throbber
DOCKET NO: 435930US
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`PATENT: 7,292,870
`
`INVENTOR: HEREDIA ET AL.
`
`TITLE: INSTANT MESSAGING TERMINAL
`ADAPTED FOR WI-FI ACCESS POINTS
`
`TRIAL NO.: UNASSIGNED
`
`DECLARATION OF DR. ARTHUR T. BRODY
`
`1.
`
`I, Dr. Arthur T. Brody, make this declaration on behalf of BlackBerry
`
`Corp. (“BlackBerry” or “Petitioner”) in connection with the petition for inter
`
`partes review of U.S. Patent No. 7,292,870 (“the ‘870 patent,” attached as Exhibit
`
`1001 to the petition). I am over 21 years of age and otherwise competent to make
`
`this declaration. Although I am being compensated for my time in preparing this
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`declaration, the opinions herein are my own, and I have no stake in the outcome of
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`the inter partes review proceeding.
`
`I.
`
`QUALIFICATIONS
`Attachment A to this declaration is my curriculum vitae. As shown in
`
`2.
`
`my curriculum vitae, I have over thirty years of experience in the
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`telecommunications and audio/video-related industries. This experience includes
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`performing or managing systems engineering, marketing and sales, new product
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`1
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`BLACKBERRY EX. 1003, page 1
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`development, corporate strategy consulting, product management, and competitive
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`assessment functions. Much of this experience is in the area of video technologies
`
`and wireless networking. Some relevant projects in the 1999-2005 timeframe
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`include:
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` Working with Columbia University in evaluating research for
`
`commercial potential from the electrical engineering and computer
`
`science departments, including:
`o networking architectures for the backhaul portion of the radio
`
`access network;
`o server systems for multimedia delivery;
`o “Internet” protocols including IP, RTP, RTSP and SIP for
`
`multimedia sessions; and
`o electronics improvements as applied to cell phones.
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` Working with other major corporations and research organizations in
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`reviewing technologies and patents portfolios for commercial
`
`applications including:
`o audio player technology; and
`o server systems for multimedia delivery.
`
` Serving as Chief Marketing Officer for SIPComm, Inc., a start-up
`
`focused on commercializing communications products based on SIP.
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` Working with wireless vendors on engineering and network operations
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`tools for wireless technology.
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` Authoring technology/market reports for Insight Research on VoIP and
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`IP-based applications including instant messaging.
`
`3.
`
`I have used my education and years of experience working in the
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`telecommunications, networking and audio/video-related industries, and my
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`understanding of the knowledge, creativity and experience of a person having
`
`ordinary skill in the art in forming the opinions expressed in this report.
`
`II. MATERIALS CONSIDERED
`
`4.
`
`I have read the ‘870 patent and its prosecution history. I have also
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`reviewed the Toshiba Pocket PC e740 User’s Manual (“e740 User’s Manual,”
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`attached as Exhibit 1004 to the petition); the Symbol PPT 2800 Series Product
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`Reference Guide for Pocket PC 2002 (“Symbol,” attached as Exhibit 1005 to the
`
`petition); Special Edition: Using Pocket PC 2002 (“Morrison,” excerpts attached
`
`as Exhibit 1006 to the petition); the Toshiba Pocket PC e750 User’s Manual (“e750
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`User’s Manual,” attached as Exhibit 1007 to the petition); Exhibit A to Patent
`
`Owner’s Infringement Contentions dated May 2, 2014 in Zipit Wireless Inc. v.
`
`BlackBerry Limited et al., C.A. No. 6:13-cv-2959-JMC (D.S.C.) (attached as
`
`Exhibit 1008 to the petition); archived screenshots showing lists of emoticons used
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`with various instant messaging programs, including MSN Messenger (attached as
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`Exhibit 1009 to the petition); article entitled “Anytime, Anywhere” published on
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`March 31, 2003 in the Wall Street Journal (attached as Exhibit 1010 to the
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`petition); and the Verizon LTE White Paper entitled “LTE: The Future of Mobile
