throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`DEPARTMENT OF JUSTICE,
`
`
`
`Petitioner,
`
`
`IRIS CORPORATION BERHAD,
`
`
`
`
`
`Case No. (Not Yet Assigned)
`
`In re Inter Partes Review of U.S.
`Patent No. 6,111,506
`
`))))))))))))
`
`v.
`
`
`
`
`
`
`
`
`Patent Owner.
`
`
`EXPERT DECLARATION OF GERALD W. SMITH
`AND GILLES LISIMAQUE
`
`
`We, Gerald W. Smith and Gilles Lisimaque, hereby declare and state as follows:
`
`I.
`1. We make the following declarations setting forth our opinions as requested
`
`INTRODUCTION
`
`by the United States Department of Justice concerning the construction and
`
`validity of the claims of U.S. Patent No. 6,111,506 (identified in the Petition as
`
`Exhibit 1001; hereinafter “the ‘506 patent”).
`
`2.
`
`The content of this report authored by Gerald Smith comprises paragraph
`
`Nos. 1 to 15 inclusive and 42 to 73 inclusive.
`
`3.
`
`The content of this report authored by Gilles Lisimaque comprises paragraph
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`Nos. 16 to 41 inclusive.
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`4.
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`Each undersigned expert either authored a given paragraph or reviewed a
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`given paragraph authored by the other undersigned expert. To that end, this
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`declaration uses the term “we” and “our” instead of “I” or “my” throughout the
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`document. For consistency, and to avoid confusion in the use of pronouns, the
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`next section, i.e., Section II. entitled “PROFESSIONAL BACKGROUND AND
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`QUALIFICATIONS” is styled in the 3rd person despite being written by each
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`respective declarant.
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`II.
`5.
`
`PROFESSIONAL BACKGROUND AND QUALIFICATIONS
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`Gerald W. Smith’s background, education, qualifications, and pertinent
`
`experience relevant to the issues in this proceeding are summarized below. His
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`curriculum vitae comprises Exhibit 1008 to the Petition.
`
`6. Mr. Smith has been working with smart cards, terminals, and transaction
`
`solutions since 1983. Mr. Smith has worked in a wide range of aspects relating to
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`smart cards (e.g., silicon, operating systems, card applications, packaging, printing
`
`technologies, edge interfaces, terminals, and host system applications). For the
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`past 15 years, he has focused on security and identity attributes of smart cards and
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`smart card enabled solutions. He has served as an International Standards
`
`Organization (ISO) project editor and as a contributor to a number of major smart
`
`card standards (e.g. ISO/IEC 7816, ISO/IEC 14443, ISO/IEC 24727, FIPS 201,
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`FIPS 140). He has actively participated in the Java Card Forum, PC/SC
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`implementations, MULTOS smart card O/S application development, Microsoft
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`Windows Smart Card O/S evaluations. In addition, Mr. Smith has in-depth
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`knowledge and experience with proprietary O/S smart card implementations (e.g.;
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`ORGA Micardo, Siemens CardOS, Schlumberger MultiFlex, Gemplus MPCOS,
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`G&D StarCOS).
`
`7.
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`From 1978 to 1983, Mr. Smith was assigned out of Officer Basic training in
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`the United States Army Signal Corps to the Communications Electronics
`
`Command at Fort Monmouth, New Jersey. The Signal Corps is a division of the
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`US Army that develops, tests, provides, and manages communications and
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`information systems support for the command and control of combined arms
`
`forces. In the Signal corps, he actively participated in the research and
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`development of software intensive terminals and peripherals encompassing device
`
`mechanisms, microprocessor technologies (HW/SW) and system integration. Mr.
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`Smith was part of a high level research team exploring distributed processing
`
`configurations. Mr. Smith achieved the rank of Captain prior to leaving the service
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`for private industry.
`
`8.
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`In 1983, Mr. Smith began work as a technologist at Mars Electronics
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`International, a company directed to unattended payment systems. Mr. Smith was
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`promoted to product line manager for all of North American coin mechanisms, the
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`core product for the business at that time.
