Polaris IP, LLC v. Google Inc. et al

Filing 392

SEALED MOTION for Summary Judgment of Invalidity by AOL, LLC., America Online, Inc., Google Inc., Yahoo!, Inc.. (Attachments: # 1 Affidavit of Todd Kennedy, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Affidavit of Bradley Allen, # 18 Exhibit A, part 1 of 2, # 19 Exhibit A, part 2 of 2, # 20 Exhibit B)(Perlson, David) Modified on 7/2/2010 (ch, ). (Additional attachment(s) added on 7/2/2010: # 21 Text of Proposed Order) (ch, ).

Polaris IP, LLC v. Google Inc. et al

Doc. 392 Att. 8

EXHIBIT G

Dockets.Justia.com

UNITED STATES DISTRICT COURT. DISTRICT COURT OF MINNESOTA
FIREFOND, INC., a Delaware corporation,

Civil Action No. 03-3165 (ADM/FLN)
Plaintiff,
V.

DECLARATION OF AMY RICE

RJOFIThOW TECÏINOLOOJES, INC., a Montana corporation,
Defendant,

T. Amy Rice, hereby declare and state as tòuows:

1 was employed by 1rightware. Inc. ("Brightware") from approximately April 1995 through March 31, 2000. I understand that Brightware was fanned in 1995 as a spin-off company from Inference Corporation. My position at Brightware changed over time, but my duties generally related Lo and included: commercial artificial intclligcncc applicationi development and technical project management in the area of business knowledge, In work prior to Brightwarc, I had been involved in developing software applications using artificial intelligence.
In particular, I was involved in formulating strategic plans while at Hrightware to

transform its customers' organization and technology infrastructures to optimize the creation, use, distribution and refinement of those customers' business knowledge. In that regard. I originated, planned and managed software development projects relating to Brightware's corporate knowledge-based ("KB") software.

Throughout my time at Brightware, I specialized in knowledge acquisition ('tA") and knowledge model development, including knowledge base design and coding and the training anti documentation Services for both Brightwarc elicits and junior consultants within Brightware.
Togcther with a Brightware management team and a development team, I developed account acquisition strategies and presentations, including KB application assessments at the corporate level, as well as cost-benefit analysis, knowledge and system architecture and project proposals regarding these ICE applications. Those project proposais included: project scoping, application design, and business deploymotit and implementation planning.

24) 559 Iv I

ATTORNEYS EYES ONLY

RICEOO14O3

r

5.

During my employment at Brightware, Chase Manhattan Bank ("Chase") invited Brightware to provide a proposal for proprietary consulting services, including a review and recommendation for improving Chase's existing information technology ("IT")
systems.

O.

I was une of the primary Brightware employees responsible for Brightware's response to Chase's request for consulting services. Chase and Brighrware aeed to explore, on a confidential and exclusive basis, a variety of artificial intelligence concepts and applications.
In the course of providing consulting scrviccs, Brightwarc and Chase ideatifle*J uumtrous arcas in which Chase' s existing systems could be improved, including the automation of manual decision procedures. One project discussed was the potential automation of manual decision procedures in response to email inquiries, using Brightware's artificial intelligence products and applications.

After hearing Chase representatives describe Chase's existing labor-intensive system for managing and responding to email inquiries from Chase's customers or prospective cusLurttcrs, I conceived the basic idea for improving that system, using artificial intelligence. Based on nly recollection of the tizne of the beginning of Chase's initial contact, T believe that the verbal description of Chase's system and my basic idea occurred in the middle of 1995, 1 gave a written overview to Anthony Angotti and other Chase representatives descrìbìng my ideas (including the general concept, justification and plan) for improving Chase's omail rcsponsc U51fl artificial intclligente. My recollection is that a decision was made between Brightwarc and Chase to move forward with development of the knowledge based portion only of such a system around July 1995. l3etbre this work, neither I nor others in Brightware liad attempted tuis type of automated email response system for any other Brightware customers.
Beginning in late July, 1995 T then developed a PowerPoint presentation regarding the justification for and plan to design, develop and implement an improved email management sysLem concept for Chase that I named 'tZ Reader". That PowerPoint presentation was first delivered by nie to Chase in early August, 1995. The presentation was made to upper management within Chase as an update of all the ongoing proprietary development activities of myself and others on the Briglitware development team, Neither I nor, to my knowledge, anyone else at Brightware ever shared that PowerPoint presentation with others besides Chase.

io.

