`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 1 of 151
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 3
`EXHIBIT 3
`
`
`
`
`
`
`
`
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 2 of 151
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`U.S. PATENT NO.: 9,467,838
`
`CONTROL
`NUMBER:
`
`90/014,510
`
`FILING DATE:
`
`May 15, 2020
`
`ART UNIT: 3992
`
`CONF. NO.: 7707
`
`EXAMINER: Tarae, Catherine
`Michelle
`
`TITLE: METHOD TO PROVIDE AD HOC AND PASSWORD
`PROTECTED DIGITAL AND VOICE NETWORKS
`
`FILED ELECTRONICALLY
`
`Mail Stop Ex Parte Reexam
`ATM: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DECLARATION OF MALCOLM K. BEYER JR. IN SUPPORT OF
`REPLY TO OFFICE ACTION
`
`I, Malcolm K. Beyer, Jr., being duly sworn, hereby state as follows:
`
`1.
`
`I am the Chief Executive Officer ("CEO") of Plaintiff A.GIS Software
`
`Development LLC ("AGIS"). I am also the first-named inventor on U.S. Patent No. 9,467,838
`
`(the "'838 patent"). I submit this declaration based on my personal knowledge and in support of
`
`AGIS's response to the non-final office action issued by the Office in its reexamination of the
`
`'838 patent (Control No. 90/014,51.0).
`
`Background
`
`2.
`
`I graduated from the U.S. Naval Academy in 1962 and was commissioned as a
`
`Second Lieutenant in the U.S. Marine Corps. I later attended the U.S. Navy's programming
`
`school and was the lead programmer for the first automated Marine Corps Tactical Operations
`
`Center Link-11 Navy Interface.
`
`Document Subject to Protective Order in Case No. 2.19-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 3 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`3.
`
`After leaving active service, I worked at a number of well-known technology
`
`companies, including System Development Corporation (considered the world's first computer
`
`software company) and Litton Industries. I then started several businesses which provided
`
`technology and engineering solutions supporting defense and military customers.
`
`4.
`
`In 1987, I co-founded Advanced Programming Concepts, Inc. ("APC"), a Texas
`
`corporation based in Austin, Texas. APC operated primarily out of its main business location in
`
`Austin, Texas. APC specialized in designing, building, and supporting systems for enabling
`
`integration and sharing time-critical information across dissimilar military and defense
`
`applications. At APC, I was the majority shareholder and Chairman until we sold the business to
`
`Ultra Electronics in July 1999.
`
`5.
`
`On June 30, 2004, I founded Advanced Ground Information Systems, Inc.
`
`("A.GIS Inc."). AGIS Inc.'s main business location is located at 92 Lighthouse Drive, Jupiter,
`
`Florida. AGIS Inc. also maintains business locations in Austin, TX and Kansas City, KS. AGIS
`
`Inc. employs approximately 15 people. In 2017, the Board of AGIS, Inc. approved a
`
`reorganization plan which organized AGIS and AGIS, Inc. under its current parent, AGIS
`
`Holdings, Inc. AGIS, Inc. continues to sell the AGIS LifeRing solutions while AGIS maintains a
`
`data center located at 1005 Stuart Lane, Marshall, Texas 75672. AGES's Texas data center hosts
`
`servers, code, applications, and services necessary to run operations for AGIS Inc.'s LifeRing
`
`products and solutions and is used for research and development projects.
`
`6.
`
`As the CEO of AGIS and AGIS Inc. and first-named inventor of the '838 patent, I
`
`have knowledge of all facets of the businesses, including the conception and reduction to
`
`practice of the '838 patent and the diligence involved in reducing to practice the claimed
`
`inventions.
`
`2
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 4 of 151
`
`Attorney Docket No. 252.5.996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`Since 2004, AGIS c.'s primary business has revolved around offering the
`
`"LifeRing" products and solutions which include client-based applications and a server-based
`
`solutions for, generally, enabling smartphone, tablet, and PC users to easily and rapidly establish
`
`secure ad hoc digital networks, LifeRing 5.0 and its predecessor versions have been offered and
`
`sold to military, defense, and first-responder customers, as well as private industry customers.
`
`8.
