UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`TAMPA DIVISION
`
`AAMP OF FLORIDA, INC. d/b/a/
`AAMP OF AMERICA
`
`Plaintiff,
`
`Case No.: 8:13-cv-02019-MSS-TGW
`
`v.
`
`AUTOMOTIVE DAT A
`SOLUTIONS, INC.,
`
`Defendant.
`
`PLAINTIFF AAMP OF AMERICA'S
`AMENDED INTERROGATORY RESPONSES
`
`Plaintiff AAMP of America responds as follows to Defendant's interrogatories 1-
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`12. AAMP has previously responded to interrogatories 1-7; some of those responses have
`
`been amended. AAMP is responding for the first time to ADS's interrogatories 8-12.
`
`AAMP reserves the right to supplement these responses as discovery progresses.
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`General Objection
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`I.
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`AAMP objects to Defendant's introduction, definitions, and instructions to
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`the extent they attempt to alter the scope of permissible discovery, the procedures
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`therefore, or the parties' obligations as set forth in the Federal Rules of Civil Procedure
`
`and the Local Rules of this Court.
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 001
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`

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`Responses
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`I .
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`Provide all facts relating to any investigation conducted by you pursuant to
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`Federal Rule of Civil Procedure 11 into whether any of the ADS Accused Products
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`infringe the '540 patent as alleged in your Complaint.
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`Response: After conferring with ADS, ADS has advised AAMP that this
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`interrogatory does not ask for information protected by the attorney/client privilege or the
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`work product doctrine. With that understanding: AAMP, together with its counsel,
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`investigated prior to filing this lawsuit whether the accused ADS products infringed
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`AAMP's '540 and '825 patents. Specifically, AAMP and its counsel obtained the accused
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`ADS steering wheel interface products and compared the products to the asserted claims of
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`the '540 and '825 patents on a limitation by limitation basis, and concluded that there was
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`a reasonable basis for a finding of infringement of at least the asserted claims of both
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`asserted patents. The underlying details of such comparisons are privileged. AAMP's
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`preliminary infringement contentions do, however, detail the conclusions reached by
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`AAMP and its counsel as a result of AAMP 's pre-filing investigation. AAMP has also
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`reviewed ADS' s non-infringement contentions and, notably, ADS does not identify a
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`single meaningful distinction between the accused products and the invention claimed in
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`AAMP's patents.
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`2.
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`If you contend that the Accused Products contain the '540 patent's
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`limitation of" ... a transmitter adapted to produce and broadcast to the stereo receiver an
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`output signal in the second format ... ,"then provide all facts supporting your contention.
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`Answer: AAMP contends that the Accused Products contain the referenced
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`limitation. The facts supporting that contention are set foith in AAMP 's preliminary
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`infringement contentions, which are incorporated herein by reference. It is beyond dispute
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 002
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`

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`that the Accused Products produce and broadcast to the stereo receiver an output signal in
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`a second format. The equipment that broadcasts the output signal is, by definition, a
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`transmitter.
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`3.
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`Identify any business relationship, patent licensing arrangement, and any parent
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`company and subsidiary company relationship between Lightning Audio (Lightning
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`Audio has a website at http://www.lightningaudio.com/) and You (including PAC and
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`P.B. Clarke and Associates) between 1997 and 2004.
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`Response: PAC and Lightning Audio had a business relationship in the sense that
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`PAC sold products to Lightning Audio, which products Lightning Audio then resold.
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`4.
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`Identify, as precise as possible, when You first sold or offered to sell in the United
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`States each of the PAC SWI series of interface devices, including but not limited to SWI-
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`1, SWI-2.
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`Response:
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`The SWI-1 was a prototype that was never offered for sale, in the United States or
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`otherwise.
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`The SWI-2 was first sold after November 17, 1998, but before November 1999.
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`The SWI-3 was first sold after November 17, 1998, but before November 1999.
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`The SWI-4 was first sold after November 17, 1998, but before November 1999.
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`AAMP does not believe the SWI-5 was ever sold.
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`The SWI-6 was first sold after November 17, 1998, but before April 2000.
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`The SWI-7 was first sold after November 17, 1998, but before April 2000.
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 003
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`

