UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. &
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC.
`Petitioner,
`v .
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`INTER PARTES REVIEW OF U.S. PATENT NO. 6,009,469
`Case IPR No.: Unassigned
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,009,469 UNDER 35 U.S.C. §§ 311-319 AND
`37 C.F.R. §§ 42.1-80, 42.100 et seq.
`
`
`DECLARATION OF ROBERT COWART
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 1
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. &
`SAMSUNG TELECOMMUNICATIONS AMERICA, LLC.
`Petitioner,
`v .
`STRAIGHT PATH IP GROUP, INC.
`Patent Owner
`
`INTER PARTES REVIEW OF U.S. PATENT NO. 6,009,469
`Case IPR No.: Unassigned
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 6,009,469 UNDER 35 U.S.C. §§ 311-319 AND
`37 C.F.R. §§ 42.1-80, 42.100 et seq.
`
`
`DECLARATION OF ROBERT COWART
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 1
`
`
`
`I, Robert Cowart, being of legal age, hereby declare, affirm, and state the following:
`
`1.
`
`I have been retained as a consultant by DLA Piper LLP (US) (“DLA”),
`
`counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,
`
`and Samsung Telecommunications America, LLC (“Petitioner”). I submit this
`
`declaration in connection with Petitioner’s Petition for Inter Partes Review of
`
`claims 1-3, 5-6, 9-10, 14, and 17-18 of U.S. Patent No. 6,009,469 (“the ’469
`
`patent”). I am being compensated for my time at the rate of $350 per hour, plus
`
`actual expenses. My compensation is not dependent in any way upon the outcome
`
`of Petitioner’s Petition.
`
`2.
`
`I previously provided a declaration for a Petition for Inter Partes Review
`
`of the ’469 patent filed by Sony Corporation. I have reviewed the declaration that I
`
`previously made, and have confirmed the accuracy of the contents of my prior
`
`declaration. I hereby incorporate the contents of my prior declaration.
`
`3.
`
`I have written more than forty-five books on computer programming and
`
`applications, including more than a dozen on Microsoft operating systems. One such
`
`book I authored, Windows NT 3.5: Unleashed, was published in January 1995 and
`
`provides an overview of Microsoft Windows NT 3.5 Server software.
`
`4.
`
`In researching and writing Windows NT 3.5: Unleashed, I spent
`
`months working with a beta version of the Windows NT 3.5 Server software.
`
`Microsoft sent me the beta version of the Windows NT 3.5 Server software prior to
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 2
`
`
`
`September 1994. I have retained the beta version of Windows NT 3.5 Server
`
`software that Microsoft sent to me, and it is in my current possession.
`
`5.
`
`A beta version of software is a pre-release of the software that is
`
`typically given out to a large group of individuals to use the software under real-
`
`world conditions. As a beta tester, I received a beta version of the Windows NT 3.5
`
`Server software prior to the official release of that software in September 1994. I
`
`was one of thousands of beta testers for the Windows NT 3.5 Server software.
`
`6.
`
`Exhibits 1027 through 1029 are news articles that DLA has sent to me
`
`and that I have reviewed. They confirm my recollection that Windows NT 3.5
`
`Server was officially released in September 1994. Exhibit 1027 is an article
`
`published in PC Week volume 11 issue 37, dated September 19, 1994, and titled
`
`“NT pricing: low-cost OS, Back Office ‘gotchas.’” The article states that Microsoft
`
`“will officially launch the NT Back Office product suite this week…. NT
`
`Workstation will be available for a single-quantity list price of $395, while NT
`
`Server 3.5 will be $700, sources close to the company said.”
`
`7.
`
`Exhibit 1028 is a New York Times’ article dated September 17, 1994
`
`and titled “Company News; Microsoft to Introduce New Windows NT.” The article
`
`states that the “Microsoft Corporation plans to renew its bid to become a big player
`
`in the network computing software market on Monday [September 19th] by
`
`introducing a new version of its Windows NT.” The article further mentions that
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`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 3
`
`
`
`Microsoft “intends to price the Windows NT Server 3.5, bundled with Back Office,
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`for $2,199. It will sell the operating system alone for $699, plus $39.95 for each
`
`personal computer that will be connected to the network. Previously, it charged a flat
`
`$1,500 for an unlimited number of PC’s.”
