`
`
`
`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C. 20436
`
`Before the Honorable David P. Shaw
`Administrative Law Judge
`
`
`In the Matter of
`
`CERTAIN SMART THERMOSTATS,
`SMART HVAC SYSTEMS, AND
`COMPONENTS THEREOF
`
`
`
`
`
`
`
`
`Investigation No. 337-TA-1185
`
`RESPONDENTS’ JOINT IDENTIFICATION OF EXPERTS
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`Pursuant to the Procedural Schedule (Order No. 5), Respondents ecobee Ltd. And ecobee,
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`Inc.; Google LLC; Alarm.com Incorporated and Alarm.com Holdings, Inc.; Daikin Industries,
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`Ltd., Daikin America, Inc., and Daikin North America LLC; Schneider Electric USA, Inc. and
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`Schneider Electric SE; and Vivint, Inc. (collectively, the “Respondents”) provide their
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`Identification of Experts. This disclosure includes a description of each expert’s qualifications
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`and the general nature of the subject matter on which each expert is expected to testify. This
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`identification of experts is based on Respondents’ current understanding of the evidence produced
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`thus far during discovery and to the extent discernable, Complainant’s positions taken to date.
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`Discovery is ongoing and Respondents reserve the right to supplement and/or amend this
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`identification. In addition to the experts identified below, Respondents reserve the right to proffer
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`testimony from any expert identified by Complainant in this Investigation.
`
`1. Dr. Kenneth P. Wacks
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`Dr. Kenneth Wacks holds a Ph.D. in Electrical Science and Engineering from the
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`Massachusetts Institute of Technology (“MIT”), and M.S. in Electrical Engineering from MIT, a
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`B.S. in Electrical Engineering from MIT. Dr. Wacks is an expert in technical matters in this
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`investigation, including, but not limited to, Internet of Things (IoT) for home and building systems,
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`building automation, smart grid systems, energy management services, and the structures,
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`functions, and operations of HVAC systems. Dr. Wacks’ qualifications are set forth in his
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`curriculum vitae attached hereto as Attachment 1. The general nature of Dr. Wacks’ hearing
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`testimony is presently expected to relate to technical matters related to the Asserted Patents, the
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`subject matter of the Asserted Patents, the state of the art at the time of the alleged invention of the
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`Asserted patents, qualifications of a person of ordinary skill in the art, the invalidity and/or
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`unenforceability of the Asserted Patents, the construction of claims and claim terms of the Asserted
`
`Patents, the structure, design, functionality, and operation of the products at issue in this
`
`Investigation, Respondents’ non-infringement of the Asserted Patents, the lack of the required
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`domestic industry technical prong relating to the Asserted Patents, other defenses, and/or any other
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`technical issue that may arise. Additionally, Dr. Wacks may testify in rebuttal to address
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`Complainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts, and in
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`rebuttal to other issues Complainant may assert.
`
`2. Dr. Mahdi Shahbakhti
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`Dr. Madhi Shahbakhti holds a Ph.D. in mechanical engineering from the University of
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`Alberta, and a M.Sc. and B.Sc. in mechanical engineering from KNT University of Technology.
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`Dr. Shahbakhti is an expert in technical matters in this investigation, including, but not limited to,
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`thermodynamics and controls, dynamic modeling of buildings, including thermal inertia, Internet
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`of Things (IoT) for home and building systems, building automation, smart grid systems, energy
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`management services, and the structures, functions, and operations of HVAC systems. Dr.
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`Shahbakhti’s qualifications are set forth in his curriculum vitae attached hereto as Attachment 2.
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`The general nature of Dr. Shahbakhti’s hearing testimony is presently expected to relate to
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`technical matters related to the Asserted Patents, the subject matter of the Asserted Patents, the
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`state of the art at the time of the alleged invention of the Asserted patents, qualifications of a person
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`of ordinary skill in the art, the invalidity and/or unenforceability of the Asserted Patents, the
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`construction of claims and claim terms of the Asserted Patents, the structure, design, functionality,
`
`and operation of the products at issue in this Investigation, Respondents’ non-infringement of the
`
`Asserted Patents, the lack of the required domestic industry technical prong relating to the Asserted
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`Patents, other defenses, and/or any other technical issue that may arise. Additionally, Dr.