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`In addition to the responses above, AAMP would direct ADS to the following documents
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`that, together with the response above, constitute all of AAMP's knowledge in response
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`to the interrogatory:
`
`• AAMP _ ADS004094-AAMP _ ADS004257
`• AAMP ADS004258-AAMP ADS004371
`-
`-
`• AAMP _ADS004372-AAMP _ADS004499
`• AAMP_ADS004712-AAMP_ADS004719
`• AAMP _ ADS004 720-AAMP _ ADS004 731
`• AAMP _ADS004732-AAMP _ADS004742
`• AAMP _ADS004743-AAMP _ADS004753
`• AAMP _ADS004754-AAMP _ADS004763
`• AAMP _ADS005451-AAMP _ADS005461
`• AAMP ADS005463-AAMP ADS005626
`-
`-
`• AAMP ADS007299-AAMP ADS007302
`-
`-
`• AAMP ADSO 10660
`• AAMP ADSOl 1245
`• AAMP _ADS011246-AAMP _ADS011247
`• AAMP ADS011258
`• AAMP ADS011261
`• AAMP ADSOl 1265
`• AAMP_ADS014521-AAMP_ADS014529
`• AAMP ADS18901-AAMP ADS18906
`-
`-
`
`5.
`
`Identify, as precise as possible, when You first sold or offered to sell in the United
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`States each of the Peripheral Electronics series of interface devices, including but not
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`limited to PESWI-2, PESWI-3, PESWI-4, PESWI-6, and PESWI-7.
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`Response: The dates these devices were first sold in the Unites States are
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`approximately the same as those listed for the correspondingly-numbered SWI-series
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`interfaces discussed in interrogatory 4.
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 004
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`

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`6.
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`Identify all part and model numbers of all Steering Wheel Interface Devices You
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`(including PAC and P.B. Clarke and Associates) sold or offered to sell prior to December
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`31, 2002. Identify, as precise as possible, when You first sold or offered to sell each of
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`these identified devices.
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`Response: See AAMP's responses to interrogatories 4 and 5.
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`7.
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`For each of the device you identified in Your response to Interrogatory No. 6,
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`identify the name of the inventor or developer, whether the device was designed or
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`developed by Brett Riggs, whether the development process of the device involved Terry
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`Weeder, and whether the device was an embodiment of the invention disclosed in U.S.
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`Patent 6,956,952.
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`Response: Brett Riggs is the inventor and developer of all of the devices identified
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`in AAMP's response to interrogatory 6. Terry Weeder was hired by Mr. Riggs in
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`connection with the firmware for the SWI-2, SWI-4, and SWI-6. The Riggs family of
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`patents, which includes U.S. Patent No. 6,956,952, discloses steering wheel interface
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`devices, and the products identified in response to interrogatory 6 are covered by one or
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`more claims of the patents of the Riggs family.
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 005
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`

