UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EURO-PRO OPERATING LLC
`Petitioner
`
`v.
`
`ACORNE ENTERPRISES, LLC
`Patent Owner
`
`Inter Partes Review No. Unassigned
`
`DECLARATION OF ROBERT SHERWOOD IN SUPPORT OF EURO-PRO
`OPERATING LLC’S PETITIONS FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,515,262 AND U.S. PATENT NO. 6,624,392
`
`Euro-Pro Exhibit 1019
`Euro-Pro v. Acorne
`Page 1 of 20
`IPR2014-00186
`Page 1 of 20
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`EURO-PRO OPERATING LLC
`Petitioner
`
`v.
`
`ACORNE ENTERPRISES, LLC
`Patent Owner
`
`Inter Partes Review No. Unassigned
`
`DECLARATION OF ROBERT SHERWOOD IN SUPPORT OF EURO-PRO
`OPERATING LLC’S PETITIONS FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,515,262 AND U.S. PATENT NO. 6,624,392
`
`Euro-Pro Exhibit 1019
`Euro-Pro v. Acorne
`Page 1 of 20
`IPR2014-00186
`Page 1 of 20
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`- 1 -
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`I, Robert A. Sherwood, hereby declare as follows:
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`1.
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`I am a citizen of the United States and am over 18 years of age. I
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`have personal knowledge of the matters stated in this declaration.
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`2.
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`I have been asked by Petitioner Euro-Pro Operating LLC (“Euro-
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`Pro”) to submit this declaration in support of its petition for inter partes review of
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`claims 1, 13, and 14 of U.S. Patent No. 6,515,262 (“the ’262 patent”) and claims 1
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`and 12 of U.S. Patent No. 6,624,392 (“the ’392 patent”).
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`A.
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`3.
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`Education and Professional Experience
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`I received my Master’s in Electrical Engineering from State
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`University of New York at Buffalo in 1969. Prior to that, I received my Bachelor’s
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`in Electrical Engineering from Carnegie Mellon University in 1961.
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`4.
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`I have 50 years of experience designing electronic products, including
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`experience in circuit design (e.g., system, analog, digital, and RF), software
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`development, and microprocessor programming. I have approximately 21 years of
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`experience in the small appliance design industry, including experience in
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`designing kitchen appliances, such as slow cookers.
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`5.
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`I am currently the President of Sherwood Engineering Design
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`Services, Inc. ("SEDS"). I am responsible for the design through prototype build
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`of a variety of electronic devices, including a device that uses sound waves to
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`measure liquid level in large storage tanks, a device for detecting radio frequency
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`energy leaking from a cable TV system, spark modules for igniting flames in a gas
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`stove, and various factory floor test equipment. In the past at SEDS, I have
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`designed electronics for small appliances including fans, heaters, air filters,
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`humidifiers, curling irons, heating pads, and slow cookers.
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`6.
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`Prior to SEDS, from 1983 to 1987, I was employed by M/A-Com as
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`Design Engineering Manager, and I designed cable TV converters. From 1972 to
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`1983, I was employed by GTE as a Design Manager, and I designed Cable TV
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`outdoor amplifiers and converters. From 1962 to 1972, I was employed by GTE
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`designing radio equipment for military customers, progressing from a Junior
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`Engineer to Program Manager.
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`7.
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`Over the course of my career, I have reviewed, studied, and
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`developed thousands of engineering drawings and technical specifications
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`relating to a wide variety of electronic devices. I have provided innovative
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`solutions for previous employers and for clients to numerous mechanical and
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`electrical problems throughout my career. As a result, I am a named inventor on
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`17 U.S. patents. My inventions relate to cooking appliances (e.g., “Cooking
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`Apparatus with Electronic Recipe Display”), general kitchen appliances (e.g.,
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`“Control Circuit for Kitchen Appliances”), household appliances (e.g., “Electronic
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`Control Circuit for Household Appliance Including Humidifiers”), control systems
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`(e.g., “Electronic Control Circuit”), heaters and heating elements (e.g., “Hair
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`Styling Appliance Heater and Control”), and temperature control (e.g., “Heating
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`Pad Controller with Variable Duty Cycle for Temperature Adjustment”), among
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`other things.
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`8.