`
`AGIS LifeRing software was developed by United States military veterans as a
`
`response to the September llth, 2001 terrorist bombings. Since that time, th€: company has
`
`continued its development efforts; leveraging the technological advances in modern PCs and
`
`Smartphones as well as communications methods, AGIS's Lit7eRing software enables PC,
`
`iPhone, and Android Tablet and Smartphone users to easily establish ad hoc COP networks
`
`where many people need to coordinate and collaborate with many others.
`
`9.
`
`AGIS LifeRing provides users with the present location and status of others.
`
`LifeRing soft /are uses GIBS to provide location data. Users can seamlessly enter geo-locations
`
`of events or objects by selecting the desired map location and then the appropriate symbol.
`
`Information about other networked users and symbols can be obtained by touching symbols on
`
`the map.
`
`10.
`
`AGIS LifeRing provides an interactive map display. :Because accuracy is
`
`necessary to ensure the success of life and death missions, AGIS's maps are geo-referenced so
`
`that users and events are displayed at their correct locations in real-time. To interact and.
`
`c:orrimunicate with other users in a one or more groups, users simply touch the display at the
`
`desired map location and then select the appropriate or desired symbol, which appears at the
`
`correct map location, to initiate an exchange. LifeRing supports 80 different map types.
`
`3
`Document Subject to Protective Order in Case No. 2.19-cv-361 (E. D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 5 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`11.
`
`Over the years, LifeRing has been successfully deployed and tested in operational
`
`environments, including:
`
`• New York Emergency Operations Center Test
`
`• National Incident Management System (NIMS)Test
`
`• Coalition Warrior Interoperability Demonstration (CWID)
`
`• Army Network Integration Evaluation (NIE 12.1, 12.2 and13.1)
`
`• Numerous US Joint Chiefs of Staff. Exercises
`
`• The Defense Intelligence Agency (LifeRing won 4 Stars in the DIA's
`
`PLUGFEST)
`
`• SOCOM TNT Exercises (2012 &2013)
`
`• US NATO Bold Quest (2012, 2013)
`
`•
`
`Joint-Interagency Field Experimentation (11FX) Exercises
`
`• Army Expeditionary Warrior Experiment (AEWE 2013)
`
`•
`
`Jolted Tactics
`
`• US Navy
`
`•
`
`International Partners (e.g., Australian, Dutch Defense Forces)
`
`12.
`
`I am the first-named inventor of the '838 patent and its claimed inventions. I am
`
`very familiar with the claimed inventions of the '838 patent as I am the main point of contact for
`
`patent prosecution matters at AGIS (and formerly at AGIS, Inc.) and I personally reviewed and
`
`approved of the issued claims 1-84 of the '838 patent.
`
`13.
`
`In addition to me, Mr. Christopher R. Rice is identified as a co-inventor on the
`
`'838 patent. With respect to the '838 patent, Mr. Rice's contributions included the client-server
`
`4
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 6 of 151
`
`Attorney Docket No. 252.5.996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`communications. For example, Mr. Rice contributed to the portion of the claimed invention
`
`related to the following recited limitations: "sending, to a second server, a request for second
`
`georeferenced map data different from the first georeferenced map data" and "receiving, from
`
`the second server, the second georeferertr 'd map data."
`
`14.
`
`In this reexamination proceeding, I understand that the Office has issued several
`
`rejections based on I .S. Patent No. 7,353,034 ("Haney"). understand that Haney's application
`
`filing date is April 4, 2005. However, I invented the claimed inventions prior to April 4, 2005.
`
`15.
`
`The claimed inventions of the '838 patent were conceived of by at least January
`
`19, 2005 and were reduced to practice by October 22, 2005. The October 22, 2005 reduction to
`
`practice was the product of diligent work on the part of a team of engineers and programmers
`
`under my direction and supervision. Below, I identify and submit substantial evidence
`
`regarding the conception and reduction to practice of the claimed inventions of the '838 patent.
`
`16.
`
`The claimed inventions recited in the '838 patent were conceived of by at least
`
`January 19, 2005. In August 2004, AGIS and its customer Raytheon engaged in discussions to
`
`develop a homeland security solution based on AGIS' s LifeRing solution. In Exhibit 1 to this
`
`declaration, I provide a copy of an email summarizing an outline of the planned phases of
`
`development. Exhibit I, After these August 2004 discussions, AGIS submitted a proposal for a
`
`system of PDA/cell phone devices for use in a homeland defense system, and AGIS reduced its
`
`proposal to a statement of work (SOW) on or around August 29, 2004. The August 29, 2004
`
`SOW outlined the system using PDA. cell phone devices for transmitting and displaying tracked
`
`participants on maps,
`
`"correctly geographically- superimposed on a map" and for interacting
`
`with the map to exchange data. Exhibit 2.
