`Exhibit 1002
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`Exhibit 1002
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re U.S. Patent No. 7,188,145
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`Currently in Litigation Styled: Parallel
`Networks, LLC v. Reloaded Games, Inc., Case
`No. 1:13-cv-00827 (D.Del.)
`
`Issued: March 6, 2007
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`Filed: January 12, 2001
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`
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`PETITION
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`FOR
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`INTER
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`PARTES REVIEW PURSUANT
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`TO 37 C.F.R. § 42.100 ET
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`SEQ.
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`Applicants: Keith A. Lowery, et a1.
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`Title: Method and System for Dynamic
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`Distributed Data Caching
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`
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`Mail Stop Inter Pm‘tes Review
`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`DECLARATION OF DR. PETER B. DANZIG
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`I, Peter B. Danzig, hereby declare the following:
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`BACKGROUND AND EDUCATION
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`1.
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`I am an adjunct professor of Computer Engineering at the University
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`of California Santa Cruz (“UCSC”).
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`I am an expert in the fields of distributed
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`caching, resource discovery, and computer networks generally.
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`I have a 13.8. in
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`Applied Physics from the University of California Davis (1982) and a Ph.D. in
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`Computer Science from the University of California Berkeley (1989). Although I
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`discuss my expert qualifications in more detail below, I also attach as [Exhibit
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`Petitioner Ex. 1002 Page 1
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`1003] a recent and complete curriculum vitae, which details my educational and
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`professional background and includes a Google Scholar search that lists many of
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`my publications.
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`2.
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`I have been an adjunct professor at UCSC since 2010.
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`In the years
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`from 2001 to 2005 and 2009 to 2010 I taught and lectured at Stanford University in
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`courses relating to computer networks and distributed systems. From 1996 to 1999
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`I was an associate professor of the Computer Science Department at the University
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`of Southern California (“USC”). The years preceding that, beginning 1990, I was
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`an assistant professor of Computer Science at USC.
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`I have taught courses to
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`undergraduates, master’s students, and Ph.D. students on a variety of topics related
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`to computer networks and distributed systems.
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`3.
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`While at USC, I performed extensive research on Internet “object
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`caches,” including the commonly known “Harvest Web Cache” (later known as
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`“Squid”), which was developed under my guidance. Internet object caches such as
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`the Harvest Web Cache generally permit methods for storing Internet information
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`in a manner that makes the information more accessible to client browsers,
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`facilitating more speedy access by the public to files located across networks.
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`4.
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`I have over two-dozen conference and journal publications issued
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`from the late 1980s to the late 19903, many of which have substance pertinent to
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`the caching and retrieving content throughout a distributed network of computers.
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`Petitioner Ex. 1002 Page 2
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`Specifically, the publications include information concerning NetCache, Harvest,
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`object
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`caching, distributed information retrieval
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`and
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`resource discovery.
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`Publication of my research and my research software became the reference
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`implementation for the leading Internet web caches, as well as the basis for the
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`most successful commercial cache implementations for the Internet. For example,
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`my work served as the basis for most Content Delivery Networks, Squid, the Cisco
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`cache engine, and Network Appliance’s NetCache. I also have received several
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`awards for my work, including: being named a National Young Investigator (NYI)
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`by the National Science Foundation from 1994 through 1999; the University of
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`Southern California Innovative Teaching Award (awarded to me twice); and the
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`Demetri Angelakos Service Award, presented by the Department of Computer
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`Science at the University of California-Berkeley.
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`5.
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`In addition to my academic work,
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`I have extensive industry
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`experience related to Internet caching technology.
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`In 1996, I founded Internet
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`Middleware Corporation to build the first industry grade web cache.
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`Internet
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`Middleware Corporation was acquired by Network Appliance in 1997.
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`I served as
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`chief architect and CTO of Network Appliance’s NetCache division.
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`In 1999, I
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`left Network Appliance and built the west coast engineering office of Akamai
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`Technologies, Inc. (“Akamai”).
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`I was the Vice President of Technology for
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`Akamai Technology’s west coast team, where I directed engineering and business
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`Petitioner Ex. 1002 Page 3
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`development. Network Appliance and Akamai were, and remain,
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`two of the
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`leading Internet web caching companies.
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`I also was the joint editor in 2002 of the
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`IEEE Journal on Selected Areas in Communications (J SAC), which was dedicated
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`to discussion of proxy caches.
