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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`GOOGLE INC., and MOTOROLA MOBILITY LLC,
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`Petitioners,
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`v.
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`Arendi S.A.R.L.,
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`Patent Owner.
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`____________
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`Case No. IPR2014-00452
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`Patent No. 6,323,853
`____________
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`DECLARATION OF JOHN V. LEVY, Ph.D.
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`Arendi S.A.R.L. - Ex. 2008
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`I, John V. Levy, make this declaration in connection with the proceeding
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`identified above.
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`Qualifications
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`1.
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`I am the sole proprietor of John Levy Consulting, a consulting firm
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`that specializes in consulting on managing development of high tech products,
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`including computers and software. I have a Bachelor of Engineering Physics
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`degree from Cornell University, a Master of Science degree in Electrical
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`Engineering from California Institute of Technology, and a Ph.D. in Computer
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`Science from Stanford University.
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`2.
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`From 1965 to 1966 at Caltech, my field of study was information
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`processing systems. My coursework included systems programming, including the
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`construction of compilers and assemblers. From 1966 to 1972, during my graduate
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`study at Stanford, my field of study was computer architecture and operating
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`systems. My coursework included computer systems design, programming and
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`operating systems. During my employment at Stanford Linear Accelerator Center
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`while I was a graduate student at Stanford University, I was a programmer and I
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`participated in the design and implementation of a real-time operating system for
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`use in data acquisition, storage and display. My Ph.D. thesis research related to
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`computer systems organization and programming of multi-processor computers. I
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`developed and measured the performance of several parallel programs on a
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`simulated 16-processor system. I also studied file systems, disk and tape storage
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`subsystems, and input/output.
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`3.
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`I have been an employee and a consultant for over thirty years in the
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`computer systems, software and storage industry. After earning my doctorate from
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`Stanford University in Computer Science, I worked as an engineer at a number of
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`leading companies in the computer industry, including Digital Equipment
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`Corporation, Tandem Computer, Inc., Apple Computer, Inc., and Quantum
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`Corporation.
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`4.
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`From 1972 to 1974 at Digital Equipment Corporation I supervised the
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`development of an input/output channel for high-speed mass storage (disk, drum
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`and tape), and its implementation for 7 different peripheral units and 3 different
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`computer systems. From 1974 to 1975 I was project engineer leading the
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`development of a new computer system. From 1975 to 1976, I supervised an
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`operating system development group. During this time, I reviewed design changes
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`and bug reports and fixes for two operating systems. While working for Digital
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`Equipment Corporation, I wrote a long-term strategic plan for input/output buses
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`andcontrollersandoperatingsystems,includingtheconversionofmostI/Obuses
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`to serial implementations. I am the author of a chapter on computer bus design in
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`the book Computer Engineering, published in 1978 by Digital Press.
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`5.
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`From 1977 to 1979 I was employed at Tandem Computer, Inc., where
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`I worked on design of future multiprocessor systems. I also worked on problems
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`related to distributed (networked) systems including rollback and recovery of
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`distributed databases.
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`6.
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`From 1979 to 1982 I was employed at Apple Computer, Inc., where I
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`worked on the design of a new computer system, the Lisa, which was a precursor
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`to the Macintosh. I also supervised hardware and software engineers in the
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`development of a new local area network.
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`7.
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`In 1980-81 I taught an upper-division course at San Francisco State
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`University titled (cid:210)Input/Output Architecture(cid:211) which dealt with design of I/O
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`channels, controllers, storage devices and their associated software.
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`8.
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`From 1982 to 1992 I consulted for a variety of client companies,
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`including Apple Computer, Quantum Corporation and Ricoh Co., Ltd., on project
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`management and product development. Consulting work for Quantum included
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`working as a temporary supervisor of a firmware development team for a new hard
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`disk drive. During this time I co-authored a paper, cited in my CV attached as
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`ExhibitA,onthedesignofafilesystemforwrite-onceopticaldiskdrives,related
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`to work I did for client Ricoh.
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`9.
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`From 1993 to 1998 I was employed at Quantum Corporation, a
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`manufacturer of hard disk drives, where I formed and managed a new group called
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`Systems Engineering. While in this role I managed, among others, software and
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`systems engineers who developed hard disk input/output drivers for personal
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`computers and disk drive performance analysis and simulation software. While at
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`Quantum, I also led the definition and implementation of high-speed improvements
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`of the ATA disk interface standard, called Ultra-ATA/33 and /66, which also led to
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`improvements in the SCSI interface standard. I was also involved in the design of
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`file systems for hard disks, data compression schemes for disk data, and Ethernet-
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`connected disk drives. I was Quantum(cid:213)s representative to the Audio/Video
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`Working Group of the 1394 (FireWire) Trade Association, a Consumer Electronics
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`industry standards group, and participated in Quantum(cid:213)s work in designing disks
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`that could record and play back video and audio streams without needing an
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`intervening computer system.