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`Shahbakhti may testify in rebuttal to address Complainant’s expert testimony, in rebuttal to reports
`
`offered by Complainant’s experts, and in rebuttal to other issues Complainant may assert.
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`3. Dr. Alain F. Trial
`
`Dr. Alain Trial is an expert in technical matters in this investigation, including, but not
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`limited to, software and source code analysis, reverse engineering of executables, network
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`monitoring, and networked systems. Dr. Trial’s qualifications are set forth in his curriculum vitae
`
`attached hereto as Attachment 3. The general nature of Dr. Trial’s hearing testimony is presently
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`expected to relate to technical matters related to the Asserted Patents, the subject matter of the
`
`Asserted Patents, the state of the art at the time of the alleged invention of the Asserted patents,
`
`qualifications of a person of ordinary skill in the art, the invalidity and/or unenforceability of the
`
`Asserted Patents, the construction of claims and claim terms of the Asserted Patents, the structure,
`
`design, functionality, and operation of the products at issue in this Investigation, Respondents’
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`non-infringement of the Asserted Patents, the lack of the required domestic industry technical
`
`prong relating to the Asserted Patents, other defenses, and/or any other technical issue that may
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`arise. Additionally, Dr. Trial may testify in rebuttal to address Complainant’s expert testimony,
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`in rebuttal to reports offered by Complainant’s experts, and in rebuttal to other issues Complainant
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`may assert.
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`4. Mark Frappier
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`Mark Frappier holds a B.S. in Electrical Engineering from Northeastern University. Mr.
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`Frappier is an expert in technical matters in this investigation, including, but not limited to,
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`software, networked systems and components, and smartphone applications. Mr. Frappier’s
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`qualifications are set forth in his curriculum vitae attached hereto as Attachment 4. The general
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`nature of Mr. Frappier’s hearing testimony is presently expected to relate to technical matters
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`related to the Asserted Patents, the subject matter of the Asserted Patents, the state of the art at the
`
`time of the alleged invention of the Asserted patents, qualifications of a person of ordinary skill in
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`the art, the invalidity and/or unenforceability of the Asserted Patents, the construction of claims
`
`and claim terms of the Asserted Patents, the structure, design, functionality, and operation of the
`
`products at issue in this Investigation, Respondents’ non-infringement of the Asserted Patents, the
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`lack of the required domestic industry technical prong relating to the Asserted Patents, other
`
`defenses, and/or any other technical issue that may arise. Additionally, Mr. Frappier may testify
`
`in rebuttal to address Complainant’s expert testimony, in rebuttal to reports offered by
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`Complainant’s experts, and in rebuttal to other issues Complainant may assert.
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`5. Carla Mulhern
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`Ms. Carla Mulhern holds an M.Sc. in Economics from the London School of Economics
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`and Political Science, and a B.S. in Mathematics from Bucknell University. Ms. Mulhern’s area
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`of expertise includes, but is not limited to, applied economic, market and damage analysis and
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`international trade disputes. Ms. Mulhern’s qualifications are set forth in her curriculum vitae,
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`attached hereto as Attachment 5. The general nature of Ms. Mulhern’s hearing testimony is
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`presently expected to relate to the economic prong of the domestic industry requirement as well as
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`issues of remedy, bonding, public interest, and secondary considerations, including any alleged
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`commercial success. Additionally, Ms. Mulhern may testify in rebuttal to address Complainant’s
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`expert testimony, in rebuttal to reports offered by Complainant’s experts, and in rebuttal to other
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`issues Complainant may assert.
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`6. David M. Auslander, Sc.D.