`
`5
`Document Subject to Protective Order in Case No. 2.19-cv-361 (E. D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 7 of 151
`
`Attorney Docket No. 2525.996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`17.
`
`On January 19, 2005 I prepared a presentation for Raytheon attached hereto as
`
`Exhibit 3, and this presentation was presented to Raytheon personnel, including Kurt Winckler,
`
`on January 21, 2005. The January 19, 2005 presentation attached as Exhibit 3 is evidence that I
`
`and Mr. Rice had conceived of the claimed inventions as early as January 19, 2005.
`
`ADVANCED GROUND tNFORMATtON SYSTEM
`
`•
`
`.4,,••••
`
`kn
`
`5•At, :.::t
`
`,ta
`
`'x.et.s• +AN A aairsErzt
`
`nC
`
`tkt`ftt At A .30 :.WI
`
`kv
`
`WO, t'x*
`OttAOtt itt:0
`qtr gut VAA4 WAttt.tAiA, t AtA0AtAtt •AsAAkt A4$A4.1 t.softz$A,V,tr.
`
`b`, V"
`
`4.voext:4:.
`
`ProOetaty
`
`Exhibit 3 at 1.
`
`18.
`
`The January 21, 2005 presentation describes cell phone/PDA devices
`
`programmed with software to permit users to display different maps and overlay maps, zoom and
`
`offset maps, enter other entities (track symbols), assign information associated with entities,
`
`obtain location and information of other AGIS units and tracking them, displaying tracking
`
`histories, and selecting different maps (e.g., fixed versus moving).
`
`6
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 8 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGIS OPERATION
`Display
`
`The AGIS operator can:
`Dispiay different maps and overlay maps
`- Zoom and Offset maps
`- Enter other entities (track symbols) such as accidents„ fires..
`trucks, military units, etc., and assign intbrmation associated with
`them
`- Obtain range and bearing readings to other locations
`- Obtain location and information of other ACTS units and the
`tracks that they have entered
`- Display the track histories
`- Select a ffxed map €his symbol moves across the map)
`Select a moving map this symbol stays at the center of the
`display a€
` the map moves underneath)
`- Specify that the map and the symbols occu€py most of the display
`
`Exhibit 3 at 3.
`
`19.
`
`The January 21, 2005 presentation describes that the AGIS software provides
`
`each user with the following features: display user's phone's and other users' phones' location,
`
`status, heading, speed, altitude, phone signal strength, and GPS status; displaying phones'
`
`locations, identities, and status information on different maps; establishing voice and data
`
`communications with other participants by interacting with the symbols; and transmitting
`
`messages and multimedia between participants.
`
`7
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 9 of 151
`
`Attorney Docket No. 2525.996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGIS OPERATION
`Display
`
`The AGES operator can:
`Display different maps and overlay maps
`— Zoom and Offset maps
`Enter other entities (track symbols) such a5s, accidents, tires,
`trucks, military uni€s, etc., and assign information associated with
`them
`— Obtain range and bearing readings to other locations
`Obtain location and €€formation of other AGIS units and €he
`tracks that they have entered
`Display the track. histories
`— Select a fixed map (his symbol moves across the map)
`Select a moving map (his symbol stays at The center of the
`display and the map moves unde€neath)
`— Specify that the map and the symbols occupy most of the display
`
`Proprietary
`
`Exhibit 3 at 3.
`
`8
`Document Subject to Protective Order in Case No. 2•19-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 10 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGJS SOFTWARE
`
`PROVIDES EACH USER:
`
`• Display of his end other phones' location, status, heading, speed
`attitude, phone signal strength and GPS status (on, off, 2D or 3D).
`
`• His and other AGt$ panicipants' location, identity and status information
`superimposed on a variety of maps, aerial photographs, and satellite
`images.
`
`• Multipte, easily accessible, tayered SoftSwitches organized by category to
`triable €he ACIS operator to quickly operate the system.