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`9.
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`From 1989-1993, Mr. Smith was employed at VeriFone where he served as
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`the Director of Engineering in a unit that developed food service and vending
`
`industry applications implemented through computer software and hardware.
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`During his time at VeriFone, Mr. Smith worked on development of the ValuCardTM
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`Stored Value card system to complement the company’s Point Of Service (POS)
`
`business.
`
`10. From 1993-1995, Mr. Smith was employed at Schlumberger where he
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`competed for, obtained, and developed technology business relating to smart card
`
`pilot projects for VISA and smart card applications for MasterCard.
`
`11. From 1995-1996, Mr. Smith worked at Zenith Data Systems / Groupe BULL
`
`as a technical manager for Smart Card Technology and Internet Commerce.
`
`12. From 1996-1999, Mr. Smith served as Director of New Business
`
`Development for ORGA Card Systems Inc., where he was responsible for
`
`managing the Americas region and coordinating with international business units
`
`in Germany, Latin America, and the Far East. In this position, Mr. Smith worked
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`as Project leader on the MasterCard Smart Card Access project using the
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`MULTOS platform for secure card transactions.
`
`13.
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`In 1999, Mr. Smith joined American Express as a Development Leader for
`
`the "Blue from American Express" Smart Card product development initiative. In
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`that position, he served as Advanced Card Technology leader on IP Management,
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`chip card specifications, security models using smart cards, and external standards.
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`Mr. Smith was promoted to Vice President in 2001. Among other duties at
`
`American Express, he served as Product Manager, Business and Technical
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`Architect of the “Summer Concerts in Blue” product launch (summer of 2000), a
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`Board Member of Global Platform governance body from 2000-2002, a
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`contributing member to GlobalPlatform Card and Card Management System
`
`specification, a JavaCard Forum representative, and a representative to ISO/IEC
`
`JTC1 SC17 including contact card, contactless card, and test methods.
`
`14. From 2003-2007, Mr. Smith worked at SHARP Microelectronics of the
`
`Americas, a world leader in LCD, Integrated Circuits, RF, Imaging, and
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`Optoelectronics technology, where he served as the Senior Smart Card Business
`
`Development Manager / Senior Field Technical Manager. Among other duties,
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`Mr. Smith served as a subject matter expert in the area of Smart Card technologies
`
`working as a development leader for integration of smart card technology into
`
`identity, payment, and telecommunication solutions.
`
`15. Since 2007, Mr. Smith has been employed with ID Technology Partners as a
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`subject matter expert for a diverse range of engagements related to smart cards,
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`biometrics and other high assurance identification verification initiatives. Projects
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`have included government and non-government credentialing programs as well as
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`one-off enterprise solutions.
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`16. Gilles Lisimaque’s background, education, qualifications, and pertinent
`
`experience relevant to the issues in this proceeding are summarized below. His
`
`curriculum vitae comprises Exhibit 1009 to the Petition.
`
`17. Mr. Lisimaque started his career in 1971 has a computer system engineer on
`
`IBM mainframes and was given the responsibility of the whole Management
`
`Information System of the Semiconductor plant Eurotechnique in 1979. This plant
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`was created to provide second sources smart card components for the two French
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`smart card applications: Prepaid telephone cards and Banking cards. In 1987,
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`because of the his strong software and security background, Mr. Lisimaque was
`
`given the responsibility of the Eurotechnique team in charge of developing smart
`
`card software, inside the semiconductor chip manufactured by the plant. This smart
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`card operating system, operational in 1988, was called COS (Chip Operating
`
`System) as it was the first smart card Operating System using a concept of
`
`directories and file structures also allowing card issuers to download their own
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`program code to tailor the card to the specific functions required by the issuer’s
`
`application. This Operating system evolved later into the MCOS (multiple
`
`directories) and the MPCOS (added payment functions in the OS) as the computing
`
`capabilities of the silicon chip improved. In 1988, as Eurotechnique (then bought
`
`by SGS-Thomson) started to offer more than just silicon chips, with the chip
`
`embedded operating system software as an option, and eventually embedded in a
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`card using a new chip embedding technology in injected ABS plastic cards, it was
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`decided to spin off the Chip OS and the Card embedding out of the chip
`
`manufacturing business itself. As a result, the company GEMPLUS Card
`
`International was created in May 1988, and Mr. Lisimaque (one of the five
`
`founders), became in charge of all the Software Research and Development of the
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`new company. Working in close relationship with the Card and Packaging
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`Research and Development Director (Jean-Pierre Gloton, also a Gemplus founder),
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`this allowed Gemplus to provide its customers with a complete offer of cards,
`
`embedded OS in the chips of cards, and the necessary development tools along
`
`with the personalization system related to these cards. During this period, Mr.