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`Professor David M. Auslander, Sc.D. has a Doctor of Science from Massachusetts Institute
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`of Technology (“MIT”), and Master of Science from MIT, a Bachelor of Science in Mechanical
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`Engineering from The Cooper Union, and is currently a Professor of Mechanical Engineering at
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`the Graduate School of the University of California Berkeley. Professor Auslander is an expert in
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`technical matters in this Investigation, including but not limited to, the structures, functions, and
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`operations of Thermostats and HVAC systems. Professor Auslander’s CV, attached as Attachment
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`6, sets forth his additional qualifications and experience. The general nature of Professor
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`Auslander’s hearing testimony is presently expected to relate to technical matters related to the
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`Asserted Patents, the subject matter of the Asserted Patents, the state of the art at the time of the
`
`alleged invention of the Asserted Patents, qualifications of a person of ordinary skill in the art, the
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`invalidity and/or unenforceability of the Asserted Patents, the construction of claims and claim
`
`terms of the Asserted Patents, the structure, design, functionality, and operation of the products at
`
`issue in this Investigation, Respondents’ non-infringement of the Asserted Patents, the lack of the
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`required domestic industry technical prong relating to the Asserted Patents, other defenses, and/or
`
`any other technical issue that may arise. Additionally, Professor Auslander may testify in rebuttal
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`to address Complainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts,
`
`and in rebuttal to other issues Complainant may assert.
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`7. Gregor P. Henze, Ph.D, P.E.
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`Dr. Gregor P. Henze, Ph.D., P.E., has a Doctor of Philosophy (Ph.D.) in Civil Engineer-
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`ing—Building Systems Engineering from University of Colorado, a Master of Science in Mechan-
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`ical Engineering (Thermal Sciences) from Oregon State University, is a Professor in the Depart-
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`ment of Civil, Environmental and Architectural Engineering at University of Colorado Boulder,
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`and is the Associate Director of the Renewable and Sustainable Energy Institute in Boulder, Col-
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`orado. Dr. Henze is an expert in technical matters in this Investigation, including but not limited
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`to the structures, functions, and operations of Thermostats and HVAC systems. Dr. Henze’s CV,
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`attached as Attachment 7, sets forth his additional qualifications and experience. The general na-
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`ture of Dr. Henze’s hearing testimony is presently expected to relate to technical matters related
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`to the Asserted Patents, the subject matter of the Asserted Patents, the state of the art at the time
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`of the alleged invention of the Asserted patents, qualifications of a person of ordinary skill in the
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`art, the invalidity and/or unenforceability of the Asserted Patents, the construction of claims and
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`claim terms of the Asserted Patents, the structure, design, functionality, and operation of the prod-
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`ucts at issue in this Investigation, Respondents’ non-infringement of the Asserted Patents, the lack
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`of the required domestic industry technical prong relating to the Asserted Patents, other defenses,
`
`and/or any other technical issue that may arise. Additionally, Dr. Henze may testify in rebuttal to
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`address Complainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts,
`
`and in rebuttal to other issues Complainant may assert.
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`8. Dr. Shukri Souri
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`Dr. Shukri Souri holds a B.A. in engineering Science from the University of Oxford, an
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`M.S. in Electrical Engineering from Stanford University and a Ph.D. in Electrical Engineering
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`from Stanford University. Dr. Souri is an expert in technical matters in this investigation includ-
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`ing, but not limited to, software and firmware analysis, microelectronics, computing systems, com-
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`puter memories, control systems and network communications. Dr. Souri’s qualifications are set
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`forth in his curriculum vitae attached hereto as Attachment 8. The general nature of Dr. Souri’s
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`hearing testimony is presently expected to relate to technical matters related to the Asserted Pa-
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`tents, the subject matter of the Asserted Patents, the state of the art at the time of the alleged in-
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`vention of the Asserted patents, qualifications of a person of ordinary skill in the art, the invalidity
`
`and/or unenforceability of the Asserted Patents, the construction of claims and claim terms of the
`
`Asserted Patents, the structure, design, functionality, and operation of the products at issue in this
`
`Investigation, Respondents’ non-infringement of the Asserted Patents, the lack of the required do-
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`mestic industry technical prong relating to the Asserted Patents, other defenses, and/or any other
`
`technical issue that may arise. Additionally, Dr. Souri may testify in rebuttal to address Complain-
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`ant’s expert testimony, in rebuttal to reports offered by Complainant’s experts, and in rebuttal to
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`other issues Complainant may assert.