`• The ability quickly. and 41OSity to establish voice and data communications
`(f..loint to talk) wAh any other AGIS net participant without losing the
`tactical picture by simply hooking other site's symbols.
`
`• The al tlFty quicidy to transmit free text, fixed formatted messages,
`photographs and video clips between each user
`
`.4etor4 W.*
`
`ft :writ:Amy
`
`Exhibit 3 at 5.
`
`9
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 11 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AG IS SOFTWARE
`Continued
`
`AG /8 FURTHER PR.OVIDES EACH LI$E.R:
`
`• The ability to enter fdendly and hostile forces (or other information such as
`fires, ernergences, accidents, pilot boats. Fire boats, etc.1 locations on a
`soap and to associate data With their symboL
`intbrrnstion is then
`transmitted al'" g with the AGM participants location On the AG IS cellular
`net to ati other AGMequitved users:
`
`• The abiiity to receive and transmit free text, fixed: formatted, photograph",
`and video clip" massages by f:lointing at the AGM user to whom they ate
`to be sent
`
`• The ability to establish range and bearing data from the user to any point.
`
`• The ability For each AGIS user to view h s oWf/ and other tracks' history bait
`and last he
` data.
`
`• The ability to also operate from a PC and a Tablets:
`
`•
`
`ktat
`
`SSS:
`
`4,vaxv.,,, SR $."0:2:
`
`Pmptiectaty
`
`Exhibit 3 at 6.
`
`20.
`
`The January 21, 2005 presentation describes the formation and use of groups or
`
`"nets" of participants.
`
`10
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 12 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGIS OPERATION
`
`The operator conticis €he AGM with either a St si or using Finge:€ On Glass
`
`The operator interarJs with the AGIS through the use of layered SoftSvOtches
`which are located at the bottom of the display.
`
`When initializing the system,. the AGIS operator specifies from a list those AGiS
`users with whom he desires to net location data and with whom he desires to
`be able to conduct rapid voice and data communications,
`
`When the AGIS is prompted to respond with its location, it sends its location
`and 'status to all that are part of the net.
`
`MiiStd 282t5 symbols Or Homeland Defense defined symbols+) are associated
`with each user and appear at the correct location on each of the displays,
`
`The AGM operator obtains information arnceming other symbols appearing on
`the display by touchng the screen at their location thereby •Ahooking" them,
`Data concerning the other symbol then appears on the low r part of the AGIS
`display.
`
`'zkisY
`
`*We:a , ..v*iev
`
`Exhibit 3 at 8.
`
`Pmpirk:tary
`
`1l
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 13 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGIS OPERATION
`Cellular phone calls
`
`When the AGIS op'erator decides to call another ACAS user; he simply
`hooks the other user's symbol and seleOs the Call SollSwillth, The phone
`of the AGlS receiving call then hears a ring and sees a box appear ammo:
`tie sender's syrnboi.,
`
`The AGIS operator can setup pre,fk,stablistied nets of up to six AGIS net
`participarits When he desires to talk to that group of users he selects the
`appropvriate net rumber and a conference call is e(ttornatically made,
`
`The AGIS operator can conference an almost unlimited number of AGIS
`participants by using the AGilS's 8th conferehoing capabiiity. AftgAi€s the
`AGIS operato€ assigns AGIS participants to a net number. When he desires
`to make the GertfereriCe call, he selects the net number. This action causes
`a message to be sent to alt of the AGM participants, causing their phones to
`a' utomatically cal en &)O number and automatically entering their participant
`code.
`
`Pmptiorarty
`
`4
`
`Exhibit 3 at 9.
`
`21. AGIS's LifeRing solution was under development throughout 2004 and 2005.
`
`During this period, I conceived and reduced to practice both non-server and server-based
`
`implementations. As I discussed above, Mr. Rice's contributions included the client-server
`
`communications, including "sending, to a second server, a request for second georeferenced map
`
`data different from the first georeferenced map data" and "receiving, from the second server, the
`
`second georeferenced map data." In the non-server implementations, AGIS's maps were
`
`uploaded to and called from databases and the transmissions occurred over SMS only. However,
`
`in the server-based implementations, which were conceived of by January 19, 2005, the devices
`
`communicated with intermediary servers and the maps requested and received from servers. The
`
`12
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 14 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`January 21, 2005 presentation describes an AGIS server implementation and the development
`
`and testing of preproduction server-based implementations were underway.