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`6.
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`As a result of my experience, I have been on a number of technical
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`advisory boards for companies that deal with technologies regarding: content
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`distribution; data flow and delivery of network resources; and cloud storage
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`systems, to name a few. I have also offered significant applicable consulting work.
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`Currently, I am the Chief Strategy Officer at Virtuata, Inc. and have been such,
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`since I founded the company in 2010. Virtuata, Inc. provides capabilities for
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`securing information in data centers and cloud environments. Cisco acquired
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`Virtuata in July of 2012 for enhanced security in virtual machines and cloud
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`infi'astructures.
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`7.
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`In sum, I have over 25 years of experience in the computer science
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`industry as a professor, entrepreneur and consultant. During this time, I have
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`worked extensively with Internet object caches,
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`resource discovery, content
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`distribution, and computer networks.
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`I have had a hand in the foundations of
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`multiple content delivery networks as well as providing means for the applications
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`of notewmthy Internet caches.
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`Petitioner Ex. 1002 Page 4
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`8.
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`I am submitting this declaration to offer my independent expert
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`opinion concerning certain issues raised in the petition for inter partes review
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`(“Petition”). My compensation is not based on the substance of the opinions
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`rendered here. As part of my work in connection with this matter, I have studied
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`US. Patent No. 7,188,145 (the “‘145 patent”), including the respective written
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`descriptions, figures, and claims. In addition, I have reviewed the Petition for Inter
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`Parfes Review of the ‘145 patent.
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`I have also carefully considered the following
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`references:
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`(“Tiwana”), entitled,
`' US. Patent No. 7,069,324 to Tiwana, et al.
`“Methods and Apparatus Slow-Starting a Web Cache System,” filed on
`June 30, 2000 and issued on June 27, 2006 [Exhibit 1004]
`
`‘ US. Provisional Application No. 60/168,862, entitled, “Method and
`Apparatus for Redirecting Network Traffic,” and filed on December 2,
`1999 [Exhibit 1005]
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`° US. Patent No. 6,341,311 to Smith, et al., entitled “Directing Data Object
`Access Requests in a Distributed Cache,” filed on May 29, 1998 and issued
`on January 22, 2002 [Exhibit 1006]
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`° US. Patent No. 6,256,747 to Inohara, et al., entitled, “Method of
`Managing Distributed Servers and Distributed Information Processing
`System Using the Method,” filed on September 24, 1998 and issued on
`July 3, 2001. [Exhibit 1007]
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`OPINION
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`A.
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`9.
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`Level of a Person Having Ordinary Skill in the Art
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`In determining the characteristics of a hypothetical person of ordinary
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`Petitioner Ex. 1002 Page 5
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`several factors, including the type of problems encountered in the art, the solutions
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`to those problems, the rapidity with which innovations are made in the field, the
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`sophistication of the technology, and the education level of active workers in the
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`field.
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`I also placed myself back in the time frame of the claimed invention, and
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`considered the students who I had taught and with whom I had worked at that time.
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`In my view, a person of ordinary skill in the field of data caching in 2001 would
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`have a BS. in computer science or related engineering discipline or equivalent
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`experience and at
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`least
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`two years in networking or equivalent experience or
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`education. The person would also have some knowledge of networking of
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`computers, distributed systems, data caching, and implementation of distributed
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`networks in computer systems. Based on my education, training, and professional
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`experience in the field of the claimed invention, I am familiar with the level and
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`abilities of a person of ordinary skill in the art at the time of the claimed invention.
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`B.
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`Background of Distributed Data Caching
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`10.
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`The filing date of the ‘145 Patent is January 12, 2001. Distributed
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`caching systems that incorporated the concepts described and claimed in the ‘ 145
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`Patent ’were well-known in the art before the priority date of the ‘145 Patent.
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`Starting in the late 19803, and especially early 19903, utilizing caching proxies was
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`an area of increased interest due to the boom in growth of Internet users. See e.g.,
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`Ex. 1010, Mohammad Salimullah Raunak, “A survey of Cooperative Caching,”
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`Petitioner Ex. 1002 Page 6
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`
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`Technical
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`Report
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`(Dec.
