UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________________
`
`DATASPEED INC.
`Petitioner
`
`v.
`
`SUCXESS, INC.
`Patent Owner
`
`Case No. IPR2020-00116
`U.S. Patent No. 9,871,671
`
`DECLARATION OF ROBERT LEALE IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`U. S. PATENT NO. 9,871,671 UNDER 35 U.S.C. §§ 311-319 AND
`37 C.F.R. § 42.100 ET SEQ.
`
`Petitioner's Exhibit 1003
`Page 1 of 131
`
`

`

`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION ........................................................................................... 6
`
`II. MY EXPERIENCE AND QUALIFICATIONS ............................................. 6
`
`III.
`
`STATUS AS AN INDEPENDENT EXPERT ..............................................10
`
`IV. MATERIALS CONSIDERED AND BASIS OF OPINIONS......................11
`
`V.
`
`REFERENCE ACCESSIBILITY ..................................................................12
`
`Ex. 1005 - Dietz – Installation Manual For A Multimedia Interface
`1280 (“Dietz”) (Ex. 1005)...................................................................12
`
`Ex. 1006 - Negley, Getting Control Through CAN, Sensors, October
`2000, Vol. 17, #10, (Ex.1006) (“Negley”) ..........................................14
`
`Ex. 1009 - SAE Technical Paper Series, 930005, A Gateway For CAN
`Specification 2.0 Non-Passive Devices , Szydlowski published
`and copyrighted 1993 (“SAE”) (Ex. 1009)..........................................15
`
`Ex. 1010 - Robert Bosch GbmH, CAN Specification, Version 2.0,
`1991(“Bosch”) .....................................................................................16
`
`Ex. 1011 - Johansson, Vehicle Applications Of Controller Area
`Network, Handbook of Networked and Embedded Control
`Systems, 2005, pages 741-765. (Ex. 1011)........................................16
`
`Ex. 1015 - Taube, Comparison Of CAN Gateway Module For
`Automotive And Industrial Control Apparatus, CAN In
`Automation 2005. (Ex. 1015)..............................................................17
`
`VI. DESCRIPTION OF THE RELEVANT FIELD AND THE RELEVANT
`TIMEFRAME ................................................................................................19
`
`VII. THE PERSON OF ORDINARY SKILL IN THE RELEVANT FIELD IN
`THE RELEVANT TIME FRAME................................................................20
`
`VIII. BACKGROUND ON CAN SYSTEMS........................................................21
`
`IX. OVERVIEW OF THE ‘671 PATENT ..........................................................34
`
`Petitioner's Exhibit 1003
`Page 2 of 131
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`

`

`X.
`
`UNPATENTABILITY BASED ON PRIOR ART IN THE PRESENT
`PROCEEDINGS............................................................................................44
`
`GROUND 1: CLAIMS 1-15 AND 19 ARE OBVIOUS BASED ON MUNOZ USP
`No. 7,737,831 (“Munoz”), IN VIEW OF BOSCH, CAN Specification
`(Bosch, Ex. 1010),NEGLEY, GETTING CONTROL THROUGH CAN, EX.
`1008 (“Negley, Ex. 1006”) AND SAE Technical Paper Series, 930005, A
`Gateway For CAN Specification 2.0 Non-Passive Devices , Szydlowski
`published and copyrighted 1993 (“SAE”) (Ex. 1009) ...................................48
`
`GROUND 2: CLAIMS 1-19 ARE OBVIOUS BASED ON MUNOZ, IN VIEW OF
`BOSCH, CAN Specification (Bosch, Ex. 1010), Negley, AND ALSO IN
`VIEW OF LOBAZA US PATENT NO. 6,812,832, EX. 1014 (“LOBAZA”)
`.......................................................................................................................48
`
`Claim 1 of the ‘671 Patent.............................................................................57
`
`Claim 2...........................................................................................................63
`
`Claim 3...........................................................................................................64
`
`Claim 4...........................................................................................................64
`
`Claim 5...........................................................................................................66
`
`Claim 6...........................................................................................................66
`
`Claim 7...........................................................................................................68
`
`Claim 8...........................................................................................................70
`
`Claim 9...........................................................................................................71
`
`Claim 10.........................................................................................................71
`
`Claim 11.........................................................................................................76
`
`Claim 12.........................................................................................................77
`
`Claim 13.........................................................................................................79
`
`Claim 14.........................................................................................................79
`
`Claim 15.........................................................................................................81
`
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`