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`Broadband Technology” (attached as Exhibit 1011 to the petition).
`
`III. UNDERSTANDING OF THE LAW
`
`5.
`
`For the purposes of this declaration, I have been informed about
`
`certain aspects of patent law that are relevant to my analysis and opinions, as set
`
`forth in this section of my declaration.
`
`A.
`
`6.
`
`A Person Having Ordinary Skill in the Art
`
`I understand that the disclosure of patents is to be viewed from the
`
`perspective of a person having ordinary skill in the art (“PHOSITA”) as of the
`
`filing dates of the applications leading up to the ‘870 patent.
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`7.
`
`The ‘870 patent relates to devices and methods for instant messaging
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`(“IM”) from a handheld terminal accessing a wireless network.
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`8.
`
`In determining whom a PHOSITA would be, I considered the ‘870
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`patent, the types of problems encountered in accessing wireless networks and
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`communication protocols used for real-time communications, the prior art
`
`solutions to those problems, the rapid pace of innovation in the fields of wireless
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`networks and communication protocols used for real-time communications, the
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`sophistication of wireless networks and communication protocols used for real-
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`time communications, and the educational level of workers active in the field.
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`Based on these factors, I have concluded that a PHOSITA would have an
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`accredited bachelor’s degree in computer science, electrical engineering, or a
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`related discipline that included coverage of wireless communications and the use
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`of communication protocols used for real-time communications, and also at least
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`two years of industry experience. In lieu of specific academic training, a
`
`PHOSITA may draw upon appropriate industry experience to meet the foregoing
`
`requirements. Given my extensive industry experience, I exceed the requirements
`
`needed to be a PHOSITA.
`
`B.
`
`9.
`
`Claim Construction
`
`I understand that “claim construction” is the process of determining a
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`patent claim’s meaning. I also have been informed and understand that the proper
`
`construction of a claim term is the meaning that a PHOSITA would have given to
`
`that term.
`
`10.
`
`I understand that claims in inter partes review proceedings are to be
`
`given their broadest reasonable interpretation in light of the specification, which is
`
`what I have done when performing my analysis in this declaration.
`
`C.
`
`11.
`
`Anticipation
`
`I understand that a patent claim is unpatentable as anticipated if a
`
`PHOSITA would have understood a single prior art reference to teach every
`
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`limitation of the claim. The disclosure in a reference does not have to be in the
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`same words as the claim, but all of the requirements of the claim must be described
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`in enough detail, or necessarily implied by or inherent in the reference, to enable a
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`PHOSITA looking at the reference to make and use at least one embodiment of the
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`claimed invention.
`
`D.
`
`12.
`
`Obviousness
`
`I understand that a patent claim is unpatentable as obvious if the
`
`subject matter of the claim as a whole would have been obvious to a PHOSITA as
`
`of the time of the invention at issue. I understand that the following factors must
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`be evaluated to determine whether the claimed subject matter is obvious: (1) the
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`scope and content of the prior art; (2) the difference or differences, if any, between
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`the scope of the claim of the patent under consideration and the scope of the prior
`
`art; and (3) the level of ordinary skill in the art at the time the patent was filed.
`
`13.
`
`I understand that prior art references can be combined to reject a claim
`
`under 35 U.S.C. § 103 when there was an apparent reason for one of ordinary skill
`
`in the art, at the time of the invention, to combine the references, which includes,
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`but is not limited to: (A) identifying a teaching, suggestion, or motivation to
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`combine prior art references; (B) combining prior art methods according to known
