`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 8,942,107
`
`
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`
`
`
`
`
`
`AMX and Dell, Inc.
`Exhibit 1009-00001
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`
`
`Declaration of Rich Seifert
`
`TABLE OF CONTENTS
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`I.
`
`II.
`
`Introduction .....................................................................................................1
`
`Background/Qualifications .............................................................................1
`
`III. Documents and Materials Considered ............................................................2
`
`IV. Legal Principles ...............................................................................................2
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`V.
`
`State of the Art ................................................................................................9
`
`VI. Admitted Prior Art ........................................................................................13
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`VII. Claim Construction .......................................................................................17
`
`VIII. Person of Ordinary Skill in the Art ...............................................................18
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`IX. Prior Art ........................................................................................................19
`
`A. De Nicolo References ......................................................................... 19
`
`1.
`
`2.
`
`Overview .................................................................................. 19
`
`Reasons to Combine the De Nicolo References ....................... 19
`
`B.
`
`Auto-Negotiation References .............................................................. 22
`
`1.
`
`2.
`
`Overview .................................................................................. 22
`
`Reasons to Combine the Auto-Negotiation References ........... 23
`
`X.
`
`’107 Patent ....................................................................................................24
`
`A.
`
`B.
`
`Summary of the ’107 Patent ............................................................... 24
`
`Challenged Claims .............................................................................. 26
`
`XI.
`
`Invalidity Analysis of ’107 Patent .................................................................28
`
`A.
`
`The challenged claims are obvious based on the De Nicolo
`references. ........................................................................................... 28
`
`1.
`
`Independent Claim 1 ................................................................. 28
`
`
`
`i
`
`AMX and Dell, Inc.
`Exhibit 1009-00002
`
`
`
`Declaration of Rich Seifert
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
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`“A piece of Ethernet terminal equipment” ..................... 28
`
`“an Ethernet connector comprising first and
`second pairs of contacts used to carry
`Ethernet communication signals” ................................... 29
`
`“at least one path for the purpose of drawing
`DC current” .................................................................... 30
`
`“the at least one path coupled across at least
`one of the contacts of the first pair of
`contacts and at least one of the contacts of
`the second pair of contacts” ............................................ 30
`
`“the piece of Ethernet terminal equipment to
`draw different magnitudes of DC current
`flow via the at least one path” ........................................ 31
`
`“the different magnitudes of DC current
`flow to result from at least one condition
`applied to at least one of the contacts of the
`first and second pairs of contacts” .................................. 35
`
`“wherein at least one of the magnitudes of
`the DC current flow to convey information
`about the piece of Ethernet terminal
`equipment” ..................................................................... 39
`
`2.
`
`3.
`
`4.
`
`5.
`
`Claim 5: “wherein the Ethernet communication signals
`are BaseT Ethernet communication signals” ............................ 40
`
`Claim 31: “wherein the DC current comprises a
`predetermined range of magnitudes” ........................................ 40
`
`Claim 43: “wherein the information to distinguish the
`piece of Ethernet terminal equipment from at least one
`other piece of Ethernet terminal equipment” ............................ 41
`
`Claim 53: “wherein a duration of at least one of the
`different magnitudes of the DC current to comprise a
`predetermined range” ............................................................... 42
`
`
`
`ii
`
`AMX and Dell, Inc.
`Exhibit 1009-00003
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`
`
`Declaration of Rich Seifert
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`6.
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`7.
`
`8.
`
`9.
`
`Claim 58: “wherein impedance within the at least one
`path changes” ............................................................................ 43
`
`Claim 70: “wherein the DC current to comprise first
`magnitude of DC current for a first interval followed by
`a second magnitude of DC current for a second interval,
`wherein the second magnitude is greater than the first
`magnitude” ................................................................................ 44
`
`Claim 72: “wherein at least one magnitude of the DC
`current is part of a detection protocol” ..................................... 45
`
`Claim 75: “wherein the electrical component is a
`resistor” ..................................................................................... 45
`
`10. Claim 83: “wherein the piece of Ethernet equipment
`comprises a controller” ............................................................. 45
`
`11. Claim 84: “wherein the controller comprises firmware” .......... 46
`
`12. Claim 103: “wherein the piece of Ethernet of [sic]
`terminal equipment is a piece of powered-off Ethernet
`terminal equipment” ................................................................. 46
`
`13.