`
`AGIS SERVER
`
`• When AGiS is operating in a SMS (-slow speed) mode of operation,
`communications are from the AGIS phone to the telephone company and
`Inert from the phone company to all ether AGIS phones,
`
`• When the AGjS lid operating in a high speed GRPS COMA' 000 Ixf-NDO
`mode. communications are from the AGIS phone to the telephone phone
`tompenv, then to the. TCP/IP Server and from the TCPAP SONW to at the
`other AGIS phoۥes,
`
`• The TCP/1P Server pashe.s the received data to the ACAS phones so that
`information is ttiit*i:;:ed within approximately 5 Sec>0nd8,
`
`• The TCP/IP Se€ver provides into operability between £lie GRPS
`C0MP42000 IxEV-DO communications,
`
`• The AG /S accounts for when: the phones go into Voice mode and then
`transmits data in skis until high speed communications are available.
`
`• The TCP/IP Server is operating on a 24 hour basis, We are still in the
`process of resolving Server Trouble Reports.
`
`Proffic+Alty
`
`Exhibit 3 at 14.
`
`13
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 15 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`AGIS STATUS
`
`THE PROTOTYPE AGES HAS UNDERGONE A WEEK OF TESTING AT THE NAVAL.
`RESEARCH LABORATORY'S (WRY.} ANTITERRIORISM GROUP. DURING THE TEST
`PERIOD. ME: AWS OPERA no wrmour FAILURE. THE RESULTS OF THIS TESTIN.D
`WAS Postrive. 11. WAS REQUESTED THAT
`
`ASIS FUNCTION SWITCHES at MADE EASIER TO USE AND REMEMBER'
`
`MULTIPLE MAP SETS CAPABILITY SE PROVIDED'
`
`DIRECTION UP MAPS AND MOLTIPLE LOCATION MAPS SE PROVIDE:Ds*
`WE ARE UNDER CONTRACT TO ADD TNE OTHER FEATURES (OTHER IMAM SECUR4TY}
`DISCUSSED IN THIS PRESENTATKIN.
`
`THE PREPRODUCTION AGtS IS DUE TO SE TESTED AT NRI, IN FEB
`
`S.
`
`ALL THE FEATURES (EXCEPT' St:COMFY) WILE. SE INCORPORATED INTO THE SEATTLE
`DEL WEEaY
`
`f24 4:44424.4:,koewy trwerfialcub0
`
`Propriotary
`
`Exhibit 3 at 15.
`
`22.
`
`This is consistent with AGES's plans to provide "over the air" georeferenced maps
`
`via servers. Exhibit 4 at 8-9.
`
`14
`Document Subject to Protective Order in Case No. 2.19-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 16 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`an:, Figure #€r depicts setection of co states arid geopolitical boundaries. As part of a
`
`Propnetary
`
`Advanced Grow rtd information Systems, ;r>-. TS pit titant,w14:15-tYS-9. Pmposai Nktmi>er
`0725
`Pmpriatary
`
`9
`
`separate non government funded e€fort, AGIS otans to incorporate 'over the air
`downloading of georeferenced reaps.
`
`rrzr
`
`'''m
`
`:t:ectzx
`
`P•XCC:."C
`
`rtse..- in
`
`•
`
`Y.da
`
`et*
`
`4**c:so:a
`
`21$2
`rf
`
`1C,2
`
`Figure 17
`
`Figure 18
`
`Figure 19
`
`Exhibit 4 at 8-9.
`
`23.
`
`Under my direction and supervision, AGIS was diligent in reducing to practice
`
`the claimed inventions of the '838 patent. Immediately after conception, I assembled a team to
`
`begin development and testing of various implementations. The AGIS project timeline consisted
`
`of multiple phases, and the project timeline was updated continuously over the course of
`
`development. Exhibits 5-8 describe multiple timeline updates based on changes to the server-
`
`based implementation. From January 2005 to October 2005, AGIS dedicated hundreds of hours
`
`to the development and testing of the server-based implementations of the AGIS LifeRi.ng
`
`solution. The development team included myself, Christopher R. Rice, Sandel Blackwell,
`
`15
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 17 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`Dennis Hoff, Scott Brown, and Jason Cardamone. Exhibits 9-14 include timesheets from the
`
`individuals involved in the development and evaluation of the AGIS LifeRing solution during
`
`the period of April 2005 through October 2005. These timesheets demonstrate that I was diligent
`
`in reducing to practice the January 19, 2005 concepts for the server-based implementation of the
`
`AGIS LifeRing solution. Please note that these timesheets indicate billable hours only, which
`
`reflects a subset of the actual time dedicated to the research and development and testing of the
`
`LifeRing solution.
