Case 3:13-cv-00628-RCJ-VPC Document 65-8 Filed 09/18/15 Page 1 of 30
`
`
`Barry L. Breslow, Esq. (Resident Counsel)
`Nevada State Bar #3023
`Robison, Belaustegui, Sharp & Low
`A Professional Corporation
`71 Washington Street
`Reno, Nevada 89503
`Telephone: (775) 329-3151
`Emails: klow@rbsllaw.com;
`bbreslow@rbsllaw.com
`
`
`Steve W. Berman (pro hac vice)
`Nicholas S. Boebel (pro hac vice)
`Hagens Berman Sobol Shapiro LLP
`1918 Eighth Avenue, Suite 3300
`Seattle, WA 98101
`Telephone: (206) 268-9320
`Emails: steve@hbsslaw.com;
`nickb@hbsslaw.com
`
`
`Christopher D. Banys (pro hac vice)
`Richard C. Lin (pro hac vice)
`Banys, P.C.
`1032 Elwell Court, Suite 100
`Palo Alto, CA 94303
`Telephone: (650) 308-8505
`Emails: cdb@banyspc.com;
`rcl@banyspc.com
`
`
`Attorneys for Plaintiff
`Applications in Internet Time LLC
`
`UNITED STATES DISTRICT COURT
`
`
`
`DISTRICT OF NEVADA
`
`APPLICATIONS IN INTERNET TIME, LLC,
` Civil Action No.: 3:13-CV-00628-RCJ-VPC
`
`
`
`DECLARATION OF CRAIG
`ROSENBERG RE CLAIM
`CONSTRUCTION
`
`Plaintiff,
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`Defendant.
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`v.
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`
`SALESFORCE.COM, INC.,
`
`RPX Exhibit 1061
`RPX v. AIT
`IPR2015-01751
`
`DECLARATION OF CRAIG ROSENBERG RE CLAIM CONSTRUCTION
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`Case 3:13-cv-00628-RCJ-VPC Document 65-8 Filed 09/18/15 Page 2 of 30
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`I, Craig Rosenberg, hereby declare, affirm, and state the following:
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`1.
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`The facts set forth below are known to me personally and I have firsthand knowledge
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`of them.
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`2.
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`I make this Declaration in support of Plaintiff Applications In Internet Time, LLC’s
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`(“AIT”) proposed claim constructions in the above-captioned matter.
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`I.
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`Background
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`3.
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`I am a senior human factors engineer, user interface designer, and software architect
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`at Global Technica. A copy of my CV as well as a listing of my prior consulting engagements,
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`including cases in which I have testified as an expert at trial or by deposition in the last five years,
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`are attached as Exhibit 1 to this Declaration.
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`4.
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`I am being compensated at the rate of $325 per hour for my work in connection with
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`this matter. My compensation in this action is not dependent in any way on the contents of this
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`Declaration, the substance of any further opinions or testimony that I may provide, or on the ultimate
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`outcome of this action.
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`5.
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`I have reviewed U.S. Patent Nos. 7,356,482 (“the ‘482 patent”) and 8,484,111 (the
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`‘111 patent”) and their file histories. I understand that the ‘482 and ‘111 patents are related, and that
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`both patents claim priority to the same original patent application, U.S. Patent Application No.
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`09/215,898, filed on December 18, 1998.
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`6.
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`The ‘482 and ‘111 patents are both titled “Integrated Change Management Unit,” and
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`the patents relate generally to systems and methods for enabling individuals with knowledge of
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`business processes, rather than only computer programmers, to have responsibility for application
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`development with a simple and efficient metadata-driven application platform.
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`7.
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`I understand that the general standard for construing claim terms is the meaning that
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`the terms would have to a person of ordinary skill in the art in question at the time of the invention.
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`8.
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`I understand that the factors to be considered in determining the level of ordinary skill
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`in the art to be: (1) the educational level of active workers in the field, including the named inventors
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`of the patent; (2) the type of problems encountered in the art; (3) prior art solutions to those
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`problems; (4) the rapidity with which innovations are made; and (5) the sophistication of the
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`Case 3:13-cv-00628-RCJ-VPC Document 65-8 Filed 09/18/15 Page 3 of 30
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`technology in the art. I further understand that the alleged invention date of the ‘482 and ‘111 patent
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`claims is sometime around December 1997.