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`9. Jeff Hagins
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`Jeff Hagins holds a B.S. in Computer Science from Texas Tech University. Mr. Hagins is
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`an expert in technical matters in this investigation, including but not limited to: systems engineer-
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`ing, cloud computing, smart home technologies, Internet of Things (IoT), Software-as-a-Service
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`(SaaS), mobile application development and software engineering. Mr. Hagins’ qualifications are
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`set forth in his curriculum vitae attached hereto as Attachment 9. The general nature of Mr. Hag-
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`ins’ hearing testimony is presently expected to relate to technical matters related to the Asserted
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`Patents, the subject matter of the Asserted Patents, the state of the art at the time of the alleged
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`invention of the Asserted patents, qualifications of a person of ordinary skill in the art, the inva-
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`lidity and/or unenforceability of the Asserted Patents, the construction of claims and claim terms
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`of the Asserted Patents, the structure, design, functionality, and operation of the products at issue
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`in this Investigation, Respondents’ non-infringement of the Asserted Patents, the lack of the re-
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`quired domestic industry technical prong relating to the Asserted Patents, other defenses, and/or
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`any other technical issue that may arise. Additionally, Mr. Hagins may testify in rebuttal to address
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`Complainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts, and in
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`rebuttal to other issues Complainant may assert.
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`10. Judith Chevalier
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`Dr. Judith Chevalier holds an Ph.D. in Economics from the Massachusetts Institute of
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`Technology, and a B.S. in Economics from Yale University. Dr. Chevalier’s area of expertise
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`includes, but is not limited to, applied economic, market and damage analysis. Dr. Chevalier’s
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`qualifications are set forth in her curriculum vitae, attached hereto as Attachment 10. The general
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`nature of Dr. Chevalier’s hearing testimony is presently expected to relate to issues of remedy,
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`bonding, and public interest. Additionally, Dr. Chevalier may testify in rebuttal to address Com-
`
`plainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts, and in rebuttal
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`to other issues Complainant may assert.
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`11. Manfred Morari
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`Manfred Morari graduated from ETH Zurich with a degree in Chemical Engineering. He
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`later received a Ph.D. from the University of Minnesota in Chemical Engineering. He has been a
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`professor at the University of Wisconsin, California Institute of Technology, ETH Zurich, and
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`currently at the University of Pennsylvania. Mr. Morari is an expert in technical matters in this
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`investigation, including, but not limited to: systems engineering and control systems including
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`HVAC control systems. Mr. Morari’s complete qualifications are set forth in his curriculum vitae
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`attached hereto as Attachment 11. The general nature of Mr. Morari’s hearing testimony is pres-
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`ently expected to relate to technical matters related to the Asserted Patents, the subject matter of
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`the Asserted Patents, the state of the art at the time of the alleged invention of the Asserted patents,
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`qualifications of a person of ordinary skill in the art, the invalidity and/or unenforceability of the
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`Asserted Patents, the construction of claims and claim terms of the Asserted Patents, the structure,
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`design, functionality, and operation of the products at issue in this Investigation, Respondents’
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`non-infringement of the Asserted Patents, the lack of the required domestic industry technical
`
`prong relating to the Asserted Patents, other defenses, and/or any other technical issue that may
`
`arise. Additionally, Mr. Morari may testify in rebuttal to address Complainant’s expert testimony,
`
`in rebuttal to reports offered by Complainant’s experts, and in rebuttal to other issues Complainant
`
`may assert.
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`12. Darryl James
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`Darryl James holds a Ph.D. from Georgia Institute of Technology, a M.S. in Mechanical
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`Engineering from Georgia Institute of Technology, and a B.S. in Mechanical Engineering from
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`Texas A&M University. Dr. James is an expert in technical matters in this Investigation, including,
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`but not limited to: heating and cooling systems, systems engineering, control systems, smart home
`
`technologies, and software engineering. Dr. James’ qualifications are set forth in his curriculum
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`vitae attached hereto as Attachment 12. The general nature of Dr. James’ testimony is presently
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`expected to relate to technical matters related to the Asserted Patents, the subject matter of the
`
`Asserted Patents, the state of the art at the time of the alleged invention of the Asserted patents,
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`qualifications of a person of ordinary skill in the art, the invalidity and/or unenforceability of the
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`Asserted Patents, the construction of claims and claim terms of the Asserted Patents, the structure,
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`design, functionality, and operation of the products at issue in this Investigation, Respondents’
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`non-infringement of the Asserted Patents, the lack of the required domestic industry technical
`
`prong relating to the Asserted Patents, other defenses, and/or any other technical issue that may
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`arise. Additionally, Dr. James may testify in rebuttal to address Complainant’s expert testimony,
`
`in rebuttal to reports offered by Complainant’s experts, and in rebuttal to other issues Complainant
`
`may assert.