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`10.My qualifications for forming the opinions set forth in this report are
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`listed in this section and in Exhibit A attached, which is my curriculum vitae.
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`Exhibit A also includes a list of my publications.
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`11.I am a named inventor on seven United States patents, including
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`severalrelatedtoinput/outputbusesandstoragesubsystems.Ihavebeen disclosed
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`as an expert in over 50 cases and have testified at trial and in depositions. A list of
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`my testimony is attached hereto as Exhibit B. I also have served as a technical
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`advisor to two United States District Court Judges.
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`12.I regularly teach courses such as (cid:210)Computers — the Inside Story(cid:211) and
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`(cid:210)The Digital Revolution in the Home(cid:211) at the Fromm Institute for Lifelong
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`Learning at the University of San Francisco.
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`Compensation
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`13.I base my opinions below on my professional training and experience
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`and my review of documents and materials produced in this litigation. My
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`compensation for this assignment is $625 per hour. My compensation is not
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`dependent on the substance of my opinions or my testimony or the outcome of the
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`above-captioned case.
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`Information Considered in Forming Opinion
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`14.I have read United States Patent No. US5923848 to Goodhand
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`((cid:210)Goodhand(cid:211)), Exhibit 1003. I have relied on my own knowledge and experience
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`as well as published documents in forming my opinions. In arriving at my
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`opinions, I have reviewed Goodhand, the Petition in this proceeding, and the (cid:212)853
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`patent (Exhibit 1001).
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`15.For purposes of this declaration, in my opinion, a person of ordinary
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`skill in the art pertaining to the (cid:213)853 Patent corresponds to one in 1998 who had at
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`least a Bachelor(cid:213)s degree in Computer Science or Electrical Engineering or related
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`Arendi S.A.R.L. - Ex. 2008
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`discipline and approximately two years of experience designing user applications
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`or software modules.
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`United States Patent 5,923,848 to Goodhand
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`16.Goodhand, Ex. 1003, describes methods and systems for resolving
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`(cid:210)display names(cid:211) in an address field of an email template by processing the contents
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`of that address field in the background. (cid:210)Resolving(cid:211) means determining a proper
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`email address for the intended recipient by finding the display name among
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`registered users of the system. A (cid:210)display name(cid:211) is a name that has been
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`associated with a user in the registry (where registered users are recorded).
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`17.An email template is a well-known form for composing an email
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`message. For example, Microsoft Outlook, an email viewing and composing
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`application program, presents a blank email template to the user whenever the user
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`selects (cid:210)New email(cid:211) or the equivalent command in a menu. Each field in the
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`template is used for a specific type of information. In particular, the Address or
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`(cid:210)To:(cid:211) field is used to designate intended recipients of the email being composed.
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`18.Fig. 8 of Goodhand illustrates the preferred method for resolving
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`email addresses in a new email in the Goodhand system, from the user point of
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`view. Flowchart 800 starts at the START 805 circle and proceeds to the (cid:210)Create
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`New(cid:211) 810 step. At 815, (cid:210)Enter Recipients(cid:213) Addresses,(cid:211) the user enters text
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`Arendi S.A.R.L. - Ex. 2008
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`(display names) into the Address field. (cid:210)[T]he display names may include all or
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`part of the recipient(cid:213)s first name, last name, or email alias.(cid:211) Ex, 1003, col. 18,
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`lines 61-62. Then (cid:210)the user moves the cursor out of the address field and
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`continues to compose the remainder of the message.(cid:211) (Compose 820 in Fig. 8)
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`(See also Ex. 1003, col. 18, lines 57-65.) Later, the user returns to Review
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`Resolved Addresses 825 and, if necessary, correct the addresses (845) before
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`sending the message (835). The inventive step of Goodhand is to have the
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`computer resolve the names in the background, i.e., while the user is performing
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`other actions, such as composing the body of the message. Ex. 1003, col. 16, lines
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`62-67. The (cid:210)process of matching the display name(s) to an e-mail address or alias
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`is referred to as (cid:212)resolving(cid:213) the names.(cid:211) Id., col. 16, lines 51-53.