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`9.
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`I understand that, in construing terms, the Court looks first to the intrinsic evidence of
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`record, which includes the patent itself (including the claims and the specification) and the
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`prosecution history of the patent. I also understand that the Court may also consider extrinsic
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`evidence, which includes expert and inventor testimony, dictionaries, and learned treatises.
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`10.
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`I understand that a claim is indefinite if it does not inform one of ordinary skill in the
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`art about the scope of the invention with reasonable certainty. I also understand that the party
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`alleging that a patent claim is indefinite bears the burden of proving indefiniteness by clear and
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`convincing evidence.
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`11.
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`Based on my review of the ‘482 and ‘111 patents and on my consideration of the
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`above-mentioned factors, it is my opinion that a person of ordinary skill in the art at the time of the
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`invention of the ‘482 and ‘111 patents (sometime in the late 1997-98 time period) would be someone
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`with a bachelor’s degree in computer science, computer engineering, mathematics, or a similar
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`course of study and at least 3 years of practical experience working in software development or
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`computer programming.
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`12.
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`I am offering my opinions in this lawsuit based on my experience as one of at least
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`ordinary skill in the art of the ‘482 and ‘111 patents at the time of the invention.
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`13.
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`Traditionally, a computer program, also called a software application, is first written
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`in source code using a suitable programming language, such as C, C++, or Java. Then, the source
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`code is compiled into machine-executable code, also known as binary code. The machine-
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`executable code can subsequently be distributed to various users.
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`14. When any change or modification needs to be incorporated into the program, a
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`software developer or programmer must modify or rewrite the relevant portion of the source code.
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`Thereafter the new source code must be re-compiled and re-tested, and the new machine-executable
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`code must be re-distributed to the users. This whole process must be repeated for each and every
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`modification made to the program.
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`15.
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`In some cases, changes or modifications need to be made to a program rather
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`frequently. For example, bugs need to be fixed; new features and functions need to be added;
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`adjustments need to be made based on business requirements; and so on. The ‘482 and ‘111 patents
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`discuss, as an example, a situation where changes in regulatory requirements may result in business
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`changes in specific industries and consequently causing business applications to implement
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`functional or data changes. Other types of changes, such as bug fixes and new features, may also
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`result in modifications or updates to an application. As the ‘482 and ‘111 patents point out,
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`“Without an integrated method for automatically handling such changes, a developer or user of
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`software that tracks business operations must continually rewrite part or all of the software in order
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`to accurately and fully reflect these changes, usually at great expense and effort and with little hope
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`for relief.” (‘482 patent at 9:4-9. ‘111 patent at 9:9-15.)
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`II.
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`The '482 and '111 Patents and the Preferred Embodiment
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`16.
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`The ‘482 and ‘111 patents disclose a system and method to automate the software
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`modification process, thus relieving software developers from manually implementing software
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`changes and in general streamlining and improving the process of developing software applications.
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`Instead of writing a software application in source code, the invention defines various aspects of an
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`application, such as its functionality, user interface, and data, using metadata combined with a data
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`dictionary.
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`17.
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`The ‘482 and the ‘111 patents describe a system where four different layers work in
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`conjunction to allow users to easily modify an application or a set of applications to suit the users’
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`needs without having to modify the applications source code (Change Layer, Java Data Management
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`Layer, Metadata Layer, Business Content Layer). There are many advantages of having a system
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`that allows the user to quickly make changes to an application without the user having to be a highly
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`technical software engineer. There are other advantages associated with the inventive system
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`described in the ‘482 and ‘111 patents including easier configuration management, easier to make
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`changes to the application’s user interface, easier to make changes to the application’s business
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`logic, easier to make changes to the application’s reporting and logging functionality, and easier to
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`build and deploy the system to its end users.
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`18.
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`The disclosed system is able to accomplish these advantages through the use of the
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`four different layers described above (Change Layer, Java Data Management Layer, Metadata Layer,
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`Business Content Layer) combined with a data dictionary and two types of metadata that are both
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`part of the metadata layer. The patent describes the data dictionary as follows: “The data dictionary
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`describes or defines the data elements of the application system and the business content layer and
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`how a data element is recorded and managed at the database management system (DBMS) level.”