`
`8.
`
`Exhibit 1029 is an article dated May 16, 1994, titled “Beta users
`
`wowed by Dayton’s speed,” and published in Network World. The article states
`
`that “Microsoft announced details about the [Windows NT 3.5] software in April
`
`and shipped beta copies to 10,000 customers two weeks ago.” The article further
`
`notes that first beta versions of “Daytona” were shipped in May 1994, a second
`
`beta version of “Daytona” was expected to ship in June 1994, and another version
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`was to be made “generally available” in August 1994.
`
`9.
`
`These article confirms my recollection that I received a beta version
`
`of Windows NT Server 3.5 prior to the software’s official release in September
`
`1994.
`
`10. When Windows NT 3.5 was officially launched in September 1994, I
`
`was under no obligation to maintain as confidential the beta software or the
`
`documentation that Microsoft had provided with the beta software.
`
`11.
`
`I received a CD containing the beta version of Windows NT 3.5 Server
`
`prior to September 1994, and I have maintained the CD in my possession since I
`
`received it. Because it is a beta version of the software, I received it prior to the
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 4
`
`
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`release of the official version in September 1994. The CD contains a copyright date
`
`of 1994.
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`12. The CD contains various files, and includes the following pathname,
`
`as seen below in a screenshot that I took and sent to DLA:
`
`“D:/SUPPORT/BOOKS.” The CD also contains a file called “TCPIP.HLP” within
`
`the “BOOKS” folder. The “Date Modified” field for that file, as shown below,
`
`indicates that it was last modified on August 18, 1994.
`
`13. Clicking on the TCPIP.HLP file opens an electronic help file titled
`
`“Microsoft Windows NT Server TCP/IP.” The table of contents for that help file,
`
`is shown below in a screenshot that I took and sent to DLA:
`
`
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 5
`
`
`
`
`
`14.
`
`I sent the electronic TCPIP.HLP file from my CD to DLA. The law
`
`firm's document processing department created an electronic version and printed
`
`version of the TCPIP.HLP file (“Microsoft Manual”), which is included as Exhibit
`
`1012 for the ’469 patent.
`
`15.
`
`In summary, I received a copy of the Microsoft Manual when I
`
`received my beta copy of Windows NT 3.5 Server. Microsoft sent the beta copy of
`
`Windows NT 3.5 Server to me, and I received the beta copy before its official
`
`release in September 1994. When the software was officially released in September
`
`1994, I was under no obligation to maintain as confidential the beta software or the
`
`documentation that Microsoft had provided with the beta software.
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 6
`
`
`
`16.
`
`I went to the website of the United States Copyright Office at
`
`www.copyright.gov. I then navigated to the “Search Records” page, and
`
`performed a search for “Microsoft Windows NT Server.” In the search results, I
`
`located a record titled “Microsoft Windows NT server : network operating system :
`
`version 3.5” and selected it. The title of the entry was the same of the title for the
`
`search result above, and the record reflected that the Windows NT 3.5 Server had a
`
`“Date of Publication” of September 19, 1994 and a “Registration Date” of
`
`November 16, 1994. I took a screenshot of the record, included as Exhibit 1030 to
`
`the ’469 patent petition, as seen below, and annotated it to show the date of
`
`publication . This copyright record confirms my recollection that the Windows
`
`NT Server version 3.5 was released on September 19, 1994.
`
`
`
`
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 7
`
`
`
`I understand and have been warned that willful false statements and the like are
`
`punishable by fine or imprisonment, or both (18 U.S.C. § 1001). I declare that all
`
`statements made herein are of my own knowledge, are true, and that all statements
`
`made on information and belief are believed to be true, and further, that these
`
`statements were made with the knowledge that willful false statements and the like
`
`so made are punishable by fine or imprisonment, or both, under § 1001 of title 18
`
`of the United States Code.
`
` declare under penalty of perjury that the foregoing is true and correct.
`
` I
`
`Executed on August 20, 2014 in Berkeley, California.
`
`
`
`______________________
`Robert Cowart
`
`WEST\249211308.1
`
`Samsung - Exhibit 1006 - Page 8
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