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`
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`The (cid:213)853 Patent
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`19.The (cid:213)853 Patent is addressed to a method and system for retrieving
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`address (cid:210)first information(cid:211) from a document created by an application program
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`and completing the information by using a record retrieval program to look, in an
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`information source, related information, such as mailing address, email address,
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`telephone number or other information related to the company or person identified
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`by the first information. The action taken by the method or system is not
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`conditioned on any action of the user other than an initial activation by a single
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`Arendi S.A.R.L. - Ex. 2008
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`selection in a menu or other (cid:210)button.(cid:211) Retrieval of second information associated
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`with the first information proceeds without user intervention and, in appropriate
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`cases where there is just one associated person or company, the second
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`information is inserted into the document.
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`20.Claim 1 of the (cid:212)853 Patent reads in part
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`upon a single entry of the execute command by means of the
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`input device:
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`analyzing the document to determine if the first information is
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`contained therein, and
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`if the first information is contained in the document, searching,
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`using the record retrieval program, the information source for second
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`information associated with the first information;
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` (Ex. 1001, col. 10, lines. 36-43.) Analyzing the document(cid:211) requires
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`examining text in the document and discriminating between text that
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`represents (cid:210)first information(cid:211) and other text. No limitation is placed on the
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`structure or content of text in the document to be analyzed. The program
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`performing the analysis of the text must decide whether any portion of the
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`text comprises (cid:210)first information(cid:211) such as a name, and address or other type
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`of information. This is what is meant by (cid:210)Analyze what the user has typed
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`in the Document(cid:211) at step 4 of Fig. 1a. The next step (6) asks (cid:210)What data did
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`Arendi S.A.R.L. - Ex. 2008
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`we find?(cid:211) and the flow of the program then branches to one of four different
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`following steps depending on the result of the analysis. Possible results of
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`the analysis step are finding a (cid:210)name only,(cid:211) (to step 12) an (cid:210)email address,
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`mailing list, category name, tel. no. or other(cid:211) (to step 10), (cid:210)name and
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`address(cid:211) (to step 14 in Fig. 1b), or (cid:210)nothing or not interpretable(cid:211) (to step 8).
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`(Figs. 1a and 1b are parts of Fig. 1.)
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`21.The logical flow in Figs. 2a and 2b (which are parts of Fig. 2)
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`of the (cid:213)853 Patent is similar the logical flow in Figs. 1a and 1b and also
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`includes the corresponding recited steps 2, 4, 6, 8, 12, and 14. Ex. 1, col. 5,
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`lines 8-10 and following.
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`22.The (cid:213)853 Patent teaches examination of text in the document using
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`techniques such as (cid:210)analyzing (i) paragraph/line separations/formatting, etc.; (ii)
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`street, avenue, drive, lane, boulevard, city, state, zip code, country designators and
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`abbreviations, etc.; (iii) Mr., Mrs., Sir, Madam, Jr., Sr. designators and
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`abbreviations, etc.; (iv) Inc., Ltd., P.C., L.L.C, designators and abbreviations, etc.;
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`and (v) a database of common male/female names, etc.(cid:211) Ex. 1001, col. 4, lines
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`31-37.
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`23.Thus is it clear to a person of skill in the art in reading the (cid:213)853 Patent
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`that the program performing the analysis is examining text in the document and
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`distinguishing (cid:210)first information(cid:211) (exemplified by contact information) from
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`Arendi S.A.R.L. - Ex. 2008
`Page 10 of 16
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`other text in the document and also to distinguish among types of contact
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`information.
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`24.As quoted above, the analyzing process is required by claim 1 to be
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`launched (cid:210)upon a single entry of the execute command by means of the input
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`device(cid:211). The claim therefore makes the process of (cid:210)analyzing(cid:211) conditioned (cid:210)upon
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`a single entry of the execute command by means of the input device(cid:211) (emphasis
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`added). A person of ordinary skill in the art would understand that this limitation
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`requires the analyzing process to occur as a result of and proximate in time to
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`entry of the execute command.
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`25.Additionally, the analyzing process required by claim 1 is launched
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`(cid:210)upon a single entry(cid:211) of the execute command. A person of ordinary skill in the
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`art would understand this limitation to require that a single entry of the execute
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`command is sufficient to trigger analyzing to occur, and that it occurs
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`automatically after the execute command. Since the single entry of the execute
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`command is sufficient to trigger the analyzing, these limitations rule out action by
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`the user, such as selection of text in the document to be analyzed, as a condition
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`fortheanalyzing to takeplace.