`
`Lisimaque was an active participant in the French Standard group (AFNOR)
`
`related to Smart Cards; he also was a member of the GSM group which became
`
`later ETSI (European Telecommunications Standards Institute); a committee
`
`providing contributions to the international standard for SIM (Subscriber Identity
`
`Module) specification used in cellular phones for user authentication. In 1988, Mr.
`
`Lisimaque, working with the French Telecom CCETT center, developed the first
`
`On-Card Biometric verification system, using an SGS-Thomson hand signature
`
`digitization tablet and a COS card.
`
`18.
`
`In 1989, as it seemed at the time the US was going to embrace Smart Cards,
`
`Mr. Lisimaque was charged to create a GEMPLUS subsidiary in the US. Mr.
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`Lisimaque became an active member of the INCITS Identity and Smart Card B10
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`and B10.12 US national committees, representing for many years the United States
`
`at the International standardization level in the ISO/SC17/WG4 committee (and
`
`some it’s subcommittees) working on standards such as ISO/IEC 7816, ISO/IEC
`
`14443, ISO/IEC 10373 and ISO/IEC 24727. During the early 1990’s, Mr.
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`Lisimaque was one of the international technical advisors to the Financial Industry,
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`developing the EMV (Europay, MasterCard and Visa) card specifications which
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`are now used in all financial cards used all around the world. During his whole
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`career, Mr. Lisimaque filed ten International Patents related to smart card logical
`
`and physical security, some of which have been used as the foundation for the
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`JavaCard specification based on the SUN Java software. For seven years, Mister
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`Lisimaque was under a non-compete agreement with SUN, period during which he
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`was a board member of the company Integrity Arts (joint venture with SUN which
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`initially finalized the JavaCard operating system) using one of Mr. Lisimaque’s
`
`patent (US 5,923,884).
`
`19. During his years in the US at Gemplus with the title of Vice-President or
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`Technical Marketing Director, Mister Lisimaque participated in many projects
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`related to identity or payment and using smart cards; these projects included the
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`MAC/Corestate smart card electronic purse program , the use of prepaid cards in
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`Pitney Bowes Machines and the MARC Defense Department Program; he was also
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`very active in industry groups such as the Smart Card Forum, the ISTPA
`
`(International Security, Trust and Privacy Alliance), as well as the National and
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`International standardization bodies already mentioned. He also participated in
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`specific studies such as the development of a Protection profile developed by NIST
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`for smart cards (Smart Card Security User Group - Smart Card Protection Profile
`
`[SCSUG-SCPP]) as well as the TWIC project.
`
`20. After leaving Gemplus in 2005, Mister Lisimaque became a partner in
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`Identification Technology Partners Inc., working as senior consultant for private
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`companies but mostly for the US government; mainly for NIST, helping to develop
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`the FIPS 201 specification, and as well for the Department of Defense, helping
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`them to migrate their existing smart card system to the new FIPS 201 standard
`
`being developed. He was also appointed by NIST during a couple of years as the
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`editor of the testing part of the ISO/IEC 24727 standard.
