Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 1 of 232
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`IN THE UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF NORTH CAROLINA
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`)
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`OPTOLUM, INC., )
`
` Greensboro, North Carolina )
` Plaintiff, November 1, 2021
` )
` vs. )
`
`)
`CREE, INC., )
`
` Case No. 1:17CV687 )
` Defendant. )
`_________________________________ )
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`TRANSCRIPT OF TRIAL DAY 4
`BEFORE THE HONORABLE WILLIAM L. OSTEEN, JR.
`UNITED STATES DISTRICT JUDGE
`
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`APPEARANCES:
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`For the Plaintiff: ROBERT BROOKS
`LEAH R. MCCOY
`MCCARTER & ENGLISH, LLP
`265 FRANKLIN STREET
`BOSTON, MA 02110
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`
`
`JACOB S. WHARTON
`WOMBLE BOND DISKINSON (US) LLP
`1 W. 4th STREET
`WINSTON-SALEM, NC 27101
`
`
`For the Defendant: BLANEY HARPER
`JONES DAY
`51 LOUISIANA AVE., N.W.
`WASHINGTON, DC 20001
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`
`
`PETER D. SIDDOWAY
`SAGE PATENT GROUP
`4242 SIX FORKS ROAD, SUITE 1550
`RALEIGH, NC 27609
`
`Joseph B. Armstrong, FCRR
`Court Reporter:
` 324 W. Market, Room 101
`Greensboro, NC 27401
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`Proceedings reported by stenotype reporter.
`Transcript produced by Computer-Aided Transcription.
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 2 of 232
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`WITNESSES FOR THE PLAINTIFF: PAGE
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`I N D E X
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`CHARLES McCREARY
`Direct Examination By Mr. Martinson
`Cross-Examination By Mr. Harper
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`WILLIAM SCALLY
`Direct Examination By Mr. Wharton
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`163
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`EXHIBITS: RCVD
`
`PTX 435
`PTX 436
`DTX 464
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`LAA001100.csv
`LAA001187.csv
`File Designated as CREEAZ_00944716 in
`Bretschneider Non-Infringement Exhibit B-3
`File Designated as CREEAZ_00948506 in
`Bretschneider Non-Infringement Exhibit B-3
`File Designated as CREEAZ_00945160 in
`Bretschneider Non-Infringement Exhibit B-3
`File Designated as CREEAZ_00944687 in
`Bretschneider Non-Infringement Exhibit B-3
`File Designated as CREEAZ_00941175 in
`Bretschneider Non-Infringement Exhibit B-3
`File Designated as CREEAZ_00948545 in
`Bretschneider Non-Infringement Exhibit B-3
`McCreary PowerPoint
`100w.20190403.SLDPRT
`Certified Copy of U.S. Patent No. 7,242,028
`Certified Copy of U.S. Patent No. 6,831,303
`Bulb photographs
`Bulb photographs
`File Designated as CREEAZ_00897240 in
`Bretschneider Non-Infringement Exhibit B-15
`File Designated as CREE_08568120 in
`Bretschneider Non-Infringement Exhibit B-16:
`LAA001362
`File Designated as CREE_08568105 in
`Bretschneider Non-Infringement Exhibit B-17:
`LAA001361
`File Designated as CREEAZ_01003670 in
`Bretschneider Non-Infringement Exhibit B-21
`File Designated as CREEAZ_01000243 in
`Bretschneider Non-Infringement Exhibit B-21
`File Designated as CREEAZ_00999862 in
`Bretschneider Non-Infringement Exhibit B-21
`File Designated as CREEAZ_00996738 in
`Bretschneider Non-Infringement Exhibit B-21
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`DTX 467
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`DTX 468
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`DTX 469
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`DTX 473
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`DTX 478
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`PTX 582
`PTX 612
`PTX 631
`PTX 635
`PTX 662
`PTX 663
`DTX 673
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`DTX 684
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`DTX 692
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`DTX 758
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`DTX 759
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`DTX 761
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`DTX 765
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 3 of 232
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`I N D E X
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`EXHIBITS: RCVD
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`DTX 771
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`DTX 801
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`PTX 940
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`PTX 948
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`PTX 950
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`PTX 951
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`PTX 954
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`PTX 957
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`PTX 990
`PTX 1175
`PTX 1178
`PTX 1179
`PTX 1180
`PTX 1181
`PTX 1182
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`File Designated as CREEAZ_00999951 in
`Bretschneider Non-Infringement Exhibit B-21
`File Designated as CREEAZ_00832061 in
`Bretschneider Non-Infringement Exhibit
`C-8-LAA001072C-LDE000121
`File Designated as CREEAZ_01003939 in
`Bretschneider Non-Infringement Exhibit
`C-16-LAA001190B-LDE000128
`LAA000844.csv CREEAZ_00738386
`CREEAZ_00738386
`LAA001356.csv CREEAZ_01220493
`CREEAZ_01220493
`LAA001103.csv CREEAZ_00949555
`CREEAZ_00949555
`LAA001325.csv CREEAZ_01213978
`CREEAZ_01213978