`

`Claim 16.........................................................................................................84
`
`Claim 17.........................................................................................................87
`
`Claim 18.........................................................................................................88
`
`Claim 19.........................................................................................................89
`
`GROUND 3: CLAIMS 1-19 ARE OBVIOUS BASED ON DIETZ, IN VIEW OF
`BOSCH, CAN Specification (Bosch, Ex. 1010),Negley, AND SAE............90
`
`GROUND 4: CLAIMS 16-18 ARE OBVIOUS BASED ON DIETZ, IN VIEW OF
`BOSCH, CAN Specification (Bosch, Ex. 1010),Negley, SAE and Further In
`view of Lobaza US Patent No. 6,812,832, Ex. 1014 (“Lobaza”)..................90
`
`Claim 1...........................................................................................................92
`
`Claim 2.........................................................................................................103
`
`Claim 3.........................................................................................................104
`
`Claim 4.........................................................................................................106
`
`Claim 5.........................................................................................................106
`
`Claim 6.........................................................................................................106
`
`Claim 7.........................................................................................................111
`
`Claim 8.........................................................................................................113
`
`Claim 9.........................................................................................................114
`
`Claim 10.......................................................................................................114
`
`Claim 11.......................................................................................................118
`
`Claim 12.......................................................................................................119
`
`Claim 13.......................................................................................................120
`
`Claim 14.......................................................................................................120
`
`Claim 15.......................................................................................................121
`
`Petitioner's Exhibit 1003
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`

`

`Claim 16.......................................................................................................125
`
`Claim 17.......................................................................................................125
`
`Claim 18.......................................................................................................125
`
`Claim 19.......................................................................................................128
`
`XI.
`
`SIGNATURE...............................................................................................130
`
`APPENDIX A – MATERIALS CONSIDERED
`
`Petitioner's Exhibit 1003
`Page 5 of 131
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`

`

`I.
`
`INTRODUCTION
`
`1.
`
`I, Robert Leale, of 1025 Valleyview Drive, Clarkston, Michigan,
`
`USA, have been retained by Davidson Berquist Jackson & Gowdey LLP on behalf
`
`of Dataspeed, Inc., to provide an analysis of the scope and content of U.S. Patent
`
`Nos. 9,871,671 (“the ’671 patent”) relative to the state of the art at the time of the
`
`earliest application underlying the ‘671 patent. In particular, my analysis relates to
`
`claims 1-19 of the ‘671 patent. I have also been retained to provide analysis
`
`regarding what a person of ordinary skill in the art related to the use of CAN
`
`systems and adding aftermarket devices into such systems would have understood
`
`at the time of the earliest application underlying the ’671 patent.
`
`2.
`
`This report summarizes the opinions I have formed to date. I reserve
`
`the right to modify my opinions, if necessary, based on further review and analysis
`
`of information that I receive subsequent to the filing of this report, including in
`
`response to positions taken by Sucxess LLC or its experts that I have not yet seen.
`
`II. MY EXPERIENCE AND QUALIFICATIONS
`
`3.
`
`I have a BA in Communications and a BA in French from Grand
`
`Valley State University, in Allendale Michigan.
`
`4.
`
`From 1998 through 2003, I was an employee of Grandville Public
`
`Schools (GPS) working as a PC/Network Technician. At GPS I worked with
`
`teachers, administrators, and students to help solve PC and networking issues.
`
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`