`
`methods to yield predictable results; (C) substituting one known element for
`
`another to obtain predictable results; (D) using a known technique to improve a
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`BLACKBERRY EX. 1003, page 6
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`similar device in the same way; (E) applying a known technique to a known device
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`ready for improvement to yield predictable results; (F) trying a finite number of
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`identified, predictable potential solutions, with a reasonable expectation of success;
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`or (G) identifying that known work in one field of endeavor may prompt variations
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`of it for use in either the same field or a different one based on design incentives or
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`other market forces if the variations are predictable to one of ordinary skill in the
`
`art.
`
`14. Moreover, I have been informed and I understand that so-called
`
`objective indicia of non-obviousness (also known as “secondary considerations”)
`
`like the following are also to be considered when assessing obviousness: (1)
`
`commercial success; (2) long-felt but unresolved needs; (3) copying of the
`
`invention by others in the field; (4) initial expressions of disbelief by experts in the
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`field; (5) failure of others to solve the problem that the inventor solved; and (6)
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`unexpected results. I also understand that evidence of objective indicia of non-
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`obviousness must be commensurate in scope with the claimed subject matter. I am
`
`not aware of any objective indicia of non-obviousness for the ‘870 patent.
`
`IV. BACKGROUND ON THE STATE OF THE ART
`
`A.
`
`Brief Overview of Wireless Internet Access Pre-December 2003
`
`15. Before December 2003, the Institute of Electrical and Electronics
`
`Engineers (“IEEE”) had released several versions of its 802.11 wireless
`
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`BLACKBERRY EX. 1003, page 7
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`communications standard commonly known as “Wi-Fi.” The 802.11 standards
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`available at that time had a maximum data rate of 54 Megabits per second (see Ex.
`
`1010 at 4), much faster than the cellular data rate maximum of just 700 Kilobits
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`per second in 2003. (See Ex. 1011 at 7, 12.) In 2002, over 19 million Wi-Fi
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`devices were purchased by both businesses and home users, with home user
`
`purchases growing 160 percent. (Ex. 1010 at 2.) Even public hot-spots were
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`growing rapidly, from 6,000 in 2002 to an expected 24,000 in 2003. (Id.).
`
`B.
`
`16.
`
`Pocket PCs
`
`The term “Pocket PC” is the name of an operating system developed
`
`by Microsoft, evolving from the Windows CE operating system made available in
`
`1996. The hardware I describe below running the Pocket PC operating system is
`
`also referred to as a Pocket PC.
`
`17.
`
`Exhibit 1006 provides an overview of the typical hardware in Pocket
`
`PCs in 2002. (See Ex. 1006 at 24-39). It identifies the major hardware
`
`components of the Pocket PC:
`
`Following are the major hardware components that drive a
`typical Pocket PC:
`
` Microprocessor
`
` Memory
`
` Power
`
` Display
`
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`BLACKBERRY EX. 1003, page 8
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` Stylus
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` I/O Ports
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` Multimedia hardware
`
`(Id. at 24.)
`
`18. Both wireline and wireless connectivity is provided by Pocket PCs. A
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`USB port provides wireline connectivity. (Id. at 33.) A modem expansion module
`
`can also provide wireline connectivity. (Id. at 115.) Wireless connectivity is
`
`provided by an infrared port (Id. at 33) and may also be provided via Wi-Fi. The
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`Wi-Fi capability can be built into the Pocket PC or provided through an expansion
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`device or adaptor (e.g., a CF or PC card). (Id. at 115.)
`
`19.
`
`The Pocket PC can run a variety of programs that can be used for
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`surfing the World Wide Web, productivity management, email, entertainment and
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`instant messaging. For surfing the World Wide Web, productivity management,
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`email and instant messaging, the Pocket PC runs programs similar to those
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`programs provided by Microsoft that run on PCs with the Windows operating
