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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`RED.COM, LLC,
`Patent Owner.
`__________________________________
`
`Case No. IPR2019-01065
`Patent No. 9,245,314
`__________________________________
`
`DECLARATION OF JAMES H. JANNARD IN SUPPORT OF
`PATENT OWNER RED.COM, LLC’S PRELIMINARY RESPONSE
`
`
`
`
`RED.COM Ex. 2011
`Apple v. RED.COM
`IPR2019-01065
`
`
`
`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
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`I, James H. Jannard, declare and state as follows:
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`1.
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`I am the Founder and Chairman of the Board of RED.COM (“RED”),
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`the assignee of U.S. Patent Nos. 9,230,299 (“the ’299 patent”) and 9,245,314 (the
`
`’314 patent). I am also a listed inventor on the ’299 and ’314 patents. I am
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`submitting this declaration in connection with Patent Owner Preliminary
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`Responses to IPR2019-01064 and IPR2019-01065, filed by Petitioner Apple Inc.,
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`relating to the ’299 and ’314 patents, respectively.
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`2.
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`I executed a previous declaration under 37 C.F.R. § 1.132, which was
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`submitted on July 1, 2013, in connection with a reexamination proceeding on U.S.
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`Patent No. 8,174,560 (the “’560 patent”), assigned to RED and for which I am a
`
`named inventor (the “2013 declaration”). The ’299 and ’314 patents claim priority
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`to the ’560 patent, and to the same April 11, 2007 provisional application as the
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`’560 patent. A true and correct copy of my 2013 declaration is attached hereto as
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`Exhibit 2012.
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`3.
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`I first met with my co-inventor, Graeme Nattress, in December 2005
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`to discuss my goal of building a digital motion picture camera that could generate
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`cinema-quality video from compressed digital files saved to portable memory.
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`Mr. Nattress agreed to work on the RED ONE project to help achieve this goal.
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`4. Mr. Nattress had primary
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`responsibility
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`for developing
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`the
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`REDCODE programing for the RED ONE that recorded compressed raw Bayer-
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`-1-
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`
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`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
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`pattern video image data that would, after decompression and demosaicing, display
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`visually lossless video having at least 2K resolution at 24 frames per second.
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`5. Mr. Nattress was one of the individuals I assembled at RED to work
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`on the RED ONE project. In addition to other individuals who worked at RED, I
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`hired the contract engineering firm Wind River to work under RED’s direction to
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`implement our design requirements and the REDCODE platform we developed.
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`6.
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`In preparation for the upcoming 2007 National Association of
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`Broadcasters show (“NAB 2007”) to be held in Las Vegas in April, RED tested a
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`functioning RED ONE motion picture camera, nicknamed Boris, at RED’s
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`headquarters in March 2007. I personally observed and helped conduct the testing
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`of Boris. Members of the RED team who were also present included Graeme
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`Nattress, Jarred Land, Ted Schilowitz, David Macintosh and Stuart English. I
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`recall Mr. Nattress taking pictures during the testing. I have reviewed Exhibits
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`2002-2008 that I understand are attached to Mr. Nattress’s declaration that is also
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`being submitted with these Patent Owner Preliminary Responses to IPR2019-
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`01064 and IPR2019-01065. I can confirm that Exhibits 2002-2008 depict RED’s
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`testing of the Boris RED ONE camera at RED’s headquarters in March 2007.
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`-2-
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`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
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`7.
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`In particular, the photo reflected in Exhibit 2002, reproduced below,
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`shows me holding Boris.
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`8.
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`I am also in Exhibit 2003, reproduced below. That photo shows,
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`from left to right, David Macintosh, me, Ted Schilowitz, Jarred Land and Stuart
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`English standing next to Boris after it had been set up on a tripod.