`
`Independent Claim 104 ............................................................. 48
`
`14. Claim 107: “wherein the at least one condition
`comprises an impedance condition” ......................................... 48
`
`15. Claim 111: “wherein the information to distinguish the
`powered-off end device from at least one other end
`device” ...................................................................................... 49
`
`16. Claim 123: “wherein at least one of the magnitudes is
`part of a detection protocol” ..................................................... 49
`
`17. Claim 125 (across 104, 111, and 123): “wherein the
`powered-off end device is a powered-off Ethernet end
`device” ...................................................................................... 49
`
`B.
`
`The challenged claims are obvious based on the Auto-
`Negotiation references. ....................................................................... 49
`
`
`
`iii
`
`AMX and Dell, Inc.
`Exhibit 1009-00004
`
`
`
`Declaration of Rich Seifert
`
`1.
`
`Independent Claim 1 ................................................................. 49
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`“A piece of Ethernet terminal equipment” ..................... 49
`
`“an Ethernet connector comprising first and
`second pairs of contacts used to carry
`Ethernet communication signals” ................................... 50
`
`“at least one path for the purpose of drawing
`DC current” .................................................................... 51
`
`“the at least one path coupled across at least
`one of the contacts of the first pair of
`contacts and at least one of the contacts of
`the second pair of contacts” ............................................ 52
`
`“the piece of Ethernet terminal equipment to
`draw different magnitudes of DC current
`flow via the at least one path” ........................................ 52
`
`“the different magnitudes of DC current
`flow to result from at least one condition
`applied to at least one of the contacts of the
`first and second pairs of contacts” .................................. 55
`
`“wherein at least one of the magnitudes of
`the DC current flow to convey information
`about the piece of Ethernet terminal
`equipment” ..................................................................... 57
`
`2.
`
`3.
`
`4.
`
`5.
`
`Claim 5: “wherein the Ethernet communication signals
`are BaseT Ethernet communication signals” ............................ 58
`
`Claim 31: “wherein the DC current comprises a
`predetermined range of magnitudes” ........................................ 58
`
`Claim 43: “wherein the information to distinguish the
`piece of Ethernet terminal equipment from at least one
`other piece of Ethernet terminal equipment” ............................ 59
`
`Claim 53: “wherein a duration of at least one of the
`different magnitudes of the DC current to comprise a
`predetermined range” ............................................................... 60
`
`
`
`iv
`
`AMX and Dell, Inc.
`Exhibit 1009-00005
`
`
`
`Declaration of Rich Seifert
`
`6.
`
`7.
`
`8.
`
`9.
`
`Claim 58: “wherein impedance within the at least one
`path changes” ............................................................................ 61
`
`Claim 70: “wherein the DC current to comprise first
`magnitude of DC current for a first interval followed by
`a second magnitude of DC current for a second interval,
`wherein the second magnitude is greater than the first
`magnitude” ................................................................................ 62
`
`Claim 72: “wherein at least one magnitude of the DC
`current is part of a detection protocol” ..................................... 62
`
`Claim 75: “wherein the electrical component is a
`resistor” ..................................................................................... 63
`
`10. Claim 83: “wherein the piece of Ethernet equipment
`comprises a controller” ............................................................. 63
`
`11. Claim 84: “wherein the controller comprises firmware” .......... 63
`
`12. Claim 103: “wherein the piece of Ethernet of [sic]
`terminal equipment is a piece of powered-off Ethernet
`terminal equipment” ................................................................. 64
`
`13.
`
`Independent Claim 104 ............................................................. 65
`
`14. Claim 107: “wherein the at least one condition
`comprises an impedance condition” ......................................... 65
`
`15. Claim 111: “wherein the information to distinguish the
`powered-off end device from at least one other end
`device” ...................................................................................... 65
`
`16. Claim 123: “wherein at least one of the magnitudes is
`part of a detection protocol” ..................................................... 65
`
`17. Claim 125 (across 104, 111, and 123): “wherein the
`powered-off end device is a powered-off Ethernet end
`device” ...................................................................................... 65
`
`
`
`v
`
`AMX and Dell, Inc.
`Exhibit 1009-00006
`
`
`
`Declaration of Rich Seifert
`
`I, Rich Seifert, declare as follows:
`
`I.