`
`24.
`
`In April 2005, Mr. Rice dedicated at least 39 hours to fixing the SMS
`
`transmission and 'FCP protocol portions of LifeRing. In April 2005, Mr. Blackwell billed 89
`
`hours for work including, for example, updating the change rate of the displayed information,
`
`grouping and selecting participant groups, and user location updates. Mr. Blackwell was also
`
`involved in testing TCP and SMS communications issues and server issues including fixing
`
`database scroll issues on the server-based implementation. Mr. Blackwell also worked on
`
`addressing memory leakage issues. Mr. Blackwell also worked on integrating and developing
`
`Global Mapper features and other different maps used in LifeRing. Mr. Blackwell
`
`communicated with and worked closely with Mr. Rice to address these problems. Mr. Blackwell
`
`also worked on finalizing several versions of code. In April 2005, Mr. Hoff billed 17 hours for
`
`work on testing portions of LifeRing and developing code for the client side of LifeRing. Mr.
`
`Hoff was involved in testing location tracking and the loading of the client side application.
`
`Prior to April, Mx. Hoff was involved in development and testing for the location tracking,
`
`mapping data, interaction with maps and symbols, displaying of locations, maps and symbols,
`
`data and multimedia transfers, memory issues, and other issues related to both client and server
`
`side issues and had billed over 190 hours for such work between January 2005's conception date
`
`16
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 18 of 151
`
`Attorney Docket No. 252.5.996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`and April 2005. In April 2005, Mr. Brown billed 160 hours for work on testing the LifeRing
`
`system. Mr. Brown was responsible for testing all portions of the code and client side program
`
`to find bugs and errors and to track reporting on such items. Mr. Brown also assisted Mr.
`
`Blackwell, Mr, Rice and myself on documentation of the LifeRing reports, manuals, and
`
`versions.
`
`25.
`
`In May 2005, Mr. Rice billed at least 60 hours for work related to fixing problems
`
`related to SMS and voice transitions, photo transmissions, and SMS transmissions. Mr. Rice
`
`also spent considerable time creating and testing UDP communications protocol for establishing
`
`communications between applications and servers, including testing the new implementation of
`
`the protocol with a device. Mr. Rice also worked on the development of the CSIF code. Du:
`
`this time. Mr. Rice communicated frequently with Mr. Blackwell, who was also working on
`
`updates to the code, in May 2005, Mr. Hoff billed 11 hours for work on testing portions of
`
`LifeRing and working with Mr. Rice and Mr. Blackwell on testing features. In May 2005, Mr.
`
`Cardamone billed 80 hours for work related to the code and configuration of an SVN code
`
`repository. Mr. Cardamone also worked on the communications and display issues for LifeRing.
`
`Mr, Brown was responsible for testing all portions of the code and client side program. to find
`
`bugs and errors and to track reporting on such items. In May 2005, Mr. Brown billed 80 hours
`
`for work on testing the LifeRing system. Mr. Brown also assisted Mr. Blackwell, Mr. Rice and
`
`myself on documentation of the LifeRing reports, manuals, and versions.
`
`26.
`
`In June 2005, Mr. Rice billed at least 60 hours for t sork related to transmission
`
`issues with SMS and phone/conference calls. He worked on enhancing the stability of our SMS
`
`transmissions and supported our efforts on data reductions, UDP communications protocol, and
`
`CSIF code. Mr. Rice also made changes to the code for location tracking and message handling.
`
`17
`Document Subject to Protective Order in Case No. 2.19-cv-361 (E. D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 19 of 151
`
`Attorney Docket No. 252.5.996REX0
`Control No.: 90/014,510 (Re-exam of U.S. Patent No. 9,467,838)
`
`Mr. Rice also worked on network configuration for our development server. During this time,
`
`Mr. Rice communicated frequently with Mr. Blackwell, who was also working on updates to the
`
`code. In June 2005, Mr. Hoff billed 10 hours for work on testing new versions of LifeRing. Mr.
