`
`§ Attorney Docket No.:
`United States Patent No.: 8,532,641
`§
`110797-0004-658
`Inventors: Russell W. White,
`§ Customer No. 28120
`Kevin R. Imes
`Formerly Application No.: 13/673,391 § Petitioners:
`Issue Date: Sept. 10, 2013
`§
`Samsung Electronics Co., Ltd.;
`Filing Date: Nov. 9, 2012
`§
`Samsung Electronics America, Inc.
`Priority Date: March 28, 2000
`§
`
`§
`§
`§
`§
`§
`
`
`Former Group Art Unit: 2646
`Former Examiner: Erika Washington
`
`
`
`
`For: SYSTEM AND METHOD FOR MANAGING MEDIA
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`
`
`
`
`
`DECLARATION OF DR. SCHUYLER QUACKENBUSH
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,532,641
`
`
`
`
`
`
`
`
`Samsung Ex. 1333 p. 1
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`
`
`TABLE OF CONTENTS
`
`I.
`
`Introduction ...........................................................................................................................1
`
`II. Opinions Regarding A Person Of Ordinary Skill In The Art .................................9
`
`III. The ‘641 Patent .................................................................................................................. 10
`
`A. Overview of the ‘641 Patent .............................................................................. 10
`
`B.
`
`Claim Construction of ‘641 Patent Claims ..................................................... 13
`
`IV. Analysis of The ‘641 Patent ............................................................................................ 14
`
`A. Ground 1: Obvious over Hu in view of Ahn & the knowledge of a
`POSITA (Claims 1-3, 5, 9); Ground 2: Obvious over Hu in view of Ahn
`& Nokia (Claims 1-3, 5, 9, 10); Ground 3: Obvious over Hu in view of
`Ahn, Nokia & the knowledge of a POSITA (Claims 1-3, 5, 9, 10);
`Ground 4: Obvious over Hu in view of Ahn, Galensky & the knowledge
`of a POSITA (Claims 7, 12); Ground 5: Obvious over Hu in view of
`Ahn, Galensky & Nokia (Claims 6, 7, 12); Ground 6: Obvious over Hu
`in view of Ahn, Galensky, Nokia & the knowledge of a POSITA (Claims
`6, 7, 12); Ground 7: Obvious over Hu in view of Ahn & Galensky
`(Claim 12) ................................................................................................................ 19
`
`1.
`
`Claim 1......................................................................................................... 22
`
`(a)
`
`Preamble ......................................................................................... 22
`
`(b) Element [1.A] ................................................................................ 22
`
`(c)
`
`Element [1.B] ................................................................................ 23
`
`(d) Element [1.C] ................................................................................ 27
`
`(e)
`
`(f)
`
`(g)
`
`Element [1.D]................................................................................ 28
`
`Element [1.E] ................................................................................ 30
`
`Element [1.F]................................................................................. 38
`
`(h) Element [1.G]................................................................................ 39
`
`(i)
`
`(j)
`
`Element [1.H] ................................................................................ 43
`
`Element [1.I].................................................................................. 48
`
`2.
`
`3.
`
`Claim 2......................................................................................................... 50
`
`Claim 3......................................................................................................... 51
`
`(a)
`
`Element [3.A] ................................................................................ 51
`
`(b) Element [3.B] ................................................................................ 52
`
`
`
`i
`
`Samsung Ex. 1333 p. 2
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`
`
`(c)
`
`Element [3.C] ................................................................................ 53
`
`4.
`
`5.
`
`Claim 5......................................................................................................... 55
`
`Claim 6......................................................................................................... 56
`
`(a)
`
`Element [6.A] ................................................................................ 56
`
`(b) Element [6.B] ................................................................................ 58
`
`6.
`
`Claim 7......................................................................................................... 64
`
`(a)
`
`Element [7.A] ................................................................................ 64
`
`(b) Element [7.B] ................................................................................ 66
`
`7.
`
`Claim 8......................................................................................................... 70
`
`(a)
`
`Preamble ......................................................................................... 70
`
`(b) Element [8.A] ................................................................................ 70
`
`(c)
`
`Element [8.B] ................................................................................ 72
`
`(d) Element [8.C] ................................................................................ 73
`
`(e)
`
`(f)
`
`Element [8.D]................................................................................ 73
`
`Element [8.E] ................................................................................ 73
`
`8.
