Free Proposed Findings of Fact and Conclusions of Law - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 92-580

Chief Judge Damich

SPARTON CORPORATION, Plaintiff,

v.

THE UNITED STATES, Defendant.

DEFENDANT'S PROPOSED ADDITIONAL FINDINGS OF FACT JEFFREY S. BUCHOLTZ Acting Assistant Attorney General JOHN FARGO Director GARY L. HAUSKEN Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D. C. 20530 Telephone: (202) 307-0342 Facsimile: (202) 307-0345 February 4, 2008 Attorneys for Defendant, United States

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I.

INTRODUCTION & BACKGROUND 1. A sonobuoy is a device that detects underwater objects such as submarines.

Sonobuoys have been utilized since the 1940's by the Department of the Navy (Navy) in its antisubmarine warfare (ASW) operations, and are presently in use. DX-115 at D115.2, D115.6. The term "sonobuoy" is a contraction of "sonar buoy." [D]X-220 at D220.3. [citation corrected] Sparton Response to No. 1: The cited text is imprecise. A sonobuoy is a device that is capable of detecting underwater objects such as submarines. While a sonobuoy is primarily used to detect, locate and classify submerged submarines (B459, 948), it is also used for underwater geological exploration and other submarine purposes (PX 259 at 4), such as allowing aircraft in flight to communicate with friendly submarines and to monitor and radio oceanographic conditions such as temperature thermoclines to aircraft. DX 115, pp. 115.11-12 [D115.11-12]. The text in the second sentence is unsupported by the PX-220 at 3 citation. 2. Sonobuoys were first used near the end of the Second World War by the British

and U.S. Navies to detect German submarines. DX-100 at D100.1. Sonobuoys are primarily used to detect, locate and classify submerged submarines, but have also been used for seismic offshore oil exploration. DX-100 at D100.2; PX 259 at page 4. Sparton Response to No. 2: The text in the second sentence is imprecise as the cited exhibit indicates. A sonobuoy can provide "... local ocean temperature data to allow crews to plan search patterns" as well as other functions. DX-100 at D100.3.

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3.

Since World War II the general size of the sonobuoy and its purpose have

remained the same, but the capabilities and complexity [of sonobuoys] have increased many times in keeping pace with technology. DX-100 at D100.1. Sparton Response to No. 3 Although the proposed fact is substantially as stated in the cited exhibit, the exhibit does not indicate when a sonobuoy was first used to provide "... local ocean temperature data to allow crews to plan search patterns." Id. Thus, the purpose of using a sonobuoy may not have remained the same since World War II. Sparton suggests adding the bracketed material. 4. High-technology solid-state electronics replaced earlier vacuum tube designs and

allowed the addition of more capabilities and greater sensitivity. DX-100 at D100.1. Sparton Response to No. 4 Although the proposed fact is substantially as stated in the cited exhibit, the nature of the "more capabilities" and "greater sensitivity" referenced in the exhibit are unexplained and unknown. 5. A sonobuoy is a sophisticated underwater electroacoustic device capable of

detecting and locating the source of underwater sounds. DX-100 at D100.2. Sparton Response to No. 5 Sparton would add to this proposed finding the following after the word "sounds": and monitoring oceanographic conditions, such as temperature thermoclines, for transmission to aircraft. 6. There are two types of sonobuoys: passive sonobuoys and active sonobuoys.

DX-100 at D100.2.

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Sparton Response to No. 6: There are three distinct types of sonobuoys. See PPFF 9, DX 115, pp. 115.11-12, [D115.11-12] and DX-100 at 016455 [D100.3]. The third type is a special purpose sonobuoy. Special purpose sonobuoys include the AN/SSQ-36 sonobuoy which provides local ocean temperature data to crews to plan search patterns, the AN/SSQ-86 sonobuoy which provides communication from aircraft to submarine, and the AN/SSQ-71 sonobuoy which provides twoway communication between aircraft and submarine. Id. 7. Passive sonobuoys are strictly listening devices and, therefore, do not reveal their

presence to submarines; they can detect the presence of submarines at great distances. DX-100 at D100.2. Sparton Response to No. 7: The cited exhibit includes the words "even the most modern submarines" after the words "presence of" in the text of this finding. Thus, the finding is imprecise without the additional text. Furthermore some sonobuoys do not detect submarines at great distances, but are used for different purposes. Accordingly, "they" should be changed to "some." 8. Early passive sonobuoys had no directional sense: the submarine could be located

by deploying patterns of three or more sonobuoys and plotting the signals from all of them in the aircraft. DX-100 at D100.2. Sparton Response to No. 8: The cited exhibit includes the terminology "types of" after the word "Early" and thus this finding is imprecise without this additional text. 9. Newer passive sonobuoys have a built-in compass and a directional hydrophone

so that a single sonobuoy can provide direction or bearing information. DX-100 at D100.2.

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Sparton Response to No. 9: The word "newer" is indefinite and should be made more specific by identifying the sonobuoys under discussion. 10. An active sonobuoy is a miniature sonar system similar to those installed in ships.

DX-100 at D100.2. Sparton Response to No. 10: No comment. 11. The active sonobuoy uses a "transducer," a device that can both send out and

receive sound energy under water. DX-100 at D100.2. Sparton Response to No. 11: The word "device" is indefinite. The finding would be more precise as follows. The active sonobuoy uses a transducer that can transmit acoustic signals into the ocean through a projector and receive through its hydrophone(s) acoustic energy underwater. B428-32, 459-60, 1415-16. 12. The active sonobuoy sends out short pulses of sound and locates the presence of a

submarine by detecting the returning pulses reflected by the target. DX-100 at D100.2. Sparton Response to No. 12: No comment. 13. Equipment in the aircraft measures the time taken for the sound pulses to reach

the target and return to the sonobuoy. DX-100 at D100.2. Sparton Response to No. 13: This finding is imprecise since a vessel or ship may drop sonobuoys into the ocean and be the hunter of the submarine. B428-32, 459-60, 1415-16, PX 259 at 4.

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14. 15.

Deleted

To locate submarines, sonobuoys are dropped into the ocean from an aircraft and

send detection information back to the aircraft via a radio frequency transmission. DX-100 at D100.2; PX 259 at 4. Sparton Response to No. 15: This finding is imprecise since a vessel or ship may drop sonobuoys into the ocean and be the hunter of the submarine. B428-32, 459-60, 1415-16, PX 259 at 4. 16. Most sonobuoys are compact and easily handled. DX-100 at D100.2. Sonobuoys

are expendible devices: they are used one time and then self-destruct by means of a scuttling mechanism. DX-100 at D100.2. Before launch, sonobuoys are generally packaged in cylindrical shells about five inches in diameter and three feet long, known as an "A" size sonobuoy. DX100 at D100.2. Sparton Response to No. 16: This finding is imprecise in the use of the words "easily" in the first sentence and "generally" in the third sentence. Furthermore, the dimensions of an "A" size sonobuoy are not referenced in the citation. A. 17. SONOBUOYS AND BATHYTHERMOGRAPHS The AN/SSQ-36 is a bathythermograph buoy that allows Anti-submarine Warfare

(ASW) crews to plan sonobuoy deployment patterns based on oceanic temperature readings. PX-114 at B0460; DX-100 at D100.2. Sparton Response to No. 17: The third type of sonobuoy is a special purpose type sonobuoy. PX-114 at 016455; DX-100 at 016454 [D100.2]. One special purpose type sonobuoy type, the AN/SSQ-36,