`
`21. Lately, among other projects, Mr. Lisimaque has been working as a senior
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`consultant for the Department of Homeland Security (Transportation Security
`
`Administration) on the TIM (Technology Infrastructure Modernization) and the
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`TWIC (Transportation Worker’s Identification Credential) programs.
`
`III. MATERIALS CONSIDERED
`22.
`In forming our opinions and preparing this declaration, we have considered
`
`the following documents and references either for (1) general background
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`knowledge, (2) the general state of the art, or (3) specific analysis and application
`
`in this declaration.
`
`Exhibit
`Ex. 1001
`Ex. 1002
`Ex. 1003
`Ex. 1004
`Ex. 1005
`Ex. 1006
`Ex. 1010
`Ex. 1011
`Ex. 1012
`Ex. 1013
`Ex. 1014
`Ex. 1015
`
`Ex. 1016
`Ex. 1017
`Ex. 1018
`Ex. 1019
`Ex. 1020
`Ex. 1021
`
`Ex. 1022
`
`Ex. 1023
`
`Description
`U.S. Patent No. 6,111,506
`File History for U.S. Patent No. 6,111,506
`U.S. Patent No. 5,528,222 to Moskowitz et al.
`U.S. Patent No. 5,106,719 to Oshikoshi et al.
`U.S. Patent No. 5,581,445 to Horejs et al.
`U.S. Patent No. 5,041,395 to Steffen
`U.S. Patent No. 5,583,489 to Loemker et al.
`U.S. Patent No. 4,510,489 to Anderson et al.
`U.S. Patent No. 4,921,160 to Flynn et al.
`U.S. Patent No. 5,457,747 to Drexler et al.
`U.S. Patent No. 5,214,566 to Dupre et al.
`Canadian Patent Application Publication No. CA 2,091,109 to
`Irwin
`U.S. Patent No. 5,350,945 to Hayakawa
`U.S. Patent No. 5,480,842 to Clifton et al.
`U.S. Patent No. 5,470,411 to Gloton et al.
`U.S. Patent No. 5,569,879 to Gloton et al.
`U.S. Patent No. 5,200,601 to Jarvis
`Excerpts from Dorothy Elizabeth Robling Denning,
`“Cryptography and Data Security,” Addision-Wesley Publishing
`Company, 1982
`Trilochan, Padhi “Theory of Coil Antenna,” Harvard University,
`Radio Science Journal of Research (1965)
`INTERNATIONAL ORGANIZATION FOR
`STANDARDIZATION (ISO)/IEC No. 7816-1:1987
`Identification cards – Integrated circuit(s) cards with contacts –
`Physical Characteristics
`
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`Ex. 1024
`
`Ex. 1025
`
`Ex. 1026
`
`Ex. 1027
`Ex. 1028
`
`
`
`INTERNATIONAL ORGANIZATION FOR
`STANDARDIZATION (ISO)/IEC No. 7810:1996 Identification
`cards - Physical characteristics
`Moore, Gordon, “Chapter 7: Moore's law at 40.” From, Brock,
`David. Understanding Moore’s Law: Four Decades of
`Innovation. Chemical Heritage Foundation. pp. 67–84, 2006.
`Excerpts from The New IEEE Standard Dictionary of Electrical
`and Electronics Terms (5th ed. 1993)
`U.S. Patent No. 5,337,063 to Takahira
`Excerpts from Motorola 1992 textbook
`
`IV. STATE OF THE ART THROUGH OCTOBER 14, 1996
`23. At its most basic level security identification documents employing an
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`integrated circuit (IC) can be classified into three broad form factors; (1) credit
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`card sized documents, (2) Passport form factors, and (3) custom form factors such
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`as, for example, tokens (e.g. the iButton® available from Maxim Integrated), Radio
`
`Frequency ID (RFID) tags, and cellular phone Subscriber Identity Module (SIM)
`
`smart cards.
`
`24.
