(cid:1)
`
`(cid:1)
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`
`Valeo, Inc.; Valeo S.A.; Valeo GmbH; Valeo Schalter und Sensor GmbH;
`Connaught Electronics Ltd.
`Petitioners,
`
`v.
`
`Magna Electronics Inc.
`Patent Owner
`
`Patent No. 7,877,175
`Issued: January 25 2011
`Filed: April 21, 2010
`Inventor: Michael J. Higgins-Luthman
`Title: IMAGING SYSTEM FOR VEHICLE
`
`_____________________
`
`Inter Partes Review No. __________
`
`
`
`Declaration of Dr.-Ing. Jan-Michael Frahm Regarding
`
`U.S. Patent No. 7,877,175
`
`
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`
`
`Petitioner Valeo – Ex.1010
`
`

`
`1, D;-_..1ng_ _Ian.Mjc11ael
`
`I-‘1-ahm, do hereby declare and state,
`
`that all
`
`statements made herein of my own knowledge are true and that all statements
`
`made on information and belief are believed to be true; and further that these
`
`statements were made with the knowledge that willful false statements and the like
`
`so made are punishable by f'me or imprisonment, or both, under Section 1001 of
`
`Title 13 of the United States Code.
`
`Dated: December 3, 21313
`
`C '.
`
`. fin fii.
`
`Declaration offlr.-lng. JaJ1—Miehae1 Frahrn
`Regarding US. Patent No. ?_.El'.r".r', ['15
`
`ii
`
`Petitioner Valeo — Ex. ifllfl
`
`

`
`(cid:1)
`
`(cid:1)
`
`TABLE OF CONTENTS
`
`I.(cid:1)
`
`II.(cid:1)
`
`INTRODUCTION .......................................................................................... 1(cid:1)
`A.(cid:1)
`Engagement .......................................................................................... 1(cid:1)
`A.(cid:1)
`Background And Qualifications .......................................................... 1(cid:1)
`B.(cid:1)
`Compensation And Prior Testimony ................................................... 6(cid:1)
`C.(cid:1)
`Information Considered ....................................................................... 6(cid:1)
`LEGAL STANDARDS FOR PATENTABILITY ........................................ 7(cid:1)
`A.(cid:1) Anticipation .......................................................................................... 9(cid:1)
`B.(cid:1)
`Obviousness ......................................................................................... 9(cid:1)
`C.(cid:1)
`The Person Of Ordinary Skill In The Art ..........................................15(cid:1)
`D.(cid:1)
`The State of the Art – Description of Background Technology ........17(cid:1)
`III.(cid:1) THE ’175 PATENT .....................................................................................26(cid:1)
`A.(cid:1)
`Technical Overview Of The ’175 Patent ...........................................26(cid:1)
`B.(cid:1)
`Claim Construction ............................................................................27(cid:1)
`C.(cid:1)
`Patentability Analysis of the ’175 Patent ...........................................29(cid:1)
`1.(cid:1)
`Discussion of Relevant Patents and Publications ....................30(cid:1)
`a.(cid:1)
`Nissan Patent .................................................................30(cid:1)
`b.(cid:1)
`Hitachi Patent ................................................................33(cid:1)
`c.(cid:1)
`Gentex Patent ................................................................36(cid:1)
`d.(cid:1)
`Stam Patent ....................................................................38(cid:1)
`e.(cid:1)
`Gutta Patent ...................................................................41(cid:1)
`f.(cid:1)
`Broggi ............................................................................45(cid:1)
`g.(cid:1)
`Sun .................................................................................46(cid:1)
`2.(cid:1) Motivations to Combine ..........................................................47(cid:1)
`a.(cid:1)
`Obvious to combine Nissan and Stam ..........................48(cid:1)
`b.(cid:1)
`Image Processing is obvious in view of Nissan ............51(cid:1)
`c.(cid:1)
`Obvious to combine Nissan and Gutta ..........................53(cid:1)
`d.(cid:1)
`Obvious to combine Hitachi and Broggi .......................56(cid:1)
`e.(cid:1)
`Obvious to combine Hitachi and Sun ...........................58(cid:1)
`IV.(cid:1) CONCLUSION ............................................................................................60(cid:1)
`
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`iii
`
`Petitioner Valeo – Ex. 1010
`
`

`
`TABLE OF APPENDICES
`
`(cid:1)
`
`Appendix A:
`
`List of Materials Considered
`
`Appendix B:
`
`Curriculum Vitae
`
`(cid:1)
`
`
`
`
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`iv
`
`Petitioner Valeo – Ex. 1010
`
`

`
`I.