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may measure the temperature of the ocean at various depths to determine the location of thermoclines (i.e. density-pressure and/or temperature differences between oceanic layers). Id. Instead of listening for acoustic energy with a hydrophone(s), like the passive or active sonobuoy, this sonobuoy may contain a probe for sensing water temperature and transmitting the temperature reading to hunter aircraft. Other special purpose sonobuoys include the AN/SSQ-86 sonobuoy which provides communication from aircraft to submarine, and the AN/SSQ-71 sonobuoy which provides two-way communication between aircraft and submarine. DX-100 at 016455 [D100.3], B428-32, 459-60, 1415-16, DX-100 at 016455 [D100.3]. 18. Bathythermographs cannot transmit or receive acoustic signals. PX-111 at

B0428. Bathythermograph buoys are used to determine the ocean temperature, an important factor affecting acoustic transmission through water. PX-111 at B0428. Bathythermograph buoys perform their function by deploying a thermistor temperature probe. DX-220 at D220.3, D220.16. The probe continually senses water temperature as it descends from the surface. DX238. Sparton Response to No. 18: The Bathythermograph sonobuoy type may measure the temperature of the ocean at various depths to determine the location of thermoclines (i.e. density-pressure and/or temperature differences between oceanic layers), an important factor affecting acoustic transmission through water. B428-32, 459-60, 1415-16, DX-100 at 016455 [D100.3]. Instead of listening for acoustic energy with a hydrophone(s), like the passive or active sonobuoy, this sonobuoy may contain a probe for sensing water temperature and transmitting electrically the temperature reading to hunter aircraft. Id.

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19.

The AN/SSQ-53 (SSQ-53) class of sonobuoys are passive. They are called

DIFAR sonobuoys, a contraction of Directional LOFAR sonobuoy. DX-97 at D97.3; PX-111 at B0429; DX-126 at D126.40-41. LOFAR stands for Low Frequency Analysis and Ranging. Testimony of Boyle, Testimony of Hudson. Sparton Response to No. 19: The citation to DX-126 at D126.40-41 does not support the second sentence. DIFAR is a contraction for Directional Frequency Analysis and Recording, not Directional LOFAR. DX-126 at D126.41. The third sentence is unsupported by a verifiable citation. 20. The DIFAR sonobuoy was the first "A" size sonobuoy that was capable of

tracking an enemy submarine with a single sonobuoy and fixing the location of an enemy submarine with as few as two sonobuoys. DX-116 at D116.117. Sparton Response to No. 20: The cited exhibit is hearsay. The finding should be as follows. Types of passive sonobuoys earlier than the AN/SSQ-53 sonobuoys had no useful directional sense. B429, 45960, 953-56, 1415-16, 16499, 16454-55. A submarine could only be located by deploying patterns of three or more sonobuoys in a given area and plotting signals from all in an airplane or ship. Id. The location of a submarine was then derived through geometry. Id. This process was time consuming and was not effective against high speed submarines that could "run away" from the sonobuoy before the "location" process was completed. Id. Beginning with fleet use of SSQ53 sonobuoys, which contained a built-in compass, an omnidirectional hydrophone and a directional hydrophone, the U.S. fleet was able to obtain detection and bearing information from a single SSQ-53 sonobuoy. Id. A pair of SSQ-53 sonobuoys provided the specific location of a targeted submarine. Id.

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21. D116.117.

The first SSQ-53 sonobuoys were delivered to the fleet in 1974. DX-116 at

Sparton Response to No. 21: This finding is contradicted by defendant's proposed findings 81, 270, 293 and 295 establishing 1972 fleet use. 22. AN/SSQ-57 sonobuoys are passive sonobuoys with calibrated audio. DX-100 at

D100.3. The SSQ-57 sonobuoy is used to measure ambient noise levels and detect submarine noise. DX-100 at D100.3. Sparton Response to No. 22: The citation to DX-100 at 016455 [D100.3] does not support the proposed finding. The finding should read as follows. The SSQ-57 class sonobuoys are passively used to measure target submarine sound and ambient noise levels which assist aircraft personnel in the planning of a submarine search pattern. B16455, 16500. 23. AN/SSQ-62 sonobuoys are active, commandable sonobuoys which provide range

and bearing information about objects. DX-100 at D100.3. The SSQ-62 sonobuoys are known as DICASS buoys, which is short for Directional Command Activated Sonobuoy System. DX100 at D100.3. Sparton Response to No. 23: The citation to DX-100 at 016455 [D100.3] does not support the proposed finding. The finding should read as follows. The SSQ-62 class sonobuoys are active, commandable ones which provide range and bearing information about a target submarine. B16454-55, 16501. They are called DICASS sonobuoys, the acronym standing for Directional Command Active Sonobuoy System. Id. When this sonobuoy is deployed, it remains passive

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until commanded to an active function by an ASW aircraft. Id. This sonobuoy is used to provide simultaneous range, Doppler and bearing information for localizing and attacking subsurfaced targets. Id. 24. After deployment, the SSQ-62 buoy remains in a passive state, i.e., it does not

send sonar pulses, until it receives an activation command; it then becomes an active sonobuoy and will send sonar pulses. DX-100 at D100.3. Sparton Response to No. 24: See Sparton response to DPFF 23. 25. AN/SSQ-77 sonobuoys are also passive sonobuoys; they are also known as

VLAD buoys, which is a contraction of Vertical Line Array DIFAR. DX-100 at D100.3. SSQ77 sonobuoys contain a vertical array of omni-directional hydrophones and a single-directional hydrophone that can provide direction and bearing information. DX-100 at D100.3. Sparton Response to No. 25: The citation to DX-100 at 016455 [D100.3] does not support the proposed finding. The finding should read as follows. The SSQ-77 class sonobuoys are passive also. B16502, 16455. These sonobuoys provide improved passive detection in deep water because they are highly sensitive. Id. To achieve this sensitivity, these sonobuoys use a vertical line array of omni-directional hydrophones which form directional beam patterns to increase detection range and help discriminate against noise. Id. They also utilize a standard DIFAR hydrophone to determine the bearing of detected submarines. Id. Thus, the passive SSQ-77 class sonobuoys are more effective than the passive SSQ-53 DIFAR sonobuoys in deep ocean areas. Id. 26. Deleted

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B. 27. 28. 29. 30. 31.

The Patented Inventions Deleted Deleted Deleted Deleted "Conception of the 120 and 233 claimed inventions occurred between July 29,

1971 and November 23, 1971 when this single part release plate was conceived for use in the dual depth sonobuoy." DX-17 at D17.13. Sparton Response to No. 31: This finding calls for a legal conclusion regarding the conception of the claimed inventions and is thus inappropriate and objectionable. 32. (1975). JX-1. Sparton Response to No. 32: No comment. 33. (1975). JX-3. Sparton Response to No. 33: No comment. 34. The accounting period for the `120 patent in this case begins on August 25, 1980, The `233 patent's term expired at midnight, June 14, 1994. 35 U.S.C. § 154 The `120 patent's term expired at midnight, November 18, 1992. 35 U.S.C. § 154

twelve years prior to the date when this case was filed. 35 U.S.C. § 286. The accounting period for the `120 patent ends on November 18, 1992. DX-221. Sparton Response to No. 34:

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No comment. 35. The accounting period for the `233 patent in this case begins on August 25, 1980

and ends on June 14, 1994. DX-221. Sparton Response to No. 35: No comment. 36. Sparton filed patent application no. 345,871 on March 29, 1973, naming James

