IN THE UNITED STATES PATENT TRIAL AND APPEAL BOARD
`
`In re Post-Grant Review of:
`)
`
`)
` U.S. Patent No. 6,553,350
`) U.S. Class: 705/20
`
`)
`April 22, 2003
`Issued:
`) Group Art Unit: 3628
`
`
`)
`Thomas J. CARTER III
`Inventor:
`) Confirmation No. 5578
`
`
`)
`Application No.: 09/253,427
`)
`
`
`)
`Filed:
`February 19, 1999
`)
`
`
`) FILED ELECTRONICALLY
`For: METHOD AND APPARATUS
`) PER 37 C.F.R. § 42.6(b)
`
`FOR PRICING PRODUCTS IN
`)
`
`MULTI-LEVEL PRODUCT AND
`)
`
`ORGANIZATIONAL GROUPS
`)
`Mail Stop Patent Board (37 C.F.R. § 42.6(b)(2))
`Patent Trial and Appeal Board
`U.S.P.T.O.
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DECLARATION OF KARIN FISCHER
`
`I, Karin Fischer, hereby declare that:
`
`BACKGROUND
`
`(1)
`
`I am over the age of 21, and I have personal knowledge of the facts contained
`
`herein unless otherwise indicated.
`
`(2)
`
`I am a Support Manager in the Logistics Services Department for SAP AG,
`
`Dietmar-Hopp-Allee 16, 69190 Wallforf, Germany. I have been employed at SAP AG since
`
`April 1994.
`
`(3)
`
`As a Support Manager, I am responsible for updating information regarding
`
`customers of certain sectors of SAP’s business and ensure the integrity of customer shipment
`
`information relating to certain versions of SAP’s products.
`
`1
`
`SAP Exhibit 1009
`
`
`
`In re Post-Grant Review of:
`)
`
`)
` U.S. Patent No. 6,553,350
`) U.S. Class: 705/20
`
`)
`April 22, 2003
`Issued:
`) Group Art Unit: 3628
`
`
`)
`Thomas J. CARTER III
`Inventor:
`) Confirmation No. 5578
`
`
`)
`Application No.: 09/253,427
`)
`
`
`)
`Filed:
`February 19, 1999
`)
`
`
`) FILED ELECTRONICALLY
`For: METHOD AND APPARATUS
`) PER 37 C.F.R. § 42.6(b)
`
`FOR PRICING PRODUCTS IN
`)
`
`MULTI-LEVEL PRODUCT AND
`)
`
`ORGANIZATIONAL GROUPS
`)
`Mail Stop Patent Board (37 C.F.R. § 42.6(b)(2))
`Patent Trial and Appeal Board
`U.S.P.T.O.
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`DECLARATION OF KARIN FISCHER
`
`I, Karin Fischer, hereby declare that:
`
`BACKGROUND
`
`(1)
`
`I am over the age of 21, and I have personal knowledge of the facts contained
`
`herein unless otherwise indicated.
`
`(2)
`
`I am a Support Manager in the Logistics Services Department for SAP AG,
`
`Dietmar-Hopp-Allee 16, 69190 Wallforf, Germany. I have been employed at SAP AG since
`
`April 1994.
`
`(3)
`
`As a Support Manager, I am responsible for updating information regarding
`
`customers of certain sectors of SAP’s business and ensure the integrity of customer shipment
`
`information relating to certain versions of SAP’s products.
`
`1
`
`SAP Exhibit 1009
`
`
`
`(4)
`
`As a Support Manager, I have access to information relating to materials provided
`
`to SAP customers of SAP’s software products, including SAP’s R/3 products available prior to
`
`June 17, 1995. The information is available through SAP’s internal productive ERP system
`
`(version EHP6 For SAP ERP 6.0). The SAP internal productive ERP system is a system that
`
`provides access to, among other things, shipping information for SAP products.
`
`(5)
`
`I am therefore familiar with the level of integrity of the data in the ERP system,
`
`which is the most authoritative source of shipping information for SAP. It is important to SAP
`
`that this data be accurate because SAP relies upon this data as part of business.
`
`(6)
`
`I use the SAP internal productive ERP system to search for and display
`
`information relating SAP product information based on queries. I am very experienced with
`
`using the ISP part of SAP’s internal productive ERP system, which provides access to shipping
`
`information for SAP products.