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`I have significant experience specifically in the field of cooking
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`appliances, such as slow cookers. I designed electronic controls for slow
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`cookers for Holmes Products’ Rival brand, including writing microprocessor
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`programs and designing Application Specific Integrated Circuits (ASICs) that
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`can replace microprocessors to reduce cost. An ASIC performs the same or
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`similar function as a microprocessor but is a custom chip that performs only
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`the function for which it was designed. My cooker designs included:
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`a. A Rival Crockpot slow cooker with ASIC. The design began in
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`roughly December 1999 and was completed in April 2000 and
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`included a two-button control: OFF and COOK. Pressing the
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`COOK button progresses through various cook times, including
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`WARM, 4 hour, 6 hour, 8 hour, and 10 hour cook times. LEDs
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`indicate the setting. After the cook time elapses, the slow cooker
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`enters WARM mode in which the bottom of the well temperature
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`is sensed by a thermistor and power to the heater is turned on or off
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`by a triac to maintain the temperature in a safe range to keep food
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`warm;
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`b. A Rival One-touch Crockpot. The design was completed in
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`February 2003 and included one button steps through HI,
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`LOW, and WARM settings. Full power is supplied to the
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`heater in HI, and reduced power is supplied to the heater in
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`LOW. In WARM mode, the temperature at the bottom of the
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`well is sensed by a thermistor, and power to the heater is
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`turned on or off by a triac to maintain the temperature in a
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`safe range to keep food warm; and
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`c. A Recipe Crockpot. The design was completed in November
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`of 2009. Recipes were loaded into an on-board memory and
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`displayed on an LCD. A user can locate the desired recipe,
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`add ingredients to the pot, and press the GO button. The
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`slow cooker then cooked the food based on the modes and
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`times stored in the memory. When the food finished
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`cooking, the cooker entered the keep warm mode, where the
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`temperature at the bottom of the well was sensed by a
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`thermistor, and power to the heater was turned on or off by a
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`relay to maintain a safe temperature.
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`9.
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`I also have significant experience specifically in the field of heating
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`and temperature control. I designed several space heaters that used thermistors in
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`feedback loops to regulate the room temperature by allowing power to the heating
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`element when the temperature dropped below a set temperature and preventing
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`power to the heating element when the temperature rose above a set temperature.
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`For example, the thermistor was located in the bottom of the heater where cool
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`room air entered the heater and exited near the top. Air flow was maintained by
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`convection, resulting from the tendency for warm air to rise.
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`10.
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`I also designed heating pad controllers that regulated the temperature
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`of a heating pad with a sensor wire to measure the average temperature of the pad
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`and a triac to turn power to the pad on or off to maintain the desired setting.
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`11.
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`Further, I developed and hold U.S. Patent No. 7,412,347 on a method
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`of sensing heating pad temperature using low cost thermistor-based sensors
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`distributed throughout the pad. Using the temperature throughout the pad, the
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`average temperature is calculated and maintained at a set value using a feedback
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`loop to activate or deactivate a triac in series with the AC power. As a safety
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`feature, power was turned off if a sensor detected an unsafe hot spot.
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`12.
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`I am a Registered Professional Engineer (license number 63605) in
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`the State of Texas since 1988. I am also a member of the Institute of Electrical and
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`Electronics Engineers (IEEE) and a senior member of the Society of Cable
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`Television Engineers.
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`13. A copy of my curriculum vitae is attached to the end of this
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`declaration.
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`14. Having this knowledge, I am well qualified to offer the opinions I
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`express in this declaration.
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`B.
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`15.
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`Task Summary
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`I have been asked to review the two challenged U.S. patents: the ’262
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`patent and the ’392 patent.
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`16.
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`In preparing this declaration, I have considered those two patents in
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`their entirety and the general knowledge of those familiar with the field of cooking
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`appliances, and specifically cookers, in 2001.
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`17.
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`I have also reviewed the references in their entirety that form the basis
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`for Euro-Pro’s challenge to the ’262 patent and the ’392 patent, including: U.S.
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`Patent No. 6,274,847 (“Hlava”), U.S. Patent No. 2,187,888 (“Nachumsohn”), U.S.
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`Patent No. 5,512,733 (“Takikawa”).
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`18.
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`I understand that other issues may arise that require further
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`explanation, and I will provide that explanation if appropriate. As a result, I
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`respectfully reserve the right to update and supplement this declaration and the
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`information and opinions provided.
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`C.
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`19.