`
`system. For example:
`
` Surfing the Web – Pocket Internet Explorer (Id. at 176)
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` Word processing – Pocket Word (Id. at 278)
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` Spreadsheets – Pocket Excel (Id. at 300)
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` Email – Pocket Outlook (Id. at 226)
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` Entertainment – Windows Media Player (Id. at 434)
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`BLACKBERRY EX. 1003, page 9
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` Instant messaging – MSN Messenger (Id. at 162)
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`20.
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`The Pocket PC could also run programs not provided by Microsoft.
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`For example, the Pocket PC would run AOL Instant Messenger (“AIM”) and
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`Yahoo! Messenger. (Id. at 169.)
`
`C.
`
`21.
`
`Instant Messaging
`
`Instant messaging (“IM”) is the communication of messages between
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`users in real-time. As e-mail messages can be queued in servers for several
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`seconds or even minutes, IM is more interactive than email. Typical IM
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`applications have a contact or buddy list that shows which of your buddies/contacts
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`are online. (Id. at 164, 170.)
`
`(Id. at 164.)
`
`22. More than one application can be used simultaneously on a Pocket PC
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`because the Pocket PC operating system is multi-tasking. (See Ex. 1004 at 11-2.)
`
`The Pocket PC comes with MSN Messenger. (Ex. 1006 at 162.) Other IM
`
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`programs can be downloaded to run on the Pocket PC. See ¶ Error! Reference
`
`source not found.20 supra. The user can run both MSN Messenger and the other
`
`IM programs (e.g., Yahoo! Messenger or AIM) at the same time.
`
`23.
`
`IM messages use a combination of textual characters and graphical
`
`symbols for communications. Graphical symbols may be single graphical or text
`
`elements used for pictorial meaning, or combinations of graphical or text elements
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`(e.g., “$”, “=”, “:-)”, “;-D”). In addition, combinations of symbols called
`
`“emoticons” are used as part of standard IM applications, including MSN
`
`Messenger. (See Ex. 1009.) The textual characters and graphical symbols are
`
`entered into a window that shows the conversation:
`
`(Ex. 1006 at 164.)
`
`D.
`
`Implications for Review of the ‘870 Patent
`
`24. As summarized above, widespread wireless Internet access was a
`
`reality in 2003. By this time, high-end PDAs such as Pocket PCs, running a
`
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`scaled-down version of Microsoft Windows, had already entered the mobile device
`
`landscape to take maximum advantage of the proliferation of Wi-Fi and wireless
`
`networking. Various publications and manuals describe how the Pocket PC
`
`platform was enabling users to perform a variety of tasks away from their desktop
`
`PCs, including running productivity applications (e.g., Microsoft Word and Excel),
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`browse the Internet wirelessly, connect to corporate networks, check e-mail, play
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`digital music, and carry out IM conversations. Moreover, the Pocket PC was
`
`compatible with multiple IM service providers, providing a unified buddy list and
`
`generating data messages containing graphical symbols in addition to textual
`
`characters. This evidence indicates that the IM device and methods of use claimed
`
`in the ‘870 patent are not inventive, novel or non-obvious; rather, they are the
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`expected result of well-known and well-understood wireless networking and IM
`
`concepts that were commonly available to practitioners before December 2003.
`
`25.
`
`In particular, all of the following elements described by the ‘870
`
`patent would have been well known to persons of ordinary skill in the art prior to
`
`December 2003:
`
` Entry and display of textual characters and graphical symbols
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` Generating data messages sent using the Internet protocol and
`
`accessing a network wirelessly to send those messages
`
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` Generating data messages compatible with multiple IM service
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`providers and accessing a network wirelessly to send those messages
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` A buddy list identifying contacts coupled to different IM service
`
`providers
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` Playing music while carrying out an IM conversation
`
`V.
`