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`(‘482 patent at 12:34-38. '111 patent at 12:39-43.). A data dictionary can be defined as a collection
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`of descriptions of the data objects or items in a data model for the benefit of programmers and others
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`who need to refer to them. The data dictionary holds the various data elements that are used in the
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`application. In general, when developing programs that use a data model, a data dictionary can be
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`consulted to understand where a data item fits in the structure, what values it may contain, and what
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`the data item means in real-world terms. For example, a bank or group of banks could model the
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`data objects involved in a loan application. They could then provide a data dictionary for a bank's
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`programmers. The data dictionary would describe each of the data items in its data model for
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`consumer banking (for example, "Account holder" and ""Loan Amount").
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`19.
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`Fundamentally speaking, metadata is data that describes attributes of the data – in
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`other words, “data about data.” (Understanding Metadata, page 1,
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`http://www.niso.org/publications/press/UnderstandingMetadata.pdf. Metadata,
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`https://en.wikipedia.org/wiki/Metadata. Metadata, http://whatis.techtarget.com/definition/metadata.)
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`The invention described in the ‘482 and ‘111 patents takes advantage of this characteristic of
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`metadata and uses metadata to define all aspects of an application. The metadata forms a metadata
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`layer. (‘482 patent at 12:30-52. ‘111 patent at 12:34-56.) In a specific embodiment, the metadata is
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`stored in metadata tables in a database. (‘482 patent at 12:53-14:19. ‘111 patent at 12:57-14:21.)
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`Different metadata tables may be used to store different types of metadata.
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`20.
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`In a preferred embodiment, there is a metadata layer that manages and stores the
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`application metadata. ('482 patent at 12:15-14:19. '111 patent at 12:20-14:21.) The metadata model
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`has two main components: a business content data dictionary and an application component. "The
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`business content layer includes business knowledge, logical designs, physical designs, physical
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`structures, relationships, and data associated with a selected area of business activity. The business
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`content layer is defined by and referenced in the metadata layer so that the necessary objects, tables,
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`columns, relationships, functions, procedures and data can be read and updated by the Java data
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`management layer." ('482 patent at 12:16-28. '111 patent at 12:20-31.) "The data dictionary
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`describes or defines the data elements of the application system and the business content layer and
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`how a data element is recorded and managed at the database management system (DBMS) level.
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`The application component primarily records procedures for manipulating business information
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`using data entry forms, worklists, processes, documents, reports, and business logic." ('482 patent at
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`Fig 1; 12:34-41. '111 patent at Fig 1; 12:37-45.)
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`21.
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`Thus, at a high level, the '482 and '111 patents describe metadata within two layers:
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`one layer includes metadata that defines the unique aspects of an application; and the other layer
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`includes metadata that defines aspects common to a variety of applications. They correspond to the
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`first and second information, respectively, as recited in the asserted claims.
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`22.
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`In the invention disclosed in the ‘482 and the ‘111 patent, the data dictionary works in
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`concert with the two types of metadata (i.e. “unique” and “common”) to fully specify an application
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`or set of applications. The data dictionary holds the various kinds of data that the application will use
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`and the metadata is then used to customize the various data elements in the data dictionary
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`depending on what is needed by the specific application.
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`23.
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`As an example, let us describe a software application that a bank is creating to allow
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`customers to submit an application to take out a loan from the bank. In addition to other
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`components, the bank software applications used to gather and process information from potential
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`loan applicants will need to have a user interface for the user of the application to input information
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`about the applicant of the loan as well as business logic that describes how the data that is submitted
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`is processed, where it is routed, how reporting and accounting takes place, etc. In our simple
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`example, let us say there are two kinds of loans that the bank application needs to support; 1) a short
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`term cash loan with a maximum loan amount of $1,000 and 2) a home mortgage loan with a
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`maximum amount of $1,000,000. Both of these loan applications will need to collect basic
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`information about the applicant including their first name, last name, address, phone number, etc.
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`These are all data fields are described in the data model and are also aggregated into the data
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`dictionary. Each of these common data elements can be described by metadata that describe these
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`common attributes of these elements. As described above, this would be the metadata that defines
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`aspects of the application that were "common" across the two different loan applications (i.e. short
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`term loan and home mortgage loan). Each of these data elements would be fully defined and
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`customized by “common” metadata, that describes attributes of the data elements for each of the two
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`variants of the bank loan application.
