Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 1 of 52 PageID #: 46088
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`Exhibit 36
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 2 of 52 PageID #: 46089
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 2 of 52 PagelD #: 46089
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
`REDACTED ,IN ITS ENTIRETY
`REDACTEDIN ITS ENTIRETY
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 3 of 52 PageID #: 46090
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`Exhibit 37
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 4 of 52 PageID #: 46091
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 4 of 52 PagelD #: 46091
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
`REDACTED ,IN ITS ENTIRETY
`REDACTEDIN ITS ENTIRETY
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 5 of 52 PageID #: 46092
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`Exhibit 38
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 6 of 52 PageID #: 46093
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 6 of 52 PagelD #: 46093
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
`REDACTED ,IN ITS ENTIRETY
`REDACTEDIN ITS ENTIRETY
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 7 of 52 PageID #: 46094
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`Exhibit 39
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 8 of 52 PageID #: 46095
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 8 of 52 PagelD #: 46095
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
`REDACTED ,IN ITS ENTIRETY
`REDACTEDIN ITS ENTIRETY
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 9 of 52 PageID #: 46096
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`Exhibit 40
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 10 of 52 PageID #: 46097
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 10 of 52 PagelD #: 46097
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 11 of 52 PageID #: 46098
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`Exhibit 41
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 12 of 52 PageID #: 46099
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 12 of 52 PagelD #: 46099
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 13 of 52 PageID #: 46100
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`Exhibit 42
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 14 of 52 PageID #: 46101
`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 14 of 52 PagelD #: 46101
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`THIS EXHIBIT HAS BEEN
`THIS EXHIBIT HAS BEEN
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 15 of 52 PageID #: 46102
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`Exhibit 43
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 16 of 52 PageID #: 46103
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`C.A. No. 16-453 (RGA)
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`
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`)))))))))
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`C.A. No. 16-454 (RGA)
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`C.A. No. 16-455 (RGA)
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`)))))))))
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`)))))))))))
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`ACCELERATION BAY LLC,
`
`
`
`
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`ELECTRONIC ARTS INC.,
`
`Defendant.
`
`
`
`ACCELERATION BAY LLC,
`
`
`
`
`
`TAKE-TWO INTERACTIVE SOFTWARE,
`INC., ROCKSTAR GAMES, INC., and 2K
`SPORTS, INC., Delaware Corporations,
`
`
`
`Plaintiff,
`
`Plaintiff,
`
`
`
`v.
`
`
`
`v.
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXPERT REPORT OF DR. ERIC COLE REGARDING TECHNOLOGY TUTORIAL
`
`
`
`
`
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 17 of 52 PageID #: 46104
`
`
`
`I, Eric Cole Ph.D., have been asked by Acceleration Bay, Inc. (“Acceleration Bay”) to
`
`testify as an expert witness in the above referenced action. As part of my work in this action, I
`
`have been asked by Acceleration Bay to provide a tutorial of the technology related to U.S.
`
`Patent No. 6,701,344 (the “’344 Patent”); U.S. Patent No. 6,829,634 (“’634 Patent”); U.S. Patent
`
`No. 6,732,147 (the “’147 Patent”); U.S. Patent No. 6,714,966 (the “’966 Patent”); U.S. Patent
`
`No. 6,920,497 (the “’497 Patent”); U.S. Patent No. 6,910,069 (the “’069 Patent”) (collectively,
`
`the “Asserted Patents”). I expect to testify at trial on these Asserted Patents consistent with the
`
`opinions set forth in this report (the “Report”), as well as on any other issues for which I am
`
`qualified and have submitted or will submit an expert report in this action.
`
`I.
`
`Summary of Opinions
`
`1.
`
`I have been asked by counsel for Acceleration Bay to provide a tutorial on
`
`computer networks, network layers, routing algorithms, computer network topologies, overlay
`
`networks and the Asserted Patents.
`
`II.
`
`Experience and Qualifications
`
`A.
`
`2.
