Petition for Inter Partes Review of U.S. Patent No. 7,010,536
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`APPLE INC.
`Petitioner,
`
`v.
`
`EVOLUTIONARY INTELLIGENCE
`Patent Owner
`
`Patent No. 7,010,536
`Issued: March 7, 2006
`Filed: January 28, 1999
`Inventor: Michael De Angelo
`SYSTEM AND METHOD FOR CREATING
`AND MANIPULATING INFORMATION
`CONTAINERS WITH DYNAMIC REGISTERS
`____________________
`Inter Partes Review No. IPR2014-00082
`__________________________________________________________________
`
`DECLARATION OF HENRY HOUH
`
`
`Title:
`
`
`
`
`
`Petitioner Apple Inc. - Exhibit 1003, p.
`
`

`

`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION ......................................................................................... 1
`A.
`Engagement ........................................................................................... 1
`B.
`Background and Qualifications ............................................................. 1
`C.
`Compensation and Prior Testimony ...................................................... 4
`D.
`Information Considered ......................................................................... 5
`LEGAL STANDARDS FOR PATENTABILITY ...................................... 6
`II.
`A. Anticipation ........................................................................................... 7
`B.
`Obviousness ........................................................................................... 8
`III. THE ’536 PATENT ..................................................................................... 14
`A.
`Effective Filing Date of the ‘536 Patent ............................................. 14
`B.
`Claims of the ‘536 Patent .................................................................... 14
`C.
`Terms Used in the ‘536 Patent Claims ................................................ 18
`1. Container .......................................................................................18
`2. Register..........................................................................................19
`3. Gateway .........................................................................................21
`D.
`Level of Ordinary Skill in the Art ....................................................... 22
`IV. COMPARISON OF PRIOR ART TO THE ‘536 PATENT ................... 22
`A. U.S. Patent 6,496,872 (Ex. 1006) ........................................................ 22
`1. Overview of The ‘872 Patent ........................................................22
`2. Comparison of Claims 1, 3-15 of the ’536 Patent to the ‘872
`Patent .............................................................................................53
`B.
`U.S. Patent 5,902,352 (Ex. 1007) ........................................................ 75
`1. Overview of The ‘352 Patent ........................................................76
`2. Comparison of Claims 1, 3-15 of the ’536 Patent to the ‘352
`Patent ...........................................................................................105
`
`
`
`Petitioner Apple Inc. - Exhibit 1003, p.
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`

`

`I.
`
`1.
`
`INTRODUCTION
`A. Engagement
`I have been retained by counsel for Apple Inc. (“Apple”) as an expert
`
`witness in the above-captioned proceeding. I have been asked to provide my
`
`opinion about the state of the art of the technology described in U.S. Patent No.
`
`7,010,536 (“the ’536 patent”) and on the patentability of the claims of this patent.
`
`The following is my written declaration on these topics.
`
`B.
`
`Background and Qualifications
`
`2.
`
`3.
`
`My Curriculum Vitae is submitted herewith as Exhibit 1004.
`
`I received a Ph.D. in Electrical Engineering and Computer Science
`
`from the Massachusetts Institute of Technology in 1998. I also received a Master
`
`of Science degree in Electrical Engineering and Computer Science in 1991, a
`
`Bachelor of Science Degree in Electrical Engineering and Computer Science in
`
`1990, and a Bachelor of Science Degree in Physics in 1989.
`
`4.
`
`As further indicated in my C.V., I have worked in the electrical
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`engineering and computer science fields, including web search and web server
`
`development, on several occasions. As part of my doctoral research at MIT from
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`1991-1998, I worked as a research assistant in the Telemedia Network Systems
`
`(TNS) group at the Laboratory for Computer Science. The TNS group built a high
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`speed gigabit network and applications which ran over the network, such as remote
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`video capture, processing, segmentation and search on computer terminals. In
`
`Petitioner Apple Inc. - Exhibit 1003, p. 1
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`

