Arista Networks, Inc.
`v.
`Cisco Systems, Inc.
`
`IPR2016-00309
`U.S. Patent No. 7,224,668
`
`
`PATENT OWNER’S DEMONSTRATIVES
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`March 7, 2017
`
`1
`
`Exhibit 2048
`IPR2016-00309
`
`
`v.
`Cisco Systems, Inc.
`
`IPR2016-00309
`U.S. Patent No. 7,224,668
`
`
`PATENT OWNER’S DEMONSTRATIVES
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`March 7, 2017
`
`1
`
`Exhibit 2048
`IPR2016-00309
`
`
`
`’668 Instituted Grounds
`
` Claims 1-6, 8, 9, 15-22, 24-27, 33-36, 55-58, 60-
`63, and 69-72 as unpatentable under 35 U.S.C.
`§ 103(a) over a combination of Amara and
`CoreBuilder
`
` Claims 7, 23, and 59 as unpatentable under 35
`U.S.C. § 103(a) over a combination of Amara,
`CoreBuilder, and Moberg
`
` Claims 10, 12, 13, 28, 30, 31, 64, 66, and 57
`unpatentable under 35 U.S.C. § 103(a) over a
`combination of Amara, CoreBuilder, and
`Hendel
`
`2
`
`
`
`Source: ’668 Institution Decision, p. 23
`
`
`
`control plane vs. data plane
`
`Data Plane (fast path)
`
`vs.
`
`Control Plane (slow path)
`
`\
`
`’668 Patent, 1:54-56
`
`\
`’668 Patent, 1:56-59
`
`The data plane, for example, in the case of a router or
`switch, performs the forwarding of packets according the
`configuration specified by the control plane.
`
`
`
`
` Almeroth, ¶ 44
`
`[T]he control plane typically holds the configuration of a
`network device, and is responsible for providing the
`configuration mechanisms of a device, like a command-line
`interface. The control plane is often a collection of
`processes, typically executed by one or more CPUs.
`
`
`
`
` Almeroth, ¶ 44
`
`The control plane, on the other hand is typically only
`required to handle small amounts of traffic because a
`network device is not reconfigured that often. Thus, the
`“control plane” is often referred to as the “slow path.”
`
`
`
`
` Almeroth, ¶ 44
`
`[T]he data plane is designed to handle very high amounts of
`traffic, and thus is less susceptible to DoS attacks. The speed
`at which the data plane operates can be referred to as “line
`speed” or “fast path.”
`
`
`
`
`
` Almeroth, ¶ 44
`
`
`
`Source: ’668 POR, pp. 4-5; Ex. 2006, Almeroth Decl.
`
`3
`
`
`
`Overview of the ’668 patent – aggregate embodiments
`
`Aggregate Embodiments
`
`Source: ’668 POR, pp. 7-9; ’668 patent Figure 2
`
`4
`
`
`
`Overview of the ’668 patent – distributed embodiments
`
`Distributed Embodiments
`
`Source: ’668 POR, pp. 7-9; ’668 patent Figure 1
`
`5
`
`
`
`Amara does not disclose applying
`both “port services” and “control plane
`port services” to control plane
`destined packets
`
`6
`
`
`
`The ’668 patent, claim 1
`
`Source: ’668 patent, Claim 1
`
`7
`
`
`
`Claims require that packets that have “control plane port services”
`applied must also have “port services” applied
`
`No dispute between parties that the claimed “services applied thereto”
`are “port services” Reply, p. 4
`
`Claim 1
`
`Source: ’668 POR, p. 7; ’668 patent, Claim 1
`
`8
`
`
`
`The specification is consistent with the requirement that packets that have
`“control plane port services” applied must also have “port services” applied
`
`Input port
`services
`
`After input port
`services are
`applied,
`determine,
`whether packet
`is destined for
`the control
`plane
`
`Source: ’668 POR, pp. 19-21; Ex. 2006, Almeroth Decl., ¶¶ 79, 80; ’668 patent, Figures 4 and 6
`
`9
`
`
`
`The specification is consistent with the requirement that packets that have
`“control plane port services” applied must also have “port services” applied
