REDCOM.007Xl
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`James H. Jannard, et al.
`
`Reexam Control
`No.
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`90/012,550
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`Reexam Filed
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`September 13, 2012
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`Patent No.
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`8,174,560
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`For
`
`Examiner
`
`Art Unit
`
`ConfNo.
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`VIDEO CAMERA
`
`Henry N. Tran
`
`3992
`
`1159
`
`CERTIFICATE OF EFS WEB
`TRANSMISSION
`
`I hereby certify that this correspondence, and any
`other attachment noted on
`the automated
`Acknowledgement Receipt, is being transmitted
`from within the Pacific Time zone
`to the
`Commissioner for Patents via the EFS Web server
`on:
`
`(Date)
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`DECLARATION OF JAMES H. JANNARD UNDER 37 C.F.R. §1.132
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`I, James H. Jannard, declare that:
`
`I.
`
`BACKGROUND
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`1.
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`I am the Founder and Chairman of the Board of Red.com, Inc. (dba Red Digital
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`Camera) ("RED"), the assignee of U.S. Patent No. 8,174,560 ("the 560 patent"), which is the
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`subject of the present reexamination proceeding.
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`I am also the first listed inventor on the '560
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`patent and an inventor on four additional issued patents which belong to RED.
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`2.
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`I was a camera enthusiast for decades before founding RED. For instance, I was
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`previously the Founder and President of performance eyewear, electronically enabled eyewear and
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`sports equipment manufacturer Oakley, Inc. During my first 20 years at Oakley, I personally shot
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`photographs for most of Oakley's print advertisements and marketing materials as well as motion
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`July 1, 2013
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`/Michael Guiliana/
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`Michael A. Guiliana, Reg. no. 42,611
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`RED.COM Ex. 2012
`Apple v. RED.COM
`IPR2019-01065
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`Control No.:
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`video for Oakley's televised commercials.
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`I also collect cameras, and own over 1000 still and
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`motion cameras.
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`3.
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`At Oakley, I invented various technologies and devices in fields including optical
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`systems, eyeglasses, goggles and component parts, telecommunications enabled eyewear, head
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`worn audio/video systems, and heads up displays among others. I am an inventor on over 600
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`patents worldwide.
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`4.
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`At RED, I have been intimately involved in the process of designing and building all
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`of our camera models from the ground up. Moreover, in my role as Chairman of the Board of
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`RED, I have gained a deep understanding of the professional camera market.
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`5.
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`I founded RED in about 2005, with the objective of developing the world's best
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`cameras. Based upon the investment of an enormous amount of effort and resources, we created
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`the first ever digital cinematography camera which was capable of capturing and recording
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`compressed RAW image data, on board, at 2k and higher resolution images, and at a frame rate of
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`at least about 23 frames per second. Specifically, our cameras compress and record raw digital
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`image data having a resolution of at least 2k (including 4k) into a storage device of the camera
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`(e.g., carried on or within a portable housing of the camera) at a frame rate of at least about
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`twenty-three frames per second, where the data remains substantially visually lossless upon
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`decompression. Captured by the claims of the '560 patent, this technology enabled for the first
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`time, digital cinematography cameras and related systems which exhibited stunningly superior
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`quality and ease of use compared to the prior art systems. In only a few years, this invention has
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`revolutionized the cinematography market and the way movies are made.
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`6.
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`RED started shipping the cinema-ready RED ONE® video camera in 2007, followed
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`by RED EPIC® and SCARLET® cameras in 2010 and 2011, respectively.
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`7.
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`8.
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`All of the cameras sold by RED are covered by the claims of the '560 patent.
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`RED has enjoyed tremendous success in making and selling cinema-ready video
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`cameras. RED's total revenues from sales of those cameras since 2007 are over $500 million.
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`Over $225 million of this amount is from direct sales of RED ONE, RED EPIC, and SCARLET
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`cameras. Moreover, substantially all of the remaining revenues are derived from sales accessories
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`to those cameras, including sales of camera upgrades, digital camera storage, lenses, etc.
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`9.
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`Top directors and cinematographers, who have in the past resisted adoption of
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`digital cameras, have recently embraced the RED technology and filmed numerous feature length
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`productions using RED's cameras. Productions shot on RED's cameras have generated retail
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`ticket sales revenue in excess of $7.4 billion. Roughly 3600 productions have been shot on RED's
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`cameras
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`10.