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`Compensation
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`In consideration for my services, I am being paid $300 per hour by
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`Euro-Pro, independent of the outcome of this proceeding. I am also being
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`reimbursed for reasonable expenses I incur in relation to my services provided for
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`this proceeding.
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`D.
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`Legal Principles
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`20. My understanding of the law is based on information provided by
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`counsel for Euro-Pro.
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`21.
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`I understand that a claimed invention is obvious and, therefore, not
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`patentable if the subject matter claimed would have been considered obvious to a
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`person of ordinary skill in the art at the time that the invention was made. I
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`understand that there must be some articulated reasoning with some rational
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`underpinning to support a conclusion of obviousness. I further understand that
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`exemplary rationales that may support a conclusion of obviousness include:
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`(1) simply arranging old elements in a way in which each element performs the
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`same function it was known to perform, and the arrangement yields expected
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`results, (2) merely substituting one element for another known element in the field,
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`and the substitution yields no more than a predictable result, (3) combining
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`elements in a way that was “obvious to try” because of a design need or market
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`pressure, where there was a finite number of identified, predictable solutions,
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`(4) whether design incentives or other market forces in a field prompted variations
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`in a work that were predictable to a person of ordinary skill in the art, and (5) that
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`some teaching, suggestion, or motivation in the prior art would have led one of
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`ordinary skill in the art to modify the prior art reference or to combine prior art
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`references to arrive at the claimed invention, among other rationales.
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`E. My Opinions
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`22.
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`I have been advised to provide my opinions, based on my personal
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`knowledge, experience, and the materials I have reviewed, as to how someone of
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`ordinary skill in the field of cooking appliances would understand the challenged
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`claims of the ’262 patent and the ’392 patent as of at least July 2001. In that
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`regard, I note that my opinions do not differ from that which I believe someone of
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`ordinary skill in the cooking appliances field would have understood the
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`challenged claims of the ’262 patent and the ’392 patent to mean as of at least July
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`2001. Thus, the opinions I express below are from that perspective.
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`23. With regard to the claimed “temperature controlling means,” it is my
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`opinion that if a thermostat (such as a bimetallic thermostatic switch of the type
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`available to those of ordinary skill in the art prior to July 2001) were used as
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`“Temperature Controller” 32 in FIG. 3 of the ’262 patent or the ’392 patent, such a
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`device would be capable of accepting full power such that, depending on its state,
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`alternating current (AC) could flow through it to power the rest of the circuit, as
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`would be required of element 32 as shown in FIG. 3.
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`24. With regard to the claimed “function controlling means,” and after
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`review of FIG. 3 of the ’262 patent and the ’392 patent, it is my opinion that each
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`of the selectable options in FIG. 3 for multi-function controller 34 passes current to
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`both bottom heater 38 and side belt heater 40 and, therefore, the switch shown in
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`FIG. 3 is not capable of passing current to either bottom heater 38 or wrap-around
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`heater 40 individually or in combination.
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`25.
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`If one of ordinary skill in the art had to come up with an electro-
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`mechanical switch to enable the energization of either bottom heater 38 or wrap-
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`around heater 40 individually or in combination as stated in the ’262 and ’392
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`patents, such person could use a double pole triple throw switch.
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`26. A double pole triple throw switch or a double throw quadruple throw
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`switch would be capable of passing power to either or both of the heaters 38 and
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`40, as would be required of element 34 as shown in FIG. 3 of the ’262 and ’392
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`patents.
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`27.
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`Shifting one of Hlava’s side heating elements associated with FIG. 9
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`to a bottom position—such as shifting the largest wattage heating element, 30c', to
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`a position outside of liner 28, like the other heating elements are positioned, would
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`have required no more than the exercise of ordinary skill and no change would be
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`need to Hlava’s selector switch 52' or to Hlava’s thermostat 58.
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`28. Modifying Hlava’s cooking apparatus 10 associated with FIG. 9 to
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`add a bottom heating element and electrically interconnecting the bottom heating
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`element to thermostat 58 and selector switch 52' of Hlava would have been a
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`straightforward task for someone of ordinary skill in the art, including if one
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`combined the function of sensor 36 into selector switch 52'.
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`29.
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`Taking the steps in paragraphs 27 and 28 would have yielded the
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`predictable result of quicker heating of the bottom of Hlava’s cooking insert and/or
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`would have resulted in providing Hlava’s cooking apparatus 10 associated with
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`FIG. 9 with additional cooking modes.