`
`Curriculum Vitae
`
`The details of my education, work experience, research, and publications
`
`(including publications authored in the last 10 years) are summarized in my curriculum vitae
`
`(“CV”) attached hereto as Appendix A of this Report.
`
`3.
`
`I hold a master's degree in computer science and a doctorate in information
`
`security and have worked in the cyber and technical information security industry for over 25
`
`years. I am a member of the European InfoSec Hall of Fame, a professional membership
`
`awarded by nomination and election by a panel of industry experts.
`
`- 1 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 18 of 52 PageID #: 46105
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`
`
`4.
`
`I am the founder of Secure Anchor Consulting where I provide cyber security
`
`consulting services and lead research and development initiatives to advance information
`
`systems security. I am a Fellow and instructor with The SANS Institute, a research and
`
`education organization consisting of information security professionals. SANS is the largest
`
`source for information security training and security certifications in the world. I am an author
`
`of several security courses such as SEC401-Security Essentials and SEC501-Enterprise
`
`Defender.
`
`5.
`
`I have worked for the government for 8 years as an employee and have held
`
`various contracting jobs with government agencies, which involved working with classified
`
`information. I have held various top-secret security clearances with Department of Defense
`
`(DOD), CIA, and Nuclear Regulatory Commission (NRC). I have worked for a wide range of
`
`government organizations including FBI, National Security Agency, CIA, Department of
`
`Energy, DOD, the Treasury, Secret Service and the NRC.
`
`6.
`
`While serving as a Senior Officer for the Central Intelligence Agency as Program
`
`Manager / Technical Director for the Internet Program Team with Office of Technical Services, I
`
`implemented the Internet Program Team that designs, develops, tests, and deploys internet
`
`security products in 3 to 6 month intervals. In this role, I received a letter of appreciation from
`
`the DCI (Director Central Intelligence) and six Exceptional Performance Awards.
`
`7.
`
`As a member of the Information Security Assessment Team with the Office of
`
`Security I also evaluated and performed security assessment of network operating systems to
`
`identify potential vulnerabilities and solutions. I also designed a large-scale auditing system with
`
`automated review capability and worked on several virus investigations for the Office of
`
`Security.
`
`- 2 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 19 of 52 PageID #: 46106
`
`
`
`8.
`
`In my role as Chief Information Officer for the American Institutes for Research,
`
`I have repaired and developed IT infrastructures for various organizations and provided technical
`
`support for the Defense Advanced Research Projects Agency (DARPA), an agency of the United
`
`States Department of Defense responsible for the development of new technologies for use by
`
`the military.
`
`9.
`
`As Chief Scientist and Senior Fellow for Lockheed Martin, I performed research
`
`and development in information systems security. I also specialized in evaluating and designing
`
`secure network design, perimeter defense, vulnerability discovery, penetration testing, and
`
`intrusion detection systems. At Lockheed Martin, I served as technical advisor in high-profile
`
`security projects for government clients including the Department of Defense, the FBI Sentinel
`
`case management systems, Department of Homeland Security Enterprise Acquisition Gateway
`
`for Leading Edge solutions, Jet Propulsion Labs, Hanford Labs, and FBI Information Assurance
`
`Technology Infusion programs.
`
`10.
`
`As Chief Technical Officer for McAfee I executed the technology strategy for
`
`technology platforms, partnerships, and external relationships to establish product vision and
`
`achieve McAfee’s goals and business strategies. In this capacity, I worked closely with groups
`
`tasked with the development of intellectual property.
`
`11.
`
`I am a contributing author of “Securing Cyberspace for the 44th President.” and
`
`served as a commissioner on cyber security for President Obama. My 8 books on cyber security
`
`include “Network Security Bible - 2nd Edition,” “Advanced Persistent Threat,” and “Insider
`
`Threat,” which have become recognized as industry-standard sources. I have also written several
`
`articles that have been published.
`
`- 3 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 20 of 52 PageID #: 46107
`
`
`
`B.
`
`12.