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`addition to helping design the core network components, designing and building
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`the high speed links, and designing and writing the device drivers for the interface
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`cards, I also set up the group’s web server, which at the time was one of the first
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`several hundred web servers in existence.
`
`5.
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`I authored or co-authored twelve papers and conference presentations
`
`on our group’s research. I also co-edited the final report of the gigabit networking
`
`research effort with the Professor (David Tennenhouse) and Senior Research
`
`Scientist of the group (David Clark), who is generally considered to be one of the
`
`fathers of the Internet Protocol.
`
`6.
`
`I started building web servers in 1993, having set up the web server
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`for the MIT Telemedia, Networks, and Systems Group, to which I belonged. It
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`was one of the first several hundred web servers in existence, and went on to
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`provide what was likely one of the first live Internet video session initiated from a
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`web site. I co-authored papers on our web server video system and on database-
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`backed web sites for which I attended the first World Wide Web conference to
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`present.
`
`7.
`
`From 1997 to 1999, I was a Senior Scientist and Engineer at NBX
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`Corporation, a start-up that made business telephone systems that streamed
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`packetized audio over data networks instead of using traditional phone lines. NBX
`
`was later acquired by 3Com Corporation, and the phone system is still available
`
`Petitioner Apple Inc. - Exhibit 1003, p. 2
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`

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`and being used at tens of thousands of businesses or more. As part of my work at
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`NBX, I designed the core audio reconstruction algorithms for the telephones, as
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`well as the packet transmission algorithms. I also designed and validated the core
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`packet transport protocol used by the phone system. The protocol is used millions
`
`of times daily currently. Two of the company founders and I received US Patent
`
`No. 6,697,963 titled “Telecommunication method for ensuring on-time delivery of
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`packets containing time sensitive data,” for some of the work I did there.
`
`8.
`
`Starting in 2001, I was architect for the next generation of web testing
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`product by Empirix known as e-Test Suite. e-Test Suite is now owned by Oracle
`
`Corporation. e-Test provided functional and load testing for web sites. e-Test
`
`emulated a user's interaction with a web site and provided web developers with a
`
`method of creating various scripts and providing both functional testing (e.g., did
`
`the web site provide the correct response) and load testing (e.g., could the web site
`
`handle 5000 users on its web site simultaneously). Among Empirix’s customers
`
`was H&R Block, who used e-Test Suite to test the tax filing functionality of their
`
`web site as whether the web site could handle a large expected load prior to the
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`filing deadline.
`
`9.
`
`Around 2006, I helped create a search engine for audio and video
`
`which could be searched based on spoken word content. Our system used speech
`
`recognition and natural language processing to create a search index of audio and
`
`Petitioner Apple Inc. - Exhibit 1003, p. 3
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`

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`video files posted publicly on the Internet. Today, at RAMP Inc., the project has
`
`grown to a product that is used by media outlets such as ABC, CBS, NBC, Fox,
`
`and Reuters.
`
`10.
`
`Around 2008-2009, while I was Chief Technology Officer at Eons, a
`
`venture backed company founded by Jeff Taylor, who also founded the hiring web
`
`site Monster.com, Eons launched an advertising network. Eons built a network of
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`sites on which advertisements could be placed, fulfilled client advertisement
`
`purchases, and tracked delivery of clients’ advertisements. In addition, we utilized
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`the Solr search platform in order to index the millions of items of content added by
`
`Eons members, in order to make them searchable.
`
`11.
`
`I have also continued to develop web sites for various business
`
`projects, as well as setting up web sites on a volunteer basis for various groups that
`
`I am associated with.
`
`12.
`
`I am the author of several publications devoted to a wide variety of
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`technologies in the fields of electrical engineering and computer science. These
`
`publications are listed on my C.V. (Ex. 1004).
`
`C. Compensation and Prior Testimony
`I am being compensated at a rate of $575 per hour for my study and
`
`13.
`
`testimony in this matter. I am also being reimbursed for reasonable and customary
`
`expenses associated with my work and testimony in this investigation. My
`
`Petitioner Apple Inc. - Exhibit 1003, p. 4
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`