`LAA001359.csv CREEAZ_01234085
`CREEAZ_01234085
`LAA000795.csv CREEAZ_00617932
`CREEAZ_00617932
`LAA001203.csv CREEAZ_01159902 CREEAZ_
`Example of a Bill of Materials
`LAA001323.csv CREEAZ_01186016
`CREEAZ_01186016
`LAA000843.csv CREEAZ_00681431
`CREEAZ_00681431
`LAA001249.csv CREEAZ_01166449
`CREEAZ_01166449
`LAA000938.csv CREEAZ_00788539
`CREEAZ_00788539
`LAA001010.csv CREEAZ_00813945
`CREEAZ_00813945
`LAA00854.csv CREEAZ_00763293 CREEAZ_00763293
`LAA001197.csv CREEAZ_01113127
`CREEAZ_01113127
`Example of a Bill of Materials
`LAA001200.csv CREEAZ_01138253
`CREEAZ_01138253
`Heat sink CAD drawing
`Heatsink, MATT
`Example of heat sink design
`Example of heat sink design
`Example of heat sink design
`Example of multi-ring LED
`Example of single-ring LED
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`I N D E X
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`EXHIBITS: RCVD
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`Example of multi-ring LED
`Example of single-ring LED
`XBG/E Final Design Review
`Xlamp XBG High Voltage White LEDs
`Cree Lamp Bill of Materials Summary
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`PTX 1183
`PTX 1184
`PTX 1186
`PTX 1187
`PTX 1189
`PTX 1200
`PTX 1201
`PTX 1202
`PTX 1203
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 5 of 232
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`P R O C E E D I N G S
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`(At 9:35 a.m., proceedings commenced.)
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`THE COURT: Everybody decided to come back. Good
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`morning.
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`A couple quick things. Number one, do you all want
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`to do anything this morning or launch back into it?
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`MR. HARPER: We didn't come to any --
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`THE COURT: All right. We'll just launch back into
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`the evidence.
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`Have you got your first witness ready to go in the
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`courtroom?
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`MR. BROOKS: Yes, Your Honor. There's also some
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`evidentiary issues that will come up during the course of the
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`day, as well as the fact that it appears a key witness from
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`Cree is no longer going to be -- I'll take this off.
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`THE COURT: That's all right.
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`MR. BROOKS: A key witness from Cree is no longer
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`going to be attending the trial, which we found out about last
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`night. And I don't know when the Court would like to deal with
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`that.
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`THE COURT: How long do you think you'll be into the
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`exam -- I would like to get started relatively quickly this
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`morning, even if we have to take a break.
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`MR. BROOKS: That's fine, Your Honor.
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`THE COURT: You think we can go half hour or 45
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 6 of 232
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`minutes before we have to send the jury out?
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`MR. BROOKS: That would be great. That's fine.
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`THE COURT: Second thing I want to make everyone
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`aware of is -- I don't know how many times I brought up the
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`random nature of jury selection and our processes, not very
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`often, but, of course, once you open your mouth and say random
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`selection is what we do here such that the parties might rely
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`on that without reading the jury plan, come to find out that we
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`have a little issue. I don't think it affects this trial in
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`any way, but I'm going to go ahead and tell you about it since
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`I think the clerk's office made a mistake.
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`So to explain a little more deeply, as you might
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`imagine, with the big pool of potential jurors, they'll notify
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`like 5,000 jurors at a time. Most of it is from, I think --
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`I'm a little confused about this at the moment, but I think
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`most of it comes from the voter registration list and maybe
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`supplemented with stuff from the state DMV.