W. Widenhofer as the inventor. That application issued as patent no. 3,921,120 (the `120 patent), entitled "Float Actuation Release Mechanism," on November 18, 1975. The patent is assigned to Sparton Corporation. PX 259 at page 1. Sparton Response to No. 36: No comment. 37. Sparton filed patent application no. 612,698 on September 12, 1975, as a division

of application no. 345,871. That application, which has an effective filing date of March 29, 1973, issued as patent no. 4,029,233 (the `233 patent), entitled "Sonobuoy Retainer Plate," on June 14, 1977. James W. Widenhofer is the inventor of the `233 patent and Sparton Corporation is the assignee. PX 260 at page 1. Sparton Response to No. 37: No comment. II. OBVIOUSNESS 38. The patents asserted in this litigation are U.S. Patent Nos. 3,921,120 (the '120

patent) and 4,029,233 (the '233 patent). Both patents name James W. Widenhofer as inventor and have an effective filing date of March 29, 1972. Complaint. Sparton Response to No. 38:

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No comment. 39. After release from the aircraft, the sonobuoy is slowed and stabilized during

descent using fins, foils or parachutes. PX 259 at page 4; DX-100 at D100.2. Sparton Response to No. 39: Defendant cites two exhibits in support of this finding. The second citation, DX100 at D100.2 does not support the finding. The first citation, PX-259 at 4 is to the 120 suit patent. The finding is imprecise in light of the first citation, and it should be modified to quote the 120 suit patent as follows. When airdropped, sonobuoys normally employ velocity reducing devices such as fins, foils or parachutes in order to retard the velocity of the sonobuoy casing as it falls through the air, and minimize the liklihood of damage as it enters the water. PX-259 at 4. 40. Upon entering the water, the sonobuoy's contents deploy so that its transducer or

hydrophone drops to a predetermined depth below the water's surface while the antenna for transmitting radio signals back to a plane or ship remains above surface level. PX 259 at 4. The transducer detects acoustical energy in the water, and the sonobuoy then relays a corresponding radio signal to a plane or ship where the signal can be interpreted. PX 259 at 4. Sparton Response to No. 40: The cited exhibit does not support the finding. The exhibit states as follows. "Upon the sonobuoy entering the water the components thereof, such as the sound producing and/or receiving transducers, transmitters, damping means, and other conventional components are deployed from the casing in order that they might best perform their desired function. With some sonobuoy constructions the sonobuoy casing itself floats upon the water surface and the components are dropped therefrom." PX-259 at 4.

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A. 41. 220; DX-126.

PERSON OF ORDINARY SKILL IN THE ART The relevant discipline is mechanical engineering. DX-13 at D13.1, D13.7; DX-

Sparton Response to No. 41: This finding is unsupported by DX-126, the Boyle deposition testimony and DX220, the Hudson expert report, because there is no page reference in either and the number of pages in Boyle's testimony exceeds 400 and in the Hudson report exceeds 50. DX-13 at D13.1 and D13.7 are the Affidavits of James Widenhofer and Donald Depew, and they do not support the finding.

42.

The particular art is sonobuoy design. DX-220.

Sparton Response to No. 42: The citation to this finding is the Hudson expert report which contains over 50 pages. None of those pages is referenced as supporting the proposed fact. Thus, this finding is objectionable as requiring plaintiff to guess at which page of the exhibit defendant intended to rely for support of this finding. 43. A person of ordinary skill in the art during the period 1970-72 would have had a

bachelors degree in mechanical engineering. The person of ordinary skill also would have had some experience with the design of sonobuoys. DX-220; Testimony of Charles Boyle. Sparton Response to No. 43: This finding is objectionable for the same reasons given in Sparton's above response to proposed finding 41.

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B.

PRIOR ART 1. Magnavox AN/SSQ-39(XN-1)

44.

Magnavox Corporation developed the AN/SSQ-39(XN-1) sonobuoy pursuant to

Navy Contract No. 59-6151. The development effort for the SSQ-39(XN-1) lasted at least from July 15, 1959 through June 1, 1962. DX-126 at D126.313, D126.314; DX-160 at D160.5. Sparton Response to No. 44: This finding is unsupported by DX-126 at D126.313-314 and DX-160 at D160.5. These cited pages do not establish that the referenced SSQ-39(XN-1) sonobuoy was developed by Magnavox pursuant to the referenced contract. Furthermore, the cited pages do not indicate that the development effort lasted from at least July 15, 1959 through June 1, 1962. DX-160 at D160.5 indicates only that the report was prepared under a BUWEPS contract and the document is a Final Engineering Report. 45. A final engineering report for the SSQ-39(XN-1) was prepared by Magnavox

employee R.N. Lotter, and submitted to the Navy, dated June 30, 1962. That report was received in records of Defense [Data] Center on May 6, 1965. DX-160 at D160.5. The document was indexed and retreivable to users of the Defense Data Center by no later than the end of 1965. DX-222. Sparton Response to No. 45: This finding is unsupported by DX-160 at D160.5. The exhibit does not establish that the report was "submitted to the Navy, dated June 30, 1962." Defendant relies upon an affidavit (DX-222) that is hearsay to establish that DX-160 was indexed and retrievable to users of the Defense Data Center by no later than the end of 1965. Thus, the statement has not been tested under cross examination. Furthermore, it is doubtful that DX-160 was indexed and

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retrievable to users of the Defense Data Center because DX-160 appears to be a draft of a report, not the actual finalized version of the report. Note the handwritten interlineations in the report which suggests it is a draft report. 46. Sparton obtained an unclassified copy of the Magnavox report from the Defense

Technical Information Center, successor to the Defense Document Center. DX-222. A copy of the report was retrieved from the Sparton library during this litigation. DX-126 at D126.313, D126.314; DX-160 at D160.5. Sparton Response to No. 46: This finding is unsupported by DX-222. This exhibit does not establish that Sparton obtained an unclassified copy of DX-160 from the Defense Technical Information Center. 47. Mr. Boyle, a Sparton employee, first became aware of the SSQ-39(XN-1) design

through briefings provided by the Navy. DX-126 at D126.61-62. Sparton Response to No. 47: No comment. 48. The Magnavox SSQ-39(XN-1) sonobuoy was designed to operate at a depth of

12,000 feet. DX-160 at D160.15. The SSQ-39(XN-1) was designed to be released from an aircraft using conventional techniques. DX-160 at D160.131. A rotochute was used to retard the fall of the sonobuoy through the air. DX-160 at D160.131. Sparton Response to No. 48: The cited reference, DX-160 at D160.15, does not establish that the SSQ-39(XN1) sonobuoy was designed to operate at a depth of 12,000 feet. Instead, it states that "[t]he design and development of Sonobuoy AN/SSQ-39(XN-1) was undertaken to achieve sonobuoy

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operation at a depth of 12000 ..." The cite does not establish that Magnavox, through its Sonobuoy AN/SSQ-39(XN-1) actually achieved sonobuoy operation at a depth of 12000. 49. Upon water entry, the SSQ-39(XN-1) began its deployment. DX-160 at

