Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`ServiceNow, Inc.
`Petitioner
`
`v.
`
`BMC Software, Inc.
`Patent Owner
`
`U.S. Patent No. 6,816,898
`Filing Date: August 16, 2000
`Issue Date: November 9, 2004
`
`TITLE: INTERFACING EXTERNAL METRICS INTO
`A PERFORMANCE MANAGEMENT SYSTEM
`
`DECLARATION OF TAL LAVIAN, PH.D.
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`
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`ServiceNow's Exhibit No. 1002
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`001
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`I.
`II.
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`V.
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`Table of Contents
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`
`Page
`BRIEF SUMMARY OF MY OPINIONS ...................................................... 1
`INTRODUCTION AND QUALIFICATIONS .............................................. 3
`A. Qualifications and Experience ............................................................. 3
`B. Materials Considered ............................................................................ 7
`III. PERSON OF ORDINARY SKILL IN THE ART ......................................... 9
`IV. RELEVANT BACKGROUND .................................................................... 11
`A. Network Management ........................................................................ 11
`B.
`Scripts and Scripting Languages ........................................................ 16
`THE ’898 PATENT’S TECHNIQUE FOR COLLECTING
`PERFORMANCE MANAGEMENT DATA............................................... 21
`A.
`The Specification ................................................................................ 21
`B.
`The Claims of the ’898 Patent ............................................................ 24
`C.
`Claim Construction............................................................................. 25
`1.
`“meta data” ............................................................................... 26
`2.
`“accompanying” ....................................................................... 27
`3.
`“service monitor” ..................................................................... 29
`4.
`“performance management data” ............................................. 31
`5.
`“business-oriented performance management data” ............... 32
`VI. APPLICATION OF PRIOR ART TO CLAIMS 1-12 OF THE ’898
`PATENT ....................................................................................................... 34
`A.
`Summary of Prior Art References Applied in this Declaration ......... 34
`1. Miller (Ex. 1003)...................................................................... 34
`2.
`Kernighan and O’Reilly (Exs. 1004, 1005) ............................. 42
`B. Application of the Prior Art to Claims 1-12....................................... 43
`1.
`Claim 1 is Disclosed or Suggested by Miller .......................... 43
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`-i-
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`Table of Contents
`(continued)
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`Page
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`(a)
`
`“collecting performance management data having
`accompanying meta data, the meta data including
`information defining the performance management
`data and information indicating operations to be
`performed on the performance management data”
`(Claim 1[a]) ................................................................... 43
`(i)
`“collecting performance management data” ....... 43
`(ii)
`the performance management data “having
`accompanying meta data, the meta data
`including information defining the
`performance management data” .......................... 46
`(iii) “accompanying meta data” that includes
`“information indicating the operations to be
`performed on the performance management
`data” ..................................................................... 51
`“generating output data for display using the
`collected performance management data according
`to the information indicating the operations to be
`performed on the performance management data”
`(Claim 1[b]) ................................................................... 53
`Claim 2 is Disclosed or Suggested by Miller .......................... 54
`(a)
`“a performance management system receiving at
`least one script-based program” .................................... 54
`“running the script-based program via the
`performance management system to periodically
`collect the performance management data from
`components in a network” ............................................. 56
`Claim 3 is Disclosed or Suggested by Miller .......................... 58
`(a)
`“integrating the at least one script-based program
`into the performance management system as a
`service monitor”............................................................. 58
`“using the service monitor to periodically collect
`the performance data” .................................................... 59
`
`(b)
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`(b)
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`(b)
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`2.
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`3.
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`-ii-
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`4.
`5.
`6.
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`7.
`8.