`THE ‘870 PATENT
`
`26.
`
`The ‘870 patent relates to a handheld IM device. (Ex. 1001 at 1:6-8,
`
`Abstract.) In particular, the ‘870 patent relates to a handheld terminal that
`
`manages multiple IM conversations in Internet protocol (“IP”) through different
`
`IM service providers. (Id. at 5:32-6:15, Abstract.) The device generates a buddy
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`list of contacts associated with each IM service provider and displays conversation
`
`windows for each buddy with whom the user is engaged in active conversation.
`
`(Id. at 5:32-6:15.) The device detects signals from local wireless access points,
`
`prioritizes the access points according to their signal strength, and selects the one
`
`having the strongest signal for local network access. (Id. at 5:4-11.) Further, the
`
`device contains keys for both text and graphical symbols, the latter being
`
`programmable so that a user may define a set of characters corresponding to a
`
`graphical symbol (e.g., emoticons) supported by an IM service provider. (Id. at
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`4:50-5:3, Figs. 12a and 12b.)
`
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`VI. CLAIM CONSTRUCTION
`
`27.
`
`In comparing the claims of the ‘870 patent to the known prior art, I
`
`have carefully considered the ‘870 patent and its file history based upon my
`
`experience and knowledge in the relevant field. In my opinion, the broadest
`
`reasonable interpretation of the claim terms of the ‘870 patent is generally
`
`consistent with the terms’ ordinary and customary meaning, as a PHOSITA would
`
`have understood them. That said, for purposes of this proceeding, I have applied
`
`the following constructions when analyzing the prior art and the claims:
`
`28. Communications Module: The term “communications module” refers
`
`to hardware (e.g., processor) and/or software components. This construction is
`
`consistent with the ‘870 patent’s teaching that the communications module is not
`
`necessarily a hardware component, but is an “implement[ed]” component. (Id. at
`
`11:64-12:1.) This construction is also consistent with Patent Owner’s infringement
`
`contentions in concurrent litigation. (Ex. 1008 at 2-6, 16, 17.)
`
`29. Coupled: The term “coupled” refers to an indirect or operative (e.g.,
`
`non-physical) connection. This construction is consistent with the ‘870 patent’s
`
`teaching that the terminal is “coupled” to an IM service or WAN through an access
`
`point. (Ex. 1001 at 17:13-16; 23:56-60; see also claims 12 and 31 (reciting
`
`“buddies coupled to each instant messaging service.”)) This construction is also
`
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`BLACKBERRY EX. 1003, page 14
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`consistent with Patent Owner’s infringement contentions in concurrent litigation.
`
`(Ex. 1008 at 2-4, 11-13, 24, 25.)
`
`30.
`
`Loss of a Network Connection: In the underlying litigation, Patent
`
`Owner’s infringement contentions reflect an asserted construction for “loss of a
`
`network connection” that is satisfied if a conversation history is displayed, the
`
`network connection is lost, and then the same conversation history “remain[s]
`
`displayed” after the network connection is lost. (Ex. 1008 at 6, 19.) In light of the
`
`asserted construction reflected by Patent Owner’s infringement contentions, I have
`
`applied the same construction in this declaration (only for purposes of this
`
`declaration and only because of Patent Owner’s asserted construction in the
`
`underlying litigation).1
`
`31. Wireless, Internet Protocol: In the underlying litigation, Patent
`
`Owner’s infringement contentions reflect an asserted construction for “wireless,
`
`Internet protocol” that is satisfied by connecting to a “Wi-Fi” hotspot. (Ex. 1008 at
`
`2-4, 14, 15, 18.) In light of the asserted construction reflected by Patent Owner’s
`
`infringement contentions, I have applied the same construction in this declaration
`
`1 I believe that the construction of this term reflected in Patent Owner’s
`
`infringement contentions is erroneous, and that the plain meaning of this term and
`
`the intrinsic evidence requires that the loss of the network connection cause the
`
`conversation histories to be displayed.
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`15
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`BLACKBERRY EX. 1003, page 15
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`(only for purposes of this declaration and only because of Patent Owner’s asserted
`
`construction in the underlying litigation).2
`
`VII. DESCRIPTION OF THE PRIOR ART
`
`A.
`
`32.
`
`Overview of what the e740 User’s Manual Teaches
`
`The e740 User’s Manual describes the Toshiba Pocket PC e740
`
`device. Among other things, the reference describes the Pocket PC’s hardware,
`
`provides an overview of the factory-installed programs on the device, and explains
`
`how the device connects to a network or the Internet. (Ex. 1004 at 1-2.)
`
`33.
`
`The e740 is a wireless, handheld device with a touch screen display.
`
`(Id. at 2-1, 12-5.) Information is entered on the device using, e.g., a soft keyboard
`