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`Goodhand in contrast to the (cid:213)853 Patent
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`26.In Goodhand, by contrast, a user enters address information into an
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`Address (or (cid:210)To:(cid:211)) field before the (cid:210)resolving(cid:211) process begins. The user then
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`Arendi S.A.R.L. - Ex. 2008
`Page 11 of 16
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`signals that he has finished entering address information by (cid:210)moving the cursor to
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`another field.(cid:211) The system of Goodhand assumes that all text entered into the
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`Address field of the email template is address information (i.e., first name, last
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`name, or alias) and not any other type of information. Thus, Goodhand does not
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`disclose or teach (cid:210)analyzing (cid:201) to determine if first information (i.e. address
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`information) is in the document,(cid:211) because no analysis is needed to determine that
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`text in the address field is a name or an alias, since the Address field is used for
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`nothing else. The user must conform to this presumption or risk having text
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`entered in the Address field misinterpreted or ignored.
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`27.The requirement that (cid:210)[t]he entered display name may include all or
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`part of the intended recipient’s first name, last name, and/or e-mail alias(cid:211) in the
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`context of the Goodhand system conveys to a person of ordinary skill in the art
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`that the Goodhand system does not distinguish between contact information and
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`other text, but rather assumes that all text entered into the address field of the e-
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`mail template is contact information. In other words, any and all text that is typed
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`into the address field of the e-mail template is subjected by the Goodhand system
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`to thesame process,namely (cid:210)attempting tomatch the displaynamesintheaddress
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`field to specific user aliases that are included in a centralized address book or
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`directory(cid:211).
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`Arendi S.A.R.L. - Ex. 2008
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`28.I have performed a simple experiment to illustrate this point. Since the
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`Goodhand system in a preferred embodiment is implemented in Microsoft
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`Outlook (Ex. 1003, col. 15, lines 38-40), and this functionality is preserved in
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`Outlook 2010, one can employ Outlook 2010 to demonstrate the effect of the
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`Goodhand system. In this experiment, I enter into the address field of the e-mail
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`template of Outlook, a shopping list thus:
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`cheesecake; apple sauce; baloney
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`In response to entry of these items, Outlook attempts to (cid:210)resolve(cid:211) these entries by
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`seeking corresponding entries in the Outlook contact database. Because these
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`textual items do not in fact appear as names of contacts in the Outlook contact
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`database, they have not been resolved into e-mail addresses. When one
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`graphically invokes the (cid:210)send(cid:211) button on the e-mail template, a window
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`containing an error message pops up, with the heading (cid:210) Check Names(cid:211) and the
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`message (cid:210)Microsoft Outlook does not recognize (cid:212)cheesecake(cid:213)./ Select the address
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`to use: / (No suggestions).(cid:211) Two graphically selectable boxes also appear in the
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`same window: (cid:210)Show more names...(cid:211) and (cid:210)New Contact..." The result is
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`illustratedbelow.
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`Arendi S.A.R.L. - Ex. 2008
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`29.This experiment is further confirmation that user entry of text into the
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`address field constitutes characterization of the text as name or alias information,
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`without analysis by the program. Thus, no analysis is required to (cid:210)determine if
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`(cid:212)first information(cid:213) is present(cid:211) in this field. By entering text into the Address field,
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`the user has designated that text as address information, just as if the user had
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`selected particular text in a general-purpose field of a document to designate it as
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`address information. The user (cid:210)selects(cid:211) text by choosing to enter it into the
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`Address field rather than by entering it in any other field of the email form. All
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`textual entries that are made in the address field of the e-mail template are treated
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`Arendi S.A.R.L. - Ex. 2008
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`by the system as contact information. Thus, the Goodhand system is not structured
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`to distinguish between contact information and other textual content. It has no
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`need to distinguish contact information from other text, and thus fails to meet the
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`requirement in claim 1 of (cid:210)analyzing the document to determine if the first
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`information is contained therein(cid:211).
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`Arendi S.A.R.L. - Ex. 2008
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`I declare that all statements made herein of my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and that
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`these statements were made with knowledge that willful false statements and the
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`like so made are punishable by fine or imprisonment, or both, under section 1001
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`of Title 18 of the United States Code.
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`Date: October 21, 2014
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`
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`_______________________
`John V. Levy, Ph.D.
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