`
`PUBLIC AVAILABILITY OF R/3 2.2C ONLINE DOCUMENTATION
`
`(7)
`
`SAP’s R/3, including R/3 2.2C, was publicly available to anyone who wanted to
`
`buy it. SAP maintains information relating to shipments of R/3, including R/3 2.2C, to its
`
`customers in the United States. I have access to the SAP systems that maintain that information,
`
`such as the ISP system mentioned above.
`
`(8)
`
`I was asked to collect information and materials relating to SAP’s R/3 2.2C
`
`software, which was available prior to June 17, 1995. To do so, I used the ISP system mentioned
`
`above to search for materials relating to SAP R/3 2.2C.
`
`(9)
`
`To begin, I accessed the ISP system and used the transaction ZZAV to navigate to
`
`a Document flow option as shown in the marked up screen shot below:
`
`2
`
`
`
`(10)
`
`I entered search criteria, such as an installation number, customer, and start/end
`
`date, as shown in the screen shot below:
`
`3
`
`
`
`(11)
`
`In response to my searches, I received lists of SAP product shipments that can be
`
`selected by the product and the version, as shown in the exemplary screen shot below.
`
`4
`
`
`
`(12) From there, I selected the package SAP R/3 2.2C to produce results according to
`
`other selections that are offered by the ISP system.
`
`(13) Attachment A-1 shows a screen shot of one selection criteria that I used to search
`
`for all U.S. customers that SAP shipped the R/3 2.2C product to between January 1995 and May
`
`1995 using the SAP ERP System ISP, Transaction: /nzzav, and Document Flow selection.
`
`(14) Attachment A-2 shows a continuous screen shot of the results of the selection
`
`criteria described in the preceding paragraph that was processed by the ERP system. Attachment
`
`A-2 lists all of the U.S. customers that received SAP’s R/3 2.2C product between January 1995
`
`and May 1995. Attachment A-2 demonstrates that SAP R/3 2.2C was available to the public
`
`(such as any SAP customers who paid for it) in the United States between January 1995 and May
`
`1995.
`
`(15) Attachment A-3 shows a screen shot of the results of my selection of a particular
`
`member of the public who purchased R/3 2.2C based on a date selection provided by the ERP
`
`system. As shown at the top of Attachment A-3, I selected the SAP R/3 2.2C option under the
`
`January 18, 1995 (“18.01.1995”) option, which displayed a listing of entities that SAP shipped
`
`the R/3 2.2C product during that date. Attachment A-3 also shows the delivery information of
`
`SAP’s shipment of R/3 2.2C to customer Wacker Silicones Corporation in the United States
`
`(Lancaster, Pennsylvania) on January 18, 1995 (see “WA-Datum”), based on the delivery
`
`5
`
`
`
`number 80009807.
`
`(16) Attachment A-4 shows a screen shot of all of the items shipped to Wacker
`
`Silicones Corporation on January 18, 1995. The items listed in Attachment A-4 include a
`
`Material Number, which along with the Name (under the “Description Column”), provides a
`
`unique identifier for the type of material. As shown in detail below, the R/3 2.2C that was
`
`shipped on January 18, 1995 included a CD entitled “Online Documentation Rel. 2.2 Vers. 3,”
`
`with Material No. 50011057, referenced by item no. 80.
`
`(17) Material No. 50011057, item 80, described the Online Documentation CD help
`
`files that were included with the shipments of R/3 2.2C to Wacker Silicones Corporation on
`
`January 18, 1995.
`
`(18) Attachment A-5 shows another screen shot of the shipping information details for
`
`the shipment of R/3 2.2C to Wacker Silicones Corporation on January 18, 1995 described in the
`
`above paragraphs. Attachment A-5 shows again item 80, Material No. 50011057, which
`
`corresponds to the “Online Documentation Rel. 2.2 Vers. 3” item 80 shown in Attachment A-4.
`
`(19) Attachments A-1 through A-5 demonstrate that R/3 2.2C and the “Online
`
`Documentation Rel. 2.2 Vers. 3” CD, Material No. 50011057 was publicly available in January
`
`1995 to SAP customers like Wacker Silicones Corporation.