`on touch screen to type text, or writing or drawing pictures directly on the touch
`
`screen using a stylus. (Id. at 2-24 to 2-30.) Both text and graphical symbols (e.g.,
`
`“$”, “=”, “:-)”, “;-D”) can be entered on the input panel of the touch screen. (Id. at
`
`2-1, 2-24 to 2-32, 5-5 to 5-6.)
`
`34.
`
`The e740 contains an Intel Xscale PXA250 processor that runs
`
`Windows Pocket PC 2002 software. (Id. at 12-5.) The processor is coupled to,
`
`and interfaces according to Internet protocol settings with, an IEEE 802.11b
`
`2 I believe that the construction of this term reflected in Patent Owner’s
`
`infringement contentions is erroneous, and that the intrinsic evidence requires that
`
`the “wireless, Internet protocol” access point not embrace just Wi-Fi technology.
`
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`wireless local area network (“WLAN”) adaptor (also called a wireless transceiver)
`
`that connects the device wirelessly to nearby access points. (Id. at 8-1 to 8-6, A-1
`
`to A-8.) The device can also connect to the Internet using a modem or Ethernet
`
`connection to an internet service provider (“ISP”). (Id. at 7-2 to 7-3.) Although
`
`not explicitly mentioned in the reference, the device necessarily includes an
`
`antenna coupled to the WLAN adaptor/transceiver. (See id. at 8-1 to 8-11, 12-5,
`
`A-1 to A-8.)
`
`35.
`
`The processor and software run MSN Messenger, a factory-installed
`
`IM program that implements an IM protocol for generation of IM data messages
`
`that are compatible with MSN Messenger Service. (Id. at 5-7 to 5-10.)
`
`Concurrently, the processor is in data communication with the WLAN adaptor.
`
`The processor provides the IM data messages to the WLAN adapter so that the
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`messages can be communicated through the WLAN adapter during a conversation
`
`session. (Id. at 5-7 to 5-10, 2-32.) Additional third-party IM programs can be
`
`installed on the device. (Id. at 2-34 to 2-35.)
`
`36.
`
`In addition, the e740 includes Windows Media Player for playing
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`digital audio and video files (id. at 5-11), as well as Pocket Internet Explorer for
`
`downloading programs and files from the Internet. (Id. at 2-21.)
`
`17
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`B.
`
`37.
`
`Overview of what Symbol Teaches
`
`Symbol describes the PPT 2800 Series terminal. Among other things,
`
`the reference describes the terminal’s hardware, explains how to use the factory-
`
`installed applications, and describes how to connect the terminal to a network or
`
`configure the terminal for wireless connection. (Ex. 1005 at xi-xii.)
`
`38.
`
`The Symbol device is a wireless, handheld terminal. (Id. at 1-4 to 1-
`
`5.) Information is entered on the device using, e.g., a soft keyboard on touch
`
`screen to type text, or writing or drawing pictures directly on the touch screen
`
`using a stylus. (Id. at 2-10 to 2-18.) Both text and graphical symbols (e.g., “$”,
`
`“=”, “:-)”, “;-D) can be entered on the input panel of the touch screen. (Id. at 2-10
`
`to 2-18, 2-20, 6-9, 6-12 to 6-13.)
`
`39.
`
`The Symbol device runs Pocket PC 2002 operating system. (Id. at xi.)
`
`The device can connect to the Internet using a modem connection to an ISP or
`
`connect wirelessly to a network via Spectrum24 LAN. (Id. at 8-4 to 8-9, 9-1 to 9-
`
`5.)
`
`40.
`
`The Symbol device runs MSN Messenger, a factory-installed IM
`
`program that implements an IM protocol for generation of IM data messages that
`
`are compatible with MSN Messenger Service. (Id. at 6-10 to 6-13.) The device
`
`also includes the GsmDemo program, which enables users to read and send SMS
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`messages. (Id. at C-3 to C-5.) Additional third-party IM programs can be installed
`
`on the device. (Id. at 3-8 to 3-9.)
`
`41.
`
`The Symbol device includes Pocket Internet Explorer for
`
`downloading programs and files from the Internet. (Id. at 7-1 to 7-8.)
`
`42.
`
`Further, the Symbol device includes a “Power Save Polling (PSP)
`
`mode” in which the user “specifies the number of ticks the adapter sleeps before
`
`waking up to check for data. Each tick is 0.1 second.” (Id. at 9-15.) The reference
`
`also discloses a “suspend wireless network option” that “allow[s] the terminal to
`
`automatically turn off (suspend) operation based on user inactivity.” (Id. at 9-28;
`
`see also 10-15 to 10-16.)
`
`43.
`
`The Symbol device also contains the “Audio Sample” feature which
`
`“demonstrates how to record, play back, and save sounds.” (Id. at B-9.)
`
`C.
`
`Overview of what Morrison Teaches
`
`44. Morrison provides a broad range of detailed information about the
`
`various capabilities of the Pocket PC 2002 operating system. For example,
`
`Morrison teaches “making the most of input methods,” including the soft
`
`keyboard, the Letter Recognizer, and the Block Recognizer. (Ex. 1006 at 83-92.)
`
`Morrison also teaches details about “communicating with MSN Messenger,” such
`
`as how several IM services are available for carrying out conversations with
`
`Pocket PCs. (Id. at 161-73.) Further, Morrison describes the many entertainment
`
`19
`
`BLACKBERRY EX. 1003, page 19
`
`

