Application/Control Number: 90/010,416
`
`Art Unit: 3992
`
`Page 6
`
`program code for transmitting, to the server, a query as to whether the secondprocess is
`
`connected to the computer network (Etherphone, Zellweger pgs. 1-3 and Swinehart 1, pg. 4);
`
`program code for receiving a network protocol address ofthe secondprocessfrom the
`
`server, when the second process is connected to the computer network (Etherphone, Swinehart 1,
`
`pg. 4); and
`
`program code, responsive to the network protocol address ofthe secondprocess, for
`
`establishing a point-to-point communication link between the first process and the second
`
`process over the computer network (Etherphone, Swinehart 1, pg. 4 and Zellweger, pg. 2).
`
`The Etherphone, Vin and RFC 1531 references were not previously discussed by the
`
`examiner nor applied to claims 1-7 and 10-44 in the prior examination of the patent as discussed
`
`above.
`
`It is agreed that the consideration of Etherphone, Vin and RFC 1531 raises an SNQ as to
`
`claims 1-7 and 10-44 of the Hutton patent as pointed out above. There is a substantial likelihood
`
`that a reasonable examiner would consider these teachings important in deciding whether or not
`
`these claims are patentable.
`
`Accordingly, Etherphone, Vin and RFC 1531 raise a substantial new question of claims
`
`1-7 and 10-44, which question has not been decided in a previous examination of the Hutton
`
`patent nor was there a final holding of invalidity by the Federal Courts regarding the Hutton
`
`patent.
`
`VocalChat and RFC 1531
`
`7)
`
`The VocalChat reference disclose an address server with an address database for storing
`
`network protocol addresses usable by network nodes to establish point-to-point communications.
`
`ReexamFH_000429
`
`SONY EXHIBIT 1003- Page 429
`
`ReexamFH_000429
`
`

`
`Application/Control Number: 90/010,416
`
`Art Unit: 3992
`
`I
`
`RFC 1531 discloses how TCP/IP addresses are assigned dynamically by a DHCP server.
`
`The Request shows that the VocalChat references and RFC 1531 in combination teach
`
`program code for transmitting to the server a network protocol address received by the first
`
`process following connection to the computer network (VocalChat ReadMe, Page 2, Help File
`
`page 2, RFC 1531, section 2.2);
`
`program code for transmitting, to the server, a query as to whether the second process is
`
`connected to the computer network (VocalChat Help File, pages 2, 22 and 26);
`
`program code for receiving a network protocol address ofthe second process from the
`
`server, when the second process is connected to the computer network (VocalChat'He1p File,
`
`page 2); and
`
`program code, responsive to the networkprotocol address ofthe secondprocess, for
`
`establishing a point—to—point communication link between the first process and the second
`
`process over the computer network (VocalChat Help File, page 17, User Guide, page 2).
`
`The VocalChat and RFC 1531 references were not previously discussed by the examiner
`
`nor applied to claims 1-7 and 10-44 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of VocalChat and RFC 1531 raises an SNQ as to claims
`
`1-7 and 10-44 of the Hutton patent as pointed out above. There is a substantial likelihood that a
`
`reasonable examiner would consider these teachings important in deciding whether or not these
`
`claims are patentable.
`
`Accordingly, VocalChat and RFC 1531 raise a substantial new question of claims 1-7 and
`
`10-44, which question has not been decided in a previous examination of the Hutton patent nor
`
`was there a final holding of invalidity by the Federal Courts regarding the Hutton patent.
`
`ReexamFH_000430
`
`SONY EXHIBIT 1003- Page 430
`
`ReexamFH_000430
`
`

`
`Application/Control Number: 90/010,416
`Art Unit: 3992
`
`Pinard
`
`8)
`
`Pinard is cited by Requester as supporting the primary references in alternative
`
`obviousness rejections, as well as proposed teachings for dependent claims in Hutton. Examiner
`
`agrees that many of the claims in Hutton, particularly independent claims 10 and 21, as mapped
`
`out in the Request, appear to be read on by the combination of References listed above with
`
`Pinard.
`
`The Pinard reference was not previously discussed by the examiner nor applied to claims
`
`1-7 and 10-44 in the prior examination of the patent as discussed above.
`
`It is agreed that the consideration of Pinard in combination with the references above
`
`raises an SNQ as to claims 1-7 and 10-44 of the Hutton patent as pointed out above. There is a
`
`substantial likelihood that a reasonable examiner would consider these teachings important in
`
`deciding whether or not these claims are patentable.
`
`Accordingly, Pinard raises a substantial new question of claims 1-7 and 10-44, which
`
`question has not been decided in a previous examination of the Hutton patent nor was there a
`
`final holding of invalidity by the Federal Courts regarding the Hutton patent.
`
`9)
`
`Claims 1-7 and 10-44 will be reexamined as requested in the Request.
`
`Scope of Reexamination
`
`ReexamFH_00043 1
`
`SONY EXHIBIT 1003- Page 431
`
`ReexamFH_000431
`
`