Between July 1995 and June 1996. the eznailznanagement system concept described in my overview presentation and the PowerPoint was developed solely by Brightware and solely for Chase. During this development period, an early version of the EZ Reader KB was used to track, monitor and compare, on a monthly basis, the EZ Reader K versus manual email response statistics at Chase. Those statistics included both accuracy and time to complete responses. Throughout this twelve month period, to my knowledge Chase never abandoned the manual system for managing and responding to email inquiries from Its customers and potential customers. Based on the demonstrated

24355Çiv)

ATTORNEYS EYES ONLY

RICEODI 404

improvements afforded by our still-experimental BZ Reader test system, thrther refinements were made over time.

il.

During 1996, the BZ Reader system was demonstrated in an e%periment, running in parallel with the then-existing manual Chase email system ja Rochester, New York, to process externat emails sent lo the "Chase Direct" division by actual Chase customers or potential customers. However, Chase did flot implement the automated BZ Reader response-return function during this experiment. The result was that the BZ Reader forwarded all of its test output email responses to a single administrator's outbox within Chase and held there, pending human review and revision before release. This meant that, for ali incoming email messages to the Chase Direct division, huma« intervention was always required before any responso was delivered.

In 1996, I co-authored an article entitled "BZ Reader: Imbedded AI for Automatic Electronic Mail Interpretation and Routing" (refèxred to as the "EZ Reader Article"). Based on ruy recollection, that article was not finalized for publication until at least April 1996. lt was submitted for publication in connection with the AAAI National Conference on Artificial intelligence, held August 4-8, 1996, in Portland, Oregon. Ms. I-Tau, another Brightwarc employee who was assigned to the Cinse software development Learn, and I were the principal authors of the BZ Reader Article, but I recall being asked by. others in Brightware management to include the names of certain management and personnel at Chase as co-authors. In submitting the final article, we indicated that BZ Reader was deployed, even though it bad not been implemented at that Lime on Chase's external, public email system. in my recollection, neither Anthony Angotti nor Rosanna Piccolo wrote any part of the BZ Reader Article but they did receive copies for review and approved ¡tin connection with our submission. After the experimental use, I do not recati the BZ Reader system ever being used on the external, public email system at Chase. 1 was involved after June 1996 on another software application project within Chase. 1 am aware that Brighiware filed a US Patent Application (No. 09/054,233) on April 2, 1998, and that the application eventually resulted in issuance of US Patent Nu. 6,411,947 in June, 2002. 1am one of the named inventors on that '947 patent. Julie Hsu is also a named inventor. Ms. Hsu and Ijointly conceived of all the subject matter that is claimed in the '947 patent I am also aware that sometime around June 1996, there arosa a dispute between Chase and Brightwaxe as to who owned intellectual property tights relating to BZ Roedor, which dispute resulted in a settlement between Chase and Brightware. Based on my understanding, the BZ Reader system (both as it was being developed within Chase and asit was described in the BZ Reader Article) were being tested, and the F7. Reader system was never filly operating within Chase's Chase Direct public email
environxn cut.

While I was not personally involved in the ncgotiaUon of terms between Bzightwarc and Chase for consulting work (including work on the EZ Reader), I was told and understood

24 )5 5') Iv I

ATTORNEYS EYES ONLY

RICEDO 1405

that Bcightwarc's development and application consulting work was both confidential and exclusive between BrightwaTe and Chase.
16.

Based on my roecliection, prior to June 1996 no version of the EZ Reader email management application was ever provided to, offered for sale, sold, or ready to be sold to any other clients of Brighrv arc.

I declare under penalty of peijury that the foregoing statements are true and correct to the best of ray belief. 2004

Datcd:

tAmy Rice

243i591v1

ATTORNEYS EYES ONLY

R(CE001406