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`compensation is not contingent on the outcome of this matter or the specifics of my
`
`testimony.
`
`14.
`
`I have testified in Federal District Court three times. Most recently, I
`
`testified in the Two-Way Media LLC v. AT&T Inc. matter in the Western District of
`
`Texas. I have also testified in the Verizon v. Vonage and Verizon v. Cox matters,
`
`both in the Eastern District of Virginia.
`
`D.
`
`Information Considered
`
`15.
`
`My opinions are based on my years of education, research and
`
`experience, as well as my investigation and study of relevant materials. In forming
`
`my opinions, I have considered the materials I identify in this report and those
`
`listed in Appendix A.
`
`16.
`
`I may rely upon these materials and/or additional materials to respond
`
`to arguments raised by the Patent Owner. I may also consider additional
`
`documents and information in forming any necessary opinions — including
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`documents that may not yet have been provided to me.
`
`17.
`
`My analysis of the materials produced in this investigation is ongoing
`
`and I will continue to review any new material as it is provided. This report
`
`represents only those opinions I have formed to date. I reserve the right to revise,
`
`supplement, and/or amend my opinions stated herein based on new information
`
`and on my continuing analysis of the materials already provided.
`
`Petitioner Apple Inc. - Exhibit 1003, p. 5
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`

`

`II. LEGAL STANDARDS FOR PATENTABILITY
`In expressing my opinions and considering the subject matter of the
`18.
`
`claims of the ’536 patent, I am relying upon certain basic legal principles that have
`
`been explained to me.
`
`19.
`
`First, I understand that for an invention claimed in a patent to be
`
`found patentable, it must be, among other things, new and not obvious from what
`
`was known before the invention was made.
`
`20.
`
`I understand the information that is used to evaluate whether an
`
`invention is new and not obvious is generally referred to as “prior art” and
`
`generally includes patents and printed publications (e.g., books, journal
`
`publications, articles on websites, product manuals, etc.).
`
`21.
`
`I understand that in this proceeding Apple has the burden of proving
`
`that the claims of the ’536 patent are anticipated by or obvious from the prior art
`
`by a preponderance of the evidence. I understand that “a preponderance of the
`
`evidence” is evidence sufficient to show that a fact is more likely true than it is not.
`
`22.
`
`I understand that in this proceeding, the claims must be given their
`
`broadest reasonable interpretation consistent with the specification. The claims
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`after being construed in this manner are then to be compared to the information in
`
`the prior art.
`
`Petitioner Apple Inc. - Exhibit 1003, p. 6
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`

`

`23.
`
`I understand that in this proceeding, the information that may be
`
`evaluated is limited to patents and printed publications. My analysis below
`
`compares the claims to patents and printed publications that are prior art to the
`
`claims.
`
`24.
`
`I understand that there are two ways in which prior art may render a
`
`patent claim unpatentable. First, the prior art can be shown to “anticipate” the
`
`claim. Second, the prior art can be shown to have made the claim “obvious” to a
`
`person of ordinary skill in the art. My understanding of the two legal standards is
`
`set forth below.
`
`A. Anticipation
`I understand that the following standards govern the determination of
`
`25.
`
`whether a patent claim is “anticipated” by the prior art.
`
`26.
`
`I have applied these standards in my evaluation of whether claims 1, 2
`
`and 3 of the ’536 patent would have been anticipated by the prior art.
`
`27.
`
`I understand that the “prior art” includes patents and printed
`
`publications that existed before the earliest filing date (the “effective filing date”)
`
`of the claim in the patent. I also understand that a patent will be prior art if it was
`
`filed before the effective filing date of the claimed invention, while a printed
`
`publication will be prior art if it was publicly available before that date.
`
`Petitioner Apple Inc. - Exhibit 1003, p. 7
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`