`
`Identification cards of different sizes are defined under the International
`
`Standards Organization (ISO) by ISO/IEC 7810. In the second version of this
`
`standard published in 1996, see Ex. 1024, three form factors were standardized:
`
`ID-1 for credit cards, ID-2 for secure ID cards and ID-3 for Passports.
`
`Identification cards with an integrated circuit are governed by the ISO/IEC 7816
`
`
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`Standard and its many parts. Such cards are commonly referred to as “smart
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`cards”, “integrated circuit cards”, “IC cards” or “chip cards”.
`
`25. Contactless smart cards existed at this time (i.e., as of October 14, 1996)
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`using Radio Frequency Identification (RFID) integrated circuits, known as “RFID
`
`tags”, and several other bi-directional contactless communication protocols that
`
`were under consideration for standardization.
`
`26. Europe, especially France, had many implementations of smart cards
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`between 1985 and 1996 using both contact smart cards and contactless smart cards.
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`Many of the early lessons of durability and longevity of smart cards were a direct
`
`result of these scaled implementations. One of the earliest large scale applications
`
`using smart cards in this time period was pay phone smart cards used as an
`
`alternative to coins. Tens of millions of smart cards were produced annually and
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`used at pay phones in France alone. In the early 1990s microprocessor based smart
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`cards for use in the maturing cellular telephone industry began to appear in large
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`quantities along with the French banking card equipped with an integrated chip
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`which was rolled out at the same time.
`
`27. From an internal Gemplus document (card failure analysis made in the late
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`90’s on microprocessor based cards), the cause for failure of Gemplus banking
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`cards in the field was distributed as follow: PIN or Password blocked: 60%, Chip
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`broken by mechanical stress: 12%, dirty contacts: 8%, all other defects individually
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`lower than 12% (unknown, assembly, chip, printing, etc.): 20% as a whole.
`
`28. Besides trying to get as much as computing power required in the chip
`
`embedded in the card, research and production processes from the 1980s and early
`
`1990s focused primarily on one or more of the following techniques to reduce
`
`failures of the chip due to mechanical stress:
`
`a. Limiting the size of the chip to less than 25 square millimeters (most
`
`of the largest chips have been constructed to this day to occupy 18 to
`
`20 square millimeters by silicon manufacturers),
`
`b. Encapsulating the chip, or chip and other components, within a
`
`mechanical protection preventing the silicon component from being
`
`mechanically stressed by the normal bending of the card happening
`
`during its usage. Various solutions have been proposed or used,
`
`including metal ring, hard plastic, or very strong epoxy materials
`
`resulting in added “stiffness” to the resulting electronic module
`
`structure, and/or
`
`c. Producing the chip as a thin flexible silicon layer that could be placed
`
`in the center of a smart card laminated sheets, thereby reducing (or
`
`eliminating) mechanical stress on the chip from mechanical bending
`
`or torsion.
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`Each of these techniques will be further detailed in terms of prior art.
`
`29. With respect to (a) maximum chip size, chip technology was advancing at
`
`this time by manufacturing integrated circuit chips containing more and more
`
`transistors (gates) per millimeter square. The advance in density of transistors in a
`
`chosen size of an integrated circuit chip is defined by Moore’s Law which
`
`generally stands for the prediction (which has been proven accurate) that the
`
`number of transistors on a chip would double every two years. See Ex. 1025, at 10
`
`(Figure 9 generally reflecting the increase in circuit components per die over time).
