IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`
`Smethurst et al.
`
`U.S. Patent No.:
`Issue Date:
`Appl. Serial N0.:
`Filing Date:
`Title:
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`7,224,668
`May 29, 2007
`10/3 07,154
`Nov. 27, 2002
`CONTROL PLANE SECURITY AND TRAFFIC FLOW
`
`Atty Docket N0.: 40963~0006lP3
`
`MANAGER/[ENT
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`DECLARATION OF PATRICIA CRAWFORD
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`1.
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`My name is Patricia Crawford and I reside at 34 Harvard Road, Stow
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`Massachusetts.
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`2.
`I understand that I am submitting a declaration inconnection with an Inter Partes
`review (“IPR”) proceeding before the United States Patent and Trademark Office for U.S. Patent
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`Number 7,224,668 (“the ’668 Patent”). 1 also understand that Release 3.0 of the CoreBuilder
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`3500 Implementation Guide (“the Guide”) is being submitted as part of the IPR proceeding. A
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`copy of Release 3.0 of the Guide is being submitted in the IPR proceeding as Exhibit 1009.
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`Exhibit 1009 is a record of activity that was made at or near the time of the occurrence of the
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`activity by, or from information transmitted by, a person with knowledge of the activity, was
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`kept in the course of regularly conducted business activity of 3Com, and was made as part of a
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`regular practice.
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`3.
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`I was employed by 3Com Corporation from 1994 to 2000. Between
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`approximately December, 1994 and approximately November, 1998 I was employed as a
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`Technical Writer. Between approximately November, 1998 and approximately May or June,
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`2000, I was employed as a Software Quality Assurance (SQA) Engineer.
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`4.
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`As a Technical Writer, 1 was responsible for preparing and revising the
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`documentation that accompanied 3Com products. I was also responsible for verifying that the
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`proper documentation accompanied the products when the products were shipped to customers.
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`1
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`ARISTA 1010
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`1
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`ARISTA 1010
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`

`
`Declaration of Patricia Crawford
`
`U.S. Patent No.: 7,224,668
`
`Atty Docket No.: 40963-0006lP3
`
`Verifying that the proper documentation accompanied the products was performed as part of a
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`first articles inspection. During a first articles inspection, a sample of the packaged product was
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`reviewed by various team members to ensure that all of the parts of the product are included in
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`the package to be sent to the customer. Each part of a 3Com product, including each piece of
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`documentation, was given its own part number. During the first articles inspection, I was
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`responsible for comparing the part numbers of the documentation that was supposed to be
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`included in the package with the part numbers of the documentation actually included in the
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`sample of the packaged product to verify that the proper documentation was being included in
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`the packaged products shipped to the customers. Documentation was shipped with products
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`without any confidentiality restrictions. That is, customers were not under any obligations that
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`limited their ability to disseminate or otherwise use the information in the documentation.
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`5.
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`As a Technical Writer and SQA Engineer at 3Com, I was personally familiar with
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`the 3Com CoreBuilder 3500 Layer 3 Switch. This product was sold to customers beginning in
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`approximately 1997 and continued to be sold at least until I left 3Com in 2000.
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`6.
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`Prior to my transition to a SQA Engineer in approximately November, 1998, I
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`personally performed a first articles inspection on the CoreBuilder 3500 package that was
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`shipped to customers. While Release 3.0 of the Guide was not included in that package, a prior
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`version of the Guide was included.
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`I personally verified that the prior version of the Guide was
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`included as part of the packaged product.
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`7.
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`After my transition to a SQA Engineer, I remained familiar with the process used
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`to ensure that proper documentation was shipped with 3Com products. The overall process
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`stayed the same at least until I left 3Com in 2000. I was also aware that Release 3.0 of the Guide
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`was being prepared and was planned to be shipped with the 3Com CoreBuilder 3500 Switch.
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`Page 2 of 4
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`

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`Declaration of Patricia Crawford
`
`U.S. Patent No.: 7,224,668
`
`Atty Docket No.: 40963-0006IP3
`
`8.
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`Given my prior experience, the document attached as Exhibit 1009 is consistent
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`with 3Com documentation. I note that the cover of Exhibit 1009 includes an identification of the
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`part number for the document (“Part No. 10013506”). The normal procedure at 3Com at the
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`time was to only assign a part number to documentation that was going to be shipped to
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`customers. Therefore, the part number assigned and printed on the cover indicates that Exhibit
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`1009 was going to be shipped with the CoreBuilder 3500 Switch. I also note that the cover of
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`Exhibit 1009 specifies “Published November 1999.” Under the nonnal procedure at 3Com at the
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`time, when a publication date was included on the front page of 3Com documentation, the
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`publication date indicates the date when the documentation was first shipped with the
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`corresponding product. Thus, the cover indicates that Exhibit 1009 was first shipped with the
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`CoreBuilder 3500 Switch in November, 1999. In addition, page 26 of Exhibit 1009 indicates
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`that it was included on the CD-ROM that shipped with the CoreBuilder 3500 switch. Under the
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`normal procedure at 3Com at the time, this description would not have been included as part of
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`Exhibit 1009 unless the document was going to be included on the CD-ROM that shipped with
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`the CoreBuilder 3500 switch.
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`9.
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`I conclude that Exhibit 1009 was shipped with the 3Com CoreBuilder 3500
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`switch at least as of November, 1999 at least because (1) the process used to ensure that proper
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`documentation was shipped with 3Com products did not change after I transitioned to a SQA
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`Engineer, (2) Exhibit 1009 was given a part number, (3) the cover of Exhibit 1009 indicates it
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`was published November, 1999, and (4) Exhibit 1009 itself indicates it was shipped with the
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`CoreBuilder 3500 switch.
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`10.
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`I hereby declare that all statements made of my own knowledge are true and that
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`all statements made on information and belief are believed to be true.
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`I further declare that these
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`Page 3 of 4
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`

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`Declaration of Patricia Crawford
`
`U.S. Patent No.: 7,224,668
`Atty Docket No.: 40963 -O006IP3
`
`statements were made with the knowledge that willful false statements and the like so made are
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`punishable by fine or imprisonment, or both, under Section 1001 of the Title 18 of the United
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`States Code.
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`Dated:
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`/41 7g.,w/.5
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`ByQ4fi,tmu£54,»
`
`
`Patricia Crawford
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`Page 4 of 4