`

`aspects of Pocket PCs, such as their ability to play downloaded digital music and
`
`video files, as well as streaming content. (Id. at 451.)
`
`D.
`
`45.
`
`Overview of what the e750 User’s Manual Teaches
`
`The e750 User’s Manual describes a Toshiba Pocket PC device in the
`
`same model family as, and almost identical to, the device disclosed in the e740
`
`User’s Manual. Thus, the e750 User’s Manual has virtually the same disclosure as
`
`the e740 User’s Manual.
`
`46.
`
`The e750 User’s Manual describes the “Join to Existing Network”
`
`feature: “[I]f you join to encrypted network(s), Pocket PC2003 will require
`
`entering a Network (WEP) key.” (Ex. 1007 at 8-2; see also 8-1, 8-8.)
`
`VIII. ANALYSIS
`
`47. At the request of counsel, I have broken claims 1 and 20 into elements
`
`denoted [a], [b], [c], etc. to correspond to the discussion of the same elements in
`
`the Petition for inter partes review. Claims 1 and 20, as annotated, read as
`
`follows:
`
`1. An instant messaging terminal comprising:
`[a] a handheld terminal housing;
`[b] a display mounted in the terminal housing for displaying textual
`characters and graphical symbols;
`[c] a data entry device integrated in the terminal housing for the display, the
`data entry device for generating textual characters and graphical symbols;
`
`20
`
`BLACKBERRY EX. 1003, page 20
`
`

`

`[d] a wireless, Internet protocol communications module coupled to a
`wireless transceiver, both being within the housing, for communicating
`messages with a wireless, Internet protocol access point; and
`[e1] a control module within the housing, the control module including at
`least one processor for executing an application program to implement
`instant messaging and session protocols for at least one conversation
`session that is communicated by the wireless, Internet protocol
`communications module and the wireless transceiver through the
`wireless, Internet protocol access point,
`[e2] the control module, in response to a loss of a network connection,
`displays conversation histories for conversations that were active when
`the network connection was lost, and automatically searches for wireless,
`Internet protocol network beacons upon all of the conversation histories
`being displayed.
`
`20. A method for managing wireless network access and instant messaging
`through a wireless access point with a handheld instant messaging
`terminal comprising:
`[a] entering textual characters and graphical symbols with a data entry
`device of a handheld terminal to form instant messages for delivery to an
`instant messaging service;
`[b] displaying the entered textual characters and graphical symbols on a
`display of the handheld terminal;
`[c] communicating instant messages with a wireless, Internet protocol access
`point, the instant messages being communicated with a communications
`module and wireless transceiver in the handheld terminal;
`
`21
`
`BLACKBERRY EX. 1003, page 21
`
`

`

`[d] coordinating authentication for coupling the handheld instant messaging
`terminal to a local network through the wireless, Internet protocol access
`point;
`[f] displaying conversation histories for active conversations terminated by a
`loss of a network connection; and
`[g] automatically searching for wireless, Internet protocol network beacons
`after the conversation histories are displayed.
`
`A.
`
`Claims 1, 2, 5-8, 11, 12, 17, 18, 20, 21, 24-27, 30, 31, 36, 37 and 40
`are Anticipated by the e740 User’s Manual
`
`48.
`
`It is my opinion that claims 1, 2, 5-8, 11, 12, 17, 18, 20, 21, 24-27, 30,
`
`31, 36, 37 and 40 are anticipated by the e740 User’s Manual.
`
`Claim 1: Preamble
`
`49.
`
`The preamble of claim 1 recites “[a] handheld instant messaging
`
`terminal.” The e740 User’s Manual discloses a “Toshiba Pocket PC” that runs
`
`various programs, including MSN Messenger. (Ex. 1004 at 2-1, 2-21, 2-32 to 2-
`
`35, 5-7 to 5-10, 12-5.) Thus, the preamble of claim 1 is disclosed by the e740
`
`User’s Manual.
`
`Claim 1[a]-[c]: “a handheld terminal housing,” “a display” and
`“a data entry device”
`
`50.
`
`Element [a] of claim 1 recites “a handheld terminal housing.” The
`
`e740 User’s Manual discloses a touch screen display integrated into the terminal
`
`housing:
`
`22
`
`BLACKBERRY EX. 1003, page 22
`
`