`
`Application/Control Number: 90/010,416
`
`Art Unit: 3992
`
`Conclusion
`
`Extensions of time under 37 CFR 1.136(a) will not be permitted in these proceedings
`
`because the provisions of 37 CFR 1.136 apply only to "an applicant" and not to parties in a
`
`reexamination proceeding. Additionally, 35 U.S.C. 305 requires that reexamination proceedings
`
`"will be conducted with special dispatch" (37 CFR l.550(a)). Extension of time in ex parte
`
`reexamination proceedings are provided for in 37 CFR 1.550(0).
`
`The patent owner is reminded of the continuing responsibility under 37 CFR 1.565(a) to
`
`apprise the Office of any litigation activity, or other prior or concurrent proceeding, involving
`
`Patent No. 5,337,753 throughout the course of this reexamination proceeding. The third party
`
`requester is also reminded of the ability to similarly apprise the Office of any such activity or
`
`proceeding throughout the course of this reexamination proceeding. See MPEP §§ 2207, 2282
`
`and 2286.
`
`All correspondence relating to this ex parte reexamination proceeding should be directed
`
`as follows:
`
`By U.S. Postal Service Mail to:
`
`Mail Stop Ex Parte Reexam
`ATTN: Central Reexamination Unit
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571)273-9900
`Central Reexamination Unit
`
`ReexamFH_000432
`
`SONY EXHIBIT 1003- Page 432
`
`ReexamFH_000432
`
`

`
`Application/Control Number: 90/010,416
`
`Art Unit: 3992
`
`By hand to:
`
`Customer Service Window
`
`Randolph Building
`401 Dulany St.
`Alexandria, VA 22314.
`
`By EFS-Web:
`
`Registered users of EFS—Web may alternatively submit such correspondence via the
`electronic filing system EFS—Web, at
`
`https://sportaluspto.gov/authenticate/authenticateuserlocalepf.html
`
`EFS—Web offers the benefit of quick submission to the particular area of the Office that
`needs to act on the correspondence. Also, EFS—Web submissions are “soft scarmed” (i.e.,
`electronically uploaded) directly into the official file for the reexamination proceeding, which
`offers parties the opportunity to review the content of their submissions after the “soft scanning”
`process is complete.
`
`Any inquiry concerning this communication or earlier communications from the
`
`Reexamination Legal Advisor or Examiner, or as to the status of this proceeding, should be
`
`directed to the Central Reexamination Unit at telephone number (571) 272-7705.
`
`/Alexander J Kosowski/
`
`-
`
`Primary Examiner, Art Unit 3992
`
`ReexamFH_000433
`
`SONY EXHIBIT 1003- Page 433
`
`ReexamFH_000433
`
`