D160.131. The SSQ-39(XN-1) would sink for a short period, then the rotochute would be jettisoned. DX-160 at D160.131, D160.174. Immediately after the rotochute falls away, gas generators begin inflating a float bag. DX-160 at D160.131, D160.174. The casing would then be used as a descent vehicle, paying out the transmission cable from the top of the casing as it descends. DX-160 at D160.131, D160.174. The nose cone on the bottom of the casing is released to slow the descent of the casing as it approaches the end of the payout. DX-160 at D160.175. Near the end of the payout, the hydrophone preamplifier and the hydrophones pay out of the top of the casing. DX-160 at D160.175. Sparton Response to No. 49: This finding is imprecise and should be modified as follows. The SSQ-39 (XN-1) sonobuoy teaches away from the Sparton patented inventions. There is no disclosure of a release plate within this sonobuoy. The float is shown stored outside the sonobuoy casing. The casing as shown in Fig. 5 does not have a permanently closed lower end. Accordingly, the float is not used to impart a force to a retainer plate within the sonobuoy casing, and the float and a plate are not ejected from the casing to permit the casing and apparatus to fall to the desired operating depth. PX-249 rebuttal report at 5. 2. 50. U. S. Patent No. 2,687,541

United States Patent No. 2,687,541 (the Bannister or `541 patent), entitled

"Apparatus for Refloating Submerged Objects," was issued on August 31, 1954 to Bryant Bannister. `541 patent, first page, heading. DX-224.

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Sparton Response to No. 50: No comment. 51. The Bannister patent is for a fishing rod, gun or other object that is dropped into

the water from a boat. DX-224 at D224.3 col 2, lns 24-39. Sparton Response to No. 51: No comment. 52. One claimed embodiment includes an "inflatable member" that is inflated by a

compressed gas cartridge, a thin elastic seal, and an closure retained by a friction fit. DX-224 at D224.3, col 1, lns 1-7. In use, when the object containing the patented device is submerged in water, hydrostatic pressure causes a plunger to puncture a compressed gas cartridge. DX-224 at D224.3 col 2, lns5-49. Puncturing the gas cartridge causes the inflatable member to inflate. As it inflates, the inflatable member pushes the closure out of the seal, and thereby allowing the free escape of the inflatable member. Sparton Response to No. 52: This finding is irrelevant because the Bannister reference is not analogous art and thus not prior art against the patents in suit. The Bannister reference has not been alleged to be in the field of Mr. Widenhofer's endeavor or reasonably pertinent to the problem with which he was concerned. PX-249, Boyle rebuttal report at 11. Furthermore, Bannister does not disclose a release plate (a) with tabs inserted into a casing to retain a float and apparatus within a casing, (b) which is deformable and with hinge portions and openings to facilitate deformation. Id. at 56. In fact, Bannister only discloses a float exiting a casing to refloat a foreign object. Id. 3. U. S. Patent No. 3,093,808

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53.

United States Patent No. 3,093,808 (the Tatnall or `808 patent), entitled "Air-

Dropped Miniature Sonobuoy," was issued on June 11, 1963 to George J. Tatnall, Albert F. Scarcelli and George A. Gimber, as assignors to the United States, as represented by the Secretary of the Navy. DX-225 at D225.4, col 1, lns 1-6. Sparton Response to No. 53: No comment. 54. The Tatnall patent describes a miniature sonobuoy, dispensed from an aircraft, for

use in searches for submarines and other underwater objects. DX-225 at D225.4 col 1, lns 19-29, and col 2, lns 1-6. Sparton Response to No. 54: This finding is unsupported by DX-225 [at D225.4], col. 1, ls 19-29 and col. 2, ls 1-6. This citation addresses an object of the Tatnall invention and a description of the state of the art. Id. 55. In one embodiment of the Tatnall sonobuoy, the operating depth of the

hydrophone is determined by selecting one of two effective cable lengths. DX-225 at D225.6 col 6, lns 35-40. A rotochute slows the aerial descent of the sonobuoy. DX-225 at D225.6 col 6, lns 48-55. Upon immersion in sea water, a sea water battery is activated which, in turn, activates three squibs. DX-225 at D225.6 col 6, lns 53-59. A first squib activates a device that releases the rotochute assembly; a second squib actives a device that releases the nose section, allowing the hydrophone to descend to operating depth. DX-225 at D225.6 col 6, lns 59-64. After a delay created by a timing circuit, the third squib fires, opening a pressurized gas cartridge. DX-225 at D225.6 col 6, lns 64-68. The pressurized gas expands a float and simultaneously erects an antenna contained in the float. DX-225 at D225.6 col 6, lns 67-72 & D225.3 fig. 3. The

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hydrophone section descends, paying out cable, until it reaches its operating depth as determined by a cable length selection. DX-225 at D225.6-7 col 6, ln 37 - col 7, ln 5. Upon reaching operating depth, the casing falls away and the sonobuoy is in condition to receive underwater sounds. DX-225 at D225.7 col 7, lns 2-10. Sparton Response to No. 55: This finding is imprecise and addresses the Tatnall reference cited in the file history of the 120 patent. The finding should be modified as follows. Tatnall does not disclose a casing permanently closed lower end because such a configuration would interfere with the acoustic performance of the Tatnall hydrophone. PX-249, Boyle rebuttal report at 4. Furthermore, the electrical apparatus is not slidably removable from the casing in Tatnall. The Tatnall retaining means is not located between the float and upper end of the sonobuoy, does not exit from the upper end of the sonobuoy, does not retain the float and apparatus within the casing and does not permit the float and apparatus to deploy from the casing upper end when the retaining means is released from the casing. Tatnall does not disclose (a) an inflatable float located adjacent the above noted retaining means on the opposite side thereof with respect to the casing upper end, (b) a slidably removable inflatable float, and (c) an inflatable float, nor a float inflating means mounted, within the casing. Id. at 7-8. 4. 56. U. S. Patent No. 3,074,671

United States Patent No. 3,074,671 (the Dinolfo or `671 patent), entitled "Air

Dropped Buoy Release Mechanism," was issued on January 22, 1963 to Michael Dinolfo and Everett W. Farmer, employees of Sanders Associates. DX-226 at D226.3 col 1, lns 1-7. Sparton Response to No. 56: No comment.

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57.

The Dinolfo patent is directed to a mechanism for use in a sonobuoy that is

"capable of releasing by the operation of a force in one direction but which will not release under even greater force in the opposite direction." DX-226 at D226.3 col 1, lns 9-13. The mechanism is described as being capable of easily releasing upon water impact, permitting deployment of the sonobuoy, but capable of resisting the force caused by the the sudden shock of the sonobuoy's parachute opening during descent. DX-226 at D226.3 col 1, lns 13-35. Sparton Response to No. 57: This finding is imprecise and addresses the Dinolfo reference cited in the file history of the 233 patent. Certain aspects of the finding are unsupported by the citation. For example, while the finding states that the sonobuoy mechanism easily releases upon water impact, it does not state that the deployment of the sonobuoy components, including the referenced mechanism, occurs at the bottom end of the casing. DX-226 at col. 1, ls. 13-35. [D226.3] Furthermore, Dinolfo discloses a plate at the bottom of a buoy with locking tabs engaging casing slots. The plate does not bend or deform. There are no hinges or openings on the plate. There is no float acting upon the plate, and the apparatus located above the plate deploys from the bottom of the buoy as does the plate. Since the force is applied on the underside of the plate, the locking tabs bend, not the plate as claimed in the Sparton patents. PX249, Boyle rebuttal report at 6. The Dinolfo retaining means is not located between the float and upper end of the sonobuoy, does not exit from the upper end of the sonobuoy, does not retain the float and apparatus within the casing and does not permit the float and apparatus to deploy from the casing upper end when the retaining means is released from the casing. Id. at 7. 58. The Dinolfo patent describes a sonobuoy with a release mechanism at the bottom.