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`The following list includes a selection of recent and notable major motion pictures
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`that have either been shot on RED cameras or are currently being shot on RED cameras:
`The Sessions
`Werewolf: The Beast Among Us
`My Amityville Horror
`Dredd
`Unconditional
`Super Cyclone
`Resident Evil: Retribution
`Fire with Fire
`Bachelorette
`Nitro Circus: The Movie
`Total Recall (2012)
`Step Up Revolution
`The Amazing Spider-Man
`Bad Kids Go To Hell
`Magic Mike
`Katy Perry Part of Me
`That's My Boy
`Snow White and the Huntsman
`Maniac
`Crooked Arrows
`LOL
`Get the Gringo
`Because I Love You
`Future Weather
`Think Like a Man
`Bad Ass
`Wrath of the Titans
`Ghost Rider: Spirit of Vengeance
`
`300: Rise of an Empire**
`The Hobbit: The Desolation of Smaug**
`Thor 2: The Dark World**
`Ender's Game**
`Elysium**
`Pacific Rim**
`The Bling Ring*
`Star Trek Into Darkness*
`The Great Gatsby*
`42*
`Oz: The Great and Powerful*
`Jack the Giant Slayer
`The Hobbit: An Unexpected Journey
`Flight
`Prometheus
`The Girl with the Dragon Tattoo
`Contagion
`The Social Network
`I, Frankenstein**
`Walking with Dinosaurs 3D**
`The Monkey King**
`Patriot Act**
`Grown Ups 2**
`Sons of Liberty
`Much Ado About Nothing*
`20 Feet From Stardom*
`This is the End*
`12 Rounds: Reloaded
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`The Kings of Summer*
`Once Upon a Time in Brooklyn
`Caroline and Jackie
`Pain & Gain*
`Love Sick Love
`King's Faith
`Cloned: The Recreator Chronicles
`Pawn
`Oblivion*
`Filly Brown
`The Lords of Salem
`Dark Circles
`To the Wonder
`Brilliant Mistakes
`Buck Wild
`The Shift
`The ABCs of Death
`The Secret Village
`Detour
`Cleaver Family Reunion
`Mental
`A Resurrection
`Love and Honor
`23 Minutes to Sunrise
`Phantom
`Along the Roadside
`Snitch
`The Power of Few
`White T
`Side Effects
`Girls Against Boys
`John Dies at the End
`Movie 43
`Parker
`V/H/S/2
`Sound City
`Stand Up Guys
`The Baytown Outlaws
`Texas Chainsaw 3D
`Universal Soldier: Day of Reckoning
`Hitchcock
`Death Race: Inferno
`LUV
`Maximum Conviction
`The Man with the Iron Fists
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`-4-
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`California Solo
`The First Time
`Haywire
`Underworld: Awakening
`Breathless
`Curfew
`Legend of the Red Reaper
`The Muppets
`October Baby
`Exhumed
`Dorfman in Love
`Margin Call
`Red State
`Our Idiot Brother
`Fright Night
`Beginners
`Pirates of the Caribbean: On Stranger
`Tides
`Hesher
`The Lincoln Lawyer
`Samuel Bleak
`Drive Angry
`State of Emergency
`Blue Valentine
`Rabbit Hole
`Skyline
`Jackass 3D
`Fair Game
`Hatchet II
`Leaves of Grass
`Winter's Bone
`MacGruber
`The Happy Poet
`Green Zone
`Solitary
`Inside Job
`The Final
`The Book of Eli
`The Lovely Bones
`Splinterheads
`The Informant
`Beyond a Reasonable Doubt
`Gamer District 9
`Labor Pains
`The Girlfriend Experience
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`Silent Hill: Revelation 3D
`Chasing Mavericks
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`Angels & Demons
`Knowing
`My Bloody Valentine 3D
`Jumper
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`*Currently in theaters, as of June 25, 2013.
`**Currently in production or otherwise not yet released, as of June 25, 2013.
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`II.
`
`THE USE OF FILM MOVIE CAMERAS
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`11. Before the introduction of cinema-ready digital movie cameras, all major motion
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`pictures and many other productions were shot with film cameras. Such film cameras presented a
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`number of long standing problems. For example, (A) immediate, on-set playback of recorded film
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`footage was impossible (B) the equipment associated with film was bulky, and costly to operate
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`and transport, and (C) digital editing of emulsion film footage required chemically developing the
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`emulsion film and scanning from film to digital before digital editing, among other drawbacks.