`
`INTRODUCTION(cid:1)
`
`A. ENGAGEMENT
`
`1.
`
`I have been retained by counsel for Valeo, Inc., Valeo S.A., Valeo
`
`GmbH, Valeo Schalter und Sensor GmbH and Connaught Electronics Ltd., as an
`
`expert witness in the above-captioned proceeding. I have been asked to render an
`
`opinion regarding the validity of claims 1-12, 15-19, and 21 of U.S. Patent No.
`
`7,877,175 (“the ’175 patent”), which is submitted herewith as Petition Exhibit
`
`10011. The following is my written report on that topic.
`
`A. BACKGROUND AND QUALIFICATIONS
`
`2.
`
`I am currently an Assistant Professor of Computer Science at the
`
`University of North Carolina at Chapel Hill in the Department of Computer
`
`Science. I am also the head of the 3D Computer Vision Group in the Department
`
`of Computer Science.
`
`3.
`
`Since the mid 1990s, I have studied and worked in the field of
`
`computer science and engineering. My experience includes research and teaching,
`
`with research interests in 3D camera vision technology, including issues arising out
`
`of camera motion, camera self-calibration, and multi-camera systems.
`
`(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1) (cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)(cid:1)
`(cid:1)In this declaration, citations to “Pet. Ex. [No.]” refer to exhibits to Valeo's Petition
`(cid:2)
`for Inter Partes Review of U.S. Patent No. 7,877,175. Citations to “Att. [A, B, C,
`etc.]” refer to documents attached to this declaration that are not cited as exhibits in
`Valeo’s Inter Partes Review Petition of U.S. Patent No. 7,877,175.(cid:1)
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`1
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`4.
`
`I earned my diploma, which is the equivalent of an American Masters
`
`degree, in Computer Science from the University of Lübeck in 1999 and my
`
`doctorate of engineering in Computer Science from the Christian-Albrechts-
`
`University of Kiel, in the Multi-Media Information Processing Group of the
`
`Institute of Computer Science in 2005. My dissertation thesis topic was “Camera
`
`Self-Calibration with Known Camera Orientation”. In addition, during my
`
`doctoral studies, I worked on a project for DaimlerChrysler to evaluate the use of
`
`monoscopic camera systems for driver assistance systems.
`
`5.
`
`After earning my PhD, I earned a post-doctoral research position at
`
`the University of North Carolina at Chapel Hill where I continued my studies in
`
`computer vision.
`
`6.
`
`In 2007, I became a research assistant professor at the University of
`
`North Carolina at Chapel Hill where I continued to research computer vision and,
`
`in particular 3D, computer vision. In 2011, I became an assistant professor at the
`
`University of North Carolina at Chapel Hill, where I teach, for example, computer
`
`vision and advanced topics in computer vision.
`
`7.
`
`In addition to my role as a professor, I also have held various titles
`
`and served various roles both in and outside the university. For example, in 2010,
`
`I became Editor-in-Chief of the Elsevier Journal of Image and Vision Computing
`
`and, in 2012, I became the Director of Computer Vision at the Renaissance
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`2
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`Computing Institute. In addition, in 2012, I became Scientific Advisor to URC
`
`Ventures, a company that aims to solve large-scale industry challenges through
`
`real-time digitization of the physical world.
`
`8.
`
`Over the years I have received awards and recognition in my field,
`
`including the prize for the Best PhD Dissertation in the School of Engineering at
`
`the Christian-Albrechts-University in 2006 and the Best Demo Award at the IEEE
`
`Computer Society Conference on Computer Vision and Pattern Recognition in
`
`2007. Over the past five years, I also have received recognition by having
`
`obtained several million dollars in research funding for various projects from the
`
`United States government and industry sources.