DX-226 at D226.3 col 1, lns 36-42. The release mechanism comprises a "disc" of cast iron or

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steel, which is flat and generally circular with tabs at the periphery. DX-226 at D226.4, col 3, lns 20-42 & D226.1, Figs. 3-4. In the preferred embodiment, the force of the sonobuoy hitting the water causes the tabs to fracture, thereby freeing the plate and allowing the contents of the sonobuoy housing to deploy. DX-226 at D226.4, col 3, lns 8-54 & D226.1, Fig. 2. The Dinolfo patent further explains the principle by which the preferred embodiment operates: It should be noted that Hookes Law states that, within the elastic limit, deformation produced is proportional to the stress. In view of the fact that cast iron inherently does not follow Hookes Law, there is little opportunity for the stresses that appear in the section 28 and 32 in tab 19 for example, which are defined and depicted in the FIGURE 6a, to be redistributed. Therefore, when the bridge is under tension, the stresses are comparatively high in its outer surface and once its starts to crack, i.e., fracture, the crack is propagated throughout the entire section and a resultant fracture cross section typical to that shown in FIGURE 6a results. A study of FIGURE 6a and the FIGURE 2 reveals that the section produced by the fracture of the tabs at the point of the bridge where notch 32 of the plate and reduced intermediate bridge section 28 are located has resulted because the above noted notch portions establish the weakest points of the disc. DX-226 at D226.4 col 3, lns 55-72. Sparton Response to No. 58: This finding is imprecise and addresses the Dinolfo reference cited in the file history of the 233 patent in suit. Certain aspects of the finding are unsupported by the citation. For example, the cited material does not state that the plate is "flat." Dinolfo discloses a plate at the bottom of a buoy with locking tabs engaging casing slots. The plate does not bend or deform. There are no hinges or openings on the plate. There is no float acting upon the plate, and the apparatus located above the plate deploys from the bottom of the buoy as does the plate. Since the force is applied on the underside of the plate, the locking tabs bend, not the plate as claimed in the Sparton patents. PX-249, Boyle rebuttal report at 6. The Dinolfo retaining means is not located between the float and upper end of the sonobuoy, does not exit from the upper end of the sonobuoy, does not retain the float and apparatus within the casing and does not permit the

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float and apparatus to deploy from the casing upper end when the retaining means is released from the casing. Id. at 7. 59. The Dinolfo patent also describes an alternative embodiment wherein the "disc" is

made from sheet metal, but the tabs are sightly bent downward so as to abut and rest on the edge of the cooperating slots in the housing. DX-226 at D226.4 col 4, lns 21-40 & D226.2, Figs 5, 5a. When the sonobuoy hits the water, the force imparted on the plate causes the plate to be forced up into the housing. DX-226 at D226.4 col 4, lns 21-40 & D226.2 Figs 5, 5a. As the plate is forced upward, the tabs are cammed inward toward the center of the housing so that the base of the tab no longer abuts the edge of the slots in the housing. DX-226 at D226.4 col 4, lns 21-40 & D226.2 Figs 5, 5a. As a result, the plate falls free, and the sonobuoy is free to deploy through the bottom of the housing. DX-226 at D226.4 col 4, lns 21-40 & D226.2 Figs 5, 5a. Sparton Response to No. 59: See comment to 58. 5. 60. U. S. Patent No. 3,140,886

United States Patent No. 3,140,886 (the Cotilla or `886 patent), entitled "Coupling

Device," was issued on July 14, 1964 to Edward J. Cotilla and George A. Gimber, assignors to the United States, as represented by the Secretary of the Navy. DX-227 at D227.2 col 1, lns 1-7. Sparton Response to No. 60: No comment. 61. The device described in the Cotilla patent is asserted to be useful in sonobuoys

containing to portions, one housing the hydrophone, the other housing the radio transmitter. DX-227 at D227.2, col 1, lns 20-26, and col 2, lns 9-18. The invention of the Cotilla patent is a

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mechanism for coupling the radio transmitter portion to the hydrophone portion until the sonobuoy is deployed. DX-227 at D227.3 col 3, ln 63 - col 4, ln 7. Sparton Response to No. 61: The finding is not supported by its citation. The Cotilla reference is cited in the file history of the 120 patent in suit. The citation states "[a]fter water immersion, the outer casing separates to form a radio buoy and a hydrophone depending therefrom by a long cable." This is different than saying, as defendant does, that the Cotilla patent is asserted to be useful in sonobuoys containing to [sic] portions, one housing the hydrophone, the other housing the radio transmitter." Lastly, this finding refers to the invention of the Cotilla patent. This invention can not be gleaned from a review of only the patent. 62. The two sections of the sonobuoy are held together by a "cross-shaped leaf

spring" of a concave configuration when it relaxed. DX-227 at D227.2 col 2, ln 33 - col 3 ln 61 & D227.1, Figs 1a - 2b. During the manufacturing process, the leaf spring is placed under tension, forcing it into a flat configuration and causing the ends of the arms of the cross into corresponding slots in each half of the sonobuoy housing. Id. The ends of the cross thus lock the two halves of the sonobuoy together. Id. The leaf spring is held in the flat configuration by a bolt assembly. Id. Sparton Response to No. 62: The Cotilla reference is cited in the file history of the 120 patent in suit. Cotilla does not disclose (a) a planar plate constructed of deformable material, (b) a plate containing a hinge line or weakened sections, and (c) a float actuated release plate. PX-249, Boyle rebuttal report at 7.

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63.

During deployment, a sea water activated battery generates a current, which

detonates an explosive charge in the bolt assembly. DX-227 at D227.2 col 2, ln 33 - col 3 ln 61 & D227.1, Figs 1a - 2b. As a result, the leaf spring is allowed to relax to its normal unstressed concave configuration, which withdraws the ends from the slots in the housing and thereby allowing the hydrophone to separate from the radio transmitter. Id. Sparton Response to No. 63: The citation does not support the finding. When the leaf spring withdraws the ends from the housing slots, the hydrophone does not separate from the radio transmitter. DX227 at col. 2, ls. 9-15. [D227.2] Cotilla does not disclose (a) a planar plate constructed of deformable material, (b) a plate containing a hinge line or weakened sections, and (c) a float actuated release plate. PX-249, Boyle rebuttal report at 7. 6. 64. U. S. Patent No. 3,220,600

United States Patent No. 3,220,600 (the Wojciechowski or `600 patent), entitled

"Closure Having Pressure-activated Release Mechanism," was issued on November 8, 1965 to Francis X. Wojciechowski and Harald E. Karlson. DX-228 at D.228.3, col 1, lns 1-6. Sparton Response to No. 64: No comment. 65. The `600 patent describes a release mechanism that is useful in air-launched

sonobuoys. DX-228 at D.228.3, col 1, lns 18-23. The release mechanism releases the hydrophone and cable from the bottom of the casing upon impact of the casing with the water. DX-228 at D.228.3, col 1, lns 24-39. As described in the `600 patent, the casing of the sonobuoy has a groove on the inner surface adjacent the lower end. DX-228 at D228.4 col 3, lns 4-45 & D228.2, Figs. 3A-3C. The release plate is disc-shaped with a plurality of tabs around its