`
`Prior Testimony
`
`A list of cases in which I have testified at deposition or trial or in written reports
`
`during at least the past four years is attached as Appendix A of this Report.
`
`C.
`
`Compensation
`
`13. My rate of compensation for my work in this case is $475 per hour plus any direct
`
`expenses incurred. My compensation is based solely on the amount of time that I devote to
`
`activity related to this case and is in no way affected by any opinions that I render. I receive no
`
`other compensation from work on this action. My compensation is not dependent on the
`
`outcome of this matter.
`
`III. Materials Considered
`
`14. My opinions, expressed herein, and preparation of this Report are based on the
`
`information I have reviewed to date, including the Asserted Patents and all materials referenced
`
`in this Report. My opinions are based on my knowledge and experience in the fields of
`
`computer networks and network optimization.
`
`15.
`
`In addition to the materials referenced in this Report, a list of the materials that I
`
`have considered in forming my opinions is attached as Appendix B to this Report. See Appendix
`
`B.
`
`16.
`
`I reviewed the Court’s August 29, 2017 claim construction order, and my
`
`summary of the Asserted Patents below is consistent with that order.
`
`IV.
`
`Technology Tutorial
`
`17.
`
`I plan to present a general tutorial of technology involved in this case, including
`
`terms and concepts involved with the technology discussed in the Asserted Patents, and general
`
`concepts relating to computer networking, network architecture, and network data flow.
`
`- 4 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 21 of 52 PageID #: 46108
`
`
`
`A.
`
`18.
`
`Demonstratives
`
`In preparation for this tutorial, I may create simulations, graphic depictions and/or
`
`tables and charts for exhibits to aid the jury and Court in their understanding of the technology
`
`involved. While I intend to use demonstratives at trial, at this time I have not specifically created
`
`any demonstratives for this litigation.
`
`B.
`
`19.
`
`Computer Networks
`
`A computer network is formed when computing devices, such as servers, PCs,
`
`Xboxes, PlayStations, laptops, and/or end user devices are linked together in an arrangement that
`
`allows them to communicate with each other.
`
`20.
`
`Regardless of the arrangement of computing devices, computing devices need to
`
`identify each other, and communicate with each other within the bounds of the computer
`
`network using a common language. This common language is called a communication protocol,
`
`such as Bluetooth, or WiFi. Just as with people, computing devices need to speak the same
`
`language in order to engage in a dialogue. To this end, the languages used for communication,
`
`both within these computer networks and across the Internet, are standardized to ensure that all
`
`devices can speak to each other.
`
`21.
`
`The Internet facilitates communication between computing networks by linking
`
`these computer networks together using its own network. In this sense, the Internet is actually a
`
`network of computer networks.
`
`22.
`
`An Internet server is a computing device that exists on a computer network yet
`
`dialogues with computing devices external to its computer network using links provided by the
`
`Internet network. For example, a web site is a software program that runs on an Internet server.
`
`- 5 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 22 of 52 PageID #: 46109
`
`
`
`It receives and transmits information accessible over the Internet using a communication
`
`language.
`
`C.
`
`23.
`
`Network Layers
`
`Communication protocols are typically modeled as layers that are partitioned in a
`
`vertical arrangement that connotes relative levels of abstraction, and collectively are called the
`
`protocol stack. Each layer uses a set of protocols to build on top of the layers below, by
`
`providing a set of services and functionality guarantees for higher layers and, to the extent
`
`possible, each layer does not depend on details or services from higher levels. To reduce
`
`complexity, most networks are designed with a small number of layers, from the physical layer,
`
`at the bottom, where computer hardware interfaces with copper wire or wireless radio, to the
`
`application layer, at the top, where the user interacts with the software.
`
`24.
`
`The well-known Open System Interconnection (OSI) reference model is used to
`
`abstract such layers as shown below:
`
`- 6 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 23 of 52 PageID #: 46110
`
`
`
`
`
`AB-AB 010057-59; see also AB-AB 009988-10024, Andrew S. Tanenbaum, Computer
`
`Networks (Third Ed.)(1996) (“Tanenbaum”) at AB-AB 009993-94.