`
`(20) Attachments A-6 through A-8 show another example of a shipment of R/3 2.2C to
`
`U.S. customer IDEXX Laboratories, Inc. on February 17, 1995 (“WA-Datum”). The format of
`
`the screen shots shown in Attachments A-6 through A-8 is similar to those shown in
`
`Attachments A-3 through A-5, respectively. For example, Attachment A-6 shows the shipping
`
`6
`
`
`
`details for the February 17, 1995 shipment of the R/3 2.2C product to IDEXX. Attachment A-7
`
`shows all of the items that were shipped with the R/3 2.2C product on February 17, 1995,
`
`including item 70, “Online Documentation Rel. 2.2 Vers. 3” CD, Material No. 50011057.
`
`Attachment A-8 shows a screen shot of the shipping information details for the shipment of R/3
`
`2.2C to IDEXX on February 17, 1995 and also shows item 70, Material No. 50011057, which
`
`corresponds to the “Online Documentation Rel. 2.2 Vers. 3” item 70 shown in Attachment A-7.
`
`Attachments A-6 through A-8 demonstrate that R/3 2.2C and that a copy of the same “Online
`
`Documentation Rel. 2.2 Vers. 3” CD, Material No. 50011057 was publicly available on February
`
`17, 1995 to SAP customers like IDEXX.
`
`(21) Attachments A-9 through A-11 collectively show examples of the public
`
`availability of SAP R/3 2.2C and the same “Online Documentation Rel. 2.2 Vers. 3” CD,
`
`Material No. 50011057 to U.S. customer General Mills on March 16, 1995.
`
`(22) Attachment A-12 shows the shipping details for the April 19, 1995 shipment of
`
`R/3 2.2C to Phillip Morris Products Inc.
`
`(23) Attachment A-13 shows a screen shot of all of the items shipped to Phillip Morris
`
`Products Inc on April 19, 1995. As shown in detail below, the R/3 2.2C software that was
`
`shipped on April 19, 1995, included a CD entitled “Online Documentation Rel. 2.2” with
`
`Material No. 50011057, referenced by item no. 80.
`
`(24) The “Online Documentation Rel. 2.2” CD associated with Material No.
`
`50011057 was another version of the help files than was included with the “Online
`
`Documentation Rel. 2.2 Version 3” CD that accompanied the shipments described above in
`
`connection with Attachments A-3 through A-11.
`
`7
`
`
`
`(25) Attachment A-14 shows another screen shot of the shipping information details
`
`for the shipment of R/3 2.2C to Phillip Morris Products Inc on April 19, 1995, described in the
`
`above paragraphs. Attachment A-14 shows again item 80, Material No. 50011057, which
`
`corresponds to the “Online Documentation Rel. 2.2” item 80 shown in Attachment A-13.
`
`(26) Attachments A-12 through A-14 demonstrate that R/3 2.2C and the “Online
`
`Documentation Rel. 2.2” CD, Material No. 50011057 was publicly available at least as early as
`
`April 19, 1995.
`
`(27) Attachments A-15 through A-17 collectively show an example of the public
`
`availability of SAP R/3 2.2C and the “Online Documentation Rel. 2.2” CD, Material No.
`
`50011057 to U.S. customer Siemens Applied Automation on May 29, 1995.
`
`(28) The Online Documentation discs were part of the bill of materials for all
`
`shipments of R/3 2.2C and thus were shipped to all customers of R/3 2.2 in the United States
`
`prior to June 17, 1995.
`
`ARCHIVED ORIGINAL ONLINE DOCUMENTATION DISC
`
`(29)
`
`In addition to obtaining the R/3 2.2C shipping information described above, I also
`
`obtained a copy of the archived original R/3 System Online Documentation Release 2.2 for R/3
`
`2.2C, material number 50011057 (“Online Documentation Rel. 2.2” CD, Material No.
`
`50011057) identified in the shipping documents described above for Attachments A-3 through
`
`A-11. Attachment A-18 is a copy of the front of the R/3 System Online Documentation Rel. 2.2
`
`disc that I collected.
`
`(30)
`
`I also obtained a copy of the archived original R/3 System Online Documentation
`
`Release 2.2 Version 3 for R/3 2.2C, material number 50011057 (“Online Documentation Rel. 2.2
`
`Vers. 3” CD, Material No. 50011057) identified in the shipping documents described above for
`
`8
`
`
`
`Attachments A-12 through A-17. Attachment A-19 shows a copy of the front of the R/3 System
`
`Online Documentation Release 2.2 Version 3 for R/3 2.2C disc that I collected.