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`13. Mark Lanning
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`Mark Lanning holds a B.S. in Computer Science from Southern Methodist University and
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`has also been a visiting lecturer at Southern Methodist University on various data and communi-
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`cations systems. Mr. Lanning is an expert in technical matters in this Investigation, including, but
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`not limited to: systems architecture and engineering, communications and network protocols, hard-
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`ware and software development, and software engineering. Mr. Lanning’s complete qualifications
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`are set forth in his curriculum vitae attached hereto as Attachment 13. The general nature of Mr.
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`Lanning’s hearing testimony is presently expected to relate to technical matters related to the As-
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`serted Patents, the subject matter of the Asserted Patents, the state of the art at the time of the
`
`alleged invention of the Asserted patents, qualifications of a person of ordinary skill in the art, the
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`invalidity and/or unenforceability of the Asserted Patents, the construction of claims and claim
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`terms of the Asserted Patents, the structure, design, functionality, and operation of the products at
`
`issue in this Investigation, Respondents’ non-infringement of the Asserted Patents, the lack of the
`
`required domestic industry technical prong relating to the Asserted Patents, other defenses, and/or
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`any other technical issue that may arise. Additionally, Mr. Lanning may testify in rebuttal to ad-
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`dress Complainant’s expert testimony, in rebuttal to reports offered by Complainant’s experts, and
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`in rebuttal to other issues Complainant may assert.
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`Date: March 4, 2020
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`/s/ Maximilian A. Grant
`Maximilian A. Grant
`Bert C. Reiser
`LATHAM & WATKINS LLP
`555 Eleventh Street, N.W.
`Suite 1000
`Washington, DC 20004
`Telephone: (202) 637-2200
`Facsimile: (202) 637-2201
`
`Michael A. David
`LATHAM & WATKINS LLP
`885 Third Avenue
`New York, NY 10022
`Telephone: (212) 906-2968
`Facsimile: (212) 751-4864
`
`Thomas W. Yeh
`LATHAM & WATKINS LLP
`355 South Grand Avenue, Suite 100
`Los Angeles, CA 90071
`Telephone: (213) 485-1234
`Facsimile: (213) 891-8763
`
`Amit Makker
`LATHAM & WATKINS LLP
`505 Montgomery Street
`Suite 2000
`San Francisco, CA 94111
`Telephone: (415) 391-0600
`Facsimile: (415) 395-8095
`
`Counsel for Respondents Daikin Industries, Ltd.,
`Daikin America, Inc. and Daikin North America
`LLC
`
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`/s/ Shamita D. Etienne-Cummings
`
`Shamita D. Etienne-Cummings
`James P. Gagen
`701 13th Street NW
`Washington, DC 20005-3807
`Telephone: 202-626-3600
`Facsimile: 202-639-9355
`WCGoogleITC@whitecase.com
`
`Bijal V. Vakil
`Ryuk Park
`3000 El Camino Real
`Two Palo Alto Square, Suite 900
`Palo Alto, CA 94306
`Telephone: 650-213-0300
`Facsimile: 650-213-8158
`
`Daniel S. Sternberg
`75 State Street, 24th Floor
`Boston, MA 02109
`Telephone: 617-979-9354
`Facsimile: 617-979-9301
`
`Grace Wang
`1221 Avenue of the Americas
`New York, NY 10020-1095
`Telephone: 212-819-8574
`Facsimile: 212-354-8113
`
`Attorneys for Google LLC
`
`By: /s/ Kirk. R. Ruthenberg________
`Kirk R. Ruthenberg
`1900 K Street, N.W.