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periphery. Id. The release mechanism is formed into a dome shape, such that when inserted in the casing, the tabs cooperate with the groove in the casing to retain the sonobuoy contents within the casing. Id. The domed portion extends toward the exterior of the housing. Id. Upon impact with water, the fluid pressure against the exterior of the plate causes the plate to flex inward, thereby releasing the tabs from the groove and allowing the sonobuoy contents to deploy. Id. Sparton Response to No. 65: The citation, DX-228 at col. 1, ls 18-23 [D228.3], does not support the finding. The citation addresses the state of the art and not a release mechanism that is useful in air launched sonobuoys. The second sentence of this finding pertains to the prior art, not the Wojciechowski patented subject matter. Wojeciechowski does not disclose a flat plate, a float acting upon a release plate, and a plate with a weakened hinge line or radially extending locking tabs. PX-249, Boyle rebuttal report at 6. In Wojeciechowski, the retaining means is not disclosed as being located between the casing upper end and the float, is not released from the casing upper end, and a float is not disclosed. Id. at 8. 7. 66. U. S. Patent No. 3,291,092

United States Patent No. 3,291,092 (the Halberg or `092 patent), entitled

"Mooring Apparatus," was issued on December 13, 1966, to Paul V. Halberg and Clinton S. Myers, assignors to the Magnavox Company. DX-229 at D229.6, col 1, lns 1-7. Sparton Response to No. 66: No comment. 67. The Halberg patent describes a system of mooring a buoy to the ocean floor. DX-

229 at D229.6 col 1, lns 9-13. At Figure 1, the Halberg patent show deployment of the claimed

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system. `DX-229 at D229.6 col 2, lns 30-57. At stage A, the device enters the water and, at stage B, there is "separation" of the float from the cannister containing the device. DX-229 at D229.6 col 2, lns 30-57 & fig. 1. The Halberg patent states that "[t]he apparatus for achieving this result upon entry into the water is not shown in detail, because such devices are well known in the art." `DX-229 at D229.6 col 2, lns 37-40. In stage C, the Halberg patent shows the canister containing the device descending and paying out cable as it descends. DX-229 at D229.6 col 2, lns 30-57. In further describing the operation of the moored buoy, the Halberg patent states: "Upon entering the water, the float 14, which can be inflatable or of fixed configuration, is separated from the canister by any suitable means, whereupon the cable 18 begins to pay out of the canister as the canister descends." DX-229 at D229.7 col 4, lns 65-69. Sparton Response to No. 67: This finding is irrelevant because the Halberg reference is not analogous art and thus not prior art against the patents in suit. The Halberg reference has not been alleged to be in the field of Mr. Widenhofer's endeavor or reasonably pertinent to the problem with which he was concerned. PX-249, Boyle rebuttal report at 11. Furthermore, Halberg does not disclose the float 14 within the sonobuoy casing or a permanently closed lower end. Id at 4, 7 and 8. Fig. 2 of Halberg discloses the components within the sonobuoy casing 17. Id. Float 14 is not within said casing 17. Id. Halberg does not teach to inflate a float before it exits from the casing. Id. Halberg inflates the float after it exits from said casing. Id. Thus, Halberg does not disclose a slidably removable inflatable float or an inflatable float within the casing. Id. Halberg does not even disclose a release plate or an inflatable float located adjacent the release plate on the opposite side thereof with respect to the casing upper end; and his float is used for an entirely

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different reason and located in an entirely different location than Sparton's use for and location of same. Id. 8. 68. U. S. Patent No. 4,093,934

United States Patent No. 4,093,934 (the Urick or `934 patent), entitled "Free-

Falling Sonobuoy," was issued on June 6, 1978, to Robert J. Urick and Robert L. Parris, and was assigned to the United States, as represented by the Secretary of the Navy. DX-230 at D230.1, cover page, items 11, 45, 54, 73 and 75. The Urick patent issued from an application filed on April 28, 1965. DX-230 at D230.1, cover page, items 21 & 22. Sparton Response to No. 68: No comment. 69. The sonobuoy described in Urick was designed to operate at a depth of

approximately 12,000 feet. DX-230 at D230.4, col 4, lns 7-10. Sparton Response to No. 69: The citation, DX-230 at col. 4, ls 7-10 [D230.4], does not support the finding. The text of the citation is as follows. "The essential feature of a sonobuoy constructed in accordance with the search-in-depth concept is that it is operational while if falls, gravity, from near the surface to a depth of about 12,000 feet in deep water." This is different than saying "[t]he sonobuoy described in Urick was designed to operate at a depth of approximately 12,000 feet." 70. The Urick sonobuoy consists of a float and radio transceiver, a cable, an

electronics unit and a hydrophone or transducer array. DX-230 at D230.4, col 3, lns 5-45. The sonobuoy is packaged in a cannister. DX-230 at D230.4, col 3, lns 30-33. The float and radio transceiver remain at the surface. DX-230 at D230.4, col 3, lns 5-16 & D230.2, fig. 2. As the

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cannister descends, the cable is payed out of the cannister until operating depth is reached. DX230 at D230.4, col 3, lns 5-45. Sparton Response to No. 70: The citation, DX-230 at col. 3, ls 5-45 [D230.4] & Fig.2 [D230.2], is misleading. The Urick reference does not disclose (a) a float or a release plate as having ever been contained within the sonobuoy casing, (b) the electronic apparatus, float or release plate releasing from the upper end of the sonobuoy casing, or (c) the casing being used as a descent vehicle for the electronic apparatus before falling below said apparatus when said apparatus reaches its operating depth. Id. 9. 71. U. S. Patent No. 4,189,786

United States Patent No. 4,189,786 (the Adler or `786 patent), entitled "Radio

Buoy Assembly," was issued on February 19, 1980 to Ronald Adler. DX-231 at D231.1, cover page, items 11, 45, 54, and 76. The Adler patent issued from an application filed on June 29, 1962. DX-231 at D231.1 cover page, items 21 & 22. The Adler patent states that the invention may be manufactured and used by or for the United States government without the payment of any royalties. DX-231 at D231.4 col 1, lns 4-7. Sparton Response to No. 71: No comment. 72. The Adler patent describes a system consisting of a number of submarine-laid,

vertical array detectors designed to be moored to the ocean floor, with one or more "intelligence capsules" for transmitting information. `DX-231 at D231.4, col 2, lns 10-29 & D231.5, col 3, lns 21-24. Sparton Response to No. 72:

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This finding is irrelevant because the Adler reference is not analogous art and thus not prior art against the patents in suit. The Adler reference has not been alleged to be in the field of Mr. Widenhofer's endeavor or reasonably pertinent to the problem with which he was concerned. PX-249, Boyle rebuttal report at 11. Furthermore, although Adler references detectors moored to the ocean floor with "intelligence capsules," it does not disclose a sonobuoy deployment system. DX-231 at col. 2, ls. 10-29 [D231.4] & col. 3, ls. 21-24 [D231.5]. 73. The Adler patent describes the intelligence capsule as having a subsurface float

that is inflated using a pressure-time actuator. DX-231 at D231.6, col 5, lns 8-43. When dropped from the submarine, the actuator triggers inflation of the float. DX-231 at D231.6, col 5, lns 8-43. Expansion of the float as it inflates forces the float against a dome on the capsule. `786 patent, D231.6, col 5, lns 8-43. The Adler patent teaches that the force of the float may be used to either push the dome off the cannister or, if the dome is frangible, to break the dome. DX-231 at D231.6, col 5, lns 8-43. In either case, the Adler patent teaches that upon removal or breaking of the dome, the float continues to inflate, and is freed from the capsule. DX-231 at D231.6, col 5, lns 8-43. Sparton Response to No. 73: Although the Adler patent discloses a subsurface float breaking off a frangible plastic dome or pushing the capsule, the float never rises to the surface. DX-231 at col. 5, ls. 843 [D231.6]. The Adler capsule is not a plate, is not deformed and does not perform the functions of the plate disclosed in the Sparton patents. 10. 74. Sparton's Early DIFAR Developments