`
`(31)
`
`I obtained the copies of the R/3 System Online Documentation Release 2.2 for
`
`R/3 2.2C, material number 50011057 (“Online Documentation Rel. 2.2” CD, Material No.
`
`50011057) and the R/3 System Online Documentation Release 2.2 Version 3 for R/3 2.2C,
`
`material number 50011057 (“Online Documentation Rel. 2.2 Vers. 3” CD, Material No.
`
`50011057) by contacting Production Logistics Services division of SAP, which maintains
`
`archives of SAP software that was shipped to customers, including customers in the United
`
`States. I asked Production Logistics Services to provide me copies of the R/3 System Online
`
`Documentation Release 2.2 for R/3 2.2C, material number 50011057 (“Online Documentation
`
`Rel. 2.2” CD, Material No. 50011057) and the R/3 System Online Documentation Release 2.2
`
`Version 3 for R/3 2.2C, material number 50011057 (“Online Documentation Rel. 2.2 Vers. 3”
`
`CD, Material No. 50011057). In response, I received the CDs that are shown in Attachments A-
`
`18 and A-19..
`
`(32)
`
`I had the copies of both Online Documentation discs mailed to outside counsel for
`
`SAP.
`
`(33) The copy of the archived original R/3 System Online Documentation Release 2.2
`
`disc (shown in Attachment A-18) that I collected is a copy of the Online Documentation Rel. 2.2
`
`CD that is identified in the shipping information described above in connection with
`
`Attachments A-3 through A-11. As shown in those attachments, the copy of the archived
`
`original R/3 System Online Documentation Release 2.2 disc that I collected has the same title
`
`and material number 50011057 as the CD listed in the shipping lists for the R/3 2.2C materials
`
`shipped to the customers identified in Attachments A-3 through A-11.
`
`9
`
`
`
`(34) The copy of the archived original R/3 System Online Documentation Release 2.2
`
`Version 3 disc (shown in Attachment A-19) that I collected is a copy of the Online
`
`Documentation Rel. 2.2 Vers. 3 CD that is identified in the shipping information described above
`
`in connection with Attachments A-3 through A-11. As shown in those attachments, the copy of
`
`the archived original R/3 System Online Documentation Release 2.2 Version 3 disc that I
`
`collected has the same title and material number 50011057 as the CD listed in the shipping lists
`
`for the R/3 2.2C materials shipped to the customers identified in Attachments A-12 through A-
`
`17.
`
`(35)
`
`I am not being compensated for providing this declaration and I have no personal
`
`interest in the outcome of the petition that this declaration is accompanying.
`
`10
`
`
`
`(36)
`
`I declare under penalty of perjury under the laws ofthe United States ofAmerica
`
`that the foregoing is true and correct.
`
`Executed on September 14, 2012
`
`
`
`Karin Fischer
`
`
`
`ATTACHMENT A-1
`Declaration of Karin Fischer
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`ATTACHMENT A-2
`Declaration of Karin Fischer
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`ATTACHMENT A-2
`Declaration of Karin Fischer
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`ATTACHMENT A-2
`Declaration of Karin Fischer
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`ATTACHMENT A-3
`Declaration of Karin Fischer
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`ATTACHMENT A-4
`Declaration of Karin Fischer
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`ATTACHMENT A-5
`Declaration of Karin Fischer
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`ATTACHMENT A-6
`Declaration of Karin Fischer
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`ATTACHMENT A-7
`Declaration of Karin Fischer
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`ATTACHMENT A-8
`Declaration of Karin Fischer
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`ATTACHMENT A-9
`Declaration of Karin Fischer
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`ATTACHMENT A-10
`Declaration of Karin Fischer
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`ATTACHMENT A-11
`Declaration of Karin Fischer
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`ATTACHMENT A-12
`Declaration of Karin Fischer
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`ATTACHMENT A-13
`Declaration of Karin Fischer
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`ATTACHMENT A-14
`Declaration of Karin Fischer
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`ATTACHMENT A-15
`Declaration of Karin Fischer
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`ATTACHMENT A-16
`Declaration of Karin Fischer
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`ATTACHMENT A-17
`Declaration of Karin Fischer
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`ATTACHMENT A-18
`Declaration of Karin Fischer
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`ATTACHMENT A-19
`Declaration of Karin Fischer
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`
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