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`To that 5,000 -- let's say 5,000 pool of potential
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`jurors, initially they are notified, and then they're requested
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`to go in, log on electronically, fill out the juror
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`information, or, alternatively, they can send a request to the
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`clerk's office, and the clerk's office will mail out the
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`written questionnaire to be sent back in by a potential juror.
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`I think it's about 1,500, we'll say, of that 5,000,
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`but the general idea is that, as you might imagine, they'll get
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 7 of 232
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`no response from a certain number of those jurors to that first
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`mailing, and so then there's a second mailing targeting that
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`group saying, here's your written questionnaire. Fill it out
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`and send it in.
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`For some reason on this go-around, that second step
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`of sending the written questionnaire to the people who did not
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`respond was not discharged by the clerk's office. So what
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`effect might that have upon jurors impaneled -- and apparently
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`it's just this particular window from -- for like November and
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`December of 2021. I don't think that makes a big difference in
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`this case that -- for a couple of reasons. Even though that
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`might mess up, to some degree -- my words, not the expert's
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`words -- the jury selection process, the ones we didn't capture
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`are the ones who did not respond to the initial mailing.
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`Now, that might say that they're, you know, no longer
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`available at that particular address. It might say that
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`they're -- I hate so say, sorry, no-gooders, but they're people
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`who don't do what they're supposed to do, and might say they
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`are people who don't have access to a computer and maybe aren't
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`sophisticated enough to go figure out how to send it in.
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`Under that circumstance, there is a risk that you're
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`going to lose a segment of jurors which could, in turn, affect
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`the randomness, particularly in terms of race, but other
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`factors as well, and what I mean by that is -- you know, who
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`knows, but the randomness is done to ensure that a jury fully
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`reflects a cross section of peers, whether it's sex, race,
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`whatever the characteristics are. And when you lop out a part
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`of that, then you affect the randomness of the selection.
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`I say that I don't think it makes any difference for
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`this trial for two reasons. One, I don't see how in the world
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`somebody could argue that race is a factor in the conduct of
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`this trial. And, number two, if you assume, as I am, that
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`those who didn't respond either didn't have access to a
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`computer or couldn't figure out how to get access to a computer
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`and simply, for whatever reason, failed to call the clerk's
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`office to request the written questionnaire, that group -- I'm
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`not sure they would be our best jurors for this particular
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`trial.
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`So, in my mind, even though a mistake was made that
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`could -- apparently the clerk's office ran the numbers, and in
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`terms of particularly race, but other demographics, it looks
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`like it came out pretty much consistent with what we would
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`expect under any circumstances and consistent with our numbers
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`here in North Carolina. So I think if a challenge were to come
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`up to the racial makeup of the jury pool, I think
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`percentage-wise we would be pretty close to what we would
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`expect given our general population numbers. I keep in my head
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`we're 25 percent minority, and that's 17 or 18 percent black,
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`and 7 to 8 percent other minorities and that type of thing, and
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`I think we're pretty consistent with that.
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`So I tell you all that because you all would have no
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`way of knowing what had happened in connection with the
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`randomness process -- the random process. And if you want to
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`challenge it or something bothers you about what happened, I
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`want to cut that off pretty quickly. I don't want to keep this
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`jury here if there's going to be a challenge to the racial or
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`gender or some other composition of the jury.
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`So I would say if you object or need -- if you need
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`additional information, let us know that as quickly as you can.
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`And if you want to object to the composition based on the
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`failure of the clerk's office to fully discharge its
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`responsibility -- and there's no question they didn't do what
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`they were supposed to do this time, but how that might affect
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`things is an open issue. If you want to challenge that, then
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`let me know -- file your motion, I'll say -- any motion I'm
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`going to say by 2:00 tomorrow. And if no motion is filed, the
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`parties will be deemed to have waived any challenge to the
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`randomness of jury selection.
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`Any questions after having heard that little
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`presentation from me? I apologize. I didn't -- I heard about
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`that after we recessed court at some time.
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`All right. Well, let's get started and see how
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`far -- yes, sir?