`
`substitute tor Form 1449/PTO
`
`Com Iete if Known
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`(use as many sheets as necessary)
`
`AW'*°a‘*°"““m°°'
`Filing Date
`First Named Inventor.
`Art Unit
`Examiner Name
`
`E Attorney Dower Number
`U.S. PATENT DOCUMENTS
`Cite No. Publication Date
`Document Number
`MM-DD-YYYY
`
`Name of Patentee or
`Applicant o1 Cited Document
`
`Number-Kind COde2(lt known)
`
`§fegf1a(;g‘f;gj;="
`Hcrewith
`
`oosso1.c1s4
`
`Pages, Columns, Lines,
`Where Relevant
`Passages or Relevant
`Figures Appear
`
`ExhibitF
`
`5,533,110
`
`07-02-1996
`
`P‘”a’d'D‘:t,’°’a“ ""°‘ —
`
`NON PATENT LITERATURE DOCUMENTS
`
`Examiner
`Initials’
`
`-
`
`l
`i
`i
`3 W
`
`,
`I
`
`Exhibit B
`
`Exhibit C
`
`Exhibit D
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the
`item (book, magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume—issue
`number(s), publisher, city and/or country where published
`The Open Group, Technical Standard, Protocols for X/O en PC lnterworkin : SMB
`Version 2, 1992, pages ii-xvi and pages 1-516.
`ZELLWEGER, POLLE T., et al., Ether hone: Collected Pa ers 1987-1988, Xerox
`Corporation, May 1989.
`
`VIN, HERRICK M., et al, Multimedia Conferencin in the Ether hone Environment, October
`1991. pages 69-79.
`
`.
`I
`
`I
`
`I
`
`l
`
`-
`-
`
`‘
`
`l
`
`/®t<
`
`I
`
`l
`l
`
`'3
`
`DROMS, R., D namic Host Confi uration Protocol RFC 1531, Bucknell University.
`October 1993, pages 1-39.
`fig“ -
`VocalChatUser's GuideVersion 2.0, Vocaltec, 1994. pages 1
`- Exhibit G
`README Voca|Chat Version 2.02 &Voca|ChatWANVersion2.02, Vocaltec, June 1994,
`Exhibit H
`pages 1-3.
`, W
`Voca|Chat 1.01 Network Information, Vocaltec, 1994. pages 1-10.
`- Exhibit I
`Vocalchat Information, Vocaltec, 1994, pages 1-31.
` Exhibit J
` Exhibit K VocalChatTroub|eshootin .Vocaltec, 1994, pages 1-101.
`
`Exhibit E
`
`.
`
`‘Examiner: initial if reference oonsidere. whether or not citation is in conformance with MPEP 609. Draw line through citation it not in conformance and not considered.
`copy ot this form with next communication to applicant.
`‘Applicant's unique citation designation number (optional). ‘Applicant is to place a check mark here it English Translation is attached.
`This collection ot information is required by 37 CFFI 1.98. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to process) an
`application. Confidentiality is governed by 35 U.S.C. I22 and 37 CFR 1.14. This collection is estimated to take 2 hours to complete Including gathering, preparing. and submitting
`the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this lorrn and/or
`suggestions for reducing this burden, should be serI1 to the Chiet Intorrnation Officer, US. Patent and Trademark Office. PO. Box 1450, Alexandria, VA 2313-1450. DO NOT
`SENT FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.0. Box1450. Alexandria. Virginia 22313-1450.
`
`Include
`
`Based on Form PTO/SB/08A (08-03) as modilied by BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN LLP on 09/10/03.
`
`ReexamFH_000434
`
`SONY EXHIBIT 1003- Page 434
`
`ReexamFH_000434
`
`

`
`Search Notes
`
`Applicationlcontrol No.
`
`Applicant(s)IPatent under
`Reexamination
`
`90/010,416
`Examiner
`
`6108704
`Art Unit
`
`ALEXANDER J. KOSOWS KI
`
`3992
`
`SEARCHED
`
`1
`
`SEARCH NOTES
`(INCLUDING SEARCH STRATEGY)
`
`Reviewedproposedsubmittedpriorart
`
`3/9/2009
`
`INTERFERENCE SEARCHED
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. 20090306
`
`ReexamFH_000435
`
`SONY EXHIBIT 1003- Page 435
`
`ReexamFH_000435
`
`

`
`Reexamination
`
`90/010,416
`
`6108704
`
`Reexamination
`
`AppIicant(s)IPatentUnder
`Certificate Number
`
`Requester
`
`Correspondence Address:
`
`E] Patent Owner
`
`E Third Party
`
`BLAKELY SOKOLOFF TAYLOR & ZAFMAN LLP
`1279 OAKMEAD PARKWAY
`SUNNYVALE, CA 94085-4040
`
`LITIGATION REVIEW E
`
`examiner initials
`
`OPEN: 2:06cv2469 Net2phone, Inc. v. Ebay, Inc et al
`
`A
`
`3/9/o9
`date
`
`Director |nitia|s
`. / F
`0_M 0/
`
`<
`
`COPENDING OFFICE PROCEEDINGS
`
`TYPE OF PROCEEDING
`
`NUMBER
`
`1.
`
`no copending office proceedings
`
`U.S. Patent and Trademark Office
`
`DOC. CODE RXFILJKT
`
`ReexamFH_000436
`
`SONY EXHIBIT 1003- Page 436
`
`ReexamFH_000436
`
`