`

`Around 2001, my primary role was to maintain the school districts Administration
`
`Office including the Superintendent, Financial Officer, and Accounting groups. I
`
`was in charge of maintaining the computers as well as the computer networks. As
`
`all network traffic flowed through the district’s Admin Office, I was part of a small
`
`team who were responsible for updating, installing, troubleshooting, and fixing the
`
`district’s network infrastructure.
`
`5.
`
`From February 2005 through February 2010, I was an Application
`
`Engineer at Intrepid Control Systems, Inc. where I trained and assisted customers
`
`such as GM, Ford, Chrysler and their suppliers with understanding testing and
`
`integration problems of vehicle network systems including CAN Bus, J1850, K-
`
`Line (ISO-9141), LIN Subbus, FlexRay, and other data busses. My work also
`
`included, but was not limited to, test automation for durability tests, data bus
`
`protocol training and support, application engineering, and much more. I also
`
`assisted customers in Vehicle Data Reverse Engineering a.k.a. competitive analysis
`
`of proprietary vehicle systems for the purpose of comparison and, in some cases,
`
`patent infringement.
`
`6.
`
`Along with Original Equipment Manufacturers (OEMs) including
`
`Ford, GM and Chrysler, Intrepid Control Systems’ customers were vehicle after-
`
`market manufacturers. These aftermarket companies created vehicle network
`
`interface devices that connected to vehicle data busses to communicate with
`
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`

`

`proprietary vehicle data busses and equipment on those systems. Among these
`
`where companies looking to communicate with vehicle systems to read data from
`
`the vehicle network, in order to communicate with factory-installed Navigation
`
`Systems, factory-installed Radio Systems, factory-installed Starting Systems, and
`
`much more. In my time at Intrepid Control Systems, I worked with many of these
`
`companies to assist in developing vehicle message databases to communicate
`
`primarily on the Vehicles CAN Bus Systems. It was with this understanding of the
`
`value of this interaction with the factory-installed vehicle data bus systems, and
`
`aftermarket retrofit controllers, that I decided to start my first company in 2010.
`
`7.
`
`Beginning in 2010 until the present I have been the President of
`
`CanBusHack, Inc. (“CBH”) the purpose and goal being to create, perform, and
`
`report on vehicle system institutes through responsible disclosure. At CBH we
`
`assessed vehicle combination systems including telematics, can bus, Ethernet,
`
`Bluetooth, Embedded Firmware Reverse Engineering and standard RF
`
`communication, using such items as key fobs, and TPMS assessments. We also
`
`provide Vehicle Reverse Engineering Services to customers who seek to learn
`
`more about vehicle data systems including, but not limited to, CAN Bus data
`
`reverse engineering, security algorithm extraction, embedded system firmware
`
`extraction and analysis, and total vehicle data assessment.
`
`8.
`
`Since 2010, while at CanBusHack, Inc., I also created a blog that
`
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`

`

`assisted others in vehicle network reverse engineering and how to get started in this
`
`field.
`
`9.
`
`In 2011, I taught a workshop at Def Con 19 on Vehicle Networks
`
`Hacking and Vehicle Data Reverse Engineering that looked at how to get started in
`
`vehicle network communication reverse engineering.
`
`10.
`
`In 2013, I taught a workshop on Vehicle Networks Reverse
`
`Engineering and Reverse Engineering Vehicle Data at Blackhat Europe.
`
`11.
`
`From 2012-2019 I taught and created courses at the Center for
`
`Advanced Vehicle Environments (CAVE) on Vehicle Data Reverse Engineering
`
`that dealt with understanding how vehicle systems work and how to Reverse
`
`Engineer vehicle embedded systems.
`
`12. During 2014-2019, I developed and taught courses at Blackhat USA
`
`in Las Vegas, NV, dealing with Vehicle CAN Bus Communications and
`
`Diagnostics and Reverse Engineering Vehicle Data
`
`13.
`
`From 2016-2019, I taught courses at the Cyber Truck Challenge
`
`focused on Heavy Duty Truck hacking and cybersecurity.
`
`14.
`
`From 2016-2017, I taught Vehicle Hacking Hands-On Course at the
`
`Netherlands Forensic Institute (NFI) in The Hague, to train Interpol agents on
`
`Vehicle Hacking and Digital Automotive Forensics.
`
`15.
`
`In 2017, I taught Vehicle Network Reverse Engineering at
`
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`