Magnavox Corporation and Sanders Associates, Inc. were selected by the Navy in

the 1964-65 fiscal year time frame to design and develop the DIFAR sonobuoy (`SSQ-53' or

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`DIFAR')." DX-17 at D17.2. The Navy assigned DIFAR sonobuoys the designation "AN/SSQ53." Testimony of Madera; Testimony of Boyle. Sparton Response to No. 74: No comment. 75. A AN/SSQ-53 sonobuoy is generally deployed for operation in the following

manner: the internal components of the DIFAR sonobuoy are packed inside a housing which is dropped from an airplane into a targeted location of the ocean. DX-116 at D116.96. Once deployed, a float or "buoy" remains at the surface of the ocean, with an attached antenna for transmitting radio signals. DX-116 at D116.96. Electronic devices called "hydrophones" are suspended beneath the buoy at a desired depth to "listen" for enemy submarines and receive acoustic signals therefrom. DX-116 at D116.96. The received signals are converted to electrical signals, which can be transmitted. DX-116 at D116.96. Sparton Response to No. 75: This finding is not supported by the citations therein. The subject matter of the citation may be the SSQ-57A/B sonobuoy, not the AN/SSQ-53 sonobuoy. DX-116 at G100095 [D116.96]. 76. [first sentence deleted]. In conjunction with the National Defense Mobilization

Program, the Navy issued RFP N00019-69-C-0075 (the `-0075 RFP) to six other contractors for the purpose of obtaining a third source for DIFAR sonobuoys. DX-241. Sparton Response to No. 76: The first sentence is unsupported by a citation. The second sentence contains portions, underlined above, which are unsupported by the citation.

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77.

The development of the original SSQ-53 spanned a 3-4 year time period, with

production of the SSQ-53 sonobuoy first occurring in Fiscal Year 1968. DX-17 at D17.2. Sparton Response to No. 77: No comment. 78. Sparton became a third supplier for SSQ-53 DIFAR sonobuoys in Fiscal Year

1969 when the Navy issued Sparton Contract No. N00019-69-C-0465 (`the `-0465 contract')." DX-17 at D17.2. Sparton Response to No. 78: No comment. 79. The SSQ-53 sonobuoy initially sold under the `-0465 contract incorporated a

rotochute that slowed its descent from an airplane and vertically oriented the buoy so that it would impact the ocean at its bottom end. DX-126 at D126.55-57, D126.59, D126.188-192. The SSQ-53 sonobuoy produced under the `-0465 contract had a release plate located at the bottom end of the sonobuoy housing which was caused to release from the housing by the sonobuoy's impact with the water. DX-126 at D126.55-57, D126.59, D126.188-192. This permitted the components to exit the lower part of the housing and to descend to their operating depth. DX-126 at D126.55-57, D126.59, D126.188-192. Sparton Response to No. 79: No comment. 80. The DIFAR listening components for SSQ-53 sonobuoys produced under the

original `-0465 contract extended 90 feet below the water's surface. PX 6 at B0066. Sparton Response to No. 80:

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The cited page of the cited exhibit states that the standard DIFAR subsurface components extend 90 feet below the float and cable spool assembly. PX 6 at A000192 [B0066]. The finding should thus be modified accordingly. 81. The U.S. naval fleet was provided with production SSQ-53 sonobuoys by all three

manufacturers, and upon using them at the depth of 90 feet, recommended that they include a dual depth capability, i.e., the deployed hydrophone could be deployed to a shallow depth of 90 feet or to deeper depths of 500 or 1,000 feet. DX-17 at D17.2-3-4. Sparton Response to No. 81: The use occurred in 1972. 82. "The Naval Development Center (`NADC') had conducted theoretical studies and

sea tests which confirmed that a deeper hydrophone would result in an improved submarine detection capability." DX-17 at D17.2-3; DX-123 at D123.4. Sparton Response to No. 82: No comment. 83. The U.S. Navy determined that nominal depths of 90 and 1000 feet would

improve the operation of its SSQ-53 sonobuoys. DX-223 at D223.7-.8; Sparton Pretrial Br. at 43, ¶ 25. Sparton Response to No. 83: Although the citations, the SSQ-53A specification and Sparton's pretrial brief, do not support the finding as written, the finding may be modified to indicate that the U.S. Navy determined that 1000 feet was an optimum deep depth for the operation of its SSQ-53 sonobuoy. 11. The S3A-Launched Sonobuoy Proposal

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84.

At some time before October 1970, Sparton learned that the Navy intended to use

S-3A aircraft to launch sonobuoys, rather than P-3 or S-2 aircraft. DX-159 at D159.2, D159.4. The P-3 was a land-based aircraft, the S-2 and S-3 were carrier-based. DX-126 at D126.115116, D126.308-311. Sparton Response to No. 84: The citation, DX-159 at SPA 26777, 26779,[D159.2, D159.4] does not support the first sentence of this finding. When and what Sparton learned prior to October 1970, as concerns the referenced aircraft, is unspecified in the cited material. 85. The S-3A aircraft introduced launch conditions that would adversely affect or

destroy the sonobuoys being used by the Navy in 1970 because it could launch sonobuoys from higher altitudes and at greater speeds than the earlier aircraft. DX-159 at D159.4. Sparton Response to No. 85: The citation, DX-159 at SPA 26779 [D159.4], does not support the first sentence of this finding. The wording used in the cited document is "can" and not "would" and "flight capabilities," not "launch conditions." DX-159 at SPA 26779 [D159.4]. Mr. Boyle indicated that the faster speed of the S-3A aircraft compared with the S-2A aircraft did not necessarily necessitate the use of a parachute. DX-126 at 645 [D126.310]. 86. On October 1, 1970, Sparton submitted an unsolicited proposal to the Navy,

offering to perform a study with the objective of designing a drogue parachute system capable of meeting the S-3A sonobuoy launch and descent time requirements. DX-159 at D159.1-D159.18. Sparton Response to No. 86:

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The citation, DX-159 at SPA 26776 [D159.1], 26793 [D159.18], 26788 [D159.13], does not support this finding. The exhibit does not indicate that Sparton submitted this proposal to the Navy and maintained the noted objective. 87. Sparton proposed that Mr. Donald R. Depew would be the Senior Mechanical

Engineer on the project. DX-159 at D159.16. In proposing him, Sparton cited Mr. Depew's experience in working on the AN/SSQ-62 (DICASS) stabilizer parachute and a heavy moored sonobuoy as making Mr. Depew ideally suited to be Senior Mechanical Engineer on the study. DX-159 at D159.16. Sparton Response to No. 87: The citation, DX-159 at SPA 26791 [D159.16] does not support this finding because the cited exhibit does not indicate or establish that a proposal was made to the Navy. 88. proposal: Sparton has developed performance parameters and specifications for a drogue stabilizer chute to meet DICASS sonobuoy design requirements. This particular chute [] has been subjected to several launch tests. At Key West, a 35.5-pound mechanical model sonobuoy was successfully dropped from an altitude of 500 feet at a speed of 300 knots. Drop time was 4.7 seconds and the water entry angle was 90º. Another drogue chute test was conducted in Maine, where a mechanical model was dropped from 2000 feet at 250 knots. The water entry angle was 90º and drop time was 21 seconds. This drogue chute design allows a sonobuoy descent velocity of 100-130 feet per second. By using a drogue in lieu of the standard 4-blade rotochute, space and weight savings, as well as increased reliability, have been achieved in the DICASS sonobuoy. DX-159 at D159.17. Sparton Response to No. 88: The citation, DX-159 at SPA 26792 [D159.17], does not support this finding because the cited exhibit does not indicate or establish that a proposal was made to the Navy. With respect to the AN/SSQ-62 (DICASS) sonobuoy, Sparton further stated in the

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89.