`
`25.
`
`Other protocol stacks also exist, which have overlapping functionality with the
`
`OSI Reference Model. The Internet Protocol stack, for example, groups the top three layers as
`
`the application layer, while keeping the bottom four layers as in the OSI Reference Model. In
`
`the OSI model, the data link layer is used to transfer data between a pair of network nodes or
`
`between nodes in a local-area network and to detect errors that occur at the physical layer,
`
`dealing with the logical aspects of sending information across network links, such as in the
`
`Ethernet protocol. See Tanenbaum at AB-AB 009993-99.
`
`26.
`
`The task of the network layer is to provide for the moving of packets between any
`
`two hosts, on a best effort basis. It provides a way of individually addressing each host using a
`
`numerical label, such an IP address. This layer is concerned with packet transmission and route
`
`- 7 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 24 of 52 PageID #: 46111
`
`
`
`searching. The Internet Protocol (“IP”) is an example of a protocol at the network layer. The
`
`task of the transport layer is to support communication based on network (e.g., IP) addresses and
`
`ports, which are numerical addresses for higher-level protocols to use. For example, the transport
`
`layer in the Internet provides a protocol, the Transmission Control Protocol (TCP), which
`
`establishes a virtual connection between a client and server and guarantees delivery of all packets
`
`in an ordered fashion. The Internet also provides a transport protocol, the User Datagram
`
`Protocol (UDP), which assumes no prior setup and delivers packets as quickly as possible but
`
`with no delivery or ordering guarantees. The role of the session layer is to manage
`
`communication sessions, that is, the exchange of information in the form of multiple back-and-
`
`forth related transmissions between two nodes, such as in the HTTP protocol, which uses TCP
`
`and supports web browsing sessions. See Tanenbaum at AB-AB 009993-99.
`
`27.
`
`The presentation layer is dedicated to dealing with the translation of data between
`
`a networking service and an application and includes such functions as character encoding, data
`
`compression, and encryption and decryption of data, as in the HTTPS protocol that is used to
`
`encrypt/decrypt private web sessions. The task of the application layer is to provide protocols
`
`that support useful functions for users, based on the services provided by the lower layers.
`
`Example application-layer functions include web browsers, web-based collaboration systems,
`
`and multi-player online games. Typically, the application layer will use application programming
`
`interfaces (“APIs”) that will interact with a variety of underlying networks.
`
`28.
`
`Designing network-based communication protocols at the application layer is
`
`completely different from designing network-based communication protocols at the network
`
`layer. An application can use network-based communication protocols designed at the
`
`application layer to provide communications across multiple networks of different types to send
`
`- 8 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 25 of 52 PageID #: 46112
`
`
`
`data to other applications. In contrast, a network-based communication protocol that is designed
`
`at the network layer does not typically analyze the data payload generated by an application as it
`
`is routed through the network, or how the application will process its application data, because
`
`its primary function is to deliver packets containing application data in their payload from the
`
`source application to the destination application. See Tanenbaum at AB-AB 009993-99.
`
`29.
`
`There are other network protocols as well, with various advantages and
`
`disadvantages. For example, the X.25 network, which was popular in the 1980’s and was
`
`standardized by the Telecommunications Standardization Sector of the International
`
`Telecommunications Union (“ITU-T”). See AB-AB 010030 (https://www.itu.int/rec/T-REC-
`
`X.25-199610-I/en). This standard was created to handle digital public packet-switched networks
`
`and interface it with customers. It was designed to provide three conceptual layers, which
`
`correspond roughly with the lower three layers in the OSI model. See Tanenbaum at AB-AB
`
`010000-01 and AB-AB 010031-41 (https://en.wikipedia.org/wiki/X.25).
`
`D.
`
`30.