`
`A timeline including the period before the date of the claimed invention is
`
`provided in Ex. 1025, at 10. Additional gates (transistors) for a given size allowed
`
`smart card functions to increase in functionality, and for existing functions the
`
`required size of the chip would decrease. Most smart card chips as of October 14,
`
`1996, had limited memory sizes, making sure the resulting integrated circuit was
`
`small enough to minimize the possibility of cracking said integrated circuit due to
`
`mechanical stress or shock. It was known in 1988, as a rule of thumb, that the
`
`maximum size of a smart card integrated circuit should be lower than 25 square
`
`millimeters. Even with a size under this maximum limit, it was required to have
`
`additional protections against mechanical stress and shock to protect the fragile
`
`silicon device inserted in the thin plastic of the card. For example, Ex. 1012 (US
`
`4,921,160 Flynn et al.), states in the Background Art “The Uden personal data
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`card is believed to suffer from the disadvantage that stresses applied to the card
`
`during flexing are likely to be transmitted through the card body and into the
`
`encapsulant and semiconductor chip, possibly causing chip cracking which will
`
`render the card inoperative. The incidence of chip cracking can be lessened by
`
`employing semiconductor chips which occupy a small surface area, typically less
`
`than 25 square millimeters. However, the amount of data that can be stored in a
`
`memory chip decreases when the size of the chip is decreased. Thus, restricting the
`
`size of the chip below 25 square millimeters restricts the amount of data that can
`
`be stored on the card. Therefore, there is a need for a personal data card which
`
`exhibits reduced incidence of chip cracking without restricting the chip size.” Ex.
`
`1012 at 1:44-59.
`
`30. With respect to (b) encapsulation techniques, several techniques and
`
`standard tests for smart card manufacturers were well known between 1987 and
`
`1996 addressing bending and flexing of an integrated circuit card to mitigate issues
`
`with mechanical stress and shock of the integrated circuit chip. These known
`
`techniques were applied to both contact smart cards and contactless smart cards.
`
`For example, Ex. 1020 (Jarvis, in US patent 5,200,601 from 1989), discloses in the
`
`Background of the Invention: “Such a token is commonly termed a ‘Smart Card’
`
`or ‘integrated circuit card’ It is important that such cards are flexible so that they
`
`can be placed in the user’s pocket, wallet or purse and be capable of withstanding
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`bending forces… It has been previously proposed to provide a contact-type smart
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`card structure which protects the components, either by mounting them on a metal
`
`foil and encapsulating them in a hard resin as described in EP 0068539A, or
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`providing a box-like structure of a plastics material within the token which
`
`encloses the components as described in U.S. Pat. No. 4,755,661.”Ex. 1020 at 1: 9-
`
`33. In addition to Ex. 1020 , Standards and teachings from that time include the
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`1987 edition of the ISO/IEC 7816 Standard, see Ex. 1023, which specifies two
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`mechanical stress test methods for smart cards, allowing to verify the resistance of
`
`a given card to mechanical stress as taught by Ex. 1012 (Flynn et al., US
`
`4,921,160), Ex. 1014 (US 5,214,566 to Dupree et al. awarded May 25, 1993), or
`
`using a metal enclosure to protect the integrated circuit as taught by Ex. 1006 (US
`
`5,041,395 to Steffen filed in 1990), Ex. 1018 (US 5,470,411 to Gloton filed 1992),
`
`Ex. 1019 (US 5,569,879 to Gloton filed in 1995), and Ex. 1005 (US 5,581,445 to
`
`Horejs, Jr. et al. filed on February 14, 1994).
`
`31. With respect to (b) encapsulation techniques, an International Standard for
`
`integrated circuit cards ISO 7816, first published in 1987, includes in Part 1 of the
`
`Standard entitled “Physical Characteristics.” Ex. 1023. Clause 4.2.4 of this ISO
`
`Standard details “Mechanical Strength (of cards and contacts).” Ex. 1023 at 5.
`
`Specifically Ex. 1022 at 5 provides that “The card shall resist damage to its
`
`surface and to any components contained in it and shall remain intact during
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`normal use, storage and handling. Each contact surface and contact area (entire
`
`galvanic surface) shall not be damaged by a working pressure equivalent to a steel
`
`ball of diameter 1 mm to which is applied a force of 1,5 N. See the test methods in
`
`clauses A.1 and A.2 of the annex.” Id. Annex A.1 in the same standard describes a
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`test method entitled “Bending properties.” Id. at 6. The card is bent in 4 directions
`
`for a minimum of 250 bends per direction. Id. The criteria for (bending)
`
`acceptability, (Clause A.1.2) states “The card shall still function and shall not
`
`show any cracked part after 1,000 bendings.” Id. Annex A.2 describes a test
`
`method entitled “Torsion properties.” Id. at 6-7. The card is “twisted” on the short
`
`axis by 15 degrees (+/- 1 degree) in alternate directions at a rate of 30 torsions per
`
`minute. Id. at 6. The criteria for (torsion) acceptability (Clause A.2.2) states “The
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`card shall still function and shall not show any cracked part after 1,000 torsions.”
