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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________________
`
`DATASPEED INC.
`Petitioner
`
`v.
`
`SUCXESS, INC.
`Patent Owner
`
`Case No. IPR2020-00147
`U.S. Patent No. 10,027,505
`
`DECLARATION OF ROBERT LEALE IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`U. S. PATENT NO. 10,027,505 UNDER 35 U.S.C. §§ 311-319 AND
`37 C.F.R. § 42.100 ET SEQ.
`
`
`
`
`
`Petitioner's Exhibit 1103
`Page 1 of 144
`
`

`

`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 ‘505 PATENT .......................................................... 34
`
`ii
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`

`

`
`
`X. UNPATENTABILITY BASED ON PRIOR ART IN THE PRESENT
`PROCEEDINGS ........................................................................................... 43
`
`GROUND 1: CLAIMS 1-13 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. 1006
`(“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) ................................... 46
`
`Independent Claim 1 ..................................................................................... 55
`
`Claim 2 .......................................................................................................... 60
`
`Claim 3 .......................................................................................................... 61
`
`Claim 4 .......................................................................................................... 62
`
`Claim 5 .......................................................................................................... 63
`
`Independent Claim 6 ..................................................................................... 63
`
`Claim 7 .......................................................................................................... 66
`
`Claim 8 .......................................................................................................... 68
`
`Claim 9 .......................................................................................................... 69
`
`Independent Claim 10 ................................................................................... 69
`
`Claim 11 ........................................................................................................ 72
`
`Claim 12 ........................................................................................................ 73
`
`Claim 13 ........................................................................................................ 75
`
`GROUND 2: CLAIMS 14-16 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”) ....................................................................................... 75
`
`Claim 14 ........................................................................................................ 75
`
`Claim 15 ........................................................................................................ 78
`
`iii
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`

`

`
`
`Claim 16 ........................................................................................................ 79
`
`GROUND 3: CLAIMS 1-13 ARE OBVIOUS BASED ON DIETZ, IN VIEW OF
`BOSCH, CAN Specification (Bosch, Ex. 1010), Negley, AND SAE .......... 80
`
`Independent Claim 1 ..................................................................................... 83
`
`Claim 2 .......................................................................................................... 93
`
`Claim 3 .......................................................................................................... 94
`
`Claim 4 .......................................................................................................... 96
`
`Claim 5 .......................................................................................................... 96
`
`Independent Claim 6 ..................................................................................... 96
`
`Claim 7 ........................................................................................................ 101
`
`Claim 8 ........................................................................................................ 103
`
`Claim 9 ........................................................................................................ 104
`
`Independent Claim 10 ................................................................................. 104
`
`Claim 11 ...................................................................................................... 107
`
`Claim 12 ...................................................................................................... 107
`
`Claim 13 ...................................................................................................... 108
`
`GROUND 4: CLAIMS 1-13 ARE OBVIOUS BASED ON DIETZ, IN VIEW OF
`ALLEN, BOSCH, CAN Specification (Bosch, Ex. 1010), Negley, AND
`SAE ............................................................................................................. 109
`
`GROUND 5: CLAIMS 14-16 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”) ............... 111
`
`GROUND 6: CLAIMS 14-16ARE OBVIOUS BASED ON DIETZ, IN VIEW OF
`Allen, BOSCH, CAN Specification (Bosch, Ex. 1010), Negley, SAE and
`Further In view of Lobaza US Patent No. 6,812,832, Ex. 1014 (“Lobaza”)
` ..................................................................................................................... 112
`
`iv
`
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`Page 4 of 144
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`