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`30. When Hlava’s metal insert 14 is used with Hlava’s cooking apparatus
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`associated with FIG. 9, and power is supplied to cooking apparatus 10, thermostat
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`58—if its set temperature is reached—can open/close to terminate/supply power in
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`the same manner to whichever heating elements are used (heating element 30c',
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`heating elements 30a' and 30c', or heating elements 30a', 30b', and 30c').
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`31.
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`If a heating element were added to the bottom of the embodiment of
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`Hlava’s cooking apparatus 10 associated with FIG. 9, such an added bottom
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`heating element—if electrically interconnected to the selector switch 52'—would
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`be electrically interconnected to thermostat 58.
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`32. With regard to Hlava’s cooking apparatus 10 associated with FIG. 9,
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`when metal insert 14 is present in liner 28, sensor 36 is not actuated, which means
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`that selector switch 52' remains electrically interconnected to thermostat 58 and to
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`heating elements 30a', 30b', and 30c'. In this scenario, moving selector switch 52'
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`to the “off” position will not interrupt power to heating element 30c', which is one
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`variable cooking mode; moving selector switch 52' to the “low” position will not
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`interrupt power to heating element 30c' and will direct power to heating element
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`30a' such that heating elements 30c' and 30a' both get power, which is another
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`variable cooking mode; and moving selector switch 52' to the “high” position will
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`not interrupt power to heating element 30c' and will direct power to both heating
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`elements 30a' and 30c' such that heating elements 30c' and 30a' and 30b' get power,
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`which is another variable cooking mode.
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`33. Hlava describes one suitable type of selector switch 52 (which has
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`“off,” “low,” “high,” and “roast” positions) as a 3000 Series rotary-type switch
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`available from Tower Manufacturing Corp. Based on this information and the
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`knowledge that one of ordinary skill in the art would possess, it would have been
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`understood by one of ordinary skill that Hlava necessarily (or at least obviously)
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`disclosed a double pole triple throw rotary-type switch for selector switch 52'.
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`Such a switch is the same as or insignificantly different from the double pole triple
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`throw switch described above for use as an electro-mechanical switch relative to
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`FIG. 3 of the ’262 and ’392 patent, as described above in paragraph 25.
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`34.
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`Those of ordinary skill in the art would have known that a triple pole
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`five throw rotary-type switch could have been used for selector switch 52' of
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`Hlava’s cooking apparatus 10 associated with FIG. 9 to achieve the functions of
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`both selector switch 52' and sensor 36. In other words, one of ordinary skill in the
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`art would have known of the existence of such switches, and such a switch would
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`have been able to have the same positions otherwise available through the selector
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`switch 52' and sensor 36 for the circuit options discussed in connection with FIG.
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`9: off, low slow cook (involving the energization of heating element 30a' only),
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`high slow cook (involving the energization of heating elements 30a' and 30b'), low
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`roast (involving the energization of heating element 30a' and heating element 30c'),
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`and high roast (involving the energization of heating elements 30a', 30b', 30c').
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`Revising the circuit in FIG. 9 to such a modified selector switch 52' would have
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`been obvious to and within the skill level of skill of someone of ordinary skill in
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`the art.
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`35. Continuing with the version of Hlava’s cooking apparatus 10
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`associated with FIG. 9, if it were desired to energize each of the heating elements
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`30a', 30b', 30c' individually or in any combination, it would have been obvious to
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`one of ordinary skill in the art to have modified selector switch 52' to have enabled
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`such options via a triple pole seven throw switch if no off position were used, or
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`via a triple pole eight throw switch if an off position were used. Revising the
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`circuit in FIG. 9 to either of such modified selector switches 52' would have been
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`obvious to and within the skill level of skill of someone of ordinary skill in the art.
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`36.
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`It was known to those of ordinary skill in the art that one way in
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`which a cooker could achieve various cooking modes was by enabling multiple
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`heating elements to be selectively energized.
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`37.
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`It was also known to those of ordinary skill in the art that
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`electromechanical rotary switches, such as a double pole triple throw switch, could
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`be used to energize either or both of a pair of heating elements to provide variable
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`cooking modes. Using such a switch in the circuit shown in FIG. 7 of
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`Nachumsohn for such purpose, and so that it was also electrically interconnected
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`to Nachumson’s thermostat, would have been routine for someone of ordinary skill
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`in the art. Such a switch is the same as or insignificantly different from the double
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`pole triple throw switch described above for use as an electro-mechanical switch
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`relative to FIG. 3 of the ’262 and ’392 patent, as described above in paragraph 25.