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`Hardware.io conference in The Hague
`
`16.
`
`I am also the founder and organizer of The Car Hacking Village
`
`(CHV) that began in 2015, and is an interactive, hands-on learning village, that is
`
`found at many hacking conferences such as Def Con, Hack In The Box,
`
`Hardware.IO, CypherCon, DerbyCon, THOTCon, GrrCon, BSides Tampa, and
`
`many others through the US and the world. The CHV aims to bring collaboration
`
`of vehicle hacking with the vehicle manufacturers that support companies such as
`
`Tesla, Mazda, GM and Fiat-Chrysler (FCA).
`
`17.
`
`I have also served as an expert in two matters involving AAMP of
`
`Florida, Inc., one involving Audionics Systems, Inc. concerning patent validity and
`
`infringement issues, and another involving Automotive Data Solutions, Inc.
`
`dealing with infringement issues.
`
`18. A copy of my curriculum vitae is included herein after my signature.
`
`III.
`
`STATUS AS AN INDEPENDENT EXPERT
`
`19. As noted above, I have been retained in this matter by Davidson
`
`Berquist Jackson & Gowdey LLP on behalf of Dataspeed Inc., to provide an
`
`analysis of the scope and content of the ‘671 patent relative to the state of the art at
`
`the time of the earliest application underlying the ‘671 patent. In particular, I have
`
`been retained to provide analysis regarding what a person of ordinary skill in the
`
`art related to packaging for semiconductor-based light emitting devices would have
`
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`

`

`understood at the time of the earliest application underlying the ‘671 patent.
`
`20.
`
`I am being compensated at the rate of $200 per hour for my work,,
`
`and my fee is not contingent on the outcome of any matter or of any of the
`
`technical positions I explain in this declaration. I have no financial interest in the
`
`petitioners.
`
`21.
`
`I have been informed that Sucxess LLC (the “Patent Owner”) owns
`
`the ‘671 patent. I have no financial interest in the Patent Owner or the ‘671 patent,
`
`nor to my recollection have I ever had any contact with the Patent Owner or the
`
`listed inventor of the ‘671 patent.
`
`IV. MATERIALS CONSIDERED AND BASIS OF OPINIONS
`
`22. My opinions set forth herein are based on more than 14 years of
`
`working with CAN systems, and more than 22 years of working with vehicle
`
`network systems, especially for automotive uses and installations, as well as my
`
`teaching and work experience in the CAN and hacking fields. My opinions are
`
`also based upon investigation and study of the relevant materials including the
`
`‘671 patent at issue and their file histories, the prior art and the exhibits of record
`
`in the Petition.
`
`23.
`
`I may rely upon these materials and/or additional materials to rebut
`
`arguments raised by the Patent Owner. Further, I may also consider additional
`
`documents and information in forming any necessary opinions – including
`
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`

`

`documents that may not yet have been provided to me.
`
`24. My analysis of the materials relevant to this proceeding is ongoing,
`
`and I will continue to review any new material as it is provided. This declaration
`
`presents only those opinions I have formed to date. I reserve the right to revise,
`
`supplement, and/or amend my opinions stated herein based on new information,
`
`and on my continuing analysis of the materials already provided.
`
`25.
`
`I have carefully reviewed the ‘671 patent. For convenience, all the
`
`information that I considered in arriving at my opinions is listed in Appendix A.
`
`V.
`
`REFERENCE ACCESSIBILITY
`
`26.
`
`I understand that “[a] reference will be considered publicly accessible
`
`if it was disseminated or otherwise made available to the extent that persons
`
`interested and ordinarily skilled in the subject matter or art exercising reasonable
`
`diligence, can locate it.” GoPro, Inc. v. Contour IP Holding LLC, 908 F.3d 690,
`
`693 (Fed. Cir. 2018).
`
`Ex. 1005 - Dietz – Installation Manual For A Multimedia Interface 1280
`(“Dietz”) (Ex. 1005)
`
`27. Dietz is a six page installation guide (in German, French and English)
`
`dated “30.11.04” (November 30, 2004). Ex. 1005 dealing with a retrofit 1280
`
`interface module.
`
`28.
`
`It is my opinion that the Dietz installation manual or guide for the
`
`1280 retrofit kit was publicly accessible at least at early as October 21, 2005. I
`
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`