`
`Introduction
`
`1.
`
`I am an expert in the field of communication systems. I submit this
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`declaration on behalf of Petitioners AMX and Dell, Inc. (collectively, “Petitioner”)
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`to analyze, render opinions, and/or provide expert testimony regarding the validity
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`of certain claims of U.S. Patent No. 8,942,107 (“the ’107 patent”). I understand
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`that Petitioner submitted the ’107 patent as Exhibit 1003.
`
`2.
`
`I am being compensated at my usual rate of $400 per hour for the time
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`spent by me in connection with these proceedings. This compensation is not
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`contingent upon my opinions or the outcome of the proceedings. I have personal
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`knowledge of the facts set forth in this declaration and, if called to testify as a
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`witness, could and would competently testify to them under oath.
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`II. Background/Qualifications
`3.
`
`I am currently the President of Networks & Communications
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`Consulting in Los Gatos, California. I received a Bachelor in Engineering
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`(Electrical Engineering) degree from the City College of New York in 1976. I
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`received a Master of Science (Electrical Engineering) degree in 1979 from the
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`Worcester Polytechnic Institute, a Master of Business Administration degree in
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`1984 from Clark University, and a Juris Doctor degree in 2006 from Santa Clara
`
`University. I have over 45 years of experience in computer and communications
`
`
`
`1
`
`AMX and Dell, Inc.
`Exhibit 1009-00007
`
`
`
`Declaration of Rich Seifert
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`technology, and have worked for the past 35 years on the architecture and design
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`of data communications networks and networking products. My curriculum vitae,
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`which I understand has been submitted as Exhibit 1010, includes a list of
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`publications I have authored and legal cases in which I have been involved.
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`III. Documents and Materials Considered
`4.
`
`I understand that Petitioner has submitted a list of materials that I have
`
`considered in rendering the opinions expressed herein as Exhibit 1011. In forming
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`my opinions, I have also relied on my experience and education.
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`IV. Legal Principles
`5.
`
`I am not a patent attorney and offer no opinions on the law. However,
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`I have been informed by counsel of the legal standards that apply with respect to
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`patent validity and invalidity, and I have applied them in arriving at my
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`conclusions.
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`6.
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`I understand that in an inter partes review the petitioner has the
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`burden of proving a proposition of unpatentability by a preponderance of the
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`evidence. I understand this standard is different from the standard that applies in a
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`district court, where I understand a challenger bears the burden of proving
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`invalidity by clear and convincing evidence.
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`7.
`
`I have been informed and understand that a patent claim is invalid
`
`based on anticipation if a single prior art reference discloses all of the limitations
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`
`
`2
`
`AMX and Dell, Inc.
`Exhibit 1009-00008
`
`
`
`Declaration of Rich Seifert
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`of that claim, and does so in a way that enables on of ordinary skill in the art to
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`make and use the invention. Each of the claim limitations may be expressly or
`
`inherently present in the prior art reference. I understand that if the prior art
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`necessarily functions in accordance with, or includes a claim’s limitation, then that
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`prior art inherently discloses that limitation. I have relied on this understanding in
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`expressing the opinions set forth below.
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`8.
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`I understand that a prior art reference describes the claimed invention
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`if it either expressly or inherently describes each and every feature (or element or
`
`limitation) set forth in the claim; i.e., in determining whether a single item of prior
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`art anticipates a patent claim, one should take into consideration not only what is
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`expressly disclosed in that item, but also what is inherently present as a natural
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`result of the practice of the system or method disclosed in that item.
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`9.
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`It is my further understanding that to establish such inherency, the
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`evidence must make clear that the missing descriptive matter is necessarily present
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`in the item of prior art and that it would be so recognized by persons of ordinary
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`skill in the art. I also understand that prior art use of the claimed patented invention
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`that was accidental, unrecognized, or unappreciated at the time of filing can still be
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`an invalidating anticipation.
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`10.
`
`I understand that although multiple prior art references may not be
`
`combined to show anticipation, additional references may be used to interpret the
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`
`
`3
`
`AMX and Dell, Inc.