`
`Id. at 7.
`
`32. With respect to (b) encapsulation techniques, Ex. 1012 (Flynn et al., US
`
`4,921,160) teaches a need for mechanical protection as illustrated in the Abstract,
`
`which provides that “A personal data card (10), comprised of a semiconductor
`
`chip (28), sealed by encapsulant (38) in an opening (26) in a body (12), is
`
`advantageously provided with a shock absorbing device (38) which substantially
`
`circumscribes the encapsulant to substantially isolates the encapsulant from the
`
`body of the card. By isolating the encapsulant from the card body, the shock
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`absorbing device reduces the stresses transmitted from the card body into the
`
`capsulant and into the chip when the card is flexed. In this way the incidence of
`
`cracking of the card is reduced.” Ex. 1012, Abstract.
`
`33. With respect to (b) encapsulation techniques, Ex. 1014 (US Patent 5,214,566
`
`filed by Dupre et al. in July 1991) provides that “[t]he present invention relates to
`
`a reinforced integrated circuit card, I.C. card, i.e. a card whose body is better able
`
`to withstand the external mechanical stresses applied thereto while being handled
`
`by its user.” Id. at 1: 5-8. Ex. 1014 further provides in the Background of the
`
`Invention bending and flexing tests similar to test methods reflected in the
`
`international standard comprising Ex. 1023 (1987 edition of ISO 7816 Part 1). Ex.
`
`1014 further discloses that “[o]ne of the problems encountered with I.C. cards is
`
`their mechanical strength. To this end, in order to be acceptable for use by the
`
`general public, cards must be capable of passing severe stress testing. During such
`
`testing which simulates situations that may arise in use, a card is curved some
`
`number of times perpendicularly to its long axis or to its short axis. A card is
`
`considered as passing such a test if the micromodule has not become detached
`
`after a series of curving operations has been completed, and/or if the stresses have
`
`not been transferred to the micromodule sufficiently to break it. Other tests relate
`
`to the bending strength of card bodies. In such tests, manufactured cards are
`
`required to withstand as high a bending force as possible.” Ex. 1014, 1: 27-40.
`
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`Ex. 1014, further explains that “[t]o this end, the graphite of the sheet 11 could
`
`even be replaced by a configuration of metal wires, e.g. wires made of copper or of
`
`aluminum. With different types of reinforcing materials, the expansion and the
`
`strength coefficients are adapted so that these coefficients lie in a range which is
`
`common to both card technologies: i.e. to magnetic cards and to electronic cards.”
`
`Ex. 1014, 4:9-16.
`
`34.
`
` With respect to (b) encapsulation techniques, in Ex. 1006 (US Patent
`
`5,041,395 filed by Steffen in 1990), the proposed solution describes hardening the
`
`silicon chip to encapsulate it in resin to protect it against mechanical and physical
`
`aggressions. Specifically, the references provides that “the chip and its wires are
`
`partially or totally covered with a protection against mechanical and chemical
`
`aggression; this protection may be provided by an epoxy resin or a silicone resin”
`
`Ex. 1006, 1: 28-31. In order to protect the chip, the resin is poured in a ring placed
`
`around the chip. For example, the references expressly provides that “the zone
`
`comprising the chip and its connections is surrounded by a protective ring with a
`
`height that is as small as possible but enough to go beyond the height of the chip
`
`and of the connections (especially if these connections are soldered wires). This
`
`ring is used to form a cavity into which the protective material is poured. It may be
`
`a metal ring.” Ex. 1006, 2: 41-47.
