Invalidity of the U.S. Patent No. 6,415,280 Over the Enterprise Storage Manager Manual
`
`Exhibit B-55
`
`Each of the Asserted Claims is anticipated by the Enterprise Storage Manager Manual (“ESM Manual”), which was published in April
`1994, and thus is available as prior art at least under 35 USC § 102(a).
`
`To the extent PersonalWeb contends that Woodhill does not meet one or more limitations of the Asserted Claims, the claims are
`obvious over the Woodhill patent, alone, in combination with the knowledge of a person of ordinary skill in the art, and/or in
`combination with other prior art references identified in the cover pleading or herein.
`
`The charts below provide representative examples of where specifically each element of each asserted claim is found within Woodhill
`and the other references, at least under PersonalWeb’s apparent construction of the Asserted Claims as applied in PersonalWeb’s
`infringement contentions. The charts also identify, for each element governed by 35 U.S.C. § 112, ¶ 6, the structure(s), act(s), or
`material(s) that performs the claimed function in the prior art references. The charts also identify, for combinations of prior art items
`that make a claim obvious, the motivation to combine such items.
`
`The cited portions of the prior art references are only examples, and Defendants reserve the right to rely on any further uncited
`portions of the prior art references as additional evidence that the references disclose and/or render obvious a claim limitation.
`
`1
`PersonalWeb Technologies LLC v. EMC Corporation and VMware, Inc. (No. 6:11-cv-00660-LED) (E.D. Tex.)
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`EMCVMW 1033
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`

`
`The ‘280 Patent Claims
`[36a] A method of delivering a data file in
`a network comprising a plurality of
`processors, some of the processors being
`servers and some of the processors being
`clients, the method comprising:
`
`Enterprise Storage Manager Manual
`The ESM Manual discloses a method of delivering a data file in a network
`comprising a plurality of processors, some of the processors being servers and
`some of the processors being clients. The Enterprise Storage Manager system
`includes BOBs (data files) distributed across LAN servers and a corporate data
`center (clients and servers) connected through a corporate network. BOBs can be
`delivered in response to a BOB request. For example:
`
`Automated Protection Against Loss of Critical Data
`ESM protects data by completely automating the backup process, by saving the data in
`two locations, on the LAN and at the corporate data center, and by automatically
`auditing the data as it is saved.
`
`ESM automation facilities initiate the backup process without manual intervention.
`Daily backups are scheduled for most files, and checkpoint backups for critical, time-
`dependent files may be scheduled automatically.
`
`A dual backup process ensures data availability.
`
`2
`
`

`
`The ‘280 Patent Claims
`
`Enterprise Storage Manager Manual
`
`For added security, ESM transfers a copy of the data to the corporate data center, which
`is unmatched in its ability to assimilate large volumes of data over telecommunications
`lines, process and verify that data, and store it on tape for later retrieval. With high-
`speed, high reliability automated tape systems, mainframes can locate and retrieve data
`files from tape much faster than LANs, and are physically secure in ways that are
`difficult, if not impossible, to duplicate in typical office environments. Corporate data
`centers also provide established procedures for off-site disaster storage, a critical
`element in the ultimate protection of mission critical information.
`
`See also ESM Manual at 2-1, 2-2, and Figure 4-1.
`
`See also element [36c].
`
`3
`
`

`
`The ‘280 Patent Claims
`[36b] storing the data file is [sic] on a first
`server in the network and storing copies of
`the data file on a set of servers in the
`network distinct from the first server; and
`
`Enterprise Storage Manager Manual
`The ESM Manual discloses storing the data file is on a first server in the network
`and storing copies of the data file on a set of servers in the network distinct from
`the first server. The Enterprise Storage Manager system runs a dual backup
`process. During this process, BOBs (data files) are backed up (stored) once on LAN
`disk and once at the corporate data center (servers). For example:
`
`See element [36a].
`
`To the extent PersonalWeb contends that the limitation of “storing the data file is
`[sic] on a first server and storing copies of the data file on a set of servers distinct
`from the first server” is not met by the ESM Manual, a person of ordinary skill in
`the art would have found it obvious to modify the ESM Manual to meet that
`limitation. For example, it would have been obvious to add an additional server or
`servers to the corporate data center of the ESM Manual’s system for additional
`data security. Adding additional servers to the ESM Manual would constitute
`applying a known technique to a known device, method, or product ready for
`improvement to yield predictable results, and therefore it would be obvious to a
`person of ordinary skill in the art exercising ordinary creativity.
`The ESM Manual discloses, responsive to a client request for the data file, the
`request including a hash of the contents of the data file, causing the data file to be
`provided to the client. For example, the Enterprise Storage Manager system
`allows BOB (data file) restore requests (client requests) that include the BOBID for
`the requested BOB. A BOBID includes a hash value calculated by a hash function
`on the contents of the BOB that it identifiers. For example:
`
`[36c] responsive to a client request for the
`data file, the request including a hash of the
`contents of the data file, causing the data
`file to be provided to the client.
`
`4
`
`