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`MR. MARTINSON: Your Honor, before we bring the jury
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`in, the parties thought in an effort to speed along some of the
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 10 of 232
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`examinations that we would try to preadmit a bunch of exhibits
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`for our exchange. So if it would please the Court, I could
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`read off the exhibits we plan to use with our witness and just
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`move them in now instead of the way we did it painstakingly --
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`THE COURT: Why don't you just read them off in front
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`of the jury so they'll hear that they are admitted. Just say,
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`Your Honor, there's no objection, and Exhibits 10 through 20
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`are admitted at this time and may be published to the jury, or
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`something like that.
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`All right. Bring the jury in.
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`Who is your first witness going to be?
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`MR. MARTINSON: Mr. Charles McCreary.
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`(At 9:48 a.m., jurors arrive.)
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`THE COURT: All right. Good morning, ladies and
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`gentlemen. Welcome back.
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`You may proceed with your examination.
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`MR. MARTINSON: Plaintiffs call Mr. Charles McCreary
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`to the stand, Your Honor.
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`(Witness sworn by the clerk.)
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`THE COURT: All right. Mr. Martinson?
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`MR. MARTINSON: May I approach, Your Honor?
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`THE COURT: You may.
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`MR. MARTINSON: It may be a while today, so I will
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`bring him some water and stuff to look at.
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`THE COURT: All right.
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 11 of 232
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`MR. MARTINSON: And before we begin, Your Honor, the
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`parties have met and conferred about a number of the exhibits
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`that would be used with Mr. McCreary. In an effort to speed
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`things along for everyone, we would just like to preadmit them
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`so they can be shown.
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`them.
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`THE COURT: All right.
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`MR. MARTINSON: And I've got a list, so I will read
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`THE COURT: All right. Ladies and gentlemen, these
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`exhibit numbers and exhibits that he's -- Mr. Martinson is
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`about to read off, there's no objection to their admission, so
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`you may consider those exhibits just as you would any other
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`exhibit admitted during the course of the trial.
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`You may proceed to identify those exhibits.
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`MR. MARTINSON: Thank you, Your Honor. We'll begin
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`with the DX numbers. So it's DX 464, DX 467, DX 468, DX 469,
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`DX 473, DX 478, DX 673, DX 684, DX 692, DX 758, DX 759, DX 761,
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`DX 765, DX 771, DX 801, and DX 809.
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`20
`
`THE COURT: All right.
`
`MR. MARTINSON: Now, on the Plaintiff's side. We
`
`21
`
`have PTX 435, PTX 436, PTX 582, PTX 612, PTX 631, PTX 635, PTX
`
`22
`
`662, PTX 663, PTX 940, PTX 941, PTX 942, PTX 943, PTX 944, PTX
`
`23
`
`945, PTX 946, PTX 947, PTX 948, PTX 949, PTX 950, PTX 951, PTX
`
`24
`
`952, PTX 953, PTX 954, PTX 955, PTX 956, PTX 957, PTX 999, PTX
`
`25
`
`1175, PTX 1178, PTX 1179, PTX 1180, PTX 1181, PTX 1182, PTX
`
`November 1, 2021 - Trial Day 4
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`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 12 of 232
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`McCreary - Direct
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` 12
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` 1
`
`1183, PTX 1184, PTX 1186, PTX 1187, PTX 1189, PTX 1200, PTX
`
` 2
`
`1201, PTX 1202, and last, but not least, PTX1203.
`
` 3
`
`THE COURT: All right. Ladies and gentlemen,
`
` 4
`
`Defendant's Exhibits 464, 467, 468, 469, 473, 478, 673, 684,
`
` 5
`
`692, 758, 759, 761, 765, 771, 801, and 809 are admitted.
`
` 6
`
`Plaintiff's exhibits that were read out 435, 436,
`
` 7
`
`582, 612, 631, 635, 662, 663, 940, 941, 942, 943, 944, 945,
`
` 8
`
`946, 947, 948, 949, 950, 951, 952, 953, 954, 955, 956, 957,
`
` 9
`
`999, 1175, 1178, 1179, 1180 through 84, 1186 and 87, 1189,
`
`10
`
`1200, 1201, 1202, and 1203 have been identified as authentic
`
`11
`
`and will be admitted during the Plaintiff's case.
`
`12
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`13
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`14
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`15
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`16
`
`17
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`18
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`19
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`20
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`21
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`22
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`You may proceed.
`
`CHARLES McCREARY,
`
`PLAINTIFF'S WITNESS, SWORN AT 9:55 a.m.