`
`9.
`
`I am the author or co-author of over 90 publications and book chapters
`
`in the field of computer vision, including over 80 articles in peer-reviewed
`
`conference proceedings and standards documents. Many of these publications
`
`describe computer vision systems, some of which are directed specifically to
`
`camera calibration, feature extraction, feature tracking and feature based
`
`recognition. The following list includes a selected sample of publications that I
`
`have authored or co-authored.
`
`a.
`
`Seon Joo Kim, David Gallup, Jan-Michael Frahm, Marc Pollefeys,
`“Joint Radiometric Calibration and Feature Tracking System with an
`Application
`to Stereo”, Journal Computer Vision and Image
`Understanding, 2010.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`3
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`i.
`
`S. Sinha, J.-M. Frahm, M. Pollefeys, Y. Genc, “Feature Tracking and
`Matching in Video Using Programmable Graphics Hardware”, Journal
`of Machine Vision and Application, 2009.
`
`J. Heinly, E. Dunn, and J. M. Frahm, “Comparative Evaluation of
`Binary Features”, European Conference on Computer Vision (ECCV),
`2012.
`
`Y. Xu, G. Reynaga, S. Chiasson, J.-M. Frahm, F. Monrose, and P. van
`Oorschot, “Security and Usability Challenges of Moving-Object
`CAPTCHAs: Decoding Codewords in Motion”, Usenix Security,
`2012.
`
`Rahul Raguram, Andrew White, Dibyendusekhar Goswami, Fabian
`Monrose and Jan-Michael Frahm, “iSpy: Automatic Reconstruction of
`Typed Input from Compromising Reflections”, ACM Conference on
`Computer and Communications Security
`(CCS), 2011
`(14%
`acceptance rate).
`
`Yi, Xu, Jared Heinly, Andrew White, Jan-Michael Frahm, and Fabian
`Monrose, “Seeing Double: Reconstructing Obscured Typed Input
`from Repeated Compromising Reflections”, ACM Conference on
`Computer and Communications Security (CCS) 2013.
`
`Ram Krishan Kumar, Adrian Ilie, Jan-Michael Frahm, Marc
`Pollefeys, “Simple calibration of non-overlapping cameras with a
`mirror”, IEEE conference Computer Vision and Pattern Recognition
`(CVPR 2008, oral acceptance rate 4%).
`
`Christopher Zach, David Gallup and Jan-Michael Frahm, “Fast Gain-
`Adaptive KLT Tracking on the GPU”, CV GPU’ 08 workshop in
`conjunction with IEEE Conference Computer Vision and Pattern
`Recognition 2008.
`
`Jan-Michael Frahm, Kevin Köser and Reinhard Koch, “Pose
`estimation for a Multi-Camera System”, DAGM (German Pattern
`Recognition Conference) 2004.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`4
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`j.
`
`k.
`
`Jan-Michael Frahm and Reinhard Koch, “Camera Calibration with
`known Rotation”, International Conference Computer Vision (ICCV
`2003, acceptance rate 20.6%).
`
`Daniel Grest, Jan-Michael Frahm, and Reinhard Koch, “A Color
`Similarity Measure for Robust Shadow Removal in Real Time”, 8th
`International Workshop on Vision, Modeling, and Visualization 2003.
`
`10.
`
`In addition to written works, I also have been invited to speak at
`
`several conferences
`
`industry
`
`research
`
`labs, such as, Daimler’s
`
`Image
`
`Understanding group. I have also served for many years as reviewer or in other
`
`roles on numerous program committees in the field including, for example, the
`
`IEEE International Conference on Computer Vision, the European Conference on
`
`Computer Vision, and the IEEE Conference on Computer Vision and Pattern
`
`Recognition.
`
`11.
`
`I also regularly review articles for the top computer vision journals
`
`including, for example, the International Journal of Computer Vision, IEEE
`
`Transactions on Pattern Analysis and Machine Intelligence.