`
`Control No. 90/010,416
`
`'
`
`Filed/Issued Date: 08/22/2000
`
`Entitled: POINT-TO-POINT INTERNET PROTOCOL
`
`Docket No. 2655-0188
`
`Assignee: Net2Phone, Inc.
`(Name of assignee)
`States that it is:
`
`_
`
`A corporation
`(Type of Assignee: corporation, partnership, university, government agency, etc.)_ _
`
`V
`
`1. E the assignee of the entire right, title, and interest; or
`
`2. I:]
`
`an assignee of less than the entire right, title and interest.
`(The extent (by percentage) of its ownership interest is
`
`%)
`
`in the patent application / patent identified above by virtue of either:
`A. E] An assignment from the inventor(s) of the patent application I patent identified above. The assignment
`was recorded in the United States Patent and Trademark Office at Reel
`, Frame
`, or for
`which a copy thereof is attached.
`
`OR
`
`B. E A chainof title from the inventor(s), of the patent application / patent identified above, to the current assignee
`shown below:
`
`From: HUTTON Glen w. To: Internet Telephone Company‘
`
`The document was recorded in the United States Patent and Trademark Office at Reel 007981 Frame 0020, or
`for which a copy thereof is attached.
`
`From: HUTTON Glenn W. To: Internet Telephone Company
`
`The document was recorded in the United States Patent and Trademark Office at Reel 008295 Frame 0167, or
`for which a copy thereof is attached.
`
`From: Internet Telephone Company To: Netspeak Corporation
`
`The document was recorded in the United States Patent and Trademark Office at Reel 007981 Frame 0053, or
`for which a copy thereof is attached.
`
`IE
`
`IE
`
`Additional documents in the chain of title are listed on a supplemental sheet.
`
`Copies of assignments or other documents in the chain of title are attached.
`
`As required by 37 CFR 3.73(b)(1)(i), the documentary evidence of the chain of title from the original owner to the assignee
`was, or concurrently is being. submitted for recordation pursuant to 37 CFR 3.11.
`
`[Note: A separate copy (i.e., a true copy of the original assignment document(s)) must be submitted to
`Assignment Division in accordance with 37 CFR Part 3, if the assignment is to be recorded in the records
`of the USPTO_ E MPEP 302.08]
`
`The undersigned (whose title is supplied below) is authorized to act on behalf of the assignee.
`
`3/13/O9
`
`Date .
`
`Michael R. Casey, Ph.
`
`.
`
`703-894-6400
`
`Printed or Typed Name
`
`Telephone Number
`
`Attorney, Registration,No. 40.294
`
`Title:
`
`ReexamFH_000437
`
`SONY EXHIBIT 1003- Page 437
`
`ReexamFH_000437
`
`

`
`STATEMENT UNDER 37 CFR 3.73(B)
`
`Confinued
`
`From: STRICKLAND, Craig B. To: Netsgeak Corgoration
`
`The document was recorded in the United States Patent and Trademark Office at Reel 009792 Frame 0568, or
`for which a copy thereof is attached.
`
`From: MATTAWAY Shane D. To: Netsgeak Corporation
`
`The document was recorded in the United States Patent and Trademark Office at Reel 010012 Frame 0953, or
`for which a copy thereof is attached.
`
`From: Netsgeak Corporation To: VOIP Technology Holdings, LLC
`
`The document was recorded in the United States Patent and Trademark Office at Reel 016522 Frame 0205, or
`for which a copy thereof is attached.
`
`From: VOIP Technology Holdings, LLC To: Net2Phone Inc.
`
`The document was recorded in the United States Patent and Trademark Office at ReelS Frame $1, or
`for which a copy thereof is attached.
`
`From: Netsgeak Corgoration To: Net2Phone Inc.
`
`The document was recorded in the United States Patent and Trademark Office at Reel 016945 Frame 0890, or
`for which a copy thereof is attached.
`
`From: VOIP Technology Holdings, LLC To: Net2Phone Inc.
`
`The document was recorded in the United States Patent and Trademark Office at Reel 017105 Frame 0240, or
`for which a copy thereof is attached.
`
`ReexamFH_000438
`
`SONY EXHIBIT 1003- Page 438
`
`ReexamFH_000438
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`POWER OF ATTORNEY,
`CORRESPONDENCE ADDRESS
`AND REVOCATION OF PRIOR POWERS
`
`Hon. Commissioner of Patents
`
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Revocation: I hereby revoke all previous powers of attorney given in the
`applica_ti_<_m___identified in the attached statement under 37 CFR 3.g7i3p(b).___
`
`Power of Attorney: I hereby appoint the practitioners associated with customer
`number 42624, individually and collectively, as attomey(s) or agent(s) to represent the
`undersigned before the United States Patent and Trademark Office (USPTO) in
`connection with any and all patent applications assigned only to the undersigned
`according to the USPTO assignment records or assignment documents attached to this
`form in accordance with 37 CFR 3.73(b).
`_
`
`I authorize Davidson Berquist Jackson & Gowdey, LLP to delete names/numbers of
`persons no longer with the Firm and to act and rely on instructions from and communicate
`directly with the entity who first sent this case to them and by whom I hereby declare that I have
`consented afier full disclosure to be represented unless/until I instruct Davidson Berquist Jackson
`& Gowdey, LLP in writing to the contrary.
`
`Correspondence Address: Please recognize or change the correspondence
`address for the application identified in the attached statement under 37 CFR 3.73(1)) to
`the address associated with Customer Number 42624.
`
`Assignee Name and Address:
`
`' Net2Phone, Inc.
`520 Broad Street, 8"’ Floor
`Newark, New Jersey 07102
`
`A copy ofthis form, together with a statement under 37 CFR 3.73 (b) (Form PTO/SB/96 or equivalent) is required to be filed in
`each application in which this form is
`--v statement under 37 CFR3.73(b) may be completed by one of the practitioners
`appointed in this form ifthe ap- o '
`6 practition is authorized to act on behalf of the assignee, and must identify the application
`in which this Power of Atto -
`' is to be filed.
`'
`
`.
`The individ -
`
`-ignatureVii
`
`' ATURE of Assignee of Record
`'- e and title is su o lied below is authorized to act on behalf of the assi ;4 ee
`
`Title
`
`[31
`
`SONY EXHIBIT 1003- Page 439
`
`ReexamFH_000439
`
`