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`8.
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`Referring to the specification of the '540 Patent, do you contend that the
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`specification contains disclosure of an embodiment that transmits output signals via
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`hardwire connection to an aftermarket stereo receiver? If so, specifically identify all
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`paragraphs (by either copying and pasting the paragraphs here or providing the column(cid:173)
`
`line citation) in the specification that contain disclosure of the embodiment that transmits
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`output signals via hardwire c01mection to an aftermarket stereo receiver.
`
`Response: One invention disclosed in the '540 patent is an interface device that
`
`receives signals in a first format from a factory installed stereo control, translates those
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`signals into a second format that the aftennarket stereo will understand, and sends an
`
`output signal to the stereo in that second format. The output signal is sent from the
`
`interface through a wire (see, e.g., Figure 3). The specification discloses that the "[t]he
`
`remote interface circuit 110 ... is [] adapted to send signals to replacement stereo receiver
`
`104 via a transmission cable 112." (4:38-42.) However, because "[t]he typical after(cid:173)
`
`market stereo receiver is equipped with a wireless receiver," (4:59-60), in one preferred
`
`embodiment "the transmission cable 112 includes a signal transmitter 154 .... " (4:42-43
`
`("In this embodiment, the transmission cable 112 includes a signal transmitter 154.").)
`
`The logical alternative, as the patent explains, is a hardwired embodiment (i.e., "send[ing]
`
`signals to replacement stereo receiver 104 via a transmission cable 112" (4:38-42)). In
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`addition, the specification discloses hardwired c01mections for the transmission of signals
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`to stereo controls. (2: 15-20.) One of skill in the mt reading the patent would understand
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`that the specification's disclosure of a preferred embodiment that contains the
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`transmission of signals by infrared is not exclusive, and that such transmission could be
`
`achieved by way of other known well-known and obvious means including by hardwire.
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`As such, the '540 patent disclosure reasonably conveys to those skilled in the art that the
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`inventor had possession of the transmission of signals by hardwire as of the filing date.
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`Specifically, a person of ordinary skill in the would understand that the following
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`specification paragraphs (in addition to the patent's abstract, figures, and claims) disclose,
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`explicitly or implicitly, transmission of output signals via hardwire connection to an
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`aftermarket stereo receiver: 1: 16-21; 2:6-22; 2:52-58; 2:62-3:5; 3:6-3: 16; 3: 17-23;
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`3:43-47; 3:48-50; 3:51-53; 4:10-28; 4:29-50; 4:51-5:3; 5:4-16; 5:17-26; 5:27-41;
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`5:42-57; 5:58-6:16; 6:36-46; 6:61-7:12; 7:13-25; 7:26-37; 7:38-48; 8:6-13; 8:14-28;
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`8:29-43; 9:4-16; 9:28-44; 9:45-60; 9:61-67; 10:1-14; 10:33-47; 10:48-63; 10:64-11:16;
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`11:17-32; 11:33-46; 11:47-64; 11:65-12:9; 12:10-21; 12:22-31.
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 006
`
`

`
`Referring to the specification of the '289 Patent, do you contend that the
`9.
`specification contains disclosure of an embodiment that transmits output signals via
`hardwire connection to an aftermarket stereo receiver? If so, specifically identify all
`paragraphs (by either copying and pasting the paragraphs here or providing the column(cid:173)
`line citation) in the specification that contain disclosure of the embodiment that transmits
`output signals via hardwire connection to an aftermarket stereo receiver.
`
`Response: AAMP has not made any contentions regarding the
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`'289 patent.
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 007
`
`

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`10.
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`Referring to the specification of the '825 Patent, do you contend that the
`
`specification contains disclosure of an embodiment that transmits output signals via
`hardwire connection to an aftennarket stereo receiver? If so, specifically identify all
`
`paragraphs (by either copying and pasting the paragraphs here or providing the column-line
`
`citation) in the specification that contain disclosure of the embodiment that transmits output
`
`signals via hardwire connection to an aftermarket stereo receiver.
`
`Response: One invention disclosed in the '825 patent is an interface device that receives
`
`signals in a first format from a factory installed stereo control, translates those signals into a
`
`second format that the aftermarket stereo will understand, and sends an output signal to the
`
`stereo in that second format. The output signal is sent from the interface through a wire
`
`(see, e.g., Figure 3). The specification discloses that the "[t]he remote interface circuit 110
`
`... is [] adapted to send signals to replacement stereo receiver 104 via a transmission cable
`
`112." (6:1-5.) However, because "[t]he typical after-market in-dash stereo receiver 104 is
`
`transmission cable 112 includes an output signal transmitter 154 .... "
`
`equipped with a wireless receiver," (6:23-24), in one preferred embodiment "the
`(6:5-6 ("In tltis
`e111bodime11t, the transmission cable 112 includes an output signal transmitter 154.").) The
`logical alternative, as the patent explains, is a hardwired embodiment (i.e., "send[ing]
`
`signals to replacement stereo receiver 104 via a transmission cable 112" (6: 1-5)). One of
`
`skill in the art reading the patent would understand that the specification's disclosure of a
`
`preferred embodiment that contains the transmission of signals by infrared is not exclusive,
`
`and that such transmission could be achieved by way of other known well-known and
`
`obvious means including by hardwire. As such, the '825 patent disclosure reasonably
`
`conveys to those skilled in the art that the inventor had possession of the transmission of
`
`signals by hardwire as of the filing date. Specifically, a person of ordinary skill in the would
`
`understand that the following specification paragraphs (in addition to the patent's abstract,
`
`figures, and claims) disclose, explicitly or implicitly, transmission of output signals via
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 008
`
`

