, Technologies, and Practice, London,
`U.K., June, 2014.
`(13) R.C. Maher and J. Studniarz, "Automatic search and classification of sound sources in long-term
`surveillance recordings," Proc. Audio Engineering Society 46th Conference, Audio Forensics—Recording,
`Recovery,