`
`12. A copy of my curriculum vitae, which describes in further detail my
`
`qualifications, responsibilities, employment history, honors, awards, professional
`
`associations, invited presentations, and publications is attached as Appendix B to
`
`this declaration.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`5
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`B. COMPENSATION AND PRIOR TESTIMONY(cid:1)
`
`13.
`
`I am being compensated at a rate of $420 per hour for my study,
`
`declaration and testimony in this matter. I am also being reimbursed for
`
`reasonable and customary expenses associated with my work and testimony in this
`
`investigation. My compensation is not contingent on the outcome of this matter or
`
`the specifics of my testimony.
`
`14. During the previous four years I have testified in a jury trial as an
`
`expert once, in March 2013, in the United States District Court for the Southern
`
`District of New York in Tomita Technologies USA, LLC et al v. Nintendo Co., Ltd
`
`et al, Case No 1:11-cv-04256.
`
`C.
`
`INFORMATION CONSIDERED
`
`15. My opinions are based on my years of education, research and
`
`experience, as well as my investigation and study of relevant materials. In forming
`
`my opinions, I have considered the materials referred to herein or listed in
`
`Appendix A.
`
`16.
`
`I may rely upon these materials and/or additional materials to rebut
`
`arguments raised by the patentee. Further, I may also consider additional
`
`documents and information in forming any necessary opinions – including
`
`documents that may not yet have been provided to me.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`6
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`17. My analysis of the materials produced in this investigation is ongoing
`
`and I will continue to review any new material as it is provided. This declaration
`
`represents only those opinions I have formed to date. I reserve the right to revise,
`
`supplement, and/or amend my opinions stated herein based on new information
`
`and on my continuing analysis of the materials already provided.
`
`II. LEGAL STANDARDS FOR PATENTABILITY
`
`18.
`
`In expressing my opinions and considering the subject matter of the
`
`claims of the ’175 patent, I am relying upon certain basic legal principles that
`
`counsel has explained to me.
`
`19. First, I understand that for an invention claimed in a patent to be
`
`found patentable, it must be, among other things, new and not obvious in light of
`
`what came before it. That which came before is generally referred to as “prior art.”
`
`20.
`
`I understand that in this context the burden is on the party asserting
`
`unpatentability to prove it by a preponderance of the evidence. I understand that “a
`
`preponderance of the evidence” is evidence sufficient to show that a fact is more
`
`likely than not.
`
`21.
`
`I understand that in this proceeding, the claims must be given their
`
`broadest reasonable interpretation consistent with the specification. The claims
`
`after being construed in this manner are then to be compared to the information in
`
`the prior art.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`7
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`22.
`
`I understand that in this proceeding, the information that may be
`
`evaluated is limited to patents and printed publications. My analysis below
`
`compares the claims to patents and printed publications that are prior art to the
`
`claims. I understand that there are two ways in which prior art may render a patent
`
`claim unpatentable. First, the prior art can be shown to “anticipate” the claim.
`
`Second, the prior art can be shown to “render obvious” the claim. My
`
`understanding of the two legal standards is set forth below.
`
`23.
`
`I understand that the ’175 patent was granted from an application
`
`(12/764,355) that was filed on April 21, 2010. I also understand that the ’175
`
`patent claims benefit to a series of Continuation applications, the earliest of which,
`
`patent application no. 11/315,675 (now US Patent No. 7,720,580) was filed on
`
`December 22, 2005. In addition, provisional application no. 60/638,687 was filed
`
`on December 23, 2004, before US Patent No. 7,720,580, to which the’175 patent is
`
`entitled to priority under 35 U.S.C. § 119(e). Accordingly, I have used
`
`December 23, 2004, as the “date the invention was made” in my analysis. I am
`
`using this date for analysis based on the assumption that there is a proper claim to
`
`priority within the chain of continuation application to which the ’175 patent claim
`
`benefit; however, if this assumption is incorrect, then my analysis may change.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`8
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`A. ANTICIPATION
`
`24.
`
`I understand that the following standards govern the determination of
`
`whether a patent claim is “anticipated” by the prior art. I have applied these
`
`standards in my evaluation of whether the claims asserted in this investigation are
`
`anticipated.
`
`25.