`

`understand that from an invoice dated October 21, 2005 showing that
`
`Audiotechnik Dietz Vertrieba GmbH, Benzstrasse 12 D-67269 Gruntadt, sold four
`
`retrofit 1280 multimedia interface modules to Perzan Auto Radio of Upper Darby,
`
`Pennsylvania. Ex. 1012.
`
`29. A technician purchasing a retrofit kit in 2005 would typically want
`
`guidance from the manufacturer regarding how to install the kit. I have personally
`
`installed many retrofit kits, and in my experience they have come with installation
`
`or wiring connection instructions or manuals. Dietz, Ex. 1005, is such an
`
`installation guide and is consistent with the type of guides manufacturers provided
`
`to the public in 2005. It is my opinion that Dietz 1280 module and installation
`
`manual was targeted for public consumption and would have been at least made
`
`available, if not provided with, a 1280 retrofit kit. For example, the Dietz, the
`
`installation guide, is provided in multiple languages, indicating a worldwide focus.
`
`The level of instruction of Dietz is directed to the level of skill at or below the level
`
`a technician, again suggesting public distribution. A purchaser of a 1280 retrofit
`
`kit could, in my opinion, exercise reasonable diligence in locating it by requesting
`
`a copy from the manufacturer, Audiotechnik Dietz Vertrieba GmbH. I note that
`
`the web addresses, postal addresses, and phone numbers are provided on Dietz,
`
`suggesting that the manufacturer desired to be contacted regarding the 1280 retrofit
`
`kit.
`
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`

`30. Consistent with my understanding of the public accessibility of Dietz,
`
`Ex. 1013 is a collection of screenshots of Internet Archive webpages, which show
`
`the archiving of the Dietz installation manual on March 16, 2005. I understand this
`
`screenshot was created by first searching Google for the “dietz 1280 multimedia
`
`installation manual” and entering the link address for a search result into the
`
`Internet Archive. The URL address for this is
`
`“https://web.archive.org/web/20050316204956/http://www.tm-
`
`techmark.com/touareg/PDFfiles/1280anl.pdf.”
`
`Ex. 1006 - Negley, Getting Control Through CAN, Sensors, October
`2000, Vol. 17, #10, (Ex.1006) (“Negley”)
`
`31.
`
`The Negley article was published in an October 2000 issue of Sensors
`
`magazine, Issue 17, No 10, and, in my opinion, was targeted for public
`
`consumption, through its publication, to be accessed by persons of ordinary skill in
`
`the early 2000’s. Negley describes, shows, and explains many details of CAN
`
`systems, CAN bus messaging, CAN protocols, and, in my opinion, was publically
`
`available at least as early as October 2000.
`
`32.
`
`In my opinion, Negley is consistent with the types of articles a person
`
`of ordinary skill in the art would find in trade magazines. I believe a person of
`
`ordinary skill in the field of communications between vehicle components in the
`
`early 2000’s could access Sensors magazine either through subscription, from a
`
`technical library, or from the publisher in the early 2000’s because I believe the
`
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`

`

`purpose of the Sensor magazine was to provide content to engineers in the sensors
`
`and CAN system fields, and I am also aware that Sensors magazine is the sponsor
`
`of the Sensors Expo & Conferences, to make technical information available to the
`
`public.
`
`33.
`
`Examining the content of this article, I believe its copyright date for
`
`this issue of the Sensor’s magazine is consistent with the level of ordinary skill on
`
`that date, and was of interest to those working in CAN systems in the early 2000’s.
`
`Further, there is nothing in Negley that is inconsistent with the state of the CAN art
`
`at the time, nor anything that would suggest a different date. Additionally, the
`
`citations at the end of the article, along with the listing of CAN silicon
`
`manufacturers, and CAN tool suppliers, demonstrates a wide spectrum of sources
`
`and levels of interest in CAN systems.
`
`Ex. 1009 - SAE Technical Paper Series, 930005, A Gateway For CAN
`Specification 2.0 Non-Passive Devices , Szydlowski published and
`copyrighted 1993 (“SAE”) (Ex. 1009)
`
`34.
`
`I personally obtained a copy of this SAE paper, Ex. 1009, from the
`
`SAE website which is considered a technical library, and one important role of
`
`SAE is to publish and disseminate technical articles and papers. I have personally
`
`used the SAE library and website for many years when looking for technical
`
`papers, and routinely obtain materials therefrom. Many individuals, including
`
`POSITAs, rely on SAE’s library and website to search for and obtain technical
`
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`