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`Table of Contents
`(continued)
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`(b)
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`(c)
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`(d)
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`Page
`Claim 4 is Disclosed or Suggested by Miller .......................... 60
`Claim 5 is Disclosed or Suggested by Miller .......................... 62
`Claim 6 is Disclosed or Suggested by Miller .......................... 63
`(a)
`[Preamble] “[a] method for providing an interface
`between a user and a performance management
`system” .......................................................................... 63
`[Preamble] “the performance management system
`being connected with a network” .................................. 64
`[Preamble] “the network including a plurality of
`components coupled by a plurality of connections” ..... 64
`[Preamble] “the performance management system
`collecting data of the components” ............................... 65
`“receiving at least one script-based program from
`the user, the script-based programs defining data
`types not provided by the performance
`management system” (Claim 6[a]) ................................ 66
`“integrating the program to the performance
`management system as a service monitor, the
`performance management system using the service
`monitor to periodically collect data of the defined
`data types from the components” (Claim 6[b]) ............. 68
`Claim 7 is Disclosed or Suggested by Miller .......................... 69
`Claim 8 is Disclosed or Suggested by Miller, Kernighan
`and O’Reilly ............................................................................. 72
`(a)
`“receiving input from the user, the input specifying
`a rate at which the service monitor polls the
`components” (Claim 8[a]) ............................................. 73
`“receiving input from the user, the input specifying
`names, types and units of input parameters and
`output variables of the script-based program”
`(Claim 8[b]) ................................................................... 74
`
`(e)
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`(f)
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`(b)
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`-iii-
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`Table of Contents
`(continued)
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`(c)
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`Page
`“using the input from the user to setup the program
`as a service monitor of the performance
`management system” (Claim 8[c]) ................................ 84
`Claim 9 is Disclosed or Suggested by Miller .......................... 85
`9.
`10. Claim 10 is Disclosed or Suggested by Miller ........................ 85
`11. Claim 11 is Disclosed or Suggested by Miller ........................ 87
`12. Claim 12 is Disclosed or Suggested by Miller ........................ 89
`Enablement ......................................................................................... 90
`C.
`VII. CONCLUSION ............................................................................................. 93
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
`
`I, Tal Lavian, Ph.D., declare as follows:
`
`1.
`
`I have been retained by counsel for ServiceNow, Inc. (“Petitioner”) in
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`this case as an expert in the relevant art.
`
`2.
`
`I have been asked to provide my opinions relating to claims 1-12 of
`
`U.S. Patent No. 6,816,898 to Joe Scarpelli et al. (“’898 patent”), which I
`
`understand is owned by BMC Software, Inc. (“Patent Owner” or “BMC”).
`
`I.
`
`BRIEF SUMMARY OF MY OPINIONS
`
`3.
`
`Claims 1-12 of the ’898 patent, generally speaking, purport to disclose
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`methods for collecting performance management data from monitored computers
`
`on a network and displaying that information. The data collection can be
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`performed by a “script-based program.” As the title of the ’898 patent (“Interfacing
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`External Metrics Into A Performance Management System”) suggests, a purpose of
`
`the methods of the ’898 patent is to facilitate collecting performance management
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`data from external sources and incorporating that external data into a larger
`
`performance management system. The claims do not describe anything that was
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`new or non-obvious by August 2000, the earliest date listed on the face of the ’898
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`1
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`patent.
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`ServiceNow's Exhibit No. 1002
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`

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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`4.
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`As explained in detail in Part VI of this Declaration, the features
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`described in claims 1-7 and 9-12 were disclosed and/or suggested in a publication
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`entitled “satool—A System Administrator’s Cockpit, An Implementation,” by
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`Todd Miller et al. (“Miller”), which pre-dates the filing date of the ’898 patent by
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`almost seven years. In broad overview, Miller discloses a system called “satool”
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`for monitoring and managing the performance of a large number of computers in a
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`distributed environment. The satool system uses “helper scripts” that collect data
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`from monitored computers and displays that data to a system administrator. A user
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`of satool can extend the functionality of the system by writing his or her own
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`helper scripts and integrating them into the satool system by following a few
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`straightforward steps that Miller outlines. As with the ’898 patent, a purpose of the
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`“helper scripts” is to collect data that may not normally be integrated into a
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`performance management system. Claim 8 is disclosed and/or suggested by Miller
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`in view of Brian W. Kernighan et al., The C Programming Language (2d ed. 1988),
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`and Tim O’Reilly et al., Windows 98 in a Nutshell (1999), which describe basic
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`aspects of computer programming and administration.
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`2
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`

`
`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
`
`II.
`
`INTRODUCTION AND QUALIFICATIONS
`A. Qualifications and Experience
`I possess the knowledge, skills, experience, training and the education
`5.
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`to form an expert opinion and testimony in this case. A detailed record of my
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`professional qualifications, including a list of patents and academic and
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`professional publications, is set forth in my curriculum vitae attached to this
`
`declaration as Exhibit A.