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`15,
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`1999),
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`available
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`at:
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`http ://citeseerx.ist.psu.edu/viewdoc/download?doi:i 0. 1.1 .27.7178&rep=repl&typ
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`e=pdf. At this time, data caching was in extensive use in proxy servers across the
`world as a potential solution to combat perceived problems such as increased
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`bandwidth usage and excessive latency in retrieving web pages. 1d. Consequently,
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`the research into and implementation of distributed data caching schemes
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`experienced rapid growth and a number of solutions arose out of that research.
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`11.
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`One thing that became clear was that cooperative caching across a
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`number of proxy servers was the best way to increase the effectiveness of caching
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`and take advantage of its beneficial aspects. Two cooperative caching schemes
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`emerged from this research — distributed and hierarchical.
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`I was at the forefront of
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`the hierarchical caching scheme that utilized caches placed at multiple levels of a
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`network,
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`including in a system known at the time as the HARVEST project.
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`Distributed caching systems placed caches only at the lowest level of a network.
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`There were also schemes that blended parts of the hierarchical and distributed
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`caching systems. Thus, by the late 1990’s, there were literally hundreds of articles
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`written about various caching schemes, some of which were being implemented
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`around the world and some of which remained just ideas.
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`12.
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`The prior art identified in the Petition illustrates that the concepts
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`described and claimed in the ‘145 Patent were nothing new. For instance, Tiwana,
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`Petitioner Ex. 1002 Page 7
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`} l3
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`Smith and Inohara all disclose distributed data-caching schemes utilizing one or
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`more servers. EX. 1004, Tiwana. at Abstract, 5:21—30, 5:63—65Fig. 1; Ex. 1006,
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`Smith at 4:7-10; Fig. 2; Ex. 1007, Inohara at 3:48-50. Smith, Tiwana and Inohara
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`also all describe allowing a server to join a group of servers. Ex. 1006, Smith at
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`18:49-19:19, Fig. 11; EX. 1004, Tiwana. at 6:16-27, Fig. 2; Ex. 1007, Inohara at
`9:16-10:36, Fig. 4. Furthermore, lnohara discloses a user requestng and receiving
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`a table (list) of server groups so as to select a server group to join, generating a
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`request to join the server group and receiving a message allowing entry to the
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`group. Ex. 1007, Inohara at 9:16-10:36, Fig. 4. Upon reading the teachings of
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`Inohara, a person of ordinary skill would have realized that the ability search for
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`and join a cache group would have made the systems of Tiwana and Smith more
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`effective by allowing a server liberty in selecting which group to join.
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`13. At the time of the ‘ 145 Patent, persons having ordinary skill in the art
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`were motivated to find ways to efficiently use bandwidth in View of the increase in
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`network traffic, and combining various features from prior data caching systems,
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`like those discussed above, would have been obvious to such skilled persons.
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`Thus, combining functionalities or ideas from various known systems or proposed
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`systems would not only be obvious, but desirable. Such combinations would have
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`yielded predictable results using known methods in the art. Thus, a computer
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`softwareand/ornetworkingengineerwouidhavebeenledtomodifytheteachings
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`Petitioner Ex. 1002 Page 8
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`of Tiwana and Smith in order to provide the functionality of allowing a server to
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`request a listing of groups and join a specific array through submitting a request to
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`join as taught by Inohara. A computer software and/0r networking engineer would
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`have also been led to modify the teachings of Tiwana and Smith in order to provide
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`similar advances as taught by Inohara.
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`14.
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`Below, I discuss straight—forward combinations of (1) Tiwana and
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`Inohara, and (2) Smith and lnohara, the results being very predictable, and the
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`combinations not requiring undue experimentation. As described above and
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`below, a person of ordinary skill would have been highly motivated to combine the
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`prior art.
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`C. Tiwana and Inohara
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`15.
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`Claims 1 — 36 generally relate to a method (claims 1—14 and 29—31); a
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`system for dynamic distributed data caching (claims 15-28 and 32-34); a system
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`having “means for” (claim 35) providing a cache community, allowing a client to
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`join the community, updating a peer list, associating content with the client, and re—
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`allocating the cache storage of the content among the peers of the cache
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`community; and a system having “means for” (claim 36) requesting and receiving
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`a community list, requesting to join the community, receiving an allow message,
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`receiving a peer list, receiving content allocated for storage and cache storage re-
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`allocation.
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`Petitioner Ex. 1002 Page 9
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`16.