`

`(Ex. 1004 at 2-1; see also 2-19, 12-5.) Thus, claim element 1[a] is disclosed.
`
`51.
`
`Element [b] of claim 1 recites “a display mounted in the terminal
`
`housing for displaying textual characters and graphical symbols.” The e740 User’s
`
`Manual discloses a 3.5-inch “Reflective type Colour TFT LCD” mounted in the
`
`device, on which the entered text and graphical symbols are displayed. (Id. at 12-
`
`5; see also 2-24 to 2-30, 5-5.) Accordingly, claim element 1[b] is disclosed.
`
`52.
`
`Element [c] of claim 1 recites “a data entry device integrated in the
`
`terminal housing for the display, … for generating textual characters and graphical
`
`symbols.” The e740 User’s Manual teaches “several options for entering new
`
`information” on the Toshiba Pocket PC, including “[u]s[ing] the input panel to
`
`enter typed text, either by using the soft keyboard or other input method,” and
`
`using a stylus to “[w]rite directly on the screen” or “[d]raw pictures on the screen”:
`
`23
`
`BLACKBERRY EX. 1003, page 23
`
`

`

`(Id. at 2-24; see also 2-1, 2-26 to 2-29, 2-32.)
`
`53.
`
`The device “anticipates the word you are typing or writing and
`
`displays it above the input panel.”
`
`(Id. at 2-25.)
`
`24
`
`BLACKBERRY EX. 1003, page 24
`
`

`

`54.
`
`“You can draw on the screen in the same way that you write on the
`
`screen.”
`
`(Id. at 2-30; see also 5-5.)
`
`55.
`
`Further, graphical symbols such as “$”, “=”, and “:-)” can be
`
`generated and displayed on the disclosed device.
`
`25
`
`BLACKBERRY EX. 1003, page 25
`
`

`

`(Id. at 5-6.) Thus, claim element 1[c] is disclosed by the e740 User’s Manual.
`
`Claim 1[d]: “a wireless, Internet protocol communications
`module coupled to a wireless transceiver”
`
`56.
`
`Element [d] of claim 1 recites “a wireless, Internet protocol
`
`communications module coupled to a wireless transceiver … for communicating
`
`messages with a wireless, Internet protocol access point.” The e740 User’s
`
`Manual teaches Windows Pocket PC 2002 software running on an Intel Xscale
`
`PXA250 processor (id. at 12-5) that interfaces according to IP settings with a
`
`WLAN adaptor:
`
`26
`
`BLACKBERRY EX. 1003, page 26
`
`

`

`Wi-Fi {IEEE 302.1 1 h} WLAH
`Adaptor
`Overview
`
`Your Pact-net PC ETA!) may be equipped with 8 IEEE 80.2-11 b WLAN
`Mapmr which can connect gurur Pocket PC e?4l] Wit'fliESEi‘jl' to the
`existhig IEEE 802.11 I: wireless netwuwka or farm its awn Wirdafis
`Netwmk.“shgtheadaptwinflmPudcctPG.ywcm1&niuyflaemn-fletn
`mobile and high—speed wielea-EI Internet cunriect'nrltjr whle 'I1 range at a
`Wi—FI mnmtfle amass pair“ -
`Phase read this chapter carefulty to get fEl11iiar with this featme.
`
`Turning on Wireless LAN
`1 To enahte the Whites:- LEN mudLle. tu'n the Wireless Cutnmuricalm
`Switch on. [The default setting is Off. Slide the switch to the left tact
`tum the power on.)
`III this
`your first time turn'ng On the switdi. the IF' Address Page wil
`pap up far m1 113 set the IP address, Bu'hnet rnaak and Default
`
`2
`
`
`
`(Id. at 8-1.)
`(Id. at 8-1.)
`
`Configuration
`1 Click Sml‘l}Sel:Iin93:a- Cmrnactiuns‘) Network
`“IEEEBDZJ1bWLANAdapW3- Properties:-
`
`
`Hetlnlork Adapters
`
`
`ddqjtgrx instdlacl-
`
`L _ru:Ma_.i:1 NDISWAH Ada- -r
`
`rye-2:303 Compatible Ethernet- Drwer
`F'F'TF'ZL NDI‘SWAH Adapter
`
`
`
`AdthIS; such as w'rdc‘s‘s net-vvcrk
`(Ethernet: cards. conmct yuur rnDbibcb-rij:
`
`Do a mum
`
`
`Persona: :Sysba'n Correctly:
`
`
`
`2 mmkfim>33tfirrsfibsmm}WiBh55LANWIityIDviewm
`adius'l other configm settings. SUI}?! as Mode and SSID Etc. 131::
`Anal}! a

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