`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT ORPORATION
`
`Petitioner
`
`PARALLEL NETWORKS LICENSING LLC
`Patent Owner
`
`Patent No 5894554
`
`Issued April 13 1999
`
`Filed April 23 1996
`
`Title
`
`Inventors Keith Lowery Andrew
`Levine and Ronald
`Howell
`SYSTEM FOR MANAGING DYNAMIC WEB PAGE GENERATION
`REQUESTS BY INTERCEPTING REQUEST AT WEB SERVER AND
`ROUTING TO PAGE SERVER THEREBY RELEASING WEB SERVER TO
`PROCESS OTHER REQUESTS
`
`Inter Partes Review No 1PR2015-00483
`
`DECLARATION OF DR DANIEL ANDRE SEN REGARDING THE PUBLICATION OF
`SWEB TOWARDS
`SCALABLE WORLD WIDE WEB SERVER ON
`MULTICOMPUTERS
`
`Petitioner IBM – Ex. 1040, p. 1
`
`
`
`DECLARATION OF DR DANIEL ANDRESEN REGARDING THE
`PUBLICATION OF SWEB TOWARDS
`SCALABLE WORLD WIDE
`WEB SERVER ON MULTICOMPUTERS
`
`Daniel Andresen do hereby declare and state
`
`am citizen of the United States and reside at 1609 Sunnyslope Lane
`
`Manhattan Kansas
`
`The following is based on my personal knowledge
`
`am presently an Associate Professor in the Department of Computing and
`
`Information Sciences and Director of the Institute for Computational
`
`Research in Engineering and Science at Kansas State University
`
`obtained my Ph.D in Computer Science from the University of California
`Santa Barbara UCSB My Ph.D thesis was titled SWEB
`Distributed Scheduling and Software Support for High Performance WWW
`
`Applications
`
`While working on my thesis at UCSB co-authored Technical Report
`TRCS95-17 titled SWEB Towards
`
`Scalable World Wide Web Server on
`
`Multicomputers hereinafter SWE.B 95 along with Tao Yang Vegard
`
`Holmedahi and Oscar Ibarra
`
`true and correct copy of SWEB 95 is
`
`attached to this declaration as Exhibit
`
`Petitioner IBM – Ex. 1040, p. 2
`
`
`
`As the principal author of this report which closely relates to the subject
`
`matter of my Ph
`
`thesis have personal knowledge of and clearly
`
`recollect the completion and publication of SWEB 95
`
`have personal knowledge that SWEB 95 was completed in September
`
`1995
`
`The content of SWEB 95 confirms my recollection that SWEB 95 was
`
`completed in September 1995 For example pages 1-2 of SWEB 95 explain
`
`that the next version of
`
`certain system will be available at the end of 1995
`
`As another example each of the references listed in SWEB 95s
`
`bibliography is dated prior to September 1995
`
`My recollection of the September 1995 completion of SWEB 95 is
`
`confirmed by
`
`later article that
`
`co-authored in 1996 also titled SWEB
`
`Towards
`
`Scalable World Wide Web Server on Multicomputers
`
`hereinafter SWEB 96 SWEB 96 lists SWEB 95 in its bibliography and
`
`provides its date of publication as September 1995 SWEB 96 was itself
`
`published in the IEEEs Proceedings of IPPS 96 In addition presented
`
`SWEB 96 in April 1996 at IPPS 96 the 10th International Parallel
`
`Processing Symposium true and correct copy of SWEB 96 is attached to
`
`this declaration as Exhibit
`
`Petitioner IBM – Ex. 1040, p. 3
`
`
`
`10
`
`SWEB 95 was publically available at least by the end of September 1995
`
`Specifically SWEB 95 was made publically available in September 1995 at
`
`least by its placement on the website of UCSBs Computer Science
`
`Department SWEB 95 was available on that website without any
`
`confidentiality restrictions and was accessible by the end of September 1995
`
`to anyone with access to the World Wide Web
`
`11 My personal knowledge of the publication of SWEB 95 on the website of
`
`UCSBs Computer Science Department
`
`is confirmed by SWEB 96 SWEB
`
`96s bibliography provides that SWEB 95 was available at
`
`Up I/www s.ucsb.eduesearch/rpid
`
`sweb/SWEBhtrnl
`
`This URL
`
`identifies the website on which SWEB 95 was made available in September
`
`of 95 and comports with my recollection
`
`12
`
`The website on which SWEB 95 was made publically available in
`
`September of 95 was commonly used even before September 1995 by
`
`members of the UCSB Computer Science Department
`
`to publish technical
`
`papers concerning networking and other computer science related topics
`
`That web site was also well known in the national and international academic
`
`communities as
`
`source of technical publications from the UCSB Computer
`
`Science Department Moreover papers on that website could be located by
`
`computer search either by author or keyword and by personal request
`
`Petitioner IBM – Ex. 1040, p. 4
`
`
`
`13 My recollection of the publication of SWEB 95 on the UCSB Computer
`
`Science Departments website in 1995 is also confirmed by the current
`
`version of the Departments website Activating the Tech Reports link in
`
`the Research menu of the website leads to
`
`listing of the Departments
`
`Technical Reports Browsing that
`
`lists leads to
`
`page from which SWEB
`
`95 can be downloaded
`
`po il.W
`
`12 That page provides
`
`September
`
`1995 date for SWEB 95 lists 1995
`
`17 as the identifier for SWEB 95 and has
`
`link from which SWEB 95 can
`
`be downloaded with the filename l99547.ps
`
`true and correct copy of
`
`the page is attached to this declaration as Exhibit
`
`14 My personal knowledge of the publication of SWEB 95 in 1995 is further
`
`confirmed by my current curriculum vitae which lists SWEB 95 as having
`
`1995 date It
`
`is important
`
`to me that maintain an accurate listing of
`
`publications because as an academic my curriculum vitae is
`
`critical
`
`professional tool
`
`true and correct copy of my current CV is attached to
`
`this declaration as Exhibit
`
`15
`
`UCSBs Computer Science Departments practice of publishing Technical
`
`Reports on its website further confirms my recollection that SWEB 95 was
`
`published via the Departments website in 1995
`
`am familiar with what
`
`was UCSBs Computer Science Departments practice of publication of
`
`Petitioner IBM – Ex. 1040, p. 5
`
`
`
`technical reports such as SWEB 95 in the September 1995 time period This
`
`results from my experience as the author of multiple technical reports at
`
`UCSBs Computer Science Department
`
`including SWEB 95 and as
`
`researcher
`
`that located and read such technical reports As matter of
`
`routine technical reports authored by persons within UCSBs Computer
`
`Science Department were added to and linked from the Departments
`
`website when the report was completed
`
`Petitioner IBM – Ex. 1040, p. 6
`
`
`
`do hereby declare and state that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true and further that these statements were made with the
`
`knowledge that willful
`
`false statements and the like so made are punishable by fine
`
`or imprisonment under Section 1001 of Title 18 of the United States Code
`
`Executed on December 11 2014
`
`Dr Daniel Andresen
`
`Petitioner IBM – Ex. 1040, p. 7