In the late 1960s, prior to introduction of the S-3 aircraft, sonobuoys were

launched from S-2 or P-3 aircraft. DX-159 at D159.4. The sonobuoy "drop envelope" for S-2 and P-3 aircraft was up to approximately 20,000 feet altitude and up to a maximum launch speed of approximately 300 knots. DX-159 at D159.6. The sonobuoy "drop envelope" for the S-3A aircraft was up to 40,000 feet altitude and up to 400 knots. DX-159 at D159.6. Sparton Response to No. 89: The citation, DX-159 at SPA 26779 [D159.4], 26781 [D159.6], 26792 [D159.17], does not support this finding because the cited exhibit does not indicate or establish that (a) sonobuoys were launched from S-2 and P-3 aircraft in the late 1960s prior to the introduction of S-3 aircraft, (b) the S-2 or P-3 are the slower conventional aircraft referred to on SPA 26781, and (c) the sonobuoy "drop envelope" for the S-3A aircraft was up to 40,000 feet altitude and up to 400 knots instead of "possibly" being up to 40,000 feet altitude and up to 400 knots. DX-159 at SPA at 26781 [D159.6]. 90. In its proposal, Sparton stated that "the High-Speed Rotochute Deployment Study

(conducted by NADC and Sparton) indicates that the maximum feasible launch speed for the rotochute is 350 knots. DX-159 at D159.8. Sparton Response to No. 90: The citation, DX-159 at SPA 26783 [D159.8], does not support this finding because the cited exhibit does not indicate or establish that such a proposal was made to the Navy and the referenced "Study" is not provided as an exhibit by defendant. 91. Sparton suggested several methods of retarding and stabilizing the descent of

sonobuoys launched from S-3A aircraft, including drogue chutes. DX-159 at D159.8. Sparton then stated:

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With the exception of the simple drogue chute, all of the retarding devices require a water impact operated release mechanism to clear the buoy[.] However, the use of drogue chute on floatation bag type sonobuoys would eliminate the need for a chute release mechanism. By eliminating the complex mechanical linkage presently used in AN/SSQ-47, -50 and -53, increased reliability and cost reductions may be achieved. DX-159 at D159.8. Sparton Response to No. 91: The citation, DX-159 at SPA 26783 [D159.8], does not support this finding because the cited exhibit does not indicate or establish that a suggestion was made to the Navy. 12. 92. Sparton's DICASS Contract Efforts

Sparton was awarded Government Contract No. N00019-69-C-0592 (the `-0592

contract) to design, develop, fabricate, test and furnish fifty experimental over-the-side models and fifty developmental air-drop models of AN/SSQ-62(XN-2) Directional Command Active Sonobuoy System (DICASS). DX-169 at D169.11. Sparton Response to No. 92: The citation, DX-169 at 1, does not support this finding because there is no DX169 at 1. It is believed that defendant may, however, have intended to refer to DX-169 at 9 [D169.11]. In this case, the citation still does not support this finding because DX-169 is not the `-0592 contract, but rather is an Interim Report and does not establish the contract that Sparton may have been awarded or its terms. 93. On September 5, 1970, Sparton submitted a report of its activities under the `-

0592 contract covering the period May 9, 1970 through August 8, 1970, entitled "DICASS Sonobuoy AN/SSQ-62(XN-2), Interim Report No. 5" ("XN-2 Interim Report 5"). DX-232 at D232.5. XN-2 Interim Report 5 was submitted to Naval Air Systems Command. DX-232 at

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D232.5. XN-2 Interim Report 5 was received by the Defense Data Center on October 6, 1970. DX-232 at D232.4. Sparton Response to No. 93: The cited document does not establish that Sparton submitted the report to NAVAIR on September 5, 1970 or that it was received by the DDC on October 6, 1970.

94.

Figure 16 of XN-2 Interim Report 5 is a drawing of the mechanical layout of the

SSQ-62(XN-2) sonobuoy. DX-232 at D232.41-42. Section C-C of that layout drawing shows the release mechanism. DX-232 at D232.41-42. The release mechanism is located at the bottom of the housing. DX-232 at D232.41-42. The release mechanism shown in Section C-C is as shown below:

DX-232 at D232.41-42. 30. Sparton Response to No. 94:

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This finding is unsupported by the cited document. Section C-C of the drawing does not indicate that it is a release mechanism. 95. On December 5, 1970, Sparton submitted a report of its activities under the `-

0592 contract covering the period August 9, 1970 through November 8, 1970, entitled "DICASS Sonobuoy AN/SSQ-62(XN-2), Interim Report No. 6" ("XN-2 Interim Report 6"). DX-169 D169.11, ¶1. XN-2 Interim Report 6 was submitted to Naval Air Systems Command. DX-169 at D169.5. XN-2 Interim Report 6 was received by the Defense Data Center on December 20, 1970. DX-169 at D169.5. Sparton Response to No. 95: The cited document does not establish that Sparton submitted the report to NAVAIR on December 5, 1970, or that it was received by the DDC on December 20, 1970. 96. XN-2 Interim report 6 "describes work completed during the sixth quarter of the

contract." DX-169 at D169.6. The abstract of Interim Report 6 states: Final air-drop tests of mechanical model sonobuoys have been successfully completed and approval of mechanical design has been granted by NADC [Naval Air Development Center]. DX-169 at D169.6. Sparton Response to No. 96: The cited document does not contain the referenced quote. 97. In describing the SSQ-62(XN-2) sonobuoy, XN-2 Interim Report 6 states:

Descent stabilization following an air launch will be accomplished with a drogue chute. This device requires less space than the conventional sonobuoy rotochute and will preclude rotational motion as well as centrifugal and vibrational forces imparted by a rotochute. In addition, the drogue chute will reduce the depth to which the sonobuoy will descend immediately following water impact. A reduction in subsurface descent velocity will facilitate float inflation and minimize the possibility of float damage.

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DX-169 at D169.14, ¶1.c(4)(g). Sparton Response to No. 97: No comment. 98. In Interim Report 6, Sparton concluded that the "final air-drop test of the

mechanical model sonobuoys was successfully completed and approval of the mechanical design granted by NADC." DX-169 at D169.57, ¶5. Sparton Response to No. 98: The writer of the report indicated that the sea test results were gratifying "considering the phase of the program." Sparton did not draw any conclusion given the phase of the program. 99. At some time in September 1971, Sparton submitted a report of its activities under

the `-0592 contract covering the period February 9, 1971 through June 1, 1971, entitled "DICASS Sonobuoy AN/SSQ-62(XN-2), Final Report" ("XN-2 Final Report"). DX-234 at D234.5. The XN-2 Final