`

`papers, and, in my opinion, this SAE paper has been publically available since at
`
`least since its copyright date of 1993. I also note that Ex. 1009 bears on the front
`
`page an SAE Library stamp and a date of 3-3-93.
`
`Ex. 1010 - Robert Bosch GbmH, CAN Specification, Version 2.0,
`1991(“Bosch”)
`
`35.
`
`I have been aware of this 1991 Bosch CAN specification, referenced
`
`as CAN 2.0A, for many years and that it was internationally standardized in 1993
`
`as ISO 11898-1. I personally obtained this Exhibit copy of the Bosch CAN
`
`Specification in December 2005.
`
`36.
`
`In my opinion this Bosch CAN Specification has been publically
`
`available since at least 1991 to everyone working in the field, including in CAN
`
`systems, and continues to be of great interest to those individuals as a resource
`
`tool.
`
`Ex. 1011 - Johansson, Vehicle Applications Of Controller Area
`Network, Handbook of Networked and Embedded Control Systems,
`2005, pages 741-765. (Ex. 1011)
`
`37.
`
`This article on gateways is from a Handbook of Network and
`
`Embedded Control Systems with a copyright date of 2005, and a Library of
`
`Congress Catalog-in-Publication date also of 2005.
`
`38.
`
`In my opinion, this Handbook would have been of great interest to
`
`those working with CAN bus and other types of control systems, and the Preface
`
`confirms my opinion by noting that the purpose of this Handbook was to assemble
`
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`

`

`together a collection of articles so that all could be made available to and used as a
`
`resource tool by experts, researchers, and developers.
`
`39.
`
`In my opinion, this Handbook and its articles, are consistent with the
`
`types of articles a person of ordinary skill in the art would find a Handbook of
`
`networked control systems. I believe a person of ordinary skill in the field of
`
`communications between vehicle components in 2005 could access this Handbook
`
`either from a technical library, or from the publisher in 2005 because I believe the
`
`purpose of this Handbook, as noted above, was to target its articles for public
`
`consumption and to provide its content to engineers in the field. Examining the
`
`content of the Johannsson article, I believe its copyright date of 2005 is consistent
`
`with the level of ordinary skill on that date. I do not see anything in the article that
`
`would suggest a different date of publication.
`
`Ex. 1015 - Taube, Comparison Of CAN Gateway Module For
`Automotive And Industrial Control Apparatus, CAN In Automation
`2005. (Ex. 1015)
`
`40.
`
`This article on a Comparison of CAN gateway modules is from a
`
`CAN In Automation (CIA) ICC 2005 proceedings publication, specifically pages
`
`06-1-06-7. CIA is a very well-known organization and this paper was presented at
`
`the 10th International CAN Conference in Rome, Italy that was held March 08-10,
`
`2005, as noted on the front page of the Exhibit.
`
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`

`

`41. My opinion is confirmed by the CIA website that identifies CAN in
`
`Automation (CiA) as an international users’ and manufacturers’ group for the CAN
`
`network (Controller Area Network), internationally standardized in the ISO 11898
`
`series, and the CIA promotes CAN system technology, regularly conducts
`
`international conferences, and publishes proceedings from those conferences. The
`
`CIA was established in March 1992 in order to provide an independent body to
`
`collect and to distribute technical, product and marketing information on Controller
`
`Area Network (CAN), to promote CAN’s image, and to provide a path for future
`
`developments of the CAN protocol. CiA also offers seminars and conferences,
`
`publications, CANopen testing, and last but not least the promotion of CAN
`
`technology.
`
`42.
`
`This Taube article, in my opinion was targeted for public consumption
`
`and would have been at least made available at the 2005 conference and through
`
`the CIA Proceedings publication, and is consistent with the types of articles a
`
`person of ordinary skill in the art would find being presented at CIA conferences
`
`and in CIA publications. I believe a person of ordinary skill in 2005 could access
`
`this Taube article either through attending the 10th CIA conference, by obtaining a
`
`copy of the published Proceedings, from the CIA technical library, or from the
`
`publisher in 2005 since one significant objective of CIA is he distribution of
`
`information about CAN systems and related technical information. Examining the
`
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`