`
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`35.
`
` With respect to (b) encapsulation techniques, Ex. 1018 (US Patent
`
`5,470,411 from Gloton filed in 1992) indicates in a very similar manner it is very
`
`important to minimize the stress during manufacturing as well as during usage of
`
`chips inserted into smart cards. For example, the reference provides that “[t]he
`
`mechanical stresses on the chip are particularly low during and after the
`
`manufacture owing to the interposition, between the metal and the chip, of a small
`
`thickness of polyimide which behaves like a buffer of plastic material… This is
`
`important when the micromodule is incorporated into a flat chip card for these
`
`cards are subject to very substantial twisting and bending stresses.” Ex. 1018,
`
`7:65-67; 8:1-4.
`
`36.
`
` With respect to (b) encapsulation techniques, Ex. 1019 (US Patent
`
`5,569,879 also from Gloton and filed in March 1995), the same concern is stressed.
`
`Specifically, the references provide that “[t]he mechanical stresses on the chip 100
`
`are particularly low during and after manufacture owing to the interposition,
`
`between the metal strip 10 and the chip 100, of a small thickness of polyamide or
`
`another dielectric strip 11 which behaves like a buffer of plastic or another
`
`insulating material. This is important when the micromodule is incorporated into a
`
`flat chip card for these cards are subject to very substantial twisting and bending
`
`stresses.” Ex. 1019, 7:1-8. In addition, the same reference also indicates that the
`
`same encapsulation protection techniques could be used for contactless chips
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`intended for smart cards. The pertinent passage provides that “[i]n one variation
`
`of the invention (cf. FIG. 8), which is especially promising in the case of chip cards
`
`working in microwave applications and designed to receive and/or send an
`
`electromagnetic radiation, it is possible to provide for an arrangement where the
`
`dielectric strip 11 constitutes the dielectric of a radiating or electromagnetic
`
`antenna, of which the slotted metal strip or grid 10 constitutes an active part. The
`
`antenna is of the microstrip type constituted, for example, by conductors cut out in
`
`the metal strip 10 and acting as antennas instead of as connectors.” Ex. 1019,
`
`7:30-39.
`
`37.
`
` With respect to (b) encapsulation techniques, Ex. 1005 (US 5,581,445
`
`Horejs, Jr. et al. filed for on February 14, 1994) discloses “a reinforcement
`
`structure to protect an integrated circuit module within a smart card. The
`
`reinforcement structure, which has a modulus of elasticity higher than the modulus
`
`of elasticity of the smart card, substantially laterally surrounds the integrated
`
`circuit module in certain embodiments.” Ex. 1005, Abstract. Ex. 1005 (Horejs)
`
`teaches many reinforcement structures, illustrated throughout 42 drawings,
`
`including “[a]ny polygonal or round shape may be used for a plate-type
`
`reinforcement structure[,]” Ex. 1005, 5:2-3, and “[a]ny polygonal or round shape
`
`may be used as the substantially planar portion of a cap-type reinforcement
`
`structure.” Ex. 1005, 5:27-29. Ex. 1005 further teaches that “[i]n addition, a
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`reinforcement structure/module pair may be located at various positions within the
`
`card. Furthermore, more than one module may be disposed within a single
`
`reinforcement structure.” Ex. 1005, 4:52-56. In addition, Ex. 1005 (Horejs)
`
`teaches that the “present invention can be used in flexible cards having dimensions
`
`other than the dimensions specified by ISO standards.” Ex. 1005, 11:34-36. The
`
`claims in Ex. 1005 also disclose pertinent features of the reinforcement structure.
`
`For example, Ex. 1005 (Horejs) recites in claim 5 “[t]he semi-rigid card of claim
`
`1, wherein said reinforcement structure comprises a metal.” and in claim 6”[t]The
`
`semi-rigid card of claim 1, wherein said reinforcement s

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