`
`’668 patent, 9:1-4
`
`’668 patent, 6:12-15
`
`Source: ’668 POR, p. 19-21
`
`10
`
`
`
`Amara does not disclose applying both “port services”
`and “control plane port services”
`
`Source: ’668 POR, p. 23; Ex. 2006, Almeroth Decl., ¶¶ 81, 82
`
`11
`
`
`
`Amara does not disclose applying both “port services”
`and “control plane port services”
`
`Petition argues “policy engines 224-228” perform
`the claimed “port services”
`
`Petition argues “policy engine 232” performs the
`claimed “control plane port services”
`
`Petition, p. 26
`
`Source: ’668 POR, pp. 15-16
`
`12
`
`Petition, p. 29
`
`
`
`Amara does not disclose applying both “port services”
`and “control plane port services”
`
`Amara, 6:9-16
`
`Source: ’668 POR, pp. 12-13, 22-25; Ex. 2006, Almeroth Decl., ¶¶ 81, 82
`
`13
`
`
`
`Petitioner’s Expert’s new theory regarding packet
`classifiers in Amara
`
`Dr. Lin’s new theory:
`
`• Amara’s “packet classifiers” operate on all
`packets
`
`• Claim 17 of ‘668 allegedly recites that packet
`classification is a “port service”
`
`• Amara’s “packet classifiers” thus perform
`“port services” because they allegedly
`perform “packet classification”
`
`
`
`Lin Dep. Tr., 94:16-95:8
`
`Source: ’668 POR, pp. 25-26; Ex. 2005
`
`14
`
`
`
`Dr. Lin admitted his new packet classifier theory was not
`in his declaration
`
`\
`
`\
`
`Lin Dep. Tr., 114:21-25
`
`Source: ’668 POR, pp. 25-26; Ex. 2005
`
`15
`
`
`
`Amara’s packet classifier does not perform
`“port services”
`
`Claim 17 recites that “packet classification” is “control plane port
`service” NOT a “port service
`
`Source: ’668 POR, pp. 26-27; ’668 patent, Claim 17
`
`16
`
`
`
`Amara does not disclose applying both “port services”
`and “control plane port services”
`
`Source: ’668 POR, p. 23; Ex. 2006, Almeroth Decl., ¶¶ 81, 82
`
`17
`
`
`
`Amara’s packet classifier does not perform
`“port services”
`Claim 17 recites that “packet classification” is an “access policy”
`
`Both experts agree that Amara’s packet classifier only determines whether a packet is
`internal or external, which is not performing “port services”
`
`Dr. Lin:
`
`Dr. Almeroth:
`
`In reality, the packet classifiers of the Amara
`perform a single task: to determine whether a
`received packet is internally-destined or
`externally-destined.
`
`Almeroth Decl., ¶ 86
`
`Source: ’668 POR, pp. 25-27; ’668 patent, Claim 17; Ex. 2005; Ex. 2006
`
`18
`
`Lin Dep. Tr., 94:16-95:8
`
`
`
`19
`
`
`
`Petitioner fails to show that the
`combination of Amara and CoreBuilder
`disclose “the port services providing the
`ability to control and monitor packet flows,
`as defined by control plane configurations”
`
`
`
`
`CoreBuilder’s Administrative Console
`
`CoreBuilder discloses an Administration Console for
`configuration of a router
`
`Source: ’668 POR, pp. 13-14; Ex. 1009, CoreBuilder, p. 32
`
`20
`
`
`
`CoreBuilder’s packet filters do not log packets
`
`Almeroth Decl., ¶ 89
`
`Source: ’668 POR, p. 29-30; Ex. 2006
`
`21
`
`
`
`22
`
`
`
`Amara, CoreBuilder, and Hendel do
`not render obvious
`Claims 10, 12, 13, 28, 30, 31, 64, 66
`and 67
`
`
`
`
`Exemplary claims 10, 12, 13
`
`Source: ’668 patent, claims 1, 10, 12, and 13
`
`23
`
`
`
`Petitioner’s mapping of Amara to claim elements
`
`Source: Petition, p. 16
`
`24
`
`
`
`Hendel’s distributed network elements
`
`Source: ’668 POR, p. 48; Ex. 1007
`
`25
`
`
`
`A POSITA would not be motivated to combine Hendel
`with Amara and CoreBuilder
`
`Petitioner argues a POSITA would have been motivated to