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`24.
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`In addition to the metadata that is describing the “common” data elements, there
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`would also be metadata that is describing the “unique” aspects of the two different loan applications.
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`For example, the short term loan application may have a data element that needs to be provided by
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`the user that describes the date of the next paycheck, however this would not be needed in the home
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`loan application. Similarly, the home mortgage loan application may have a data element that needs
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`to be provided by the user that describes the currently assessed value of the house for which the
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`applicant wants to take out a home mortgage for but this data field would not be needed for the short
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`term loan application. Each of these two data elements would be fully defined and customized by
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`“unique” metadata, that describes attributes of the data elements for each of the two variants of the
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`bank loan application (i.e. short term loan application versus home mortgage loan application.) In
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`order for a user to build or modify the bank loan application all they would need to do is to modify
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`the metadata that describes the attributes of the common and unique data elements and the system
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`would automatically rebuild the application and distribute it to the servers to reflect the attributes of
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`the underlying metadata.
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`25.
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`In the preferred embodiment, the metadata defining the common aspects of a variety
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`of applications is described as standard interface system, or SIS. ('482 and '111 patents at Figs. 3-5.)
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`The SIS tables define application functions that are used to generate various application components.
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`These tables are part of the metadata layer. ('482 patent at 12:54-55. '111 patent at 12:58-59.) SIS
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`has the advantage of not requiring (re)programming to respond to changes made to the applications
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`because the system is dependent on and driven by metadata. ('482 patent at 11:64-12:2. '111 patent
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`at 11:66-12:4.)
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`26. When an application is needed (e.g., by an end user), the metadata that defines the
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`application, including both the common and the unique metadata, is interpreted to generate the
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`necessary components of the application, including, for example, its user interface, functionality,
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`application data, and so on. The ‘482 and ’111 patents refer to this process as “data mapping”
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`without hard-wired coding. (‘482 patent at 15:17-30. ‘111 patent at 15:19-32.) In the preferred
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`embodiment, this is done through the Java Data Management Layer. ('482 patent at 14:21-16:16.
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`'111 patent at 14:25-16:16.) As a result, applications are created in an entirely metadata-driven
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`fashion.
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`27.
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`In connection with the Java Data Management Layer, which is responsible for
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`interpreting the metadata and generating the applications, the ‘482 and ‘111 patents states that “The
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`user interface is generated by the interpretation of the metadata layer delivered to the Java data
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`management layer.” (‘482 patent at 15:17-18. ‘111 patent at 15:19-20.) “The Java data
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`management layer and thus what the end user sees is defined only by the metadata and is generated
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`as needed by a single program that interprets what a form will look like.” (‘482 patent at 15:26-29.
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`‘111 patent at 15:28-30.) Thus, an application is solely defined by metadata and generated from
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`such metadata as needed. This helps improve programming flexibility since there is no hard-wired
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`connection between an application’s source code and its business operations and data. (‘482 patent
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`at 15:29-30. ‘111 patent at 15:15:31-32.) "The Java data management layer and the metadata layer
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`together serve as a standard interface system that is positioned 'on top of' one or more databases,
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`allowing addition, deletion and modification of data entry forms, tables, views, images, reports,
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`queries, information processing and logic, monitoring or work flow and distribution and routing,
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`menu presentations and provision of regulatory or non-regulatory alerts. Substantially all of the data
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`entry and modification, report monitoring and preparation, and other monitoring processes are
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`transparent so that the user need not be a computer programmer to deal with changes that occur from
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`time to time." ('482 patent at 16:4-15. '111 patent at 16:5-16.)
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`28.
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`Since every aspect of an application is defined by metadata, whenever any
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`modification needs to be incorporated into the application, only the relevant metadata needs to be
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`changed. There is no need to modify or rewrite the application’s source code since the application is
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`not defined using source code as with the traditional method. As the ‘482 and ‘111 patents point out,
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`“The most important aspect of the server-based, programming-free model is the system’s ability to
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`create, change and (re)configure the application system at one location and to promptly make the
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`modified application system available elsewhere within the enterprise as well. This approach also
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`eliminates the need to write new code or to modify existing code and eliminate the need for
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`(re)compiling and creating executable instructions and updating every affected user’s computer
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`within the organization. This approach is implemented using intuitive, user-friendly, dialog-based
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`screens and using small code segments to define business logic.” (‘482 patent at 12:43-52. ‘111
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`patent at 12:46-56.)