`

`
`
`Claim 14 ...................................................................................................... 112
`
`Claim 15 ...................................................................................................... 112
`
`Claim 16 ...................................................................................................... 113
`
`GROUND 7: CLAIMS 6-12 ARE RENDERED OBVIOUS BY ALLEN IN VIEW
`OF NEGLEY, SAE AND BOSCH ............................................................. 116
`
`Independent Claim 6 ................................................................................... 117
`
`Claim 7 ........................................................................................................ 125
`
`Claim 8 ........................................................................................................ 127
`
`Claim 9 ........................................................................................................ 128
`
`Independent Claim 10 ................................................................................. 129
`
`Claim 11 ...................................................................................................... 133
`
`Claim 12 ...................................................................................................... 134
`
`GROUND 8: CLAIMS 10 AND 14-16 ARE OBVIOUS OVER LOBAZA IN
`VIEW OF ALLEN, NEGLEY, SAE, AND BOSCH ................................. 136
`
`Independent Claim 10 ................................................................................. 139
`
`Claims 14-16 ............................................................................................... 142
`
`XI. SIGNATURE .............................................................................................. 143
`
`APPENDIX A – MATERIALS CONSIDERED
`
`
`
`v
`
`Petitioner's Exhibit 1103
`Page 5 of 144
`
`

`

`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.
`
`10,027,505 (“the ’505 patent”) relative to the state of the art at the time of the
`
`earliest application underlying the ‘505 patent. In particular, my analysis relates
`
`to claims 1-16 of the ‘505 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 ’505 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. Around
`
`6
`
`Petitioner's Exhibit 1103
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`

`

`
`
`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 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 are connected to vehicle data busses to communicate with proprietary
`
`
`
`7
`
`Petitioner's Exhibit 1103
`Page 7 of 144
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`

`

`
`
`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 assisted others in
`
`
`
`8
`
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`

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`
`
`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 Hardware.io
`
`conference in The Hague
`
`
`
`9
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`
`
`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
`
`throughout 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. I understand that a copy of my curriculum vitae will be provided in this
`
`proceeding as Ex. 1017.
`
`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. (the “Petitioner”), to provide an
`
`analysis of the scope and content of the ‘505 patent relative to the state of the art
`
`at the time of the earliest application underlying the ‘505 patent. In particular, I
`
`have been retained to provide analysis regarding what a person of ordinary skill in
`
`the art related to communications between systems or components of a vehicle,
`
`
`
`10
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`

`
`
`such as communications using CAN Bus systems, would have understood at the
`
`time of the earliest application underlying the ‘505 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 Petitioner.
`
`21. I have been informed that Sucxess LLC (the “Patent Owner”) owns the ‘505
`
`patent. I have no financial interest in the Patent Owner or the ‘505 patent, nor to
`
`my recollection have I ever had any contact with the Patent Owner or the listed
`
`inventor of the ‘505 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 ‘505 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 documents that
`
`may not yet have been provided to me.
`
`
`
`11
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`

`
`
`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 ‘505 patent. For convenience, all the information
`
`that I considered in arriving at my opinions are 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 understand that
`
`from an invoice dated October 21, 2005 showing that Audiotechnik Dietz
`
`
`
`12
`
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`

`

`
`
`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.
`
`30. Consistent with my understanding of the public accessibility of Dietz, Ex. 1013 is
`
`
`
`13
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`

`

`
`
`a collection of screenshots of Internet Archive web pages, 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 publicly 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 purpose of
`
`the Sensor magazine was to provide content to engineers in the sensors and CAN
`
`
`
`14
`
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`

`
`
`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 papers, and, in my
`
`opinion, this SAE paper has been publicly available since at least since its
`
`
`
`15
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`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 publicly 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 together a
`
`collection of articles so that all could be made available to and used as a resource
`
`tool by experts, researchers, and developers.
`
`
`
`16
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`

`

`
`
`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.
`
`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
`
`
`
`17
`
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`
`

`

`
`
`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
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`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 the distribution of information
`
`about CAN systems and related technical information. Examining the 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
`
`
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`18
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`in the relevant art as of April 30, 2007. I believe that the relevant field for
`
`purposes of the ‘505 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 ‘505
`
`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 as of
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`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 ‘505 patent. All the material I have 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 ‘505 patents is CAN systems.
`
`48. I believe that the relevant timeframe for my analysis is prior to April 30, 2007,
`
`
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`which is the date of filing for the earliest application in a list of corresponding
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`applications to the ‘505 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 professionals in the
`
`field to reach my conclusion.
`
`51.
`
`It is my opinion, that the person of ordinary