`
`Hoff was involved in testing SMS features of LifeRing. In June 2005, Mr. Cardamone billed
`
`160 hours for work related to the LifeRing code repository and data reductions transmissions
`
`related to LifeRing data. Mr. Brown was responsible for testing all portions of the code and
`
`client side program to find bugs and errors and to track reporting on such items.
`
`In June 2005,
`
`Mr, Brown billed over 160 hours for work on testing the LifeRing system. Mr. Brown also
`
`assisted Mr. Blackwell, Mr. Rice and myself on documentation of the LifeRing reports, manuals,
`
`and versions.
`
`27.
`
`In July 2005, Mr. Rice billed over 40 billable hours on communications
`
`infrastructure issues and network configuration and server migration issues. In July 2005, Mr.
`
`Blackwell billed over 8() billable hours on various issues related to LifeRing including
`
`communications issues, display issues, and location tracking issues. Mr. Blackwell performed
`
`research to solve some issues that we were having with our server-based implementation and he
`
`worked on developing the new maps that had been integrated and tested in April and May 2005.
`
`Again, during this period, Mr. Blackwell remained in constant communication with Mr. Rice in
`
`order to resolve issues with the development of LifeRing. In July 2005, Mr. Cardamone billed
`
`120 hours for work on data processing and data reduction relating to the georeferenc€:d maps and
`
`georeferenced map data for presentation and use in LifeRing. In April 2005, Mr, Brown billed
`
`SO hours for work on testing the LifeRing system. Mr. Brown was responsible for testing all
`
`portions of the code and client side program to find bugs and errors and to track reporting on
`
`18
`Document Subject lo Protective Order in Case No. 2.19-cv-361 (E. D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 20 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`such items. Mr. Brown also assisted Mr. Blackwell, Mr. Rice and myself on documentation of
`
`the LifeRing reports, manuals, and versions.
`
`28.
`
`In August 2005, Mr. Rice billed over 80 hours for work on the LifeRing database
`
`systems, including databases used for location tracking data. Mr. Rice's August 2005 work also
`
`included work on the processing output (maps) for LifeRing. During August 2005, we ran into
`
`problems with the startup and shutdown of the LifeRing application. Mr. Rice worked on
`
`researching ways to reduce delays in starting the program and obtaining new maps and location
`
`data immediately upon startup. This included the retrieval of maps i.n both non-server and
`
`server-based implementations. In August 2005, Mr. Blackwell billed over 150 hours for work on
`
`the development of LifeRing. During this time, Mr. Blackwell was intimately involved in
`
`researching and development of the server-based implementation. He also spent considerable
`
`time on testing communications issues and updating the display of information on the client. In
`
`August 2005, Mr. Cardamone billed 200 hours for work on data processing and data reduction
`
`relating to the georeferenced maps and georeferenced map data for presentation and use in
`
`LifeRing. During this time, Mr. Cardamone also worked on code processing output for display
`
`(e.g., georeferenced maps) and various display filter issues i.n the LifeRing code. In August
`
`2005, Mr. Brown billed 160 hours for work on testing the LifeRing system. Mr. Brown was
`
`responsible for testing all portions of the code and client side program to find bugs and errors
`
`and to track reporting on such items. Mr. Brown also assisted Mr. Blackwell, Mr. Rice and
`
`myself on documentation of the LifeRing reports, manuals, and versions. Mr. Brown also
`
`assisted on preparing the LifeRing product for presentation to customers in Seattle.
`
`29.
`
`In September 2005, Mr. Rice billed over 70 hours for work on the LifeRing
`
`location tracking database and location history issues. Mr. Rice also began to develop code to
`
`19
`Document Subject to Protective Order in Case No. 2719-cv-361 (E D.Tex.)
`
`
`
`Case 5:21-cv-04653-BLF Document 88-3 Filed 04/06/22 Page 21 of 151
`
`Attorney Docket No. 2525,996REX0
`Control No.: 90/014,510 (Re-exam of L.S. Patent No. 9,467,838)
`
`more efficiently manage and distribute processing tasks in order to imp