`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of this Power of Attorney and Statement
`
`Under 37 CFR 3.73 (B) is being served via First Class Mail on O'3[A13/O9,i_1_pont_hey’
`
`following:
`
`Edwin H. Taylor
`Blakely, Sokoloff, Taylor & Zafman, LLP
`1279 Oakmead Parkway
`Sunnyvale, California 94085
`
`J
`
`Daniel L. Jackson
`
`ReexamFH_000440
`
`SONY EXHIBIT 1003- Page 440
`
`ReexamFH_000440
`
`

`
`Attorney's Docket No.: R001 E
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In Re Ex Parte Reexamination of:
`
`US. Patent N0. 5,108,704
`
`Examiner: Kosowski, Alexander J
`
`Issued: August 22, 2000
`
`Art unit;
`
`3992
`
`Application N0- 90/010,416
`
`Confirmation No. 1061
`
`Filed: February 17, 2009
`
`For: Point-to-Point Internet Protocol
`
`Requester: Skype, Inc.
`
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Appraisal of Litigation Proceedings
`Pursuant to MPEP
`2207 2282 and 2286
`
`Dear Sir:
`
`Pursuant to MPEP §§ 2207, 2282, and 2286, the Requestor hereby
`
`submits copies of a Court order setting forth a hearing date of July 1, 2009
`
`for oral arguments on the Motion to Stay in the pending litigation (Case
`
`2:06-cv-02469-KSH-PS NET2PHONE, INC. v. EBAY, INC. et al).
`
`Respectfully submitted,
`
`/Thomas C. Webster/
`Thomas C. Webster
`
`Registration No. 46,154
`
`Dated: 6-8-09
`
`BLAKELY, SOKOLOFF, TAYLOR & ZAFMAN
`1279 Oakmead Parkway
`Sunnyvale, California 94085-4040
`Telephone: 408/720-8300
`Facsimile: 408/720-8383
`
`Attorney Docket No.: R001 E
`
`Appl. No.: 90/010,416
`
`Date: 06/08/2009
`
`ReexamFH_000441
`
`SONY EXHIBIT 1003- Page 441
`
`ReexamFH_000441
`
`

`
`From:
`
`njdefi|ing@njd.uscourts.gov
`
`Sent:
`
`Tuesday, April 28, 2009 2:46 PM
`
`To:
`
`ecfhe|p@njd.uscourts.gov
`
`Subject: Activity in Case 2:06-cv-02469-KSH-PS NET2PHONE, INC. v. EBAY, INC. et al Order
`
`s\;§::§EE iikeegsssse the i‘§‘a;‘-mg i
`
`*
`
`"
`0
`
`,,
`
`.
`
`~'~.
`
`***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys
`of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents
`filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other
`users. To avoid later charges, download a copy of each document during this first viewing. However, if the
`referenced document is a transcript, the free copy and 30 page limit do not apply.
`
`U.S. District Court
`
`District of New Jersey [LIVE]
`
`Notice of Electronic Filing
`
`The following transaction Was entered on 4/28/2009 at 5:45 PM EDT and filed on 4/28/2009
`Case Name:
`NETZPHONE, INC. V. EBAY, INC. et al
`Case Number:
`3:i){.~'.~cv--24€fs9
`
`Filer:
`
`Document Number: No document attached
`
`Docket Text:
`
`"EXT GREEK: Geeneei ere edvieed that the previeeeiy eehedeieei 511309 oral argument en the
`eersding reetien ‘ate etey fie reeeheddied in ?i’iiG§ at 132% am. entered by Judge Katharine 3.
`Hayden en 4/28/69. (re, 3
`
`2:06-cv-2469 Notice has been electronically mailed to:
`
`ALAN J. HEINRICH AHeinrich@Ire11.com
`
`ALAN M FISCH AFisch@kayescholer.com
`
`ALLEN I. RUBENSTEIN arubenstein@grr.com
`
`ANDREI IANCU aiancu@irell.com
`
`BENJAMIN WANG bwang@irell.com
`
`COKE MORGAN STEWART
`
`CStewart@kayescholer.com
`
`GEORGE C. JONES
`
`gjoncs@GrahamCurtin.com, jcostinc@GrahamCurtin.com
`
`GILLIAN T. DIFILIPPO gdifilippo@l<ayescholer.corn
`
`ReexamFH_000442
`
`SONY EXHIBIT 1003- Page 442
`
`ReexamFH_000442
`
`