`
`Routing Algorithms
`
`At the network level, the concern is about routing packets from a source computer
`
`to a destination computer. A routing algorithm is used to determine which line(s) an incoming
`
`packet should be transmitted out on. The routing algorithm is agnostic to actual data transferred
`
`via the packets. Control packets are used to find the routes to the destination computer. User
`
`packets follow the route established by the control packet and the updated routing tables.
`
`Examples of routing algorithms include shortest path algorithms, which transmit packets
`
`according to a shortest path to the destination in the network, and flooding, which transmits
`
`packets to all nodes in a network so as to be sure to reach the destination without knowledge of a
`
`- 9 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 26 of 52 PageID #: 46113
`
`
`
`shortest path and even in the presence of node and link failures, as in military applications. See
`
`Tanenbaum at AB-AB 010002-24.
`
`E.
`
`31.
`
`Computer Network Topologies
`
`Peer-to-Peer network is a network where communication nodes in the network
`
`have roughly equal functionality and capability to communicate with each other. These systems
`
`typically allow these nodes to dynamically join and leave the system. See AB-AB 010025-29,
`
`Microsoft Computer Dictionary, Fourth Ed. (1999) at AB-AB 010029.
`
`32.
`
`Client-server network is a network where client nodes communicate with each
`
`other through a central server node, which then forwards the messages to other client nodes. See
`
`Tanenbaum at AB-AB 009991-92; AB-AB 010025-29, Microsoft Computer Dictionary, Fourth
`
`Ed. (1999) at AB-AB 010027.
`
`33.
`
`Full-mesh topology or complete network topology is a topology where each
`
`node is directly connected to all other nodes. AB-AB 010042-49
`
`(https://en.wikipedia.org/wiki/Network_topology); AB-AB 010050-53
`
`(https://en.wikipedia.org/wiki/Complete_graph).
`
`34.
`
`Incomplete network topology is a topology where less than all of the
`
`communication nodes are directly connected through the topology, even if the nodes are directly
`
`connected in the underlying network.
`
`35.
`
`Regular network topology is a topology where each node is connected to the
`
`same (non-zero) number of additional nodes through the topology, even if the nodes are directly
`
`connected in the underlying network. See AB-AB 010054-56
`
`(https://en.wikipedia.org/wiki/Regular_graph).
`
`- 10 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 27 of 52 PageID #: 46114
`
`
`
`F.
`
`36.
`
`Overlay Networks
`
`An overlay network is a computer network that enables the communication nodes
`
`in one or more underlying networks to communicate with each other, and may include its own
`
`network topology. Network entities in an overlay network form virtual or logical links between
`
`them across the network topologies of each underlying network. The topology of the overlay
`
`network does not depend on the topology of the underlying network. For example, a full-mesh
`
`network or regular network can be overlaid on top of an underlying client-server network.
`
`37.
`
`For example, the Internet is an interconnection of multiple networks, each with
`
`their own network topology. The backbone networks used to route communications through the
`
`core of the Internet may be frame relay or Ethernet networks, each with their own network
`
`topologies, whereas the consumer-facing portion of the Internet may utilize the telephone
`
`network, which has its own network topology. Further, the underlying network of an overlay
`
`network itself can be an overlay network. For example, a VoIP network can function as an
`
`overlay network over the Internet, by providing either peer-to-peer or client-server network
`
`functionality on top of the underlying Internet, which itself is an overlay network. Typically, a
`
`VoIP network can be configured with its own network topology. For example, in a typical
`
`conference call, all VoIP nodes may communicate with each other directly over the Internet, or
`
`some or all nodes may communicate indirectly through other VoIP nodes.
`
`V.
`
`Overview of the Asserted Patents
`
`38.
`
`The Asserted Patents are directed to novel computer network technology,
`
`developed by named inventors Fred Holt and Virgil Bourassa, working for Boeing, more than
`
`sixteen years ago. The Asserted Patents solved critical scalability and reliability problems
`
`associated with the real-time sharing of information among multiple widely distributed
`
`- 11 -
`
`

`

`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 28 of 52 PageID #: 46115
`
`
`
`computers. This innovative technology enabled large-scale, unlimited online collaborations with
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`numerous participants continually joining and leaving -- with applications ranging from aircraft
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`design development to multi-player online games.