`
`Claim 9......................................................................................................... 74
`
`(a)
`
`Element [9.A] ................................................................................ 74
`
`(b) Element [9.B] ................................................................................ 74
`
`(c)
`
`Element [9.C] ................................................................................ 74
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`(d) Element [9.D]................................................................................ 74
`
`9.
`
`Claim 10 ...................................................................................................... 75
`
`10. Claim 12 ...................................................................................................... 78
`
`(a)
`
`Element [12.A] .............................................................................. 78
`
`(b) Element [12.B] .............................................................................. 78
`
`(c)
`
`Element [12.C] .............................................................................. 78
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`
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`-ii-
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`Samsung Ex. 1333 p. 3
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`
`
`I, Schuyler Quackenbush, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained to provide assistance regarding U.S. Patent No.
`
`8,532,641 (“‘641 patent”). Attached hereto as Appendix A is a true and correct copy
`
`of my Curriculum Vitae describing my background and experience. I have personal
`
`knowledge of the facts and opinions set forth in this declaration, and, if called upon to
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`do so, I would testify competently thereto.
`
`2.
`
`I received a B.S. in Electrical Engineering from Princeton University in
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`1975, and M.S. and Ph.D. in Electrical Engineering from the Georgia Institute of
`
`Technology in 1980 and 1985, respectively. While at the Georgia Institute of
`
`Technology, I concentrated my research on signal processing, including both speech
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`and image processing. In my thesis I explored the factors that determine the perceived
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`quality of a processed speech signal, such as speech signals from a mobile telephone
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`system. My thesis was titled “Objective Measures of Speech Quality” and the thesis
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`research was on computer algorithms that could predict perceived speech quality.
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`3.
`
`Between 1975 and 1978, I worked for Loral Electronics in Yonkers, NY,
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`where I was employed as a test engineer. Loral Electronics produced airborne
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`electronics systems for the U.S. Air Force. My responsibilities in this position included:
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`assisting the lead engineer in setting up test equipment; assembling custom test
`
`equipment; and using this equipment to test items from the production line.
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`
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`-1-
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`Samsung Ex. 1333 p. 4
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`
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`4.
`
`From 1978 to 1979, I worked for Diagnostic/Retrieval Systems (DRS),
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`Inc. in Oakdale, NJ, where I was a hardware design engineer. DRS produced
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`electronic sonar systems for the U.S. Navy. My responsibilities in this position
`
`included: design of an analog to digital signal acquisition sub-system; design of a
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`digital heterodyne sub-system; and assisting in test and debugging of the complete
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`prototype system.
`
`5.
`
`Between 1986 and 2002, I worked for AT&T Bell Labs in Murray Hill
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`where I was Member of Technical Staff in the Signal Processing Research
`
`Department, and subsequently at AT&T Labs in Florham Park, NJ, where I was
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`Principal Technical Staff and then Acting Supervisor of the Speech and Audio Coding
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`Group. During the time period from 1986 to 2000, I developed and implemented a
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`speech coding algorithm; developed and implemented several audio coding algorithms;
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`developed and implemented an image and audio decoding algorithm (for use as a
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`“talking mail-order catalog”) and worked on a large team that built a working Digital
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`Audio Broadcast system using AT&T’s Perceptual Audio Coding (PAC) technology. I
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`was the lead expert in the effort to promote AT&T’s PAC technology in the ISO
`
`MPEG standards group. This effort resulted in the MPEG Advanced Audio Coding
`
`standard, which contained more than 80 percent of AT&T’s PAC technology. I
`
`developed a client/server music player using the AT&T audio technology. This used
`
`an OpenGL graphical user
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`interface and UNIX socket-based client/server
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`communication. I worked on a team that developed a second generation of this
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`
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`-2-
`
`Samsung Ex. 1333 p. 5
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`
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`player that was also a client/server architecture, but used User Datagram Protocol
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`(UDP) Internet protocol for streaming from server to client, and had a browser-based
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`user interface written in HTML. As Acting Supervisor of the Speech and Audio
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`Coding Group, I was responsible for supervising the work of several Principal
`
`Technical Staff Members and directing the work of the junior technical staff members.
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`6.