`
`JOSEPH M. DRAYT ON j drayton@kaycscholcr.com
`
`JOSEPH P. LASALA jlasa1a@mdmc—law.com, sgrisez@mdmc—law.c0m
`
`KATHLEEN M. FENNELLY kfenne11y@grahamcu1‘Lin.com, 11ett@grahamcurtin.c0m
`
`KEVIN JAKEL
`
`kjake1@kayescholer.corn
`
`MARIA A. SAVIO msaVio@grr.com
`
`MARKO KUO mkuo@ire11.com
`
`MORGAN CHU mchu@ire1l.c0m
`
`PERRY GOLDBERG pgo1dberg@ire11.com
`
`STEVEN STERN sstern@grr.com
`
`STEVEN STERN sstern@grr.com
`
`THOMAS R. CURTIN tcurtin@grahamcurtin.com, l1ctt@grahamcurtin.com
`
`VANDANA KOELSCH Vl<oelsch@l<ayescholer.com
`
`VICTOR KUBLISH kub1i@grays0n1aW.net
`
`WILLIAM F. O'CONNOR , JR woconnor@mdmc-1aw.com, wfo73@yahoo.com
`
`2:06-cv-2469 Notice will not be electronically mailed t0::
`
`ReexamFH_000443
`
`SONY EXHIBIT 1003- Page 443
`
`ReexamFH_000443
`
`

`
`Request for Ex Parte Reexamination
`U.S. Patent No 6,108,704
`
`CERTIFICATE OF SERVICE FOR CONTROL NO: 90/010,416
`
`The undersigned certifies that copies of the following:
`
`(1) Appraisal of Litigation Proceedings; and
`
`(2) Court Order setting forth a hearing date.
`
`were served on
`
`Michael R. Casey, Ph.D.
`Davidson Berquist Jackson & Gowdey, LLP
`4300 Wilson Blvd. — 7th Floor
`
`Arlington, VA 22203
`
`/Thomas C. Webster/
`Thomas C. Webster
`
`Reg. No. 46,154
`
`Dated: /06—08—2009/
`
`the attorney of record for the assignee of USP 6,108,704in accordance with 37 CFR §
`1.915(b)(6), on the § day of June, 2009.
`
`ReexamFH_000444
`
`SONY EXHIBIT 1003- Page 444
`
`ReexamFH_000444
`
`

`
`Electronic Acknowledgement Receipt
`
`International Application Number:
`
`Title of Invention:
`
`Point-to-Point Internet Protocol
`
`First Named Inventor/Applicant Name:
`
`Application Type:
`
`Reexam (Third Party)
`
`Payment information:
`
`File Listing:
`
`Document
`
`Number
`
`Document Descnptlon Message Digest
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Part /.zip (ifappl.)
`
`Pages
`
`Reexam Miscellaneous Incoming Letter
`
`R001E_Apprisa|_6_8_09.pdf
`
`(d7550ab9f67a77bf03661192fdD9734 8/Id
`20d8
`
`'"‘°"“a“°"‘
`
`ReexamFH 000445
`
`SONY EXHIBIT 1003- Page 445
`
`ReexamFH_000445
`
`

`
`Reexam Miscellaneous Incoming Letter
`
`4_8_09_Order_6_8_09.pdf
`
`39418
`
`d5cle53e0fac111dB17declc057816591a1ad
`C1090
`
`Reexam Certificate of Service
`
`3801 G1 84_CertOfService.pdf
`
`fi4arr0f893§hfd7a1000n=Of0§a17a0tlff4fi0§
`cf5
`
`Warnings:
`
`Information:
`
`o
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C.111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage ofan international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`ReexamFH_000446
`
`SONY EXHIBIT 1003- Page 446
`
`ReexamFH_000446
`
`