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`6.
`
`I have more than 25 years of experience in the networking,
`
`telecommunications, Internet, and software fields. I received a Ph.D. in Computer
`
`Science from the University of California at Berkeley in 2006 and obtained a
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`Master’s of Science (“M.Sc.”) degree in Electrical Engineering from Tel Aviv
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`University, Israel, in 1996. In 1987, I obtained a Bachelor of Science (“B.Sc.”) in
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`Mathematics and Computer Science, also from Tel Aviv University.
`
`7.
`
`I am currently employed by the University of California at Berkeley
`
`and was appointed as a lecturer and Industry Fellow in the Center of
`
`Entrepreneurship and Technology (“CET”) as part of UC Berkeley College of
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`Engineering. I have been with the University of California at Berkeley since 2000
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`where I served as Berkeley Industry Fellow, Lecturer, Visiting Scientist, Ph.D.
`3
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`Candidate, and Nortel’s Scientist Liaison, where some positions and projects were
`
`done concurrently, others sequentially.
`
`8.
`
`I have more than 25 years of experience as a scientist, educator and
`
`technologist, and much of my experience relates to computer networking
`
`technologies. For eleven years from 1996 to 2007, I worked for Bay Networks and
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`Nortel Networks. Bay Networks was in the business of making and selling
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`computer network hardware and software. Nortel Networks acquired Bay
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`Networks in 1998, and I continued to work at Nortel after the acquisition.
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`Throughout my tenure at Bay and Nortel, I held positions including Principal
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`Scientist, Principal Architect, Principal Engineer, Senior Software Engineer, and
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`led the development and research involving a number of networking technologies.
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`I led the efforts of Java technologies at Bay network and Nortel Networks. In
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`addition, during 1999-2001, I served as the President of the Silicon Valley Java
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`User Group with over 800 active members from many companies in the Silicon
`
`Valley.
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`9.
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`Prior to that, from 1994 to 1995, I worked as a software engineer and
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`team leader for Aptel Communications, designing and developing mobile wireless
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`4
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`devices and network software products. From 1990 to 1993, I worked as a software
`
`engineer and team leader at Scitex Ltd., where I developed system and network
`
`communications tools (mostly in C and C++).
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`10.
`
`I have extensive experience in the area of network communications
`
`and Internet technologies including design and implementation of computer-based
`
`systems for managing communications networks, including the ability to monitor
`
`and provision networks. While with Nortel Networks and Bay Networks
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`(mentioned above) my work involved the research and development of these
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`technologies. For example, I wrote software for Bay Networks and Nortel
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`Networks Web based network management for Bay Networks switches. I
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`developed Simple Network Management Protocol (SNMP) software for Bay
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`Network switches and software interfaces for Bay Networks’ Optivity Network
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`Management System. I wrote software for Java based device management
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`including software interface to the device management and network management
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`for the Accelar routing switch family network management system.
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`11.
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`I have extensive experience in network communications, including
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`control and management of routing and switching architectures and protocols in
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`5
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`layers 1-7 of the OSI model. Much of my work for Nortel Networks (mentioned
`
`above) involved the research and development of network communications
`
`technologies. For example, I wrote software for Bay Networks and Nortel
`
`Networks switches and routers, developed network technologies for the Accelar
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`8600 family of switches and routers, the OPTera 3500 SONET switches, the
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`OPTera 5000 DWDM family, and the Alteon L4-7 switching product family. In
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`my lab, I installed, configured, managed and tested many network communications
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`equipment of competitors such as Cisco Systems, Juniper Networks, Extreme
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`Networks, Lucent and Alcatel.
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`12.
`
`I am named as a co-inventor on more than 80 issued patents and I co-
`
`authored more than 25 scientific publications, journal articles, and peer-reviewed
`
`papers. Furthermore, I am a Senior Member of the Institute of Electrical and
`
`Electronics Engineers (“IEEE”).
`
`13.
`
`I currently serve as a Principal Scientist at my company Telecomm
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`Net Consulting Inc., where I develop network communication technologies and
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`provide research and consulting in advanced technologies, mainly in computer
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`networking and Internet technologies. In addition, I serve as a Co-Founder and
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`6
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`Chief Technology Officer (CTO) of VisuMenu, Inc., where I design and develop
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`architecture of visual IVR technologies for smartphones and wireless mobile
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`devices in the area of network communications. The system is based on cloud
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`networking and cloud computing utilizing Amazon Web Services.