`distribute in Hendel’s subsystems, Amara’s:
`
`•
`Interface ports 202-06
`• Packet classifiers 214 -218
`• Packet forwarder 222
`•
`Internal interface 220
`• Policy engines 224-28
`• Policy engine 232
`
`
`
`Source: ’668 POR, pp. 50-54
`
`Petition, p. 54
`
`26
`
`
`
`Motivation to combine
`
`The Petition:
`
`Petitioner’s Expert:
`
`Source: ’668 Petition, pp. 56-57; Lin Decl., ¶ 101
`
`27
`
`
`
`Petitioner’s expert has no evidence to support the motivation to
`combine Hendel with Amara and CoreBuilder
`
`Dr. Lin’s Testimony:
`
`Lin Dep. Tr., 179:24-180:2
`
`Lin Dep. Tr., 165:21-166:9
`
`Source: ’668 POR, pp. 52-53; Ex. 2005
`
`28
`
`
`
`There is no need to distribute Amara’s policy engine 232
`to Hendel’s subsystems
`
`Hendel, 7:53-57
`
`Source: ’668 POR, p. 54; Ex. 1007
`
`29
`
`
`
`Control plane traffic represents less than 5% of
`overall traffic
`
`Ex. 1004, 5:36-39
`
`Source: ’668 POR, 52; Ex. 2005; Ex. 1004
`
`Ex. 2005, 131:13-19
`
`30
`
`
`
`Increasing the number of ports would not increase
`control plane traffic
`
`Almeroth Decl., ¶ 98
`
`Source: ’668 POR, p. 52; Ex. 2006
`
`31
`
`
`
`CoreBuilder is limited to 24 ports
`
`Must look back to 2002
`Only switch of record is CoreBuilder, which only had 24 ports
`
`Source: ’668 POR, p. 53; Ex. 1009, p. 59
`
`32
`
`
`
`33
`
`
`
`Amara, CoreBuilder, and Moberg do
`not render obvious
`Claims 7, 23, 41, and 59
`
`
`
`
`Moberg provides processor redundancy in a system such
`as a router
`
`Moberg, 2:33-35
`
`Moberg, 2:49-53
`
`Source: ’668 POR, pp. 33-34; Ex. 1005
`
`Moberg, 1:57-67
`
`34
`
`
`
`Moberg does not distribute control plane processes
`
`Moberg only distributes “fast path” processes,
`which are not “control plane” processes
`
`Moberg, 4:36-39
`
`Moberg, 5:14-21
`
`Source: ’668 POR, pp. 45-46; Ex. 1005
`
`35
`
`
`
`Moberg is not available as prior art under 103(c)
`
`
`• Relevant time period is September 30, 2002 – November 27th,
`2002
`
` •
`
`Inventors conceived of the ’668 patent’s invention before
`October 1, 2002
`
`• Constructive reduction to practice included diligent patent
`drafting and filing
`
`• Moberg is, at most, 102(e) art because it was published on
`October 1, 2002 – after the conception of the ‘668 patent
`
`
`• Both the ‘668 invention and Moberg were at all times owned
`by Cisco
`
`Source: ’668 POR, pp. 35-43
`
`36
`
`
`
`The inventors of the ‘668 patent conceived of the
`invention prior to critical date
`
`The entire relevant period was during the application
`drafting of the ‘668 patent
`
`The application was filed earlier than Cisco’s self-imposed
`deadline
`
`Nearly every day of the relevant period is accounted for
`
`•
`
`•
`
`•
`
`
`Source: ’668 POR, pp. 35-43
`
`37
`
`
`
`38
`
`
`
`Objective indicia
`of
`non-obviousness
`
`
`
`
`Arista copied the ’668 patent
`
`• Arista was founded in 2004 by former Cisco executives
`
`• Four out of seven members of Arista’s Board of Directors were
`employed by Cisco
`
`• Arista’s switches with EOS compete with Cisco’s switches with IOS
`
`• Arista advertises that “Arista CLI commands are the same as Cisco
`IOS”
`
`• Arista copied Cisco’s name – Control Plane Policing
`
`• Arista copied every element of independent claims 1, 19 and 55
`
`• Arista copied verbatim the series of unique command-line
`expressions used by Cisco’s CoPP feature
`
`Source: ’668 POR, pp. 61-66
`
`39
`
`
`
`The ’668 patent, claims 19 and 55
`
`Source: ’668 patent, Claims 19 and 55
`
`40
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