`
`Since 2002, I have been the Founder and President of Audio Research
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`Labs, LLC (ARL) in Scotch Plains, NJ. My responsibilities at ARL are to set business
`
`objectives, develop new business, design and develop products and deliver consulting
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`services. ARL products include: the Subjective Training and Evaluation Program
`
`(STEP), which facilitates the subjective assessment of speech and audio quality; and
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`ARL Sound Stage, which is an audio workstation plugin that aids a sound engineer in
`
`mixing 5.1 channel audio programs. ARL services include: engineering consulting in
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`the area of speech and audio signal processing, including algorithm development and
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`real-time implementations; subjective speech and audio quality assessment services;
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`advice on standardization activities, including advice on promising algorithms for
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`possible standardization; and consulting on patent portfolio valuation and patent
`
`litigation expert witness services.
`
`7.
`
`From 2006 to 2009, I was the Founder and VP of Audio Technology for
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`Lightspeed Audio Labs, Inc., located in Tinton Falls, NJ. During this time I remained
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`President of ARL, but the majority of my time was spent on Lightspeed Audio Labs
`
`work. Lightspeed Audio Labs created an Internet-based system that permitted users
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`
`
`-3-
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`Samsung Ex. 1333 p. 6
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`
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`in different physical locations to interactively collaborate on-line to make music as if
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`they were in the same recording venue. My responsibilities at Lightspeed Audio Labs
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`included the design, creation and operation of: a high-quality digital audio
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`encoder/decoder; a client/server framework for audio signal streaming, recording,
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`mixing and playback; and a server database system to manage user accounts and user
`
`created music. The streaming audio data used the UDP Internet protocol to assure
`
`robust real-time performance. The client user interface was a conventional web
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`browser that communicated with an Apache server using HTTP Internet protocol.
`
`Web pages were coded with the HTML and PHP languages and used a MSQL
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`database.
`
`8.
`
`I began participating in the International Standards Organization (ISO)
`
`standard setting body in 1995 to promote Perceptual Audio Coding technology on
`
`behalf of AT&T. This effort ultimately resulted in the Advanced Audio Coding
`
`standard (AAC), which was published in 1997.
`
`9.
`
`The ISO group dealing with standards for digital media compression is
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`the Joint Technical Committee 1 (JTC 1), Subcommittee 29 (SC 29), Working Group
`
`11 (WG 11). This group is designated as ISO JTC 1 SC 29 WG 11. WG 11 is also
`
`referred to as the Motion Picture Experts Group (MPEG).
`
`10.
`
`Since 1998, I have served as Chair of the MPEG Audio Subgroup
`
`(subgroup of WG 11 or MPEG). This role is voluntary and I receive no monetary
`
`remuneration. The Audio Subgroup consists of more than 50 audio experts from
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`
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`-4-
`
`Samsung Ex. 1333 p. 7
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`
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`companies located around the world. As subgroup Chair, I am responsible for
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`recommending areas for possible standardization, delegating tasks to and managing
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`task completion by the group, forging consensus on group decisions and reporting on
`
`the group’s work to the MPEG plenary. During my tenure, the group has created and
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`standardized many technologies including: High-Efficiency Advanced Audio Coding
`
`(HE-AAC), Enhanced Low Delay Advanced Audio Coding (AAC-ELD), MPEG
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`Surround, Spatial Audio Object Coding (SAOC), and Unified Speech and Audio
`
`Coding (USAC).
`
`11.
`
`I am an inventor on 23 issued U.S. patents. These patents cover a range
`
`of technologies, including audio coding, text-to-speech synthesis systems and audio
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`watermarking systems.
`
`12.
`
`I have authored many peer-reviewed technical articles,
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`including
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`publications
`
`in Journal of
`
`the AES, IEEE Multimedia Magazine, IEEE
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`Communication Magazine, IEEE Journal on Selected Areas in Communications, and
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`Proceedings of IEEE Conference on Acoustics, Speech and Signal Processing. The
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`topics of those articles have included speech quality assessment, speech coding
`
`algorithms, audio coding algorithms and image coding algorithms.
`
`13.
`
`I have been active in my professional organizations. I have been a
`
`member of the Audio Engineering Society (AES) for more than 20 years and became
`
`a Fellow of AES in 2006. I have routinely attended AES conventions and
`
`
`
`-5-
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`Samsung Ex. 1333 p. 8
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`
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`conferences and have been co-chair of the AES Technical Committee on Coding of
`
`Audio Signals since 2009. I have authored over 15 conference papers for the AES.