`Washington, D.C. 20005
`(202) 408-6410
`kirk.ruthenberg@dentons.com
`
`Timothy J. Carroll
`Steven M. Lubezny
`233 South Wacker Drive
`Suite 5900
`Chicago, IL 60606-6361
`(312) 876-8000
`tim.carroll@dentons.com
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`steve.lubezny@dentons.com
`
`Manny J. Caixeiro
`601 South Figueroa Street
`Suite 2500
`Los Angeles, CA 90017-5704
`(213) 688-1000
`manny.caixeiro@dentons.com
`
`Attorneys for Respondents ecobee Ltd. & ecobee,
`Inc.
`
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`
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`/s/ Marc J. Khadpe
`
`Richard J. Stark
`Marc J. Khadpe
`Matthew J. Boggess
`CRAVATH, SWAINE & MOORE LLP
`825 Eighth Avenue
`New York, NY 10019
`Phone: (212) 474-1000
`Email: Service-CSM-Alarm-1185@cravath.com
`
`Barbara A. Murphy
`James B. Altman
`Matthew N. Duescher
`FOSTER, MURPHY, ALTMAN & NICKEL, PC
`1150 18th Street NW, Suite 775
`Washington, DC 20036
`Phone: (202) 822-4100
`Email: FM-Alarm-1185@fostermurphy.com
`
`Attorneys for Respondents Alarm.com Incorporated
`& Alarm.com Holdings, Inc.
`
`
`
`
`
`By: /s/ Benjamin J. Bradford
`Terrence J. Truax
`Reginald J. Hill
`Benjamin J. Bradford
`Yusuf Esat
`JENNER & BLOCK LLP
`353 N. Clark St.
`Chicago, Illinois 60654
`Telephone: (312) 222-9350
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`ttruax@jenner.com
`rhill@jenner.com
`bbradford@jenner.com
`yesat@jenner.com
`
`Mareesa A. Frederick
`Finnegan, Henderson, Farabow, Garrett & Dunner,
`LLP
`901 New York Ave., NW
`Washington, DC 20001
`Telephone: (202) 408-4383
`Facsimile: (202) 408-4400
`mareesa.frederick@finnegan.com
`
`Counsel for Respondents Schneider Electric USA,
`Inc. and Schneider Electric SE
`
`By: /s/ Jonathan L. Hardt
`
`Jonathan L. Hardt
`Fred I. Williams
`Todd E. Landis
`WILLIAMS SIMONS & LANDIS PLLC
`327 Congress Avenue, Suite 490
`Austin, TX 78701
`(512) 543-1354
`Vivint-Service-1185@wsltrial.com
`
`
`Charles S. Barquist
`MASCHOFF BRENNAN
`300 South Grand Ave., Suite 1400
`Los Angeles, California 90071
`(949) 202-1900
`MBVivintITC@mabr.com
`
`
`David R. Wright
`Alexis K. Juergens
`MASCHOFF BRENNAN
`111 South Main Street, Suite 600
`Salt Lake City, Utah 84111
`(801) 297-1850
`
`
`Counsel for Respondent Vivint, Inc.
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`CERTIFICATE OF SERVICE
`
`It is hereby certified that copies of RESPONDENTS’ JOINT IDENTIFICATION OF
`EXPERTS were served on March 5, 2020 as follows:
`
`337-TA-1185
`
`The Honorable Lisa R. Barton
`Secretary to the Commission
`U.S. International Trade Commission
`500 E Street, SW, Room 112
`Washington, DC 20436
`
`The Honorable David P. Shaw
`Administrative Law Judge
`U.S. International Trade Commission
`500 E Street, SW, Room 317
`Washington, DC 20436
`
`Paul Gennari
`Office of Unfair Import Investigations
`U.S. International Trade Commission
`500 E Street, SW, Room 401
`Washington, DC 20436
`
`Matthew D. Aichele
`RUSS AUGUST & KABAT
`800 Maine Ave., S.W., Suite 200
`Washington, DC 20024
`
`Counsel for Complainant EcoFactor, Inc.