`

`28.
`
`I understand that, for a patent claim to be “anticipated” by the prior
`
`art, each and every requirement of the claim must be found, expressly or
`
`inherently, in a single prior art reference as recited in the claim. I understand that
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`claim limitations that are not expressly described in a prior art reference may still
`
`be there if they are “inherent” to the thing or process being described in the prior
`
`art. For example, an indication in a prior art reference that a particular process
`
`complies with a published standard would indicate that the process must inherently
`
`perform certain steps or use certain data structures that are necessary to comply
`
`with the published standard.
`
`29.
`
`I understand that it is acceptable to consider evidence other than the
`
`information in a particular prior art document to determine if a feature is
`
`necessarily present in or inherently described by that reference.
`
`B. Obviousness
`I understand that a claimed invention is not patentable if it would have
`
`30.
`
`been obvious to a person of ordinary skill in the field of the invention at the time
`
`the invention was made.
`
`31.
`
`I understand that the obviousness standard is defined in the patent
`
`statute (35 U.S.C. § 103(a)) as follows:
`
`A patent may not be obtained though the invention is not identically
`disclosed or described as set forth in section 102 of this title, if the
`differences between the subject matter sought to be patented and the
`
`Petitioner Apple Inc. - Exhibit 1003, p. 8
`
`

`

`prior art are such that the subject matter as a whole would have been
`obvious at the time the invention was made to a person having
`ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the
`invention was made.
`
`32.
`
`I understand that the following standards govern the determination of
`
`whether a claim in a patent is obvious. I have applied these standards in my
`
`evaluation of whether claims 1, 3-15 of the ’536 patent would have been
`
`considered obvious in January 1998.
`
`33.
`
`I understand that to find a claim in a patent obvious, one must make
`
`certain findings regarding the claimed invention and the prior art. Specifically, I
`
`understand that the obviousness question requires consideration of four factors
`
`(although not necessarily in the following order):
`
`• The scope and content of the prior art;
`• The differences between the prior art and the claims at issue;
`• The knowledge of a person of ordinary skill in the pertinent art; and
`• Whatever objective factors indicating obviousness or non-obviousness
`may be present in any particular case.
` In addition, I understand that the obviousness inquiry should not be
`
`34.
`
`done in hindsight, but must be done using the perspective of a person of ordinary
`
`skill in the relevant art as of the effective filing date of the patent claim.
`
`35.
`
`I understand the objective factors indicating obviousness or non-
`
`obviousness may include: commercial success of products covered by the patent
`
`Petitioner Apple Inc. - Exhibit 1003, p. 9
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`

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`claims; a long-felt need for the invention; failed attempts by others to make the
`
`invention; copying of the invention by others in the field; unexpected results
`
`achieved by the invention; praise of the invention by those in the field; the taking
`
`of licenses under the patent by others; expressions of surprise by experts and those
`
`skilled in the art at the making of the invention; and the patentee proceeded
`
`contrary to the accepted wisdom of the prior art. I also understand that any of this
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`evidence must be specifically connected to the invention rather than being
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`associated with the prior art or with marketing or other efforts to promote an
`
`invention. I am not presently aware of any evidence of “objective factors”
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`suggesting the claimed methods are not obvious, and reserve my right to address
`
`any such evidence if it is identified in the future.
`
`36.
`
`I understand the combination of familiar elements according to known
`
`methods is likely to be obvious when it does no more than yield predictable results.
`
`I also understand that an example of a solution in one field of endeavor may make
`
`that solution obvious in another related field. I also understand that market
`
`demands or design considerations may prompt variations of a prior art system or
`
`process, either in the same field or a different one, and that these variations will
`
`ordinarily be considered obvious variations of what has been described in the prior
`
`art.
`
`Petitioner Apple Inc. - Exhibit 1003, p. 10
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`