`
`14.
`
`I have been a member of the Institute of Electrical and Electronic
`
`Engineers (IEEE) for more than 30 years and have been a Senior Member for more
`
`than 15 years. Within the IEEE there are many specialist societies, and I am a
`
`member of the IEEE Signal Processing Society. I have attended many IEEE
`
`conferences, including the International Conference on Acoustics, Speech and Signal
`
`Processing (ICASSP) and the Workshop on Applications of Signal Processing to
`
`Audio and Acoustics. I have authored more than 15 IEEE journal or conference
`
`publications.
`
`15.
`
`I have authored one book, entitled Objective Measures of Speech
`
`Quality, and several book chapters, including MPEG Audio Compression Advances,
`
`MPEG Audio Compression Future, and MPEG Video/Audio Quality Evaluation
`
`chapters of The MPEG Book, and the Digital Audio Compression Technologies
`
`chapter of National Association of Broadcasters Engineering Handbook, 10th Edition.
`
`The topics of my book and the chapters that I wrote include subjects such as:
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`methods for assessment of speech and audio quality; description of audio coding
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`technologies, including Dolby AC-3; MPEG-1 Layer I, II and III; MPEG-2 Advanced
`
`Audio Coding; MPEG-4 High Efficiency Audio Coding and MPEG Surround audio
`
`coding.
`
`
`
`-6-
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`Samsung Ex. 1333 p. 9
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`
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`16. A complete listing of the papers that I have authored and co-authored is
`
`attached as Appendix B and a list of my testifying experience from the past four years
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`is attached as Appendix C.
`
`17.
`
`I am being compensated for my time spent in connection with this case
`
`at a rate of $350 /hr. I have no financial interest in the outcome of this case.
`
`18.
`
`In preparing my opinions, I have considered the following materials:
`
`•
`
`‘641 Patent (Ex. 1301);
`
`• File History of ‘641 Patent (Ex. 1302);
`
`• U.S. Patent Publication No. 2006/0262103 to Hu (Ex. 1303);
`
`• File History of U.S. Patent Application No. 11/438,016, published as U.S.
`
`Patent Publication No. 2006/0262103 to Hu (Ex. 1304);
`
`• U.S. Patent Publication No. 2004/0214525 to Ahn (Ex. 1305);
`
`• International Publication No. WO 02/096137 to Ahn (Ex. 1306);
`
`• Declaration of Harri Valio (Ex. 1307)
`
`• Declaration of Jari Toivanen (Ex. 1308)
`
`• Owner’s Manual for the Nokia 9000i Communicator (“Nokia”), dated 1995-
`
`1997, published by Nokia Mobile Phones Ltd. (Ex. 1308B);
`
`• U.S. Patent No. 6,845,398 to Galensky (Ex. 1309);
`
`• Universal Serial Bus Specification, Revision 1.1, September 23, 1998, Compaq
`
`Computer Corp., Intel Corp., Microsoft Corp., and NEC Corp. (Ex. 1310A)
`
`
`
`-7-
`
`Samsung Ex. 1333 p. 10
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`
`
`• January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01184 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1323)
`
`• January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01181 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1324)
`
`• January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01182 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1325)
`
`• Nokia CARK60 Installation Guide, dated August 1996 (Ex. 1326)
`
`• U.S. Patent No. 6,633,932 to Bork (Ex. 1327)
`
`• Nokia 9000i and 9000il Product Information, available at http://tech-
`
`insider.org/mobile/research/1997/0910-b.html, dated 1998 (Ex. 1328)
`
`• U.S. Patent No. 6,211,649 to Matsuda (Ex. 1329)
`
`• Motomanual RAZR V3i GSM, Motorola, Inc., 2006 (Ex. 1330)
`
`• Archived web page of http://www.gsmarena.com/motorola_razr_v3i-
`
`1352.php accessed on February 24, 2015 through the December 20, 2005
`
`archive of http://web.archive.org, specifically,
`
`https://web.archive.org/web/20051220091300/http://www.gsmarena.com/m
`
`otorola_razr_v3i-1352.php (Ex. 1331)
`
`• U.S. Patent No. 7,123,936 to Rydbeck (Ex. 1332)
`
`
`
`-8-
`
`Samsung Ex. 1333 p. 11
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`
`
`II. OPINIONS REGARDING A PERSON OF
`ORDINARY SKILL IN THE ART
`
`19.