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`38.
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`It was also known to those of ordinary skill in the art that a double
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`pole four throw switch could be used to provide an “off” setting and energize
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`either or both of a pair of heating elements to provide variable cooking modes.
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`Using such a switch in the circuit shown in FIG. 7 of Nachumsohn for such
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`purpose, and so that it was also electrically interconnected to Nachumson’s
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`thermostat, would have been routine for someone of ordinary skill in the art. Such
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`a switch is the same as or insignificantly different from the double pole triple
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`throw switch described above for use as an electro-mechanical switch relative to
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`FIG. 3 of the ’262 and ’392 patent, as described above in paragraph 25.
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`39.
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`It would have been straightforward for someone of ordinary skill in
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`the art to have included any of selector switches 52 or 52' described above in
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`paragraphs 33-35 in the circuit shown in FIG. 7 of Nachumsohn, and to electrically
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`interconnect such a switch to Nachumsohn’s thermostat, to enable the selective
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`energization of Nachumsohn’s two heating elements to provide variable cooking
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`modes.
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`40.
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`41.
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`The market for cookers was competitive in at least July 2001.
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`It would have been routine for someone of ordinary skill in the art to
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`have modified the Takikawa cooker shown in FIG. 8(c) to include one of the
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`thermostatic switches of Hlava or Nachumsohn for regulating the temperature of
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`Takikawa’s bottom heating element and wrap-around heating element and/or
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`Takikawa’s cooking pot.
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`42.
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`I declare under penalty of perjury under the laws of the United States
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`that the foregoing is true and correct.
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`Dated: November 20, 2013
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`\s\Robert A. Sherwood
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`Robert A. Sherwood
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`Curriculum Vitae
`Robert A. Sherwood
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`Expertise Overview
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`(cid:131) Expert Witness in Electronic Circuit Related Cases
`(cid:131) Patent Infringement Investigation
`(cid:131) Digital, Analog, and RF Circuit Design
`(cid:131) Design for High Volume Production
`(cid:131) Consumer Electronics and Appliance Design
`(cid:131) Software Development, Visual C#, and BASIC
`(cid:131) Microprocessor Programming in C and assembly
`
`Professional Summary
`
`Over fifty years of experience in product design, including system, analog, digital, and RF
`circuit design. Worked with customers to determine market needs, define products, plan and
`design products through field test and manufacturing start-up. As a small business owner,
`interfaced with customers to determine needs, suggest solutions to problems, and develop
`equipment for specific applications.
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`Employment History
`
`From:
`To:
`
`
`04/1987 Sherwood Engineering Design Services, Inc.
`Present
`El Paso, TX
`Position: President
`(cid:131) Served as an expert witness in patent infringement and liability cases
`(cid:131) Designed Ethernet burglar alarm interface circuit board
`(cid:131) Designed receiver for demodulating data from a satellite transponder
`(cid:131) Designed receiver and transmitter for RF wireless remote control
`(cid:131) Designed frequency agile RF receiver for measuring CATV RF leakage