`Exhibit 1009-00009
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`
`
`Declaration of Rich Seifert
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`allegedly anticipating reference and shed light on what it would have meant to
`
`those skilled in the art at the time of the invention. These additional references
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`must make it clear that the missing descriptive matter in the patent claim is
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`necessarily present in the allegedly anticipating reference, and that it would be so
`
`recognized by persons of ordinary skill in the art.
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`11.
`
`I also understand that a patent may not be valid even though the
`
`invention is not identically disclosed or described in the prior art if the differences
`
`between the subject matter sought to be patented and the prior art are such that the
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`subject matter as a whole would have been obvious to a person having ordinary
`
`skill in the art in the relevant subject matter at the time the invention was made.
`
`12. To determine if a claim is obvious, the following factors should be
`
`considered: (1) the level of ordinary skill in the art at the time the invention was
`
`made; (2) the scope and content of the prior art; (3) the differences between the
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`claimed invention and the prior art; and (4) so-called secondary considerations,
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`including evidence of commercial success,
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`long-felt but unsolved need,
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`unsuccessful attempts by others, copying of the claimed invention, unexpected and
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`superior results, acceptance and praise by others, independent invention by others,
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`and the like.
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`13. For example, I understand that the combination of familiar elements
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`according to known methods is likely to be obvious when it does no more than
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`
`
`4
`
`AMX and Dell, Inc.
`Exhibit 1009-00010
`
`
`
`Declaration of Rich Seifert
`
`yield predictable results. I also understand that an obviousness analysis need not
`
`seek out precise teachings directed to the specific subject matter of the challenged
`
`claim because a court can take account of the inferences and/or creative steps that a
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`person of ordinary skill in the art would employ.
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`14.
`
`I also understand that the obviousness determination of an invention
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`turns on whether a hypothetical person with ordinary skill and full knowledge of
`
`all the pertinent prior art, when faced with the problem to which the claimed
`
`invention is addressed, would be led naturally to the solution adopted in the
`
`claimed invention or would naturally view that solution as an available alternative.
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`Facts to be evaluated in this analysis include:
`
`1.
`
`2.
`
`3.
`
`4.
`
`(1)
`
`(2)
`
`(3)
`
`(4)
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`the scope and contents of the prior art;
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`differences between the prior art and the claims at issue;
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`the level of ordinary skill in the pertinent art; and
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`evidence of objective factors suggesting or negating
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`obviousness.
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`15.
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`I understand that the following rationales may be used to determine
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`whether a piece of prior art can be combined with other prior art or with other
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`information within the knowledge of one of ordinary skill in the art:
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`5.
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`(A) Combining prior art elements according to known
`
`methods to yield predictable results;
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`
`
`5
`
`AMX and Dell, Inc.
`Exhibit 1009-00011
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`
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`Declaration of Rich Seifert
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`6.
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`(B) Simple substitution of one known element for another to
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`obtain predictable results;
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`7.
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`(C) Use of known techniques to improve similar devices
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`(methods, or products) in the same way;
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`8.
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`(D) Applying a known technique to a known device (method,
`
`or product) ready for improvement to yield predictable results;
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`9.
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`(E)
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`“Obvious to try”—choosing from a finite number of
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`identified, predictable solutions, with a reasonable expectation
`
`of success;
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`10.
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`(F) Known work in one field of endeavor may prompt
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`variations of it for use in either the same field or a different one
`
`based on design incentives or other market forces if the
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`variations would have been predictable to one of ordinary skill
`
`in the art; or
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`11.
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`(G) Some teaching, suggestion, or motivation in the prior art
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`that would have led one of ordinary skill to modify the prior art
`
`reference or to combine prior art reference teachings to arrive at
`
`the claimed invention.
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`16.
`
`I understand that when a work is available in one field of endeavor,
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`design incentives and/or other market forces, for example, can prompt variations of
`
`
`
`6
`
`AMX and Dell, Inc.
`Exhibit 1009-00012
`
`
`
`Declaration of Rich Seifert
`
`it, either in the same field or a different one. Moreover, if a person of ordinary skill
`
`can implement a predictable variation, I understand that that likely bars its
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`patentability.
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`17.