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`37.
`
`I also understand that if a person of ordinary skill can implement a
`
`predictable variation, that variation would have been considered obvious. I
`
`understand that for similar reasons, if a technique has been used to improve one
`
`device, and a person of ordinary skill in the art would recognize that it would
`
`improve similar devices in the same way, using that technique to improve the other
`
`device would have been obvious unless its actual application yields unexpected
`
`results or challenges in implementation.
`
`38.
`
`I understand that the obviousness analysis need not seek out precise
`
`teachings directed to the specific subject matter of the challenged claim, but
`
`instead can take account of the “ordinary innovation” and experimentation that
`
`does no more than yield predictable results, which are inferences and creative steps
`
`that a person of ordinary skill in the art would employ.
`
`39.
`
`I understand that sometimes it will be necessary to look to interrelated
`
`teachings of multiple patents; the effects of demands known to the design
`
`community or present in the marketplace; and the background knowledge
`
`possessed by a person having ordinary skill in the art. I understand that all these
`
`issues may be considered to determine whether there was an apparent reason to
`
`combine the known elements in the fashion claimed by the patent at issue.
`
`40.
`
`I understand that the obviousness analysis cannot be confined by a
`
`formalistic conception of the words “teaching, suggestion, and motivation.” I
`
`Petitioner Apple Inc. - Exhibit 1003, p. 11
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`

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`understand that in 2007, the Supreme Court issued its decision in KSR Int'l Co. v.
`
`Teleflex, Inc. where the Court rejected the previous requirement of a “teaching,
`
`suggestion, or motivation to combine” known elements of prior art for purposes of
`
`an obviousness analysis as a precondition for finding obviousness. It is my
`
`understanding that KSR confirms that any motivation that would have been known
`
`to a person of skill in the art, including common sense, or derived from the nature
`
`of the problem to be solved, is sufficient to explain why references would have
`
`been combined.
`
`41.
`
`I understand that a person of ordinary skill attempting to solve a
`
`problem will not be led only to those elements of prior art designed to solve the
`
`same problem. I understand that under the KSR standard, steps suggested by
`
`common sense are important and should be considered. Common sense teaches
`
`that familiar items may have obvious uses beyond the particular application being
`
`described in a reference, that if something can be done once it is obvious to do it
`
`multiple times, and in many cases a person of ordinary skill will be able to fit the
`
`teachings of multiple patents together like pieces of a puzzle. As such, the prior art
`
`considered can be directed to any need or problem known in the field of endeavor
`
`in January of 1998 and can provide a reason for combining the elements of the
`
`prior art in the manner claimed. In other words, the prior art does not need to be
`
`directed towards solving the same problem that is addressed in the patent. Further,
`
`Petitioner Apple Inc. - Exhibit 1003, p. 12
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`

`

`the individual prior art references themselves need not all be directed towards
`
`solving the same problem.
`
`42.
`
`I understand that an invention that might be considered an obvious
`
`variation or modification of the prior art may be considered non-obvious if one or
`
`more prior art references discourages or lead away from the line of inquiry
`
`disclosed in the reference(s). A reference does not “teach away” from an invention
`
`simply because the reference suggests that another embodiment of the invention is
`
`better or preferred. My understanding of the doctrine of teaching away requires a
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`clear indication that the combination should not be attempted (e.g., because it
`
`would not work or explicit statements saying the combination should not be made.
`
`43.
`
`I understand that a person of ordinary skill is also a person of ordinary
`
`creativity.
`
`44.
`
`I further understand that in many fields, it may be that there is little
`
`discussion of obvious techniques or combination, and it often may be the case that
`
`market demand, rather than scientific literature or knowledge, will drive design
`
`trends. When there is such a design need or market pressure to solve a problem
`
`and there are a finite number of identified, predictable solutions, a person of
`
`ordinary skill has good reason to pursue the known options within their technical
`
`grasp. If this leads to the anticipated success, it is likely the product not of
`
`innovation but of ordinary skill and common sense. In that instance the fact that a
`
`Petitioner Apple Inc. - Exhibit 1003, p. 13
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`