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`A.
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`On-Set Playback
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`12. Generally speaking, shooting video with a film camera is like flying blind; one cannot
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`be sure of what has been captured on film until the film has been developed. Developing one reel
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`of film, from the moment the reel is removed from the camera, usually requires at least several
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`hours up to days, for example, when shooting in remote locations. Thus, when working with film,
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`production teams work very hard and use their best photographic practices in the hopes of
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`obtaining film that can be used for final production, with no or minimal postproduction editing
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`requirements to compensate for errors made during shooting.
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`13.
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`In order to provide production teams with some idea of what had been captured by a
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`film camera, parallel electronic recording systems have been used for many years. One type of
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`system is known as "video assist". In some known video assist systems, an optical "video tap" was
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`used to digitally record the images channeled through the eyepiece of the camera, on to video tape.
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`14.
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`Such video tape recordings generally showed the same scene as what has been
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`captured on film, but they may not and often do not provide an accurate representation of the
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`detail, tone, and colorimetry of the images captured on the film. The resulting resolution of the
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`video taped images was also very low compared to the film. Without accurate on-set playback,
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`production teams often did not discover problems in the filming until later when the film was
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`developed thus occasionally requiring the team to re-shoot a scene on a subsequent day, at great
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`expense. Depending on budget issues, reshooting was not always an option. Thus, production
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`teams were sometimes forced to use suboptimal film.
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`B.
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`Film Cameras and Associated Equipment was Bulky, Costly to Operate and Transport
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`15.
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`Film Cameras are large. For Example, the Arri 435 was widely used in the cinema
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`production market. With a film magazine attached this camera, but without a lens, the ARRI 435
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`weighs 20 lbs. The overall dimensions of this camera, with a film magazine and grip connected but
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`without a lens, are about 15½"(1ength) x 10" (width) x 10½" (height).
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`16.
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`Film itself presented difficulties. For example, a film magazine with a 400 ft capacity
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`used with the Arri 435 camera noted above, weighs about 7 pounds. When shooting at a normal
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`frame rate (roughly 24 frames per second), one canister contained enough film for approximately
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`3. 5 minutes of shooting. Thus, one day of shooting would require many film magazine changes.
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`Often times multiple cameras are used, thereby multiplying the requirement for film magazine
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`changes.
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`17. Additionally, film must be stored in a controlled environment, more specifically, at
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`approximately 60° and 40% humidity. Thus, when shooting outside of a studio, all of the film
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`required for that day must be stored on-site in refrigerated trucks or other mobile, temperature(cid:173)
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`controlled storage devices, which require power.
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`C.
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`Post Production Editing Of Film Footage
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`18. Very few movies, if any, are produced without any post-production digital editing.
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`Most recently produced movies have undergone substantial digital editing prior to release.
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`In
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`order to digitally edit anything shot with film, the film must be scanned into a digital format, which
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`requires a significant amount of time and cost.
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`19.
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`A scanned digital version of film, however, is not a native version of the recorded
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`footage. Such scans have inherent differences from the film which result from the scannmg
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`process. Scanning also presents limitations as to the types of editing one can perform.
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`III. KNOWN DIGITAL CAMERAS BEFORE THE INTRODUCTION OF ON BOARD
`VISUALLY LOSSLESS COMPRESSED 2K RAW
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`20.
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`Prior to the effective filing date of the present patent (April 11, 2007) there were a
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`number of commercially available digital cameras. However, these cameras had drawbacks that
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`kept them from becoming widely accepted as alternatives to film-based production. For instance,
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`there were significant problems associated with cameras that (1) only stored fully rendered video
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`clips, or (2) could only store uncompressed raw video data, for example, tethered to large, off(cid:173)
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`board storage devices.
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`A.
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`Problems With Non-RAW Digital Cameras
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`21. Many prior art digital motion cameras did not record RAW image data. Rather,
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`these cameras processed and colorized the raw data read from the associated image sensor to
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`convert the raw image data into video clips. In that conversion, these cameras perform irreversible
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`processes on the data. The resulting characteristics of such irreversible processes can be referred
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`to as being "baked-in" to the recorded video clips. Such irreversible processes can include
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`demosaicing algorithms, specific color and/or tone processing algorithms, and the like.
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`22.