`

`content of the article, I believe its copyright date of 2005 is consistent with the
`
`level of ordinary skill on that date, and I do not see anything in the article that
`
`would suggest a different date of publication.
`
`43. Based on my review, these materials provide evidence of the state of
`
`knowledge in the relevant art as of April 30, 2007. I believe that the relevant field
`
`for purposes of the ‘671 patent is aftermarket (also known as retrofit) devices for
`
`use in automotive CAN Bus systems.
`
`44.
`
`I understand that the relevant timeframe for my analysis is prior to
`
`April 30, 2007, which is the year, month and day the grandparent patent
`
`application of the ‘671 patent was originally filed. Even though I may refer below
`
`to my analysis in the present tense below, all analysis has been performed from the
`
`viewpoint of a as of this April 30, 2007 date.
`
`45. As described above, I have extensive experience in the relevant field
`
`of automotive CAN Bus systems, including experience relating to the hacking into
`
`OEM CAN systems and ways in which one can add aftermarket devices into an
`
`OEM CAN automotive environment. Based on my experience, I have an
`
`established understanding of the relevant field in the relevant timeframe.
`
`VI. DESCRIPTION OF THE RELEVANT FIELD AND THE RELEVANT
`TIMEFRAME
`
`46.
`
`I have carefully reviewed the ‘671 patent. All the material I have
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`considered in arriving at my opinions is listed in Appendix A.
`
`47. Based on my review of these materials I believe that the relevant field
`
`for purposes of the ‘671 patents is CAN systems.
`
`48.
`
`I believe that the relevant timeframe for my analysis is prior to April
`
`30, 2007, which is the date of filing for the earliest application in a list of
`
`corresponding applications to the ‘671 patents.
`
`49. As described above I have extensive experience in CAN systems, and
`
`the hacking thereof, and based on my experience and study of the listed materials I
`
`have established an understanding of the relevant field in the relevant timeframe.
`
`VII. THE PERSON OF ORDINARY SKILL IN THE RELEVANT FIELD
`IN THE RELEVANT TIME FRAME
`
`50.
`
`I have been informed that “a person of ordinary skill in the art”
`
`(sometimes abbreviated as a “POSITA”) is a hypothetical person to whom an
`
`expert in the relevant field could assign a routine task with reasonable confidence
`
`that the task would have been successfully carried out. I have been informed that
`
`evidence of the level of ordinary skill in the art can be determined based on
`
`information about the field including: the types of problems encountered, known
`
`solutions, the speed of innovation, sophistication, and the educational level of
`
`active workers. I have considered these types of information along with my own
`
`background in CAN systems working with students, clients, customers and other
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`professionals in the field to reach my conclusion.
`
`51.
`
`It is my opinion, that the person of ordinary skill in the art at the
`
`relevant would have had a bachelor’s degree in engineering, or at least two years of
`
`work experience in the design, operation, and functioning of CAN systems, and
`
`that additional work experience could substitute for a degree.
`
`52.
`
`
`
` Based on my extensive work and teaching experience, I have
`
`an understanding of the capabilities of a person of ordinary skill in the relevant
`
`field. I have worked with, supervised, directed, and instructed many such persons
`
`over the course of my career.
`
`VIII. BACKGROUND ON CAN SYSTEMS
`
`53.
`
`
`
` Prior to discussing the ‘671 patent, I believe it would be
`
`helpful to the reader to understand CAN system, its protocols, and its message
`
`format.
`
`54.
`
`In the 1980s the functionality of automotive systems was
`
`greatly improved by the introduction of electronics that controlled such things as
`
`ABS braking, exhaust emissions and other vehicle controls. Existing
`
`communication systems were expensive and proved unsuitable for coupling
`
`controllers in vehicles. Robert Bosch GmbH saw a need for a powerful control
`
`system, and created what has become known as a Controlled Area Network or
`
`CAN. Bosch began development in 1983, and was publicly released in 1986 at the
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`SAE conference in Detroit Michigan. Originally, CAN was used only for engine
`
`control, but by 2005 CAN systems and CAN nodes were used for powertrain and
`
`chassis control, body electronics and infotainment systems. (See, Johansson,
`
`Ve