`
`PCT
`
`International Bureau
`WORLD lNTELLEC’I'UAL PROPERTY ORGANIZATION
`
`INTERNATIONAL APPLICATION PUBLISHED UNDER THE PATENT COOPERATION TREATY (PCT)
`
`(51) Internntionnl Pntent Cinssiiication 5 =
`
`(11) International Publication Number:
`
`WO 92/19054
`
`H04J 3/14, 3/24, H041» 12/55
`
`(43) International Publication pm:
`
`29 October 1992 (2910.92)
`
`(21) lntemational Application Number:
`
`PCT/US92/02995
`
`(22) International Filing Date:
`
`10 April 1992 (1004.92)
`
`(74) Agent: PRAHL, Eric, L; Fish & Richardson, 225 Franklin
`Street, Boston, MA 02110-2804 (US).
`
`(30) Priority data:
`684,695
`
`12 April 1991 02.04.91)
`
`US
`
`INC.
`(71) Applicant: CONCORD COMMUNICATIONS,
`[US/US]; 753 Forest Street, Marlboro, MA 01752 (US).
`
`; 21 Joseph Road, Nor-
`(72) Inventors: FERDINAND, Engel
`thborough, MA 01532 (US). JONES, Kendall, S.
`; 90
`Boulder Road, Newton Center, MA 02159 (US). RO-
`BERTSON, Kary ; 398 North Road, Bedford, MA 01739
`(US). THOMPSON, David, M. ; 5127 243rd Road, Red-
`mond, WA 98053 (US). WHITE, Gerard ;
`I33 Massa-
`poag Road, Tyngsborough, MA 01879 (US).
`
`(81) Designated States: AT (European patent), BE (European
`patent), CA, CH (European patent), DE (European pa-
`tent), DK (European patent), ES (European patent), FR
`(European patent), GB (European patent), GR (Euro-
`pean patent), IT (European patent), JP, LU (European
`patent), MC (European patent), NL (European patent),
`SE (European patent).
`
`Published
`Mt}: international search report.
`
`(54) Title: NETWORK MONITORING
`
`2
`2
`2
`1014
`H mum
`5 Z“
`2
`2
`2
`4
`
`‘
`2
`2
`10
`2“
`Iarannmra
`
`mm 1°
`2
`2
`2
`4
`
`.1410-
`
`2
`2
`2
`. Ia@
`mum ‘H
`4
`2
`2
`~
`2
`4
`”
`
`2
`
`to
`
`2
`
`2
`
`ralam
`
`In
`2
`2
`
`2
`
`618
`
`(57) Abstract
`
`Monitoring is done of communications which occur in a network of nodes (2), each communication being effected by a
`transmission of one or more packets among two or more communicating nodes (2), each communication complying with a prede-
`fined communication protocol selected from among protocols available in the network. The contents of packets are detected pus-
`sively and in real time, communication information (130, I52, I78) associated with multiple protocols is derived from the packet
`COIIICIIIS.
`
`R°°§?<‘9FEI-n\i§iii)‘i)‘E784oo2
`
`SONY EXHIBIT 1003- Page 447
`
`ReexamFH_000447
`
`

`
`FOR THE PURPOSES OF INFORMATION ONLY
`
`Codes used to identify Slates party In the PCI‘ on the front pages nf pamphlets publishing international
`applications under the PCI‘.
`
`AT
`AU
`BB
`BB
`BF‘
`BC
`BJ
`BR
`CA
`CI’-‘
`CC
`CH
`CI
`CM
`CS
`DE
`
`Austria
`Ausllaliu
`Barbattlm
`Belgium
`Burluna Pam
`Bulgaria
`I.h:Ixin
`Hnuil
`('uIhnJu
`('cnlral African Ruflulxrli;
`(‘Hugo
`swim.-ri'.m..I
`tféic wlsuirc
`(';um:rumI
`(‘1u.I|m|uv.ILi;|
`(it:rIn;uIy
`llcnrntirl
`
`V
`
`s'pui.t
`lrinlaud
`I-raucu
`Gabon
`Unilul Kingtlnrtt
`(iuiuw
`GICCLI:
`Hungary
`Italy
`Japan
`llcnmcralic Fr.-npIt:‘s Rupuhliv:
`of Rama
`Republic of Korea
`I iuchlt:n:n:iu
`Sri Lmla
`I uxcmhuurg
`Monzn.-o
`
`'
`.
`
`'
`
`.
`
`Madagascar
`Milli
`Mongolia
`Mauritania
`Malawi
`Netherlands
`Norway
`Poland
`Rmuamia
`Rumian Federation
`Sudan
`Swcdutt
`scncgal
`Soviet Union
`(‘had
`Togo
`Unilcd Slaw: [If America
`
`Rtet2xast5s5f%%%?t 03
`
`SONY EXHIBIT 1003- Page 448
`
`ReexamFH_000448
`
`