`
`DIRECT EXAMINATION
`
`BY MR. MARTINSON:
`
`Q
`
`A
`
`Q
`
`A
`
`Q
`
`A
`
`Good morning, Mr. McCreary.
`
`Good morning.
`
`Please introduce yourself to the jury and to the Court.
`
`My name is Charles McCreary.
`
`And where are you from, Mr. McCreary?
`
`I'm from Rusk County, Texas, which is in the eastern part
`
`23
`
`of the state.
`
`24
`
`25
`
`Q
`
`A
`
`And what's your purpose for being here today?
`
`I've been asked to render my opinions on infringement
`
`November 1, 2021 - Trial Day 4
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`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 13 of 232
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`McCreary - Direct
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` 13
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` 1
`
`issues.
`
` 2
`
`Q
`
`Okay. And have you prepared any materials to help with
`
` 3
`
`your testimony today?
`
` 4
`
`A
`
`Yes, I have.
`
` 5
`
`MR. MARTINSON: And if we could have those --
`
` 6
`
`Mr. Gordon, please. Thank you.
`
` 7
`
`THE COURT: Mr. McCreary, as you answer the
`
` 8
`
`questions, you're turning your head, which is fine. But if
`
` 9
`
`you'll get that microphone so it's --
`
`10
`
`11
`
`THE WITNESS: Is this a little better?
`
`THE COURT: Yeah, you don't need to lean quite that
`
`12
`
`close. But if you just keep it in front of you as you're
`
`13
`
`speaking, it picks up better.
`
`14
`
`15
`
`16
`
`All right. You may proceed.
`
`MR. MARTINSON: All right.
`
`BY MR. MARTINSON:
`
`17
`
`Q
`
`All right. Mr. McCreary, please explain your educational
`
`18
`
`background to the jury.
`
`19
`
`A
`
`Yes. I graduated in 1984 from Texas A&M University. I
`
`20
`
`then started grad school, also at Texas A&M University, where
`
`21
`
`my studies were focused on the solution and development of
`
`22
`
`nonlinear finite element codes for solid mechanics and fluid
`
`23
`
`mechanics, especially thermal elastic-type solutions.
`
`24
`
`Q
`
`And can you put that in the context of the real world for
`
`25
`
`the jurors, please?
`
`November 1, 2021 - Trial Day 4
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`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 14 of 232
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`McCreary - Direct
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` 14
`
` 1
`
`A
`
`It's how to solve for stress and strain and bodies under
`
` 2
`
`deformation. It's how to solve for temperature in bodies that
`
` 3
`
`have convective heat loads and things of that nature.
`
` 4
`
`Q
`
`You've listed a number of memberships here. Why are these
`
` 5
`
`important to your testimony today?
`
` 6
`
`A
`
`Well, I became a member of the American Society of Civil
`
` 7
`
`Engineers as an undergraduate because that was what my degree
`
` 8
`
`program was in. I became a member of the American Society of
`
` 9
`
`Mechanical Engineers because most of the journal articles that
`
`10
`
`I rely on in my work are published by journals that are -- or
`
`11
`
`in journals published that are published by ASME. And I'm also
`
`12
`
`a member of the American Society of Professional Engineers and
`
`13
`
`the Texas Society of Professional Engineers.
`
`14
`
`15
`
`Q
`
`A
`
`And what is a professional engineer?
`
`Well, a professional engineer is a person who has
`
`16
`
`graduated from an accredited university with an engineering
`
`17
`
`degree -- it typically takes four to six years -- passes two
`
`18
`
`intensive competency exams and spends four years working under
`
`19
`
`the direct supervision of a professional engineer, at the end
`
`20
`
`of which you must supply numerous references from other
`
`21
`
`professional engineers. And then your state of board of
`
`22
`
`licensure will grant a license based on that and after a
`
`23
`
`background check. And then you must spend every year from then
`
`24
`
`on doing considerable hours in continuing education to maintain
`
`25
`
`your competency, I guess much like many other professions do.
`
`November 1, 2021 - Trial Day 4
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`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 15 of 232
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`McCreary - Direct
`
` 15
`
` 1
`
`Q
`
`And as a professional engineer, what are you allowed to
`
` 2
`
`do?
`
` 3
`
`A
`
`Well, only a licensed professional engineer can seal or
`
` 4
`
`stamp drawings, reports, and such for public or private
`
` 5
`
`entities.