`
`Barbara A. Murphy
`FOSTER, MURPHY, ALTMAN & NICKEL, PC
`1150 18th Street NW, Suite 775
`Washington, DC 20036
`
`Counsel for Respondents Alarm.com Incorporated
`and Alarm.com Holdings, Inc.
`
`Kirk R. Ruthenberg
`DENTONS US LLP
`1900 K Street, N.W.
`Washington, D.C. 20005
`
`Counsel for Respondents ecobee, Ltd. and ecobee,
`Inc.
`
`By EDIS
`
`By Email:
`Shaw337@usitc.gov
`Joseph.Speyer@usitc.gov
`
`By Email
`paul.gennari@usitc.gov
`
`By Email
`rak_ecofactor_itc@raklaw.com
`ecofactor-ls-1185@levisnotherly.com
`
`By Email
`FM-Alarm-1185@fostermurphy.com
`Service-CSM-Alarm-1185@cravath.com
`
`By Email
`ecobee.ITC@dentons.com
`
`

`

`
`
`Shamita D. Etienne-Cummings
`WHITE & CASE LLP
`701 13th Street NW
`Washington, DC 20005-3807
`
`Counsel for Respondent Google LLC
`
`Terrence T. Truax
`JENNER & BLOCK LLP
`353 N Clark Street
`Chicago, IL 60654
`
`Counsel for Respondents Schneider Electric USA,
`Inc. and Schneider Electric SE
`
`Jonathan L. Hardt
`WILLIAMS SIMONS & LANDIS PLLC
`327 Congress Ave., Suite 490
`Austin, Texas 78701
`
`Counsel for Respondent Vivint, Inc.
`
`
`
`337-TA-1185
`
`By Email
`WCGoogleITC@whitecase.com
`
`
`
`
`By Email
`dl_1185schneider-jb@jenner.com
`Mareesa.Frederick@finnegan.com
`
`
`By Email
`Vivint-Service-1185@wsltrial.com
`MBVivintITC@mabr.com
`
`
`
`
`/s/ Erika J. Weinstein
`Erika J. Weinstein
`LATHAM & WATKINS LLP
`
`
`
`
`
`2
`
`

`

`ATTACHMENT 1
`
`ATTACHMENT 1
`
`

`

`KENNETH P. WACKS, Ph.D.
`Management & Engineering Consultant
`
`Dr. Kenneth Wacks
`
`Business Services
`
`Home & Building Systems ... Internet of Things (IoT)
`Energy Management............. Smart Grids
`Digital Media Networks......... HDTV, IPTV (streaming)
`Expert Witness ...................... Patent disputes
`Due-Diligence........................Investor services
`
`Dr. Wacks has been a pioneer in establishing the home systems industry and a management
`advisor to more than 150 clients worldwide. His business spans IoT for home and building
`systems, energy management for smart grids, and digital media networks. He also provides
`due-diligence for investors and expert witness services for litigants including patent cases.
`Please visit kenwacks.com for information about his industry services, projects, and
`publications.
`
`Corporate managers depend on Dr. Wacks to make high-tech business choices clear and
`actionable. He helps them identify business opportunities in emerging markets with practical
`advice relevant for product development, market positioning, and strategic partnerships.
`Executives value his worldview, insights, expertise, and experience to facilitate competent
`decisions on complex technologies.
`
`Dr. Wacks was appointed by the United States Department of Energy to serve four terms on the
`GridWise Architecture Council, focusing on the grid interface to customer equipment. He is a
`founding member of the Smart Grid Interoperability Panel, now part of the Smart Electric
`Power Alliance, where he chairs the Customer Grid Edge committee.
`
`The member nations of ISO/IEC have elected Dr. Wacks chair of the committee developing
`international home and building system standards for seven terms. In September 2018 he
`received the IEC 1906 Award honoring leaders and experts whose work is fundamental to
`world standards. He has also written American National Standards in home automation and
`networked appliances for the Consumer Technology Association, where he chairs the energy
`management standards committee.