`
`I understand that the factors considered in determining the ordinary
`
`level of skill in a field of art include the level of education and experience of persons
`
`working in the field; the types of problems encountered in the field; and the
`
`sophistication of the technology. I understand that a person of ordinary skill in the
`
`art is not a specific real individual, but rather is a hypothetical individual having the
`
`qualities reflected by the factors above. I understand that a person of ordinary skill in
`
`the art would also have knowledge from the teachings of the art cited below.
`
`20.
`
`I understand that the application leading to the ‘641 patent was filed on
`
`November 9, 2012 as a continuation of U.S. Patent No. 8,521,140, which is a
`
`continuation of the U.S. Patent No. 7,953,390, which is a continuation of U.S. Patent
`
`No. 7,778,595, which is a continuation of U.S. Patent No. 7,324,833 (“the ‘833
`
`patent”), which is a continuation of U.S. Patent No. 7,187,947 (“the ‘947 patent”). I
`
`understand that the ‘641 patent claims priority to this chain of patent applications, the
`
`earliest of which is U.S. Patent Application No. 09/537,812 (“the ‘812 application”)
`
`(filed on March 28, 2000 and issued on March 6, 2007 as the ‘947 patent), followed by
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`U.S. Patent Application No. 10/947,755 (“the ‘755 application”) (filed on September
`
`23, 2004 and issued on January 29, 2008 as the ‘833 patent). I have been informed,
`
`however, that Petitioners dispute that the ‘641 patent is entitled to claim priority to
`
`the March 28, 2000 filing date of the ‘812 application and the September 23, 2004
`
`
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`-9-
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`Samsung Ex. 1333 p. 12
`
`
`
`filing date of the ‘755 application. I have further been informed that Petitioners
`
`contend that claims 1-3 and 5-14 of the ‘641 Patent are not entitled to a priority date
`
`earlier than at least January 16, 2008.
`
`21.
`
`In my opinion, the field of art pertinent to the ‘641 patent includes
`
`digitally stored content and delivery systems and methods for such content (see ‘641
`
`Patent (Ex. 1301) at 1:19-24 (“Field of the Disclosure”)), and a person of ordinary
`
`skill in the art relating to the technology of the ‘641 patent as of January 16, 2008
`
`would have had a Bachelor’s degree in Electrical Engineering or Computer Science, or
`
`an equivalent field, and approximately 1-2 years of experience in working with
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`client/server architectures, Internet transmission protocols, wireless transmission
`
`protocols, Internet browser programming, and streaming media transmission.
`
`22.
`
`In 2000, I would have exceeded the level of skill required by the above
`
`definition, and I am in a position to opine on the understanding of a person of
`
`ordinary skill in the art as of that date. Likewise, in 2008, I would have exceeded the
`
`level of skill required by the above definition, and I am in a position to opine on the
`
`understanding of a person of ordinary skill in the art as of that date.
`
`III. THE ‘641 PATENT
`
`A. Overview of the ‘641 Patent
`
`23. The ‘641 patent discusses a “System and method for managing media.”
`
`The supposed invention of the ‘641 patent is described as allowing users to select
`
`multimedia content that is available on the Internet, such as “on-line radio stations,
`
`
`
`-10-
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`Samsung Ex. 1333 p. 13
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`
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`on-line broadcasts, [or] streaming audio” and deliver that content to a PC or portable
`
`audio player. Ex. 1301 at 3:57-4:1. According to the ‘641 patent, available audio
`
`content may be accessed via links in a Web browser. See, e.g., id. at 8:22-25, 11:3-14.
`
`Audio content may be transmitted to an electronic device via high-speed
`
`communication until enough information has been communicated and buffered into a
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`memory. Upon communication of a certain percentage of the selected audio
`
`information, slower communication rates may then be used to communicate
`
`additional selected audio information. See id. at 7:7-17.