`
`I understand that, for a patent claim to be “anticipated” by the prior
`
`art, each and every requirement of the claim must be found, expressly or
`
`inherently, in a single prior art reference as recited in the claim. I understand that
`
`claim limitations that are not expressly found in a prior art reference are inherent if
`
`the prior art necessarily functions in accordance with, or includes, the claim
`
`limitations.
`
`26.
`
`I understand that it is acceptable to examine evidence outside the prior
`
`art reference (extrinsic evidence) in determining whether a feature, while not
`
`expressly discussed in the reference, is necessarily present within that reference.
`
`B. OBVIOUSNESS
`
`27.
`
`I understand that a claimed invention is not patentable if it would have
`
`been obvious to a person of ordinary skill in the field of the invention at the time
`
`the invention was made.
`
`28.
`
`I understand that the obviousness standard is defined in the patent
`
`statute (35 U.S.C. § 103(a)) as follows:
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`9
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`A patent may not be obtained though the invention is not
`
`identically disclosed or described as set forth in section 102
`
`of this title, if the differences between the subject matter
`
`sought to be patented and the prior art are such that the
`
`subject matter as a whole would have been obvious at the
`
`time the invention was made to a person having ordinary
`
`skill in the art to which said subject matter pertains.
`
`Patentability shall not be negated by the manner in which the
`
`invention was made
`
`29.
`
`I understand that the following standards govern the determination of
`
`whether a claim in a patent is obvious. I have applied these standards in my
`
`evaluation of whether the claims of the ’175 patent would have been considered
`
`obvious at the time of the invention.
`
`30.
`
`I understand that a claim in a patent is obvious when the differences
`
`between the subject matter sought to be patented and the prior art are such that the
`
`subject matter as a whole would have been obvious at the time the invention was
`
`made to a person having ordinary skill in the art to which the subject matter
`
`pertains.
`
`31.
`
`I understand that a suggestion to combine references may be found
`
`expressly in the prior art references themselves, or it may come from knowledge
`
`by those skilled in the art that certain prior art references, or disclosures in those
`
`references, are known to be of special interest or importance in the particular field.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`10
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`I further understand that the suggestion may also come from the nature of the
`
`problem to be solved, leading inventors to look to references relating to possible
`
`solutions to that problem. Therefore, when determining the patentability of a
`
`claimed invention that combines two known elements, I understand the question is
`
`whether there is something in the prior art as a whole to suggest the desirability,
`
`and thus the obviousness, of making such a combination.
`
`32.
`
`I understand that elements missing from a prior art document may be
`
`supplied by the knowledge of a person of ordinary skill in the relevant art at the
`
`relevant time.
`
`33.
`
`I understand that obviousness may be shown by considering more
`
`than one item of prior art. I also understand that the relevant inquiry into
`
`obviousness requires consideration of four factors (although not necessarily in the
`
`following order):
`
`• The scope and content of the prior art;
`
`• The differences between the prior art and the claims at issue;
`
`• The knowledge of a person of ordinary skill in the pertinent art;
`and
`
`• Whatever objective factors
`indicating obviousness or non-
`obviousness may be present in any particular case.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`11
`
`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
`
`(cid:1)
`
`34.
`
`In addition, I understand that the obviousness inquiry should not be
`
`done in hindsight, but should be done through the eyes of a person of ordinary skill
`
`in the relevant art at the time the subject patent was filed (i.e., December 23, 2004).
`
`35.
`
`I understand the objective factors indicating obviousness or non-
`
`obviousness may include: commercial success of products covered by the patent
`
`claims; a long-felt need for the invention; failed attempts by others to make the
`
`invention; copying of the invention by others in the field; unexpected results
`
`achieved by the invention; praise of the invention by the infringer or others in the
`
`field; the taking of licenses under the patent by others; expressions of surprise by
`
`experts and those skilled in the art at the making of the invention; and the patentee
`
`proceeded contrary to the accepted wisdom of the prior art.
`
`36.