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`14. Additional details of my background are set forth in my curriculum
`
`vitae, attached as Exhibit A to this Declaration, which provides a more complete
`
`description of my educational background and work experience. I am being
`
`compensated for the time I have spent on this matter. My compensation does not
`
`depend in any way upon the outcome of this proceeding. I hold no interest in the
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`Petitioner (ServiceNow, Inc.) or the patent owner (BMC Software, Inc.).
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`B. Materials Considered
`15. The analysis that I provide in this Declaration is based on my
`
`education and experience in the field of computer systems and networks, as well as
`
`the documents I have considered including U.S. Patent No. 6,816,898 (“’898
`
`patent”) [Ex. 1001], which states on its face that it issued from an application filed
`
`on August 16, 2000.
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`16.
`
`I reviewed various documents dated prior to August 2000 describing
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`7
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`the state of the art at the time of the alleged invention of the ’898 patent. As
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`explained below, some of these documents are relied upon as actually disclosing
`
`the limitations of the ’898 patent, while others are being relied upon primarily for
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`background purposes. The prior art documents that I rely upon in this Declaration
`
`as actually disclosing the limitations of the claims are:
`
`Exhibit No.
`
`Description of Document
`
`1003
`
`1004
`
`Todd Miller et al., “satool – A System Administrator’s Cockpit, An
`Implementation,” Proceedings of the 7th USENIX Conference on
`System Administration (1993), pp. 119-129
`
`Brian W. Kernighan et al., The C Programming Language (2d ed.
`1988)
`
`1005
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`Tim O’Reilly et al., Windows 98 in a Nutshell (1999)
`
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`This Declaration also cites the following additional prior art documents for
`
`purposes of describing the relevant technology, including the relevant state of the
`
`art at the time of the alleged invention of the ’898 patent:
`
`Exhibit No.
`
`Description of Document
`
`1006
`
`1007
`
`Evi Nemeth et al., UNIX System Administration Handbook (1989)
`
`Request for Comments (RFC) 1067, A Simple Network
`Management Protocol (August 1988)
`
`8
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`
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`
`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
`
`Exhibit No.
`
`Description of Document
`
`1008
`
`1009
`
`1010
`
`1011
`
`Heinz-Gerd Hegering et al., Integrated Management of Networked
`Systems (1999)
`
`Randal L. Schwartz et al., Learning Perl (2d ed. 1997)
`
`Microsoft Press Computer Dictionary (3d ed. 1997)
`
`Random House Webster’s College Dictionary (2000)
`
`
`III. PERSON OF ORDINARY SKILL IN THE ART
`I understand that an assessment of claims of the ’898 patent should be
`17.
`
`undertaken from the perspective of a person of ordinary skill in the art as of the
`
`earliest claimed priority date, which I understand is August 16, 2000.
`
`18. As I explain in more detail in Parts IV-V below, the ’898 patent
`
`relates to the field of network management and generally describes a method for
`
`collecting performance management data, such as server response time, having
`
`accompanying meta data. (’898, Abstract, 1:63-2:1.) The data can be collected
`
`using a script-based program that can be integrated into a larger performance
`
`management system. (’898, 7:28-30, 8:17-19.) This field of technology was well
`
`developed by 2000. In fact, in the “Background of the Invention,” the patent
`
`acknowledges the existence of prior art performance management systems that
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`9
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`

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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`collect performance management data. (’898, e.g., 1:38-41 (“Typical network
`
`management systems collect information regarding the operation and performance
`
`of the network and analyze the collected information to detect problems in the
`
`network.”).)
`
`19.
`
`In my opinion, a person of ordinary skill in the art as of August 2000
`
`would possess at least a bachelor’s degree in electrical engineering or computer
`
`science (or equivalent degree or experience) with at least four years of computer
`
`programming experience. Such a person would also have had an understanding of
`
`computer systems and networks, the software for monitoring the operation and
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`performance of those systems and networks (such as Network Management
`
`Systems software), and the tools for creating such software, including experience
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`with various scripting and programming languages (such as shell scripting
`
`languages (e.g., csh and sh), Perl and C).