`(cid:131) Designed circuits for very high volume production appliances
`(cid:131) Developed C language programs for various clients
`(cid:131) Designed digital ASICs for various customers
`(cid:131) Consulted on Cable TV related subjects with various companies
`(cid:131) Designed medication dispenser
`(cid:131) Designed liquid level measuring system using ultrasonics for storage
`tanks
`
`From:
`To:
`
`
`06/1983 M/A-Com/General Instrument Converter Operation
`07/1987 El Paso, TX
`Position: Design Engineering Manager
`(cid:131) Planned family of Cable TV converter products
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`Page 1
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`(cid:131) Designed addressable converter system
`(cid:131) Personally designed portions of converter digital and analog circuitry
`(cid:131) Provided technical and administrative guidance to 12 person electrical
`and mechanical design group
`(cid:131) Instrumental in start-up of Cable TV Converter business
`(cid:131) Coordinated with marketing and field engineering to resolve customer
`problems and tailor products to customer needs
`
`From:
`To:
`
`
`From:
`To:
`
`
`
`From:
`To:
`
`
`
`GTE Products Corporation
`1972
`
`1983
`Position: Engineering Manager
`(cid:131) Planned, scheduled, and monitored development of Cable TV products
`for $150,000,000 operation
`(cid:131) Designed the industry's first high volume produced microprocessor
`controlled Cable TV converter with sales of 750,000 units
`(cid:131) Designed wireless remote controlled Cable TV converter with sales of
`500,000 units
`(cid:131) Designed pay TV scrambling and descrambling devices
`(cid:131) Designed family of extremely low distortion broadband Cable TV
`amplifiers
`
`GTE Sylvania, Buffalo NY Division
`1962
`
`1972
`Position: Design Engineering Manager
`
`Designed radio communications equipment for military customers
`
`U.S. Army Ordnance Guided Missile School
`1960
`Redstone Arsenal, AL
`1962
`Position: 1st Lieutenant
`
`Taught basic electronics, Hawk and Nike Missile Systems to officer
`personnel
`
`Litigation Support Experience
`
`Client
`2011
`Confidential
`
`Involvement: Expert witness investigations under NDA
`Status:
`Preparing reports regarding cause of fire
`
`Date:
`
`
`
`
`Date:
`
`
`
`2006
`
`Involvement:
`
`
`
`Status:
`
`
`
`
`
`
`
`
`
`Client
`Satellite dish company
`Investigate possible patent infringement and prepare expert witness
`report
`Unknown
`
`Page 18 of 20
`
`Page 2
`
`
`
`2004
`
`Involvement:
`Status:
`
`Client
`Refrigerator manufacturer
`Investigate cause of product failure
`Unknown
`
`Client
`2001
`Burns Doan
`
`Involvement: Expert witness in Pay TV patent infringement case, Deposed
`Status:
`Jury awarded $13,000,000 to client
`
`Client
`1989
`Texscan
`
`Involvement: Deposed regarding cable TV converter power transformer failure
`Status:
`Case settled
`
`1988
`
`Involvement:
`
`Client
`GTE
`Investigate cause of a house fire involving a GTE Sylvania Cable
`Converter, Deposed
`Case settled
`
`Date:
`
`
`
`
`Date:
`
`
`
`
`Date:
`
`
`
`
`Date:
`
`
`
`
`
`Status:
`
`Named Inventor on U.S. Patents
`
`Patent Number Date Issued Title
`8/12/2008 Method and apparatus for measuring physical
`7,412,347
`parameters
`12/5/2006 Configurable heating pad controller
`
`7,145,108
`
`7,109,445
`7,109,444
`
`
`7,006,001
`6,987,250
`6,960,745
`6,812,437
`6,570,139
`6,507,282
`6,437,300
`
`
`
`
`
`
`
`8/19/2006
`Cooking apparatus with electronic recipe display
`8/19/2006 Electronic control circuit for household appliances
`including humidifiers
`
`
`Speech-emitting celebration device
`2/28/2006
`1/17/2006 Control circuit for kitchen appliances
`11/1/2005 Electronic control circuit
`11/2/2004 Electronic control circuit
`5/27/2003 Electronic control circuit
`Filter monitoring system using a thermistor
`1/14/2003
`8/20/2002 Method and apparatus for compensating for varying
`water conductivity in a direct electrode water heating
`vaporizer
`Page 19 of 20
`
`
`
`Page 3
`
`
`
`6,214,074
`
`4/12/2001 Odor/air purifier mountable under a kitchen cabinet
`
`3/20/2001 Heater, humidifier or fan including a circuit for
`controlling the output thereof
`1/13/1998 Heating pad controller with variable duty cycle for
`temperature adjustment
`10/11/1994 Hair styling appliance heater and control
`5/18/1982 Multichannel subscription television system
`12/1/1981 Electrostatic discharge-protected switch
`
`6,204,623
`
`5,708,256
`
`5,354,967
`4,330,794
`4,303,960
`
`Education
`
`Year
`1969
`1961
`
`College/University
`State University of New York, Buffalo, NY
`Carnegie Mellon University, Pittsburgh, PA
`
`Degree
`MS, Electrical Engineering
`BS, Electrical Engineering
`
`Professional Associations
`
`(cid:131) Registered Professional Engineer, Texas
`(cid:131) Senior Member, Society of Cable Television Engineers
`(cid:131) Member IEEE
`
`
`
`
`
`
`
`
`
`Page 4
`
`Page 20 of 20
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