`
`The ‘280 Patent Claims
`
`Enterprise Storage Manager Manual
`
`ESM decomposes files into binary objects, or BOBs, that it subsequently handles
`separately. For a given file, the EAs, ACLs and data are stored and handled as separate
`BOBs. For large files, the data portion is broken up into a number of BOBs of I
`megabyte. These BOBs then become the unit of processing, transmission, and
`restart/recovery. Only the file data base on the server on which it resides has the recipe
`for reconstituting a file from its constituent BOBs. Of course, this file data base is itself
`backed up and is restored to a lost server prior to restoring the remainder of the backup
`data.
`
`The BOBID Within ESM, BOBs are not assigned names based upon the name of the
`original file, an arbitrary numbering scheme, or other random criteria. Instead, the name
`of a BOB, the BOBID, is calculated from the contents of the BOB itself. All BOBIDs
`have exactly the same length, 128 bits (16 bytes). Each is equal to a 32-bit cyclical
`
`5
`
`

`
`The ‘280 Patent Claims
`
`Enterprise Storage Manager Manual
`redundancy check (CRC) of the BOB, followed by a 32-bit LRC (longitudinal
`redundancy check, or XOR), followed by a 32-bit hash value, followed by 32 bits
`containing the length of the BOB in bytes. In cases where the BOB is 12 bytes long or
`less, the entire BOB (padded with zeros if necessary) is used as the first 12 bytes of its
`own BOBID. Although the BOBID is very compact, it is extremely robust
`mathematically. For example, if an enterprise had a single ESM site (generally no
`bigger than a single LAN) with a trillion BOBs (which would occupy millions of
`gigabytes of disk space), there would be less than one chance in a quadrillion that a file
`might be restored incorrectly because one of its BOBs had been assigned the same
`BOBID as a different BOB.” (ESM Manual at pp. 3-3 – 3-4).
`
`ESM's architecture enables all restore requests to arrive as BOBID requests. To retrieve
`any data file, the user must already know the identity of the data, an identity only
`available to the ESM backup process on the LAN and protected by LAN-resident
`security systems.” (ESM Manual at pp. 3-9).
`
`See also ESM Manual at pp. 2-2, 3-3, 3-4, 3-8, 3-9, and Glossary 1.
`
`[38a] A method of delivering a data file in
`a network comprising a plurality of
`processors, some of the processors being
`servers and some of the processors being
`clients, the method comprising:
`
`The ESM Manual discloses a method of delivering a data file in a network
`comprising a plurality of processors, some of the processors being servers and
`some of the processors being clients. The Enterprise Storage Manager system
`includes BOBs (data files) distributed across LAN servers and a corporate data
`center (clients and servers) connected through a corporate network. BOBs can be
`delivered in response to a BOB request.
`
`[38b] storing the data file is [sic] on a first
`server and storing copies of the data file on
`a set of servers distinct from the first
`server; and
`
`See element [36]a.
`The ESM Manual discloses storing the data file is on a first server and storing
`copies of the data file on a set of servers distinct from the first server. The
`Enterprise Storage Manager system runs a dual backup process. During this
`process, BOBs (data files) are backed up (stored) once on LAN disk and once at the
`corporate data center (servers).
`
`6
`
`

`
`The ‘280 Patent Claims
`
`Enterprise Storage Manager Manual
`
`See element [36b].
`
`To the extent PersonalWeb contends that the limitation of “storing the data file is
`[sic] on a first server and storing copies of the data file on a set of servers distinct
`from the first server” is not met by the ESM Manual, a person of ordinary skill in
`the art would have found it obvious to modify the ESM Manual to meet that
`limitation. For example, it would have been obvious to add an additional remote
`backup file server or servers to the ESM Manual’s system for additional data
`security. Adding additional remote backup file servers to the ESM Manual would
`constitute applying a known technique to a known device, method, or product
`ready for improvement to yield predictable results, and therefore it would be
`obvious to a person of ordinary skill in the art exercising ordinary creativity.
`The ESM Manual discloses, responsive to a client request for the data file, the
`request including a value determined as a given function of the contents of the data
`file, providing the data file to the client. For example, the Enterprise Storage
`Manager system allows BOB (data file) restore requests (client requests) that
`include the BOBID for the requested BOB. A BOBID includes a hash value
`calculated by a hash function on the contents of the BOB that it identifiers.
`
`See element [36c].
`
`[38c] responsive to a client request for the
`data file, the request including a value
`determined as a given function of the
`contents of the data file, providing the data
`file to the client.
`
`7