`
`20. My opinions regarding the level of ordinary skill in the art are based
`
`on, among other things, the disclosure, technology and background of the ’898
`
`patent as I explain in Parts IV-V below, my experience in the field as described in
`
`Part II above, and my understanding of the basic qualifications that would be
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`10
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
`
`
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`relevant to an engineer or computer programmer tasked with implementing the
`
`methods described in the ’898 patent.
`
`21. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis and
`
`opinions regarding the ’898 patent have been based on the perspective of a person
`
`of ordinary skill in the art as of August 2000.
`
`IV. RELEVANT BACKGROUND
`22. The ’898 patent, entitled “Interfacing External Metrics into a
`
`Performance Management System,” relates to the field of network management
`
`and generally describes a method for collecting performance management data,
`
`such as server response time, having accompanying metadata. (’898, Abstract,
`
`1:63-2:1.) The data can be collected using a script-based program that can be
`
`integrated into a larger performance management system. (’898, 7:28-30, 8:17-19.)
`
`23.
`
`In this section, I provide a brief background of the state of network
`
`management prior to August 2000 pertinent to the ’898 patent.
`
`A. Network Management
`24. By the 1980s, businesses and enterprises frequently used computers
`
`that were connected to a network (commonly known as a “Local Area Network”
`11
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`(LAN)), which allowed the computers to communicate with each other using a
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`network communications technology such as Ethernet. As the number of devices
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`connected to a network increased, so did the need for software tools to monitor and
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`manage those devices. An entire field referred to as “network management” grew
`
`out of this need. For example, in August 1988, a standardized protocol known as
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`the Simple Network Management Protocol (“SNMP”) was introduced and remains
`
`in wide use today. (See RFC 1067, A Simple Network Management Protocol
`
`(August 1988), Ex. 1007, § 1.) SNMP, as its name suggests, provides a simple
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`protocol that allows one “network element” (such as a computer) to gather
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`information about and monitor another network element.
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`25. The protocol provides a means by which “management information
`
`for a network element may be inspected or altered by logically remote users.” (Id.,
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`§ 1.) Each network element contains a software program known as an “agent” that
`
`is responsible for responding to SNMP requests from the network management
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`“station” (“NMS”). The SNMP agent can, for example, gather information about
`
`the network element and report that information back to the management station.
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`12
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`(Id., § 3.)
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`26. As suggested by the name, the SNMP protocol is very simple. In
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`general, the NMS requests information from a device, and the SNMP software
`
`agent for the device gathers the specific information and sends it back to the NMS.
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`SNMP defines simple “get” and “set” functionality to get (or set) a specific value
`
`on a device. For example, an NMS can ask a network device for the number of
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`ports using “get” request, and the and the device will reply with the value (e.g.,
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`request: “how many ports do you have?”; response: “I have 12 ports”).
`
`27. A key component of network management using SNMP is a
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`“Management Information Base,” also referred to by its acronym, “MIB.”
`
`Generally speaking, a MIB is a collection of variables that describe characteristics
`
`about a particular network element being monitored (such as a computer). (See
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`Heinz-Gerd Hegering et al., Integrated Management of Network Systems (1999)
`
`(“Hegering”), Ex. 1008, at 158.) MIB “variables” are also sometimes referred to
`
`as MIB “objects.” (Id.) A MIB is typically associated with an SNMP agent.
`
`28. The structure of an SNMP agent’s MIB is defined by what is called an
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`“Internet MIB.” (Id.) The term “Internet MIB” (also known as a “TCP/IP MIB”)
`
`does not refer to the idea that the MIB is accessible anywhere through the Internet.
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`The term “Internet MIB” instead refers to the fact that MIBs defined by that
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`structure contain variables related to the TCP/IP standard. (TCP/IP, which stands
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`for Transmission Control Protocol/Internet Protocol, is a basic communications
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`protocol used for communication over the Internet.) An Internet MIB specifies
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`which variables appear in an SNMP agent’s MIB, how the variables are structured,
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`which meaning they incorporate, and how they can be identified. (Id.) The
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`variables in an Internet MIB are related hierarchically. (Id.) An example of this
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`hierarchical relationship is depicted below:
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`(Hegering, at 160 (Fig. 6.2 (excerpt)).) As the figure above shows, the variable
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`“ipInReceives” and the table “ipRouteTable” are children of an “ip” group. The
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`“ipRouteTable” includes an “ipRouteEntry” child, which in turn includes
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`“ipRouteDest” and “ipRouteNextHop” child variables.