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`29.
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`By using the metadata to define software applications, the invention is able to
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`automate the software modification process by generating an application’s executable code from
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`interpreting its metadata. Moreover, since only the metadata needs to be modified to incorporate
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`changes to an application, which eliminates the need to modify or rewrite the application’s source
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`code, a person without extensive software programming skill may also be able to modify the
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`application’s metadata and thus making changes to the application. This lessens the demand on
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`software developers and programmers as well.
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`30.
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`Certain software functionalities are often commonly found in multiple software
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`applications. For example, most applications today have a graphical user interface with similar
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`design layout and functionality. Other features common to multiple applications include: printing,
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`file opening, file saving, data searching, program exiting, and so on. Such common functionalities
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`are also defined using metadata, similar to other aspects of the applications.
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`31.
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`Suppose that a particular functionality is found among several software applications.
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`The same set of metadata that defines this functionality can then be used and reused by all those
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`applications that implement this functionality. The ‘482 and ‘111 patents refer to such metadata as
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`information “common to a variety of applications.” (‘482 patent at 32:19-20, 33:41-43. ‘111 patent
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`at 31:64-66, 32:43-45, 33:25-27.) When a new application needs to be developed, it can re-use all
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`the existing metadata that defines those functionalities shared by existing applications, and only
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`develop and create new metadata that defines functionalities unique to this new application. The
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`‘482 and ‘111 patents refer to metadata that defines functionalities unique to a particular application
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`as “information about the unique aspects of a particular application.” (‘482 patent at 32:16-17,
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`33:39-40. ‘111 patent at 31:62-63, 32:41-42, 33:23-24.) This approach modularizes software
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`components and helps reduce time and resource for developing new applications.
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`32. Moreover, if changes need to be made to a common functionality shared among
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`multiple applications, only one set of metadata needs to be modified to incorporate the changes.
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`Since the metadata is re-used by all the applications that implement this functionality, the changes
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`are automatically propagated to all those applications using the same set of metadata.
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`III.
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`“layer[s]”
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`33.
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`I understand that there is a dispute in this case regarding the construction of the term
`
`“layer[s].” Specifically, I understand that the parties’ proposed constructions for this term is as
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`follows:
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`Claim Term or Phrase
`
`“layer[s]”
`
`(‘482 claims 1, 3, 5, 10, 20,
`21, 23, 25, 30, 40)
`
`AIT’s Proposed
`Construction
`“a set of functionally or
`logically related software
`components”
`
`
`
`Salesforce’s Proposed
`Construction
`Indefinite, or in the
`alternative, requiring at least
`“a group of data and/or
`functions that serve a
`particular purpose, which is
`separate and distinct from
`other such groups”
`
`34.
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`I agree with AIT’s proposed construction for this term. The system described in the
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`'482 patent has a layered architecture, including a metadata layer, a Java Data Management layer,
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`and a change management layer. ('482 patent at 9:33-48, 12:15-16-60, Fig. 1.) The metadata layer
`
`further includes two sub-layers. ('482 patent at 12:15-41.) Each layer includes related components
`
`that together serve a particular purpose or perform a particular set of related tasks. For example, the
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`metadata layer stores and manages metadata that define applications. ('482 patent at 12:15-14:19.)
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`The Java Data Management layer generates applications based on each application's metadata stored
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`in and managed by the metadata layer. ('482 patent at 14:21-16:16.) The change management layer
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`monitors and detects changes made to specific applications. ('482 patent at 16:17-46.)
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`35.
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`"Layer" is a well-known and well-defined concept in software architecture and
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`development, and therefore not indefinite to those skilled in the art. A layer is generally understood
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`to be a logical structuring mechanism for the elements that make up a software system. (Microsoft
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`Developer Network, Deployment Patterns, http://msdn.microsoft.com/en-us/library/ff646997.aspx,
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`attached here as Exhibit 2.) In object-oriented design, a layer usually refers to a set of classes that
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`share the same module dependencies with other modules in that same layer.
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`(http://www.techopedia.com/definition/2016/layer-object-oriented-design, attached here as Exhibit
`
`3.)