`
`39.
`
`Although each of the Asserted Patents focuses on different inventive aspects, the
`
`Asserted Patents share and incorporate the same disclosures in the Background of the Invention
`
`(the “Background”). The Background of the Asserted Patents provides an overview of point-to-
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`point network protocols, such as UNIX pipes, TCP/IP, and UDP that allow processes on
`
`different computers to communicate via point-to-point connections. ‘344 Patent at 1:44-46.
`
`Although the interconnection of all participants to all other participants using point-to-point
`
`connections is theoretically possible, it does not scale well as the number of participants grows.
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`Id. at 1:46-49. Because each participating process needs to manage its direct connections to all
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`other participating processes, the number of possible participants is limited to the number of
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`direct connections a given machine, or process, can support. Id. at 1:49-55.
`
`40.
`
`The Asserted Patents are directed to computer network technology overlaying an
`
`underlying network connecting participants. The Asserted Patents describe using a broadcast
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`channel that overlays a point-to-point network where each node (participant) is connected to its
`
`neighboring network nodes. For example, Fig. 2 of the Asserted Patents shows a network of
`
`twenty participants, where each participant is connected to four other participants. Such a
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`network arrangement, where each node in the network is connected to the same number of other
`
`nodes, is known as an m-regular network. Id. at 4:38-39.
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`41.
`
`Because the specifications of the Asserted Patents are similar, much of my
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`discussion below applies to each of the patents, but is not repeated for purposes of brevity.
`
`A.
`
`42.
`
`‘344 Patent
`
`The ‘344 Patent focuses on “a game environment” which “is provided by a game
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`application program executing on each player’s computer.” ’344 Patent at 16:30–34. In order to
`
`participate in the game environment, “[e]ach player joins a game (e.g., a first shooter game) by
`
`connecting to the broadcast channel on which the game is played.” Id. at 16:34–36. The gaming
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`application programs connected to the broadcast channel form an m-regular, incomplete network
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`in order to ensure reliability and scalability of the network. See id. at Claim 12, 2:38–41.
`
`43.
`
`The broadcast channel is implemented through connections that overlay the
`
`underlying network. Id. at 4:19–26. The broadcast technique disclosed and claimed in the ‘344
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`Patent establishes a gaming environment that uses the broadcast channel for participants, or
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`
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`gaming applications, to communicate and participate in a game. Id. at 16:30-34. As a result of
`
`implementing the gaming environment using a broadcast channel, each participant is connected
`
`to some—but not all—neighboring participants. Id. at Fig. 2, 5:65–66.
`
`44.
`
`The ability of players to send information and game updates to all the other
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`players is facilitated by the broadcast channel. The broadcast channel described in the ‘344
`
`Patent (and the other Asserted Patents) can be used to distribute a wide variety of data. For
`
`example, each time a player takes an action, a message representing that action is broadcast on
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`the game's broadcast channel. The broadcast channel also allows a player to send messages (e.g.,
`
`strategy information) to one or more other players by broadcasting a message. The broadcast
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`channel can also be used to support voice over IP-based chat (VoIP), quality of service (QoS)
`
`messaging, membership data, game control data, game updates, synchronizations and heartbeat
`
`data, indicate changes in players’ location, the arrival and departure of players, score reporting,
`
`and any other data used by the game. Id. at 16:30-56. The ‘344 Patent specifically describes
`
`how its technology can be applied to first-person shooter type games, as well as other types of
`
`games. Id. at 16:30-17:11.
`
`45.
`
`The broadcast technique disclosed and claimed in the ‘344 Patent contemplates a
`
`gaming environment as an overlay network that utilizes an application level network
`
`communication protocol (of the OSI layering model). This network communication protocol
`
`may incorporate Presentation Layer and Session Layer abstractions of the protocol stack as well,
`
`to communicate across the Internet. ‘344 Patent at 4:15-19. This ensures that gaming
`
`applications are able to achieve a reliable, scalable network that is agnostic to the underlying
`
`network on which they are run. Id. at 4:1-18.