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`29. As I mentioned above, an Internet MIB, such as the one excerpted
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`above, defines which variables will appear in an SNMP agent’s MIB and their
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`structure. The figure below provides a helpful illustration of the conceptual
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`relationship between an Internet MIB and an SNMP agent’s MIB:
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`(Hegering, at 160 (Figure 6.2).) The figure above shows, for example, that the
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`“ipInReceives” variable from the Internet MIB has been included in the SNMP
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`agent’s MIB and has a value of 25, which can be queried by the manager (or
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`network management station) using SNMP.
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`Scripts and Scripting Languages
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`“Scripts” were well-known to persons of ordinary skill in the art by
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`B.
`30.
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`August 2000. As the ’898 patent acknowledges, script-based programs were
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`already being used in a computer and network management context before August
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`2000. (’898, 2:9-17.) In fact, scripts pre-date the ’898 patent by decades. For
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`example, scripts were used on IBM mainframe computers in the 1950s. The first
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`PCs were introduced with BASIC as a scripting language in the early 1980s.
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`31. Generally speaking, a script consists of instructions written in a plain
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`text, interpretable language. This means that, in contrast to an executable program
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`(or binary), which is executed directly by a microprocessor (or CPU), the
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`instructions specified in a script are carried out by another program called an
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`interpreter. The interpreter program itself may be an executable program that is
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`executed by the CPU.
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`32. There are many computer programming languages for writing scripts.
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`The ’898 patent, for example, refers to shell script languages and Perl. (’898, 7:18-
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`20.) One shell script language, called “sh” or the “Bourne shell,” dates from 1977
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`when it was included in Bell Laboratories’ legendary UNIX operating system.
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`Another, called “csh” or “C Shell,” was initially released in 1978 and distributed
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`with the Berkeley Sockets Distribution (“BSD”) of UNIX. Perl, which is short for
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`“Practical Extraction and Reporting Language,” was originally developed in 1987.
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`33. To provide a basic illustration how scripts can work in practice, I will
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`now describe two examples of Perl scripts that were created for this Declaration.
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`The first is extremely simple:
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`#!/usr/bin/perl
`print "hello world";
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`The first line, also called the “shebang” line, identifies the name and location of the
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`Perl interpreter software that reads and carries out the instructions specified in the
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`script. In this case, the interpreter is located in the directory /usr/bin and named
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`perl. The second line is simply an instruction to print out the string “hello world.”
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`(See generally Randal L. Schwartz et al., Learning Perl (2d ed. 1997)
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`(“Schwartz”), Ex. 1009, at 5-6.)
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`34. This script can then be saved in a text file on the computer, such as a
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`file called “hello_world.pl.” (See generally Schwartz, Ex. 1009, at 3-4.) The script
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`could then be executed by simply typing the file name into the prompt and pressing
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`the “Enter” key, as shown below:
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`This will cause the Perl interpreter to be invoked, which in turn will interpret the
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`instructions in the script. In this example, it will interpret and carry out the
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`instruction (print "hello world";) by printing the string to the display and then
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`returning to the command line prompt:
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`35. A Perl script can also be used to execute another program. (See
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`generally Schwartz, Ex. 1009, at 145.) For example, the UNIX operating system
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`typically includes a program called “date” that when executed outputs the current
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`date and time, as shown below:
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`36. A simple Perl script to execute the “date” program and print the result
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`
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`is as follows:
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`#!/usr/bin/perl
`my $date = `date`;
`print "The current date and time: $date";
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`(See generally Schwartz, Ex. 1009, at 145.) As with the previous example, the first
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`line identifies the name and location of the Perl interpreter program. The second
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`line is an instruction to execute the date program and store the output of that
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`program into a variable named $date. The third line is an instruction to print
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`introductory text “The current date and time: ” followed by the value of the $date
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`variable. Saving the above lines of Perl code to a file named “date.pl” and
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`executing it using the command line interface produces the following output:
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`Declaration of Tal Lavian, Ph.D., in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 6,816,898
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`V. THE ’898 PATENT’S TECHNIQUE FOR COLLECTING
`PERFORMANCE MANAGEMENT DATA
`A. The Specification
`37. As I mentioned in P