`
`24. The ‘641 patent also discusses the ability to communicate audio
`
`information from a portable electronic device to a second device. For example, the
`
`‘641 patent states:
`
`In yet another embodiment, electronic device 300 may be configured as
`
`a component operable to receive selective information via wireless
`
`communication and communicate the information to a second electronic
`
`device such as an automobile sound system, home stereo, etc.
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`For example, electronic device 300 may utilize transceiver 301 to receive
`
`wirelessly communicated information. Electronic device 300 may then
`
`be coupled to an automobile sound system using an interface and
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`communicate the received information to the automobile sound system.
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`In this manner, electronic device 300 may be used to provide the
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`automobile sound system with audio files received via wireless
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`communication. Id. at 9:31-43.
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`
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`-11-
`
`Samsung Ex. 1333 p. 14
`
`
`
`25. The ‘641 patent further discloses in two places that “Bluetooth” may be
`
`used to communicate audio information. First, the ‘641 patent states “In some
`
`embodiments, the wireless communication may involve communicating via a high-
`
`speed, low power microwave wireless link. For example, the wireless link may include
`
`a Bluetooth link, which may operate around 2.4 GHz.” Ex. 1301 at 2:39-43. The
`
`‘641 patent also states that “In another embodiment, electronic device 300 may be
`
`operable to communicate the received audio information to an audio system via a
`
`localized communications-signaling network. One such network may include utilizing
`
`‘Bluetooth’ communication standard, used to provide communication between
`
`electronic devices in a proximal setting.” Ex. 1301 at 9:44-49. The ‘641 patent does
`
`not disclose the use of Bluetooth with an asynchronous channel.
`
`26. The only disclosure of “asynchronous” in the ‘641 patent specification is
`
`found in column 6, which states “The present invention may allow for a relative
`
`increase in transmission speed by removing the requirement that information be
`
`communicated asynchronously to an electronic device. For example, conventional
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`wireless communication utilizes a specified frequency to communicate information in
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`two directions (i.e., cellular phones). As such, information is communicated across a
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`channel in an asynchronous manner to provide a continuous audio signal to the
`
`recipient. The present invention advantageously allows for signals to be transmitted to
`
`an electronic device in a less than asynchronous manner. For example, if a user
`
`selected a song to be wirelessly communicated to an electronic device, system 100
`
`
`
`-12-
`
`Samsung Ex. 1333 p. 15
`
`
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`could communicate the information in a less than asynchronous manner allowing the
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`selected information to be transmitted efficiently thereby decreasing the overall
`
`download time for the selected audio information.” Ex. 1301 at 6:31-47.
`
`B.
`
`27.
`
`Claim Construction of ‘641 Patent Claims
`
`I have been informed that for purposes of this Inter Partes Review, the
`
`standard for claim construction of terms within the claims of the patent is the
`
`“broadest reasonable construction” in light of the specification, which is a different
`
`claim construction standard than what applies in federal district court litigation.
`
`28.
`
`I have been asked for purposes of this declaration to assume that the
`
`following terms have the meanings listed below:
`
`• “stream” (claim 1) means “transfer in a continuous stream”
`
`• “streaming audio signal” (claim 8) means “audio signal that is transferred in a
`
`continuous stream”
`
`• “[wireless] communication rate” (claims 6, 7 and 12) means “speed at which
`
`data is [wirelessly] transmitted”
`
`29.
`
`I understand that in IPR2014-01181, IPR2014-01182, and IPR2014-
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`01184, the Board construed the term “streaming audio signal” (claim 8) to mean
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`“audio signal that is transferred in a continuous stream” as indicated above. Ex. 1323
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`at 6-7; Ex. 1324 at 7-8; Ex. 1325 at 7-8. This is consistent with my understanding of
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`the meaning of “stream” and “streaming audio signal” as used in my expert reports in
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`IPR2014-01181, IPR2014-01182, and IPR2014-01184, where I was asked to assume
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`-13-
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`Samsung Ex. 1333 p. 16
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`
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`“stream” means “transfer as a flow of data” and “streaming audio signal” means
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`“audio signal transferred as a flow of data.” For all terms not specifically listed above,
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`I have been asked to assume that they have their plain and ordinary meaning under
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`the broadest reasonable interpretation in light of the specification.
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`IV. ANALYSIS OF THE ‘641 PATENT
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`30.