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`IV.
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`“automatically detect[ing]”
`
`36.
`
`I understand that there is a dispute in this case regarding the construction of the term
`
`“automatically detect.” Specifically, I understand that the parties’ proposed constructions for this
`
`term is as follows:
`
`Claim Term or Phrase
`
`“automatically detect[ing]”
`
`(‘482 claims 1, 21)
`
`(‘111 claim 13)
`
`
`
`AIT’s Proposed
`Construction
`“detect[ing] without direct
`human intervention”
`
`Salesforce’s Proposed
`Construction
` Indefinite, or in the
`alternative, requiring at least
`“detect[ing] without any
`intervention by a human
`operator through the use of
`one or more intelligent
`agents”
`
`37.
`
`I agree with AIT’s proposed construction for this term. The '482 and '111 patents
`
`describe a change management layer capable of detecting changes to an application. ('482 patent at
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`16:18-47. '111 patent at 16:20-48.) This layer is implemented as computer software. ('482 patent at
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`16:61-65. '111 patent at 16:62-66.) One example of such implementation is referred to as the
`
`"intelligent agents" capable of searching the web for relevant changes in specific business areas
`
`based on predefined rules and constraints. ('482 patent at 16:19-24. '111 patent at 16:20-25.)
`
`However, the intelligent agents are merely one embodiment of change detection. It is certainly not
`
`the only embodiment of change detection contemplated by the '482 and '111 patents. For example,
`
`the system's Change Configuration functions support change of End User functions "through a
`
`variety of flexible and intelligent manual routines, such as intelligent agents, screens, fields, reports,
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`documents and logic that can be changed without requiring programming skills." ('482 patent at
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`10:6-14. '111 patent at 10:10-18.) Here, the '482 and '111 specifications indicate that changes may
`
`be made through several methods, and "intelligent agents" is only one method. An application can
`
`also be modified at one location and propagated to other locations. ('482 patent at 12:42-46. '111
`
`patent at 12:46-50.) Here again, the '482 and '111 specifications do not indicate that the
`
`modification must be done through any intelligent agent. Accordingly, the construction for this
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`claim term should not be limited to the use of an intelligent agent.
`
`V.
`
`“information about [the] unique aspects of a particular application”
`
`38.
`
`I understand that there is a dispute in this case regarding the construction of the
`
`phrase “information about [the] unique aspects of a particular application.” Specifically, I
`
`understand that the parties’ proposed constructions for this term is as follows:
`
`Claim Term or Phrase
`
`“information about [the]
`unique aspects of a
`particular application”
`
`(‘482 claims 1, 21)
`
`(‘111 claim 13)
`
`
`
`Salesforce’s Proposed
`Construction
`“unique aspects” is indefinite
`
`AIT’s Proposed
`Construction
`“metadata that defines a data
`element or application
`function relating to a specific
`activity of a particular
`application”
`
`39.
`
`I agree with AIT’s proposed construction for this term. The '482 and '111 patents
`
`describe a metadata layer for storing and managing metadata that defines each application. ('482
`
`patent at 9:49-63, 12:30-14:19. '111 patent at 9:53-67, 12:20-14:21.) The metadata layer "provides
`
`and/or defines data about every feature of the user interface," and the business content layer includes
`
`data "that is specific to the particular business operations of interest to the user." ('482 patent at
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`9:41-48. '111 patent at 9:46-52.) In fact, all the information required to create front-end applications
`
`and back-end database is stored and managed in the metadata layer. ('482 patent at 10:15-17. '111
`
`patent 10:19-21.) The metadata layer has two main components: a business content data dictionary
`
`and an application component. ('482 patent at 12:32-34. '111 patent at 12:37-39.) "The data
`
`dictionary describes or defines the data elements of the application system and the business content
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`layer and how a data element is recorded and managed at the database management system (DBMS)
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`level. The application component primarily records procedures for manipulating business
`
`information using data entry forms, worklists, processes, documents, reports and business logic."
`
`('482 patent at 12:34-41. '111 patent at 12:39-45.) Furthermore, the business content layer "includes
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`business knowledge, logical designs, physical designs, physical structures, relationships, and data
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`associated with a selected area of business activity." ('482 patent at 12:16-19. '111 patent at 12:20-
`
`23.) The metadata lay