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`Thus, cameras that record only rendered (non-raw) video clips limit the user's
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`options for post processing. Despite the significant inconvenience in using film, such early digital
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`cameras were not accepted as replacements for film cameras. The Sony HDW-F900 and
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`Panasonic Varicam, DVXl 00, and HVX200 are all examples of this type of camera. These
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`cameras all recoded rendered video onto video tape. As such, the recorded video clips created by
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`these cameras included baked-in effects. For at least these reasons, all of these cameras proved
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`inadequate for the cinema market.
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`B.
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`Problems With Digital Cameras That Stored Video Data on Tethered to Storage Arrays
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`23.
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`Recording uncompressed digital motion picture footage at resolutions of at least 2k
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`requires a huge amount of storage. Thus, some prior cameras streamed data over a cable to large
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`arrays of storage devices. One example is the Dalsa Origin camera built by Dalsa Corporation.
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`Such tethered systems had a number of drawbacks. For example, the storage arrays were not only
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`expensive, but they were also physically large and difficult to move. Because they were tethered to
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`the camera, they created complications in mobile shooting environments; scenes requiring boom(cid:173)
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`mounted cameras, vehicle-mounted cameras, aircraft-mounted cameras or requiring the relevant
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`cameras to be moved a long distance over the ground (more than 30 feet). Extra crew members
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`were necessary to manage operation of the storage arrays, the associated cables, etc.
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`IV. THE INTRODUCTION OF RED'S CAMERAS CAUSED THE CINEMA CAMERA
`MARKET TO QUICKLY SHIFT TOW ARD DIGITAL
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`24. By delivering to the cinema market the compressed RAW recording capability
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`claimed in the '560 patent, RED's cameras changed the nature of the motion picture production
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`industry by providing a number of benefits, both during production and post-production.
`
`A.
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`On-Set Benefits
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`25.
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`The compressed RAW recording techniques claimed in the '560 patent provide a
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`number of benefits during production, "on-set". For example, it enables on-board storage of
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`visually lossless, compressed at least 2k resolution RAW footage, onto a storage device of the
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`camera ( e.g., carried on or within a portable housing of the camera), without the use of tethered
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`storage arrays. This addressed the above-noted complications and costs associated with large,
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`tethered storage arrays, such as the expense of having to purchase and maintain storage arrays,
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`problems with mobility including boom-mounting, vehicle-mounting, aircraft-mounting etc.
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`26.
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`In addition, because the compressed RAW recording techniques are such that the
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`data remains visually lossless upon decompression, on-set playback with a sufficiently high(cid:173)
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`resolution monitor allows cinematographers to confirm whether the shot is as desired. If on-set
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`playback reveals any unwanted artifacts or other undesired result, the scene can be re-shot
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`immediately. This capability can produce enormous cost savings.
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`B.
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`Benefits in post-production
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`27.
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`The compressed RAW recording techniques claimed in the '560 patent provide a
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`number of benefits during post-production as compared to prior art digital cameras, such as prior
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`non-RAW digital cameras.
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`28.
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`For instance, because the recorded files are RAW, they do not include characteristics
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`resulting from a non-reversible de-bayering process. Thus, such RAW data can be developed in
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`post-production in a more highly customizable fashion. As an example, because characteristics
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`resulting from non-reversible demosaicing algorithms are not included in the recorded image data,
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`users can select from many optional demosaicing algorithms to apply in post-production to achieve
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`a variety of different aesthetic affects resulting from different demosaicing processes.
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`29.
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`In addition, in contrast to previous non-RAW cameras, users have greater ability to
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`control dynamic range in post-production, allowing them to more fully exploit the dynamic range
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`of the system.
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`30.
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`The added user flexibility in post-production also provides the benefit of "future
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`proofing". For example, a user today can develop a compressed RAW file (e.g., apply selected
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`demosaic and/or color processing algorithms) that was recorded years ago. Thus, users can take
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`advantage of improved demosaicing algorithms, color processing algorithms, etc., that did not even
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`exist when the footage was recorded.
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`31.
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`For the first time, "post production" functions can be accomplished immediately after
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`filming, in the field, providing great flexibility to reshoot or providing confidence that the scene
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`was captured as desired.
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`32. All statements made herein of my own knowledge are true. All statements made on
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`information and belief are believed to be true. These statements were made with the knowledge
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`that willful false statements and the like so made are punishable by fine, imprisonment, or both,
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`under 18 U.S.C. § 1001, and that such willful false statements may jeopardize the validity of the
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`application or any patent issuing therefrom.
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`...
`Date
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`1570474]
`062813
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