`
`I understand that the combination of familiar elements according to
`
`known methods is likely to be obvious when it does no more than yield predictable
`
`results. I understand that when a work is available in one field of endeavor, design
`
`incentives and other market forces can prompt variations of that work, either in the
`
`same field or a different one. If a person of ordinary skill can implement a
`
`predictable variation, that variation would have been considered obvious. I
`
`understand that for similar reasons, if a technique has been used to improve one
`
`device, and a person of ordinary skill in the art would recognize that it would
`
`improve similar devices in the same way, using that technique to improve the other
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
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`12
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`Petitioner Valeo – Ex. 1010
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`

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`(cid:1)
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`(cid:1)
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`device would have been obvious unless its actual application yields unexpected
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`results or challenges in implementation.
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`37.
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`I understand that the obviousness analysis need not seek out precise
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`teachings directed to the specific subject matter of the challenged claim, but
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`instead can take account of the “ordinary innovation” that does no more than yield
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`predictable results, which are inferences and creative steps that a person of
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`ordinary skill in the art would employ.
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`38.
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`I understand that sometimes it will be necessary to look to interrelated
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`teachings of multiple patents; the effects of demands known to the design
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`community or present in the marketplace; and the background knowledge
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`possessed by a person having ordinary skill in the art. I understand that all these
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`issues may be considered to determine whether there was an apparent reason to
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`combine the known elements in the fashion claimed by the patent at issue.
`
`39.
`
` I understand that the obviousness analysis cannot be confined by a
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`formalistic conception of the words “teaching, suggestion, and motivation.” I
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`understand that in 2007, the Supreme Court issued its decision in KSR Int’l Co. v.
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`Teleflex, Inc., where the Court rejected the previous requirement of a “teaching,
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`suggestion, or motivation to combine” known elements of prior art for purposes of
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`an obviousness analysis as a precondition for finding obviousness. It is my
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`understanding that KSR confirms that any motivation that would have been known
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`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
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`13
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`Petitioner Valeo – Ex. 1010
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`

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`(cid:1)
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`(cid:1)
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`to a person of skill in the art, including common sense, or derived from the nature
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`of the problem to be solved, is sufficient to explain why references would have
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`been combined.
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`40. A person of ordinary skill attempting to solve a problem will not be
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`led only to those elements of prior art designed to solve the same problem. I
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`understand that under the KSR standard, common sense is important and should be
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`considered. Common sense teaches that familiar items may have obvious uses
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`beyond the particular application being described in a reference, that if something
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`can be done once it is obvious to do it multiple times, and in many cases a person
`
`of ordinary skill will be able to fit the teachings of multiple patents together like
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`pieces of a puzzle. As such, the prior art considered can be directed to any need or
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`problem known in the field of endeavor at the time of the invention and can
`
`provide a reason for combining the elements of the prior art in the manner claimed.
`
`In other words, the prior art does not need to be directed towards solving the same
`
`problem that is addressed in the patent. Further, the individual prior art references
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`themselves need not all be directed towards solving the same problem.
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`41.
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`I understand that a person of ordinary skill is also a person of ordinary
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`creativity.
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`42.
`
`I further understand that in many fields, it may be that there is little
`
`discussion of obvious techniques or combination, and it often may be the case that
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`14
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`Petitioner Valeo – Ex. 1010
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`

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`(cid:1)
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`(cid:1)
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`market demand, rather than scientific literature or knowledge, will drive design
`
`trends. When there is such a design need or market pressure to solve a problem
`
`and there are a finite number of identified, predictable solutions, a person of
`
`ordinary skill has good reason to pursue the known options within their technical
`
`grasp. If this leads to the anticipated success, it is likely the product not of
`
`innovation but of ordinary skill and common sense. In that instance, the fact that a
`
`combination was obvious to try might show that it was obvious. The fact that a
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`particular combination of prior art elements was “obvious to try” may indicate that
`
`the combination was obvious even if no one attempted the combination. If the
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`combination was obvious to try (regardless of whether it was actually tried) or
`
`leads to anticipated success, then it is likely the result of ordinary skill and
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`common sense rather than innovation.
`
`C. THE PERSON OF ORDINARY SKILL IN THE ART
`
`43.