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`hardwire connection to an aftermarket stereo receiver: 1:16-21; 2:28-36; 3:45-54; 3:62-4:7;
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`4:8-27; 4:28-46; 4:60-64; 4:65-67; 5:1-3; 5:42-58; 5:59-6:13; 6:14-33; 6:34-46; 6:47-57;
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`6:8-7:6; 7:7-25; 7:26-51; 8:3-13; 8:28-45; 8:46-58; 8:59-9:3; 9:4-15; 9:40-47; 9:48-62;
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`9:63-10:11; 10:20-27; 10:28-36; 10:37-47; 10:48-58; 10:59-11:8; 11:9-23; 11:24-30;
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`11 :31-44; 11 :63-12:9; 12: 10-25; 12:26-46; 12:47-59; 12:60-13:6; 13:7-24; 13:25-36;
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`13:37-47; 13:48-62; 13:63-14:10; 14:11-31; 14:32-48; 14:55-15:2; 15:25-35; 16:10-30;
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`16:49-62; 16:63-17:4; 17:33-45; 17:46-64; 17:65-18:11; 18:58-19:3; 19:23-37; 19:38-53;
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`19:54-20:6; 21:15-31; 21:32-50; 21:51-62; 21:63-22:10; 22:11-22; 22:65-23:11; 23:27-
`
`35.
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`11.
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`Referring to AAMP001619-001645 (i.e. provisional application no. 60/108,711), do
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`you contend that the provisional application is a compilation of more than one document. If
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`so, identify, page by page, what the documents are?
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`Response: AAMP has not made any contentions about the provisional application.
`
`9
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`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 009
`
`

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`12.
`
`Referring to AAMP001619-001645 (i.e. provisional application no. 60/108,711),
`
`identify the following by the specific bates-numbered page:
`i) source code of SWI-2
`ii) schematics of SWI-2
`iii) parts list of SWI-2
`iv) the datasheet of the microcontroller ofSWI-2.
`
`Response:
`
`i): AAMP001635-AAMP001642 is the source code for the SWI-2.
`
`ii): AAMP001624 is a schematic of the SWI-2.
`
`iii): AAMP001629 is the parts list of the SWI-2.
`
`iv): AAMP001643-1644 is the datasheet for a microcontroller that was installed in some
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`SWI-2 interfaces.
`
`10
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 010
`
`

`
`Verification
`
`I have read AAMP'S amended responses to ADS's interrogatories and with respect
`
`to the responses provided I am informed and believe that the contents are true and correct.
`
`Executed this 21 day of September, 2014
`
`11
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 011
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`

`
`Dated: September 30, 2014
`
`sf Dennis P. Waggoner
`Dennis P. Waggoner - Trial Counsel
`Florida Bar No. 509426
`David L. Luikart
`Florida Bar No. 021079
`HILL WARD HENDERSON
`101 East Kennedy Boulevard
`Suite 3700
`Tampa, Florida 33602
`Tel: (813) 221-3900
`Fax: (813) 221-2900
`dwaggoner@hwhlaw.com
`dluikart@hwhlaw.com
`
`Attorneys for AAMP of Florida, Inc.
`d/b/a AAMP of America
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that on the 30th day of September, 2014, the foregoing
`document was served by email on the following:
`
`R. Joseph Trojan
`Trojan@trojanlawoffices.com
`Dylan C. Dang
`dang@trojanlawoffices.com
`Fredrick S. Tsang
`Tsang@trojanlawoffices.com
`TROJAN LAW OFFICES
`9250 Wilshire Blvd., Suite 325
`Beverly Hills, CA 90212
`Telephone: 310-777-8399
`Facsimile: 310-777-8348
`
`Stephen D. Milbrath
`Florida Bar No. 239194
`ALLEN, DYER,DOPPEL T,MILBRA TH
`& GILCHRIST, P.A.
`255 S. Orange Ave., Ste. 1401
`P.O. Box 3791
`Orlando, FL 32802-3791
`Telephone: 407-841-2330
`Facsimile: 407-841-2343
`smilbrath@addmg.com
`
`sf Dennis P. Waggoner
`Attorney for Plaintiff
`
`12
`
`Inter Partes Review of Pat. No. 9,165,593
`Petitioner Ex. 1029 p. 012