`
` 6
`
`Q
`
`And what does it mean to stamp a report, as you described
`
` 7
`
`it?
`
` 8
`
`A
`
`Well, once you get a license, you also get a license
`
` 9
`
`number, and you have a stamp that has your name on it, your
`
`10
`
`license number, and it's essentially for public safety and
`
`11
`
`integrity of one's opinions.
`
`12
`
`Q
`
`And once you stamp something, what comes -- what
`
`13
`
`responsibilities come along with providing your stamp?
`
`14
`
`A
`
`Well, for example, in the case of, let's say, a structural
`
`15
`
`engineer seals the drawings for the structural -- the
`
`16
`
`structural drawings for a building, if that building collapses,
`
`17
`
`that engineer has assumed unlimited liability for damage to the
`
`18
`
`building and any loss of life.
`
`19
`
`Q
`
`So if something goes wrong in the building, it's the
`
`20
`
`professional engineer that takes the fall, is that what you're
`
`21
`
`saying?
`
`22
`
`23
`
`24
`
`A
`
`Q
`
`A
`
`That's the first one, yeah.
`
`So after your grad school work, what did you do?
`
`Well, after my last exam in grad school, I got married the
`
`25
`
`following Saturday, I took a one-week honeymoon, and I started
`
`November 1, 2021 - Trial Day 4
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`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 16 of 232
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`McCreary - Direct
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` 16
`
` 1
`
`work at General Dynamics a week later.
`
` 2
`
`Q
`
`And what were some of the things you worked on while at
`
` 3
`
`General Dynamics?
`
` 4
`
`A
`
`I was a senior engineer in what was called the advanced
`
` 5
`
`methods group, and we were essentially in-house consultants for
`
` 6
`
`the rest of the company, and we developed numerous finite
`
` 7
`
`element tools and CFD tools that would be used strictly in
`
` 8
`
`house.
`
` 9
`
`What you see are four aircraft platforms. On the far
`
`10
`
`left is the F-16 platform, and it was a rather mature program
`
`11
`
`when I joined the company, but the Air Force was very
`
`12
`
`interested in reducing manufacturing costs. And so take, for
`
`13
`
`example, a cockpit floor stiffener. It may be composed of many
`
`14
`
`pieces of aluminum sheet metal all riveted together, and so the
`
`15
`
`Air Force wanted to reduce that to, say, one piece. So we used
`
`16
`
`something that's called the superplastic forming method to take
`
`17
`
`sheets of aluminum, heat it up at an elevated temperature, and
`
`18
`
`blow mold it, much as one would blow mold a bottle of
`
`19
`
`Coca-Cola, except you had to keep it at an elevated temperature
`
`20
`
`and you had to keep the strain rate under tight control;
`
`21
`
`otherwise, the material wouldn't reach its specific thickness,
`
`22
`
`and it would tear. So you had to do numerous thermal analyses
`
`23
`
`to, you know, maintain that temperature.
`
`24
`
`25
`
`Q
`
`A
`
`Was the F-16 the only project you worked on?
`
`No, there's -- the two current projects that were under
`
`November 1, 2021 - Trial Day 4
`
`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 17 of 232
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`McCreary - Direct
`
` 17
`
` 1
`
`development at the -- or three current projects that were there
`
` 2
`
`at the time were the F-22, the A-12, and the National Aerospace
`
` 3
`
`Plane. For the F-22 and the A-12 project, we were called in to
`
` 4
`
`do thermal analyses to ensure that those radar-absorbing
`
` 5
`
`structures and radar-absorbing materials near the hot engine
`
` 6
`
`would not get too hot. Otherwise, they no longer become so
`
` 7
`
`radar absorbing. I can't say too much about that because I
`
` 8
`
`believe a lot of the technology is still classified.
`
` 9
`
`But for the National Aerospace Plane, it was designed
`
`10
`
`to take off from a runway and also land on a runway, but it was
`
`11
`
`a hypersonic vehicle, meaning that it traveled extremely fast
`
`12
`
`through the atmosphere, and, consequently, it had significant
`
`13
`
`amount of aerodynamic heating that would -- much like when the
`
`14
`
`space shuttle would reenter the atmosphere, it would glow red
`
`15
`
`hot. So our job -- well, every job there involved thermal
`
`16
`
`analysis to ensure that that intense heat from the aerodynamic
`
`17
`
`heating didn't damage the underlying -- so it was important
`
`18
`
`that the aerodynamic heating did not damage of the structure
`
`19
`
`that was underneath it, in other words, to keep the vehicle in
`
`20
`
`the air.