`
`I have been informed that “a person of ordinary skill in the relevant
`
`art” is a hypothetical person considered to have the normal skills and knowledge in
`
`a particular technical field, without being a genius. See e.g., Environmental
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`Designs, Ltd. v. Union Oil Co., 713 F.2d 693, 218 USPQ 865 (Fed. Cir. 1983).
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`This person is one to whom an expert in the relevant field could assign a routine
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`task with reasonable confidence that the task would be successfully carried out. I
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
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`15
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`Petitioner Valeo – Ex. 1010
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`

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`(cid:1)
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`(cid:1)
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`have been informed that the level of skill in the relevant art is evidenced by the
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`prior art references.
`
`44.
`
`I believe, and the prior art discussed herein demonstrates, that a
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`person of ordinary skill in the art in the field of the ’175 patent would be someone
`
`who was familiar with basic automotive and/or computer vision systems
`
`documented in the vision systems literature prior to December 2004. That
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`literature would have included books and/or publications that had been written on
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`tracking and classifying objects, blind spot monitoring on vehicles, object
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`detection using one or more cameras, computer vision, calibration of cameras as
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`used in automotive vision systems, as well as academic papers published at
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`conferences such as the IEEE Intelligent Vehicles Symposium, Proceedings of the
`
`6th European Conference on Computer Vision, the IEEE International conference
`
`on Computer Vision, and the IEEE conference on Computer Vision and Pattern
`
`Recognition; and in such publications as the Image and Vision Computing Journal.
`
`45. The person of ordinary skill in the art may have been a graduate
`
`student in mathematics, engineering, or computer science, and may have had a
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`graduate degree in one of these disciplines.
`
`46. A person of ordinary skill in the art may have been a graduate student
`
`or worked in industry, in the field of computer vision and/or driver assistance
`
`systems.
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`16
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`Petitioner Valeo – Ex. 1010
`
`

`
`(cid:1)
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`(cid:1)
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`47. The person of ordinary skill in the art may have worked in academia
`
`(either as a professor or a graduate student), for a company, or for a government.
`
`48. Based on my education and experience, I have an understanding of the
`
`capabilities of a person of ordinary skill in the relevant field. I have supervised
`
`and directed many such persons over the course of my career. Further, I had those
`
`capabilities myself at the time the ’175 patent was filed.
`
`D. THE STATE OF THE ART – DESCRIPTION OF
`BACKGROUND TECHNOLOGY(cid:1)
`
`49. The ’175 patent is directed to “An imaging system for a vehicle
`
`includes an imaging array sensor and a control”, where the control includes
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`functionality
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`to detect and correct misalignment of
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`the
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`imaging array.
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`Pet. Ex.1001 at Abstract.
`
`50. The ’175 patent is directed toward camera based driver assistant
`
`systems, which have been known long before 2004. Given that human drivers
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`mostly navigate cars using their visual perception to avoid collisions and follow
`
`the roads. It has long been recognized that for autonomously driving vehicles the
`
`use of camera systems to capture the surrounding environment is a natural choice
`
`besides a variety of other reasons. Camera-based autonomous vehicle driving was
`
`known for decades prior to December 2004. The data captured by the cameras was
`
`used to extract the relevant information about the surrounding environment for
`
`Declaration of Dr.-Ing. Jan-Michael Frahm
`Regarding U.S. Patent No. 7,877,175
`
`17
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`Petitioner Valeo – Ex. 1010
`
`

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`(cid:1)
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`(cid:1)
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`example roads, other vehicles, etc. Commercially available systems transitioned
`
`several autonomous driving technologies into driver assistance systems.
`
`51. An early system by Tsugawa et al. was presented in 1979 (see Att. A),
`
`leveraging a stereo camera system. An artificial intelligence algorithm was then
`
`used to extract the information needed to control the autonomously driving car.
`
`Tsugawa et al.’s vehicle was able to drive autonomously in a constrain
`
`environment.
`
`52.
`
`In 1986
`
`the
`
`research group of Dickmanns and colleagues
`
`demonstrated successful driving on the German Autobahn leveraging cameras as
`
`part of their system. See Att. B and Att. C. By the late 1990s, the focus of driver
`
`assistance systems had broadened to also include more crowded traffic scenarios as
`
`for example inner city driving See e.g. A