`
`Dr. Wacks chairs the Editorial Advisory Board of the CABA magazine iHomes and Buildings
`(available at www.caba.org) and is a featured contributor under the byline “Ken Wacks’
`Perspectives.” As an entrepreneur at a venture-backed startup, he developed UNIX
`workstations for the semiconductor industry. Dr. Wacks received his Ph.D. in electrical
`engineering from MIT as a Hertz Fellow and studied at the MIT Sloan School of Management.
`
`

`

`KENNETH P. WACKS, Ph.D.
`Management & Engineering Consultant
`
`Dr. Kenneth Wacks is management consultant with more than 30 years of business experience. He provides
`corporate guidance and strategic market planning in high-tech. His expertise ranges from product
`positioning in emerging markets to communications network design. Among his specialties are home
`systems, building automation, energy management services, and digital entertainment networks.
`
`Dr. Wacks has a unique combination of expertise, experience, and industry contacts to identify key market
`trends for clients and to help them develop successful products and avert costly problems.
`
`As an entrepreneur, Dr. Wacks founded a venture-backed company developing UNIX workstations for
`semiconductor testing. Previously, he was engineering manager at Teradyne, a manufacturer of automatic
`test equipment. He received a Ph.D. from MIT in communications engineering (digital imaging) as a Hertz
`Fellow, Master’s and Bachelor’s degrees from MIT, and studied at the MIT Sloan School of Management.
`
`Client Services
`
`Clients (partial list)
`
`(cid:129) Strategic business development
`
`Echelon
`
`- Evaluate new technologies
`
`- Assess market potentials
`
`- Analyze product feasibility
`
`Ernst & Young
`
`General Electric
`
`Hewlett-Packard
`
`- Arrange partnerships & acquisitions
`
`LGE
`
`- Review staff capabilities
`
`McKinsey & Company
`
`- Perform due-diligence for investors
`
`Merloni Appliances (Indesit)
`
`(cid:129) Seminars custom tailored for executives,
`marketing, and management
`
`(cid:129) Demonstration development
`
`(cid:129) Patent review and expert witness services
`
`(cid:129) Credible product promotion to client’s
`customers, investors, and the press
`
`Pacific Gas and Electric
`
`Samsung
`
`Sears
`
`Siemens
`
`Texas Instruments
`
`Tokyo Electric Power
`
`Unilever
`
`Home Systems (partial project list)
`
`Guided the entry of a major retailer into the home networking market.
`
`Planned packages of new customer services for energy utilities to enter a competitive
`environment. Designed a system for energy management with minimal inconvenience to
`customers, and coordinated the development by subcontractors.
`
`Created and patented the system architecture and communications protocol of SMART HOUSE.
`
`Expert witness for a consumer product maker blocking attempts to invalidate key patents.
`
`Wrote standards for home networks incorporating Internet features and energy management of
`home appliances for the Association of Home Appliance Manufacturers (AHAM), the Consumer
`Technology Association (CTA), and ISO/IEC (international standards).
`
`

`

`
`
`KENNETHKENNETH P.P. WACKS,WACKS, Ph.D.Ph.D.
`
`
`
`
`
`Building Automation (partial project list)
`
`Performed due-diligence review of an investment in energy management dashboards.
`
`Managed multi-client projects on intelligent buildings technology and the impact of smart grids.
`
`Explored the potential for telepresence to substitute for travel
`emissions.
`
`to reduce greenhouse gas
`
`Developed a Best-Practices Guide for the Canadian government to evaluate intelligent building
`technologies consisting of integrated building systems, communications, and controls.
`
`Assisted Siemens to establish the European Installation Bus in the North American market.
`
`Evaluated 35 communications protocols for interconnecting building services and recommended
`networks to the Open Protocols Council of the Intelligent Buildings Institute.
`
`Advised a startup in building control systems on competitive market opportunities.
`
`Adapted building automation to enhance gas services and safety in high-rise buildings.
`
`Digital Entertainment (partial project list)
`
`Managed a multi-client study of the IPTV (Internet TV) market using focus groups.
`
`Provided due-diligence for an investment banker evaluating an HDTV invention.
`
`Assessed market potential and located prospective customers for a manufacturer of video signal
`processing integrated circuits.
`
`Evaluated the suitability of a telemetry acquisition for a cable TV component manufacturer.
`
`Provided technical guidance and market strat