`
`21
`
`Q
`
`And after your work at General Dynamics, what did you do
`
`22
`
`next?
`
`23
`
`A
`
`I was a senior engineer for a company called PDA
`
`24
`
`Engineering, and PDA Engineering is both an engineering and a
`
`25
`
`software company, and what we did was help out or consult with
`
`November 1, 2021 - Trial Day 4
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`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 18 of 232
`
`McCreary - Direct
`
` 18
`
` 1
`
`our clients on the kinds of problems that they had.
`
` 2
`
`Q
`
`And who were some of the customers that you worked for at
`
` 3
`
`PDA Engineering?
`
` 4
`
`A
`
`Pretty much all the national labs, large -- any large
`
` 5
`
`company or any company really that had a lot of engineering R&D
`
` 6
`
`work. One particular interesting project that I found was the
`
` 7
`
`Superconducting Super Collider which was to be a particle
`
` 8
`
`accelerator, much like what exists in Europe now in the CERN
`
` 9
`
`particle accelerator. What it entailed was 87 kilometers of
`
`10
`
`beam tubes. Beam tubes are where the particles would be shot
`
`11
`
`down, and those beam tubes had to be kept at 4 degrees Kelvin
`
`12
`
`which is minus 452 degrees Fahrenheit, just about as cold as
`
`13
`
`you can get something. And so my job was to help them design
`
`14
`
`radiation shields and insulation that would keep those beam
`
`15
`
`tubes at that temperature.
`
`16
`
`17
`
`Q
`
`A
`
`And are you still at PDA Engineering today?
`
`No. In 1994, I started my own consulting engineering
`
`18
`
`business, CRM Engineering Services.
`
`19
`
`20
`
`21
`
`Q
`
`A
`
`Q
`
`And what does CRM Engineering Services stand for?
`
`Unimaginatively, Charles Robert McCreary.
`
`And what are some of the jobs you've worked on while being
`
`22
`
`a consultant?
`
`23
`
`A
`
`My wife tells me that when people ask me what I do to
`
`24
`
`stick with Frito Lay stories and stop with those because,
`
`25
`
`otherwise, people get extremely bored, but everybody knows what
`
`November 1, 2021 - Trial Day 4
`
`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 19 of 232
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`McCreary - Direct
`
` 19
`
` 1
`
`Cheetos and Funyuns and stacks of chips are and such, and Lay's
`
` 2
`
`potato chips.
`
` 3
`
`And one of the things I was doing for Frito Lay is
`
` 4
`
`they have these massive potato chip fryers, 4 feet white, 40,
`
` 5
`
`50 feet long, and they don't have just oil in them; they have
`
` 6
`
`an oil management system. So the oil is at a very high
`
` 7
`
`temperature, around 400 degrees. And depending on where you
`
` 8
`
`put the bottom pan on that fryer -- the technical term Frito
`
` 9
`
`Lay used is it "banana'd." In other words, if the pan was too
`
`10
`
`high, the top would be too hot, and it would have a hump in the
`
`11
`
`middle. If, on the other hand, the pan was too low, it would
`
`12
`
`have a sag in the middle, and that greatly affected how many of
`
`13
`
`those brown chips you get in your bags as opposed to the
`
`14
`
`regular ones. And so the thermal analyses involved calculating
`
`15
`
`the fluid flow all around that -- the steam that's inside the
`
`16
`
`hood over the fryer and the thermal deformation associated with
`
`17
`
`that.
`
`18
`
`In addition to jobs at Frito Lay, I did a number of
`
`19
`
`work for a number of clients regarding the design of and
`
`20
`
`analysis of LED luminaires, and, in particular, companies
`
`21
`
`called Lunera and QuarkStar.
`
`22
`
`Q
`
`And do you have any examples you would like to show the
`
`23
`
`jury of some of the work that you've done while at CRM?