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`
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`-3-
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`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
`
`
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`9. With regard to the photos reflected in Exhibits 2006, 2007 and 2008,
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`reproduced below, respectively, I recall Messrs. Schilowitz and Macintosh sitting
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`for test video depicted in those photos. I also recall viewing the output of that test
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`video and confirming upon visual inspection that the raw compressed video shot
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`by Boris displayed as visually lossless when decompressed and demosaiced. I also
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`recall that the program used to display Boris’s test footage reported that video
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`taken by Boris achieved 4K resolution at 24 frames per second, as can be seen in
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`the annotation and enlargement of Exhibit 2008 below.
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`-4-
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`
`
`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
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`Ex. 2006.
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`
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`Ex. 2007.
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`-5-
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`
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`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
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`Ex. 2008 (with annotations).
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`Ex. 2008 (enlargement).
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`-6-
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`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
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`10. These above output parameters indicate that the video taken by Boris
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`played back with a resolution of 4096 x 2048, which denotes 4K resolution. The
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`framerate is reported to be 24 frames per second. Based on these output
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`parameters, and my inspection of the visually lossless video shot by Boris, I knew
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`by at least March 2007 that our invention worked for its intended purpose. My
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`understanding was then further confirmed later in March when Sir Peter Jackson
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`successfully used Boris, and its companion camera nicknamed Natasha, to shoot
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`his “Crossing the Line” film, as described below.
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`11. Because RED’s testing of Boris was such a success, I wanted to find a
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`professional cinematographer who could use Boris to shoot a promotional video
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`we could display at NAB 2007. I reached out to Sir Peter Jackson to see if he had
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`any recommendations. I was quite surprised when he suggested that I bring our
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`cameras down to New Zealand so that he could shoot the footage himself.
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`12. Needless to say, I jumped at the opportunity to have an Oscar-winning
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`director test out our new camera on a professional shoot. Jarred Land and I flew to
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`New Zealand during the last week of March 2007 and delivered Boris and Natasha
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`to Mr. Jackson. We stayed at Mr. Jackson’s house the entire week, and oversaw
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`his use of the cameras to shoot a mini-movie entitled “Crossing the Line.”
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`13. Attached hereto as Exhibits 2013 and 2014 are true and correct
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`copies of photos of Boris and Natasha that were taken during Peter Jackson’s
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`-7-
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`
`
`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
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`“Crossing the Line” shoot. Attached hereto as Exhibits 2015 and 2016 are true
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`and correct copies of metadata for Exhibits 2013 and 2014, respectively,
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`indicating a “Date taken” date of “March 30, 2007” for each photo. Exhibit 2013,
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`reproduced below, shows Boris rigged-up during the filming of “Crossing the
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`Line.” While Boris was almost entirely unpainted milled aluminum during our
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`testing at RED headquarters a few weeks earlier, we had powder coated Boris
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`black prior to the “Crossing the Line” shoot, as can be seen below.
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`14. Exhibit 2014, reproduced below, shows Natasha rigged-up during the
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`filming of “Crossing the Line.” As the photo shows, Natasha had a milled-
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`
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`aluminum coloring.
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`-8-
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`
`
`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
`
`
`
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`15. During filming, Mr. Jackson treated Boris and Natasha with the same
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`professional vigor he would any other camera, from crawling on the ground with
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`them to using them on helicopters and Steadicams. The cameras performed
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`flawlessly throughout the entire week. Mr. Jackson’s satisfaction with and
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`enthusiasm for Boris and Natasha was readily apparent. He has been one of the
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`most vocal and devoted users of RED cameras ever since.
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`16. The “Crossing the Line” shoot proved to be a watershed moment for
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`RED. Boris and Natasha succeeded in every way and circumstance that week with
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`respect to their durability, portability and visually lossless video quality. Mr.
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`-9-
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`
`
`Apple v. RED.COM
`Declaration of James H. Jannard re POPR - IPR2019-01064 and IPR2019-01065
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`Jackson prepared a cut of "Crossing the Line," which we showed at NAB 2007 and
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`received a tremendous, enthusiastic response.
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`I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and
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`further that these statements were made with the knowledge that willful, false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`Executed on August 14___, 2019 at Los Angeles, California.
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`30883739
`
`James H . J annard
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`-10-
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