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`It is my opinion that it would have been obvious to a person having
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`ordinary skill in the art to combine the system described in Tiwana to provide the
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`functionality of a cache system receiving a list of cache clusters and selecting from
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`the list a cache cluster to join, as taught by Inohara. For instance, as discussed
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`above, both embodiments of Tiwana and Inohara are implemented in a system
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`having multiple caches (peers) grouped in a community. EX. 1004, Tiwcma at
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`5:21—30, 5:63—65, Fig. 1; Inohara at 3:48—50. Specifically, both references describe
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`a client requesting to and joining a community. Ex. 1004, Tiwana at 6:16-27, Fig.
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`l; EX. 1005 at 6; Inohara at 9:16—10:36, Fig. 4. Both references also teach
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`transmitting a list of servers to other servers in the group. Ex. 1004 at 7:48-8:16;
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`Ex. 1005 at 6, 7, 9; Inohara at 10:66-11:5. Further, both Tiwana and Inohara
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`acknowledge the same problem as the ‘145 Patent and propose similar distributed
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`cache-related solutions. As I discussed above, skilled artisans in the area of
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`distributed caching were concerned with the ability of the network to sustain future
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`traffic and, therefore, motivated by the exponential increase in Internet usage to
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`find ways to more efficiently use bandwidth and decrease latency. A common
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`solution to this was caching data at various servers in an environment. And
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`addition of the desirable functionality of a server selecting from a received list of
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`groups as taught by Inohara to the system of Tiwana would have yielded
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`Petitioner Ex. 1002 Page 10
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`predictable results, and the combination of these familiar elements could have been
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`accomplished using known methods in the art.
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`D. Smith and Inohara
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`17.
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`It is my opinion that it would also have been obvious to a person
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`having ordinary skill
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`in the art to combine the system described in Smith to
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`provide the functionality of allowing the caches to discover groups (communities)
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`and to select one of which groups to join, as taught by Inohara. For instance, as
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`discussed above, both references describe multiple cache servers or peers and
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`involve caching content received from peers. Ex. 1006, Smith at 427—10, 715-18,
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`7:67~8:4, Fig. 2; Ex. 1007, Inohara at 3:48-50, 14:41-63, Fig. 1. Specifically, both
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`references describe a server requesting to join a group of servers. Ex. 1006, Smith
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`at 12:42-62, 18:49—19:19, Fig. 11; Ex. 1007, Inohara at 3:48-58, 9:16—11:5.
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`Further, both Smith and Inohara acknowledge the same problem as the ‘ 145 Patent
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`and propose similar distributed cache-related solutions. For example, Smith seeks
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`to reduce levels of traffic on the Internet through a distributed caching scheme. Ex.
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`1006, Smith at Abstract. Smith discloses allowing a client to join a community,
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`receiving a peer list associated with the community, and re-allocating content
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`based on joinder of the client. See e. g. Ex. 1006, Smith at 12:42-62. Smith
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`specifically states: “many different implementations may be envisioned by those
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`skilled in at the art that will allow a proxy server to be added to the proxy server
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`Petitioner Ex. 1002 Page 11
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`array.” Id. at 18:51-53. lnohara discloses one such implementation and teaches that
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`it would be useful to allow cache servers the ability to search for and join cache
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`groups so as to increase the effectiveness of the caching scheme. Ex. 1007,
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`Inohara at 3:48—58. A person having ordinary skill
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`in the art would have
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`recognized that the distributed caching scheme described in Smith could have been
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`combined with Inohara to include the function of allowing proxy servers the ability
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`to search for and join arrays. As I discussed above, skilled artisans in the area of
`
`distributed caching were concerned with the ability of the network to sustain future
`
`levels of traffic and, therefore, motivated by the exponential increase in Internet
`
`usage to find ways to more efficiently use bandwidth and decrease latency. And
`
`addition of the desirable functionality of allowing the proxy servers the ability to
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`search for and join server groups as taught by lnohara to the system of Smith
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`would have yielded predictable results, and the combination of these familiar
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`elements could have been accomplished using known methods in the art.
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`CONCLUSION
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`26.
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`I declare under penalty of perjury that the above statements are true
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`and correct.
`
`Date:
`
`{\igzgj
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`Ii),
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`
`Peter B. Danzig
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`
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`Petitioner Ex. 1002 Page 12
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