`
`24
`
`A
`
`Sure. What we see here is an image of the Navy's Triton
`
`25
`
`drone. That is a drone that takes off and lands on an aircraft
`
`November 1, 2021 - Trial Day 4
`
`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 20 of 232
`
`McCreary - Direct
`
` 20
`
` 1
`
`carrier. And on the right is the exhaust duct from the jet
`
` 2
`
`engine. Arrowhead Products contracted me to do the CFD and the
`
` 3
`
`thermal analysis to determine what the temperatures throughout
`
` 4
`
`that exhaust duct would be so that we could design the mounts
`
` 5
`
`and such and expansion joints so that it wouldn't be
`
` 6
`
`overstressed due to the difference in temperature and thermal
`
` 7
`
`stress.
`
` 8
`
`Q
`
`I believe you mentioned a company called Lunera Lighting,
`
` 9
`
`right?
`
`10
`
`11
`
`A
`
`Q
`
`That's correct, yes.
`
`And do you have an example of some work you did for
`
`12
`
`Lunera?
`
`13
`
`A
`
`Yes. In this particular instance, on the left is a
`
`14
`
`drawing showing a cross section of what's called a two-by-two
`
`15
`
`fixture. It would be in a suspended ceiling in between the
`
`16
`
`replacing one of those tiles. And in this view you can see the
`
`17
`
`LEDs head on; and in the cross section on the left, you see an
`
`18
`
`LED that's attached to a PCB that's attached to both the frame
`
`19
`
`and the heat sink.
`
`20
`
`And so my job was to make sure that the frame and the
`
`21
`
`heat sink was sufficient to keep the LED -- what's called the
`
`22
`
`junction temperature within the design limits. And the image
`
`23
`
`on the right shows a thermal finite element analysis of that.
`
`24
`
`It doesn't show the LED on there. It shows the PCB. And so it
`
`25
`
`starts out relatively hot and then conducts heat through the
`
`November 1, 2021 - Trial Day 4
`
`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 21 of 232
`
`McCreary - Direct
`
` 21
`
` 1
`
`PCB into the aluminum frame which cools it via convection on
`
` 2
`
`those fins.
`
` 3
`
`Q
`
`And why might one be interested in making sure the
`
` 4
`
`junction temperature in an LED is within specification?
`
` 5
`
`A
`
`Well, my understanding is that the -- if the junction
`
` 6
`
`temperature gets excessively hot, the amount of light produced
`
` 7
`
`and the color of that light -- the color shifts and the amount
`
` 8
`
`of light changes, reduces.
`
` 9
`
`Q
`
`I believe you also mentioned a company QuarkStar, is that
`
`10
`
`correct?
`
`11
`
`12
`
`13
`
`A
`
`Q
`
`A
`
`Yes, that's correct.
`
`And what is QuarkStar?
`
`QuarkStar is a company that designs LED luminaires and
`
`14
`
`patents a lot of technology associated with it.
`
`15
`
`Q
`
`And do you have any examples of some of the work you did
`
`16
`
`for QuarkStar?
`
`17
`
`18
`
`19
`
`A
`
`Q
`
`A
`
`Yes, I do.
`
`And do you mind explaining that to the jury, please?
`
`Well, this was an interesting design in that the optical
`
`20
`
`element that you can see in the lower part of the image on the
`
`21
`
`left could be raised or lowered. There was a number of thermal
`
`22
`
`challenges associated with it. On the far right side, you
`
`23
`
`see -- on top of that optical element, you see a heat sink and
`
`24
`
`those numerous fins on that heat sink, but it also sits inside
`
`25
`
`a housing. And so with those heat sinks in the housing, you
`
`November 1, 2021 - Trial Day 4
`
`

`

`Case 1:17-cv-00687-WO-JLW Document 377 Filed 08/09/22 Page 22 of 232
`
`McCreary - Direct
`
` 22
`
` 1
`
`also have to account for -- in this case we were able to vent
`
` 2
`
`it through the top. So you had to calculate are -- do we have
`
` 3
`
`the correct size and spacing of those fins on that heat sink,
`
` 4
`
`and do we have enough ventilation in the housing?
`
` 5
`
` 6
`
`Q
`
`A
`
`And did you do any thermal analysis of these designs?
`
`Yes, I did. I did a couple thermal and flow analysis.
`
` 7
`
`And by doing so -- it's kind of hard to tell what this is, but
`
` 8
`
`this is alongside one of those fins from that heat sink we saw
`
` 9
`
`in the previous image, and it shows the cooler air coming in
`
`10
`
`from below, and as it goes from -- as it con