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`46.
`
`Each participant application process maintains the connections to its neighbors as
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`edges in the overlay network. That is, pairs of participants share a connection established in the
`
`application layer overlay, while an underlying network (which can have a different topology)
`
`handles the actual transfer of data between the physical network components. See ‘344 Patent at
`
`4:23–26. The gaming application processes, that is, the game participants, are connected to the
`
`broadcast channel so as to form an m-regular, incomplete overlay network.
`
`B.
`
`47.
`
`‘966 Patent
`
`The ‘966 Patent focuses on “an information delivery service application” which
`
`“allows participants to monitor messages as they are broadcast on the broadcast channel.” ‘966
`
`Patent at 16:25-28. The information delivery service application “may be downloaded to the
`
`user’s computer if not already available on the user’s computer.” Id. at 16:45-49.
`
`48.
`
`As with the ‘344 Patent’s game environment, the information delivery service
`
`application connected to the broadcast channel forms an m-regular, incomplete network. See
`
`‘966 Patent at Claims 13, 2:38–41. In one example, “a graph that is 4-regular and 4-connected
`
`which represents the broadcast channel.” Id. at 4:48–49. The broadcast technique disclosed and
`
`claimed in the ‘966 Patent uses the broadcast channel for participants, such as application
`
`programs, to communicate. Id. at 16:25-30. As a result of the service using a broadcast channel,
`
`each participant is connected to some—but not all—neighboring participants. See id. at Fig. 2,
`
`5:63–6:7.
`
`C.
`
`49.
`
`‘634 Patent
`
`The ‘634 Patent is directed to a novel, non-routing table based computer network
`
`and broadcast channel where participants are updated as to data broadcast on the network
`
`without the use of routing tables and without a complete graph topology. ‘634 Patent at 2:46-53.
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`A routing table is a table which lists and keeps track of specific routing information regarding
`
`intended routes between nodes. For example, with hop-by-hop routing, a routing table would
`
`keep the address of the next device on the path to that destination for all reachable destinations.
`
`50.
`
`The ’634 Patent focuses on a process for adding nodes, or participants, to an
`
`existing m-regular network. In order to join an existing network, a seeking computer (e.g. node
`
`Z in Fig. 3B) locates and contacts a portal computer that is fully connected to the network. Id. at
`
`6:19–25. The portal computer then identifies computers to which the seeking computer will
`
`connect. Id. at 12:64–66.
`
`D.
`
`51.
`
`‘147 Patent
`
`The ‘147 Patent focuses on the manner in which a node or participant is removed
`
`from a network, which involves a first computer sending a disconnect message to a second
`
`computer, which includes a list of the departing computer’s neighbors, and the second computer
`
`broadcasting a connection port search message to find one of the first computer’s neighbors to
`
`which it can connect in order to maintain an m-regular graph. ‘147 Patent at Abstract, 8:66-9:26.
`
`E.
`
`52.
`
`‘069 Patent
`
`The ’069 Patent focuses on a process for adding nodes, or participants, to an
`
`existing network. In order to join an existing network, a seeking computer locates and contacts a
`
`portal computer that is fully connected to the network. ‘069 Patent at 5:20–24. The portal
`
`computer then identifies computers to which the seeking computer will connect. Id. at 5:42–45.
`
`Once identified, the seeking computer joins the network by connecting to the identified
`
`computers. Id. at 5:20-7:6.
`
`53.
`
`The ‘069 Patent describes a problem that arises when a seeking computer
`
`connects to computers directly connected to the portal computer or directly connected to one of
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`Case 1:16-cv-00454-RGA Document 543-1 Filed 03/26/19 Page 33 of 52 PageID #: 46120
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`its neighbors: the diameter of the network increases as it “becomes elongated in the direction of
`
`where the new nodes a