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`combination was obvious to try might show that it was obvious. The fact that a
`
`particular combination of prior art elements was “obvious to try” may indicate that
`
`the combination was obvious even if no one attempted the combination. If the
`
`combination was obvious to try (regardless of whether it was actually tried) or
`
`leads to anticipated success, then it is likely the result of ordinary skill and
`
`common sense rather than innovation.
`
`III. THE ’536 PATENT
`A. Effective Filing Date of the ‘536 Patent
`The ‘536 patent issued from U.S. Application No. 09/284,113, with a
`
`45.
`
`PCT filing date of January 28, 1999.
`
`46.
`
`The ’113 application claims priority to Provisional Application No.
`
`60/073,209, filed on January 30, 1998. I note that the contents of the disclosure of
`
`the ‘209 provisional application are not identical to the contents of the ‘536 patent.
`
`For example, certain passages are written differently in the ‘209 provisional
`
`relative to the ‘536 patent.
`
`47.
`
`I have used the date of January 30, 1998 as the earliest effective filing
`
`date of claims 1, 3-15 of the ‘536 patent but have not determined that the
`
`disclosure of the ‘209 provisional fully supports these claims.
`
`B. Claims of the ‘536 Patent
`This declaration relates to claims 1, 3-15. These claims read as
`
`48.
`
`follows:
`
`Petitioner Apple Inc. - Exhibit 1003, p. 14
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`

`

`1. An apparatus for transmitting, receiving and manipulating
`information on a computer system, the apparatus including a plurality
`of containers, each container being a logically defined data enclosure
`and comprising: an information element having information; a
`plurality of registers, the plurality of registers forming part of the
`container and including a first register for storing a unique container
`identification value, a second register having a representation
`designating time and governing interactions of the container with
`other containers, systems or processes according to utility of
`information in the information element relative to an external-to-the-
`apparatus event time, an active time register for identifying times at
`which the container will act upon other containers, processes, systems
`or gateways, a passive time register for identifying times at which the
`container can be acted upon by other containers, processes, systems or
`gateways, and a neutral time register for identifying times at which the
`container may interact with other containers, processes, systems or
`gateways; and a gateway attached to and forming part of the
`container, the gateway controlling the interaction of the container with
`other containers, systems or processes.
`
`3. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes at least one container history register for storing information
`regarding past interaction of the container with other containers,
`systems or processes, the container history register being modifiable.
`
`4. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes at least one system history register for storing information
`
`Petitioner Apple Inc. - Exhibit 1003, p. 15
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`

`

`regarding past interaction of the container with different operating
`system and network processes.
`
`5. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes at least one predefined register, the predefined register being
`a register associated with an editor for user selection and being
`appendable to any container.
`
`6. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes a user-created register, the user-created register being
`generated by the user, and being appendable to any container.
`
`7. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes a system-defined register, the system-defined register being
`set, controlled and used by the system, and being appendable to any
`container.
`
`8. The apparatus of claim 1 or 2, wherein the plurality of registers
`includes at least one acquire register for controlling whether the
`container adds a register from other containers or adds a container
`from other containers when interacting with them.
`
`9. The apparatus of claim 1 or 2, wherein the gateway includes means
`for acting upon another container, the means for acting upon another
`container using the plurality of registers to determine whether and
`how the container acts upon other containers.
`
`10. The apparatus of claim 1 or 2, wherein the gateway includes
`means for allowing interaction, the means for allowing interaction
`
`Petitioner Apple Inc. - Exhibit 1003, p. 16
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`