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`I have considered claims 1-3, 5-10 and 12 of the ‘641 patent, which read
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`as follows:
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`1. A music enabled communication system, comprising:
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`[1.A] a wireless telephone device, the device having
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`[1.B] (1) a display at least partially defining a front surface of the device,
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`(2) a housing component at least partially defining a back surface of the
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`device, (3) an enclosure located between the front surface and the back
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`surface,
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`[1.C] (4) a wireless communication module located within the enclosure,
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`[1.D] (5) a rechargeable power supply located within the enclosure,
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`[1.E] (6) a physical interface having a first and a second conductive path,
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`the physical interface operable to communicate data via the first
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`conductive path and to receive a recharging power for the rechargeable
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`power supply via the second conductive path, and
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`[1.F] (7) a memory system, located within the enclosure; and
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`[1.G] a collection of instructions stored in the memory system, the
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`collection of instructions operable when executed to communicate a
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`collection of information about media content available from the
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`wireless telephone device to a recipient device such that the recipient
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`device can use the collection of information to generate a graphical
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`-14-
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`Samsung Ex. 1333 p. 17
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`
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`menu comprising a selectable menu item associated with the available
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`media content,
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`[1.H] to utilize the wireless communication module to stream a signal
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`representing at least a portion of a song to the recipient device using a
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`given asynchronous wireless channel of a localized communications
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`signaling network,
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`[1.I] to recognize receipt of an incoming telephone call, and to alter an
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`outputting of the signal in connection with recognizing receipt of the
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`incoming telephone call.
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`2. The system of claim 1, wherein the wireless communication module is
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`compliant with a Bluetooth standard.
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`3. The system of claim 2, further comprising
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`[3.A] an email client operable to communicate with an email server,
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`[3.B] a voicemail client operable to communicate with a voice mail
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`server, and
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`[3.C] a browser operable to communicate with an Internet server.
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`5. The system of claim 2, wherein the collection of instructions
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`comprises a set of hands-free telephone instructions operable when
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`executed to allow the wireless telephone device to operate in a hands-
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`free mode when the wireless telephone device is wirelessly coupled with
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`a wireless component of an automobile.
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`6. The system of claim 1, wherein
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`[6.A] the display makes up more than half of the front surface and
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`-15-
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`Samsung Ex. 1333 p. 18
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`
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`[6.B] the wireless telephone device is operable to receive a collection of
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`data representing a media at a hybrid of wireless communication rates
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`that includes at least one faster rate and one slower rate.
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`7. The system of claim 1, further comprising
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`[7.A] a buffer memory located within the enclosure,
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`[7.B] wherein the wireless telephone device is operable to receive media
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`content as a series of component parts, further wherein the wireless
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`telephone device is operable to receive a component part of the media
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`content at a wireless communication rate and a different component part
`
`of the media content at a different wireless communication rate, wherein
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`the wireless telephone device is operable to cause a change in
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`communication rates at which a given component part is received based
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`at least partially upon an amount of data located in the buffer memory.
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`8. A system for wirelessly communicating musical content, comprising:
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`[8.A] a portable electronic device having a processor operable to play an
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`audio file that represents a song;
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`[8.B] a memory communicatively coupled to the processor and
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`configured to store a plurality of audio files; and
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`[8.C] a wireless communication module communicatively coupled to the
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`processor and operable to communicate a streaming audio signal that
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`represents a playing of the song to a recipient device via a localized
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`communications signaling network in response to a selection of a
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`selectable menu item presented on a recipient device display,
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`[8.D] wherein the wireless communication module is compliant with a
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`Bluetooth standard,
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`-16-
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`Samsung Ex. 1333 p. 19
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`
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`[8.E] further wherein the wireless communication module is configured
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`to communicate at least a portion of the streaming audio signal to the
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`recipient device using an asynchronous channel.
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`9. The system of claim 8, wherein
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`[9.A] the portable electronic device is operable as a wireless telephone
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`device and has
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`[9.B] (1) a display at least partially defining a front surface of the device,
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`(2) a housing component at least partially defining a back surface of the
`
`device, (3) an enclosure located between the front surface and the back
`
`surface,
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`[9.C] (4) a rechargeable power supply located within the enclosure, and
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`[9.D] (5) a non-circular physical interface having a first and a second
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`conductive path, the non-circular physical
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`interface operable to
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`communicate data via the firs