`
`W0 92/ I 9054
`
`.
`
`PC!‘I US92/02995
`
`_ 1 _
`
`NETWORK MONITORING
`
`Background of the Invention
`The invention relates to monitoring and managing
`communication networks for computers.
`
`Todays computer networks are large complex systems
`
`with many components from a large variety of vendors.
`
`These networks often span large geographic areas ranging
`
`from a campus-like setting to world wide networks. While
`
`the network itself can be used by many different types of
`
`organizations,
`
`the purpose of these networks is to move
`
`information between computers. Typical applications are
`
`electronic mail,
`
`transaction processing, remote database,
`
`query, and simple file transfer. Usually,
`
`the
`
`organization that has installed and is running the
`
`network needs the network to be running properly in order
`
`to operate its business. Since these networks are
`
`complex systems,
`
`there are various controls provided by
`
`the different equipment to control and manage the
`
`network. Network management is the task of planning,
`
`engineering, securing and operating a network.
`
`To manage the network properly,
`
`the Network
`
`A Manager has some obvious needs. First,
`
`the Network
`
`Manager must trouble shoot problems. As the errors
`
`develop in a running network, the Network Manager must
`
`have some tools that notify him of the errors and allow
`
`him to diagnose and repair these errors.
`
`Second,
`
`the
`
`Network Manager needs to configure the network in such a
`
`manner that the network loading characteristics provide
`
`the best service possible for the network users.
`
`To do
`
`this the Network Manager must have tools that allow him
`
`visibility into access patterns, bottlenecks and general
`
`loading. with such data,
`
`the Network Manager can
`
`reconfigure the network components for better service.
`
`There are many different components that need to
`
`be managed in the network. These elements can be, but
`
`Re xamFH 000449
`eSKYPE-N2POO284004
`
`SONY EXHIBIT 1003- Page 449
`
`ReexamFH_000449
`
`

`
`wo 9;/19054
`
`PCI'_lUS92/02995
`
`_2-
`
`are not limited to: routers, bridges, PC's, workstations,
`
`minicomputers, supercomputers, printers, file servers,
`
`switches and pbx's.
`Each component provides a protocol
`for reading and writing the management variables in the
`
`machine. These variables are usually defined by the
`
`component vendor and are usually referred to as a
`
`Management Information Base (HIE). There are some
`
`standard HIB's, such as the IETF (Internet Engineering
`
`Task Force) MIB I and MIB II standard definitions.
`
`Through the reading and writing of MIB variables,
`
`software in other computers can manage or control the
`
`component. The software in the component that provides
`
`remote access to the MIB variables is usually called an
`
`agent. Thus, an individual charged with the
`
`responsibility of managing a large network often will use
`
`various tools to manipulate the MIB's of various agents
`on the network.
`
`Unfortunately,
`
`the standards for accessing MIBS
`
`are not yet uniformly provided nor are the MIB
`
`definitions complete enough to manage an entire network.
`
`The Network Manager must therefore use several different
`
`types of computers to access the agents in the network.
`
`This poses a problem, since the errors occurring on the
`
`network will tend to show up in different computers and
`
`the Network Manager must therefore monitor several
`
`different screens to determine if the network is running
`
`properly.
`
`Even when the Network Manager is able to
`
`accomplish this task, the tools available are not
`
`sufficient for the Network Manager to function properly.
`
`Furthermore, there are many errors and loadings on
`
`the network that are not reported by agents.
`
`Flow
`
`control problems, retransmissions, on—off segment
`
`loading, network capacities and utilizations are some of
`
`the types of data that are not provided by the agents.
`
`l§‘1W}’EFI~Ifi19(5(59§§18o5
`
`SONY EXHIBIT 1003- Page 450
`
`ReexamFH_000450
`
`

`
`wo 92/19054
`
`Pcr/U592/02995
`
`_ 3 -
`
`Simple needs like charging each user for actual network
`
`usage are impossible.
`
`Summary of the lnvention
`In general,
`in one aspect,
`the invention features
`
`monitoring communications which occur in a network of
`
`nodes, each communication being effected by a
`
`transmission of one or more packets among two or more
`
`communicating nodes, each communication complying with a
`
`predefined communication.protocol selected from among
`
`protocols available in the network.
`
`The contents of
`
`packets are detected passively and in real time,
`
`communication information associated with multiple
`
`protocols is derived from the packet contents.
`
`Preferred embodiments of the invention include the
`following features.
`The communication information
`
`derived from the packet contents is associated with
`
`multiple layers of at least one of the protocols.
`
`In general,
`
`in another aspect, the invention
`
`features monitoring communication dialogs which occur in
`
`a network of nodes, each dial