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`using the plurality of registers to determine whether and how another
`container can act upon the container.
`
`11. The apparatus of claim 1 or 2, wherein the gateway includes
`means for gathering information, the means for gathering information
`recording register information from other containers, systems or
`processes that interact with the container.
`
`12. The apparatus of claim 1 or 2, wherein the gateway includes
`means for reporting information, the means for reporting information
`providing register information to other containers, systems or
`processes that interact with the container.
`
`13. The apparats [sic] of claim 1 or 2, wherein the gateway includes
`an expert system including rules defining the interaction of the
`container with other containers, systems or processes.
`
`14. The apparatus of claim 1 or 2, wherein the information element is
`one from the group of text, graphic images, video, audio, a digital
`pattern, a process, a nested container, bit, natural number and a
`system.
`
`15. An apparatus for transmitting, receiving and manipulating
`information on a computer system, the apparatus including a plurality
`of containers, each container being a logically defined data enclosure
`and comprising: an information element having information; a
`plurality of registers, the plurality of registers forming part of the
`container and including a first register for storing a unique container
`identification value, a second register having a representation
`
`Petitioner Apple Inc. - Exhibit 1003, p. 17
`
`

`

`designating time and governing interactions of the container with
`other containers, systems or processes according to utility of
`information in the information element relative to an external-to-the-
`apparatus event time, and at least one acquire register for controlling
`whether the container adds a register from other containers or adds a
`container from other containers when interacting with them; and a
`gateway attached to and forming part of the container, the gateway
`controlling the interaction of the container with other containers,
`systems or processes.
`
`C. Terms Used in the ‘536 Patent Claims
`I understand in this proceeding before the PTO that the broadest
`
`49.
`
`reasonable construction of the claims in light of the specification is to be used to
`
`determine what the claims encompass. I have used that standard in evaluating
`
`what the claims define, as well as terms used in the claims. There are several
`
`terms used in the patent claims that deserve mention.
`
`Container
`
`1.
`The ‘536 patent explains that a “container” is
`
`50.
`
`“a logically defined data enclosure which encapsulates any element or
`digital segment (text, graphic, photograph, audio, video, or other), or
`set of digital segments, or referring now to FIG. 3C, any system
`component or process, or other containers or sets of containers.” Ex.
`1001, 8:64-9:2. It continues by stating a container “at minimum
`includes in its construction a logically encapsulated portion of
`cyberspace, a register and a gateway” and that it “at minimum
`
`Petitioner Apple Inc. - Exhibit 1003, p. 18
`
`

`

`encapsulates a single digital bit, a single natural number or the logical
`description of another container, and at maximum all defined
`cyberspace, existing, growing and to be discovered, including but not
`limited to all containers, defined and to be defined in cyberspace.”
`Ex. 1001, 9:2-9. It also states a container “contains the code to
`enable it to interact with the components enumerated in 2A, and to
`reconstruct itself internally and manage itself on the network 201.”
`Ex. 1001, 9:9-12.
`
`51.
`
`I believe the broadest reasonable construction of “container” therefore
`
`encompasses a logically defined data structure that contains a whole or partial
`
`digital element (e.g., text, graphic, photograph, audio, video, or other), or set of
`
`digital segments, or any system component or process, or other containers or sets
`
`of containers.
`
`Register
`
`2.
`The ‘536 patent states:
`
`52.
`
`Registers 120 are user or user-base created or system-created values
`or ranges made available by the system 10 to attach to a unique
`container, and hold system-set, user-set, or system-evolved values.
`Values may be numeric, may describe domains of time or space, or
`may provide information about the container 100, the user, or the
`system 10. Registers 120 may be active, passive or interactive and
`may evolve with system use. Ex. 1001 at 14:23-30.
`
`Petitioner Apple Inc. - Exhibit 1003, p. 19
`
`

`

`53.
`
`The ‘536 patent also indicates that “[c]ontainer registers 120 are
`
`interactive dynamic values appended to the logical enclosure of an information
`
`container 100 and serve to govern the interaction of that container 100 with other
`
`containers 100, container gateways 200 and the system 10, and to record the
`
`historical interaction of that container 100 on the system 10.” Ex. 1001 at 9:14-19.
`
`The ‘536 patent observes that “Container registers 120 may be values alone or
`
`contain code to establish certain parameters in interaction with other containers
`
`100 or gateways 200.” Ex. 1001, 9:19-23.
`
`54.
`
`The broadest reasonable construction of “register” thus would
`
`encompass a value