`
`I understand that obviousness must be tested as of the time the
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`invention was made. I understand that the test for obviousness is what the
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`combined teachings of the prior art references would have suggested, disclosed, or
`
`taught to one of ordinary skill in the art. In particular, it is my understanding that a
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`patent claim is invalid based upon obviousness if it does nothing more than
`
`combine familiar elements from one or more prior art references or products
`
`according to known methods to yield predictable results. For example, I understand
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`that where a technique has been used to improve one device, and a person of
`
`ordinary skill in the art would have recognized that it would improve similar
`
`devices in the same way, using that technique is obvious. I understand that
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`obviousness can be proved by showing that a combination of elements was
`
`obvious to try, i.e.: that it does no more than yield predictable results; implements a
`
`predictable variation; is no more than the predictable use of prior art elements
`
`according to their established functions; or when there is design need or market
`
`pressure to solve a problem and there are a finite number of identified, predictable
`
`solutions. I have been further informed that when a patent claim simply arranges
`
`old elements with each element performing the same function it had been known to
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`
`
`7
`
`AMX and Dell, Inc.
`Exhibit 1009-00013
`
`
`
`Declaration of Rich Seifert
`
`perform and yields results no more than one would expect from such an
`
`arrangement, the combination is obvious.
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`18.
`
`I understand that another factor to be considered is common sense.
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`For example, I understand that common sense teaches that familiar items may have
`
`obvious uses beyond their primary purposes, and, in many cases, a person of
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`ordinary skill will be able to fit the teachings of multiple patents together like
`
`pieces of a puzzle.
`
`19.
`
`I have been informed and understand that the Supreme Court
`
`articulated additional guidance for obviousness in its KSR decision.1 My
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`understanding is that the Supreme Court said that technical people of ordinary skill
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`look for guidance in other solutions to problems of a similar nature, and that the
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`obviousness inquiry must track reality, and not legal fictions.2 I have relied on
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`these understandings in expressing the opinions set forth below.
`
`20.
`
`I understand that a new use of an old product or material cannot be
`
`
`1
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
`2
`“The obviousness analysis in the patent context cannot be confined by a
`formalistic conception of the words teaching, suggestion, and motivation, or by
`overemphasis on the importance of published articles and the explicit content of
`issued patents. The diversity of inventive pursuits and of modern technology
`counsels against limiting the analysis in this way. In many fields it may be that
`there is little discussion of obvious techniques or combinations, and it often may be
`the case that market demand, rather than scientific literature, will drive design
`trends.” KSR, 550 U.S. at 419.
`
`
`
`8
`
`AMX and Dell, Inc.
`Exhibit 1009-00014
`
`
`
`Declaration of Rich Seifert
`
`claimed as a new product; the apparatus or system itself is old and cannot be
`
`patented. I further understand that, in general, merely discovering and claiming a
`
`new benefit to an old process cannot render the process newly patentable.
`
`V.
`
`State of the Art
`
`21. The challenged claims recite well-known structural elements of an
`
`Ethernet connector and a path coupled between two pairs of contacts. Indeed, this
`
`form of connection existed in Ethernet communication systems dating to the first
`
`Ethernet standards in 1980. Further still, twisted-pair wiring configurations, such
`
`as 10BASE-T, would use paths coupled between pairs of connector contacts
`
`because of its use of separate transmit and receive pairs, each of which allows
`
`information to be sent differentially to benefit signal propagation. As Patent Owner
`
`has admitted, the challenged claims recite these well-known structural elements.
`
`22. The challenged claims further recite well-known functional features.
`
`For instance, the claims provide that the equipment is “to draw different
`
`magnitudes of DC current flow,” that this is “to result from at least one condition
`
`applied” to a contact, and that at least one of the magnitudes is “to convey
`
`information about the piece of Ethernet terminal equipment.” These are basic
`
`functional features that can be used with prior art Ethernet systems.
`
`23. For instance, U.S. Patent No. 4,733,389 shows the following
`
`configuration:
`
`
`
`9
`
`AMX and Dell, Inc.
`Exhibit 1009-00015
`
`
`
`Declaration of Rich Seifert
`
`
`(Puvogel at FIG. 2.) In this figure, the Ethernet equipment (transceiver 70) has an
`
`Ethernet connector comprising first and second pairs of contacts (e.g., pairs 1, 6
`
`and 5, 9). Power supply 42 applies a condition, namely a DC voltage between 11.4
`
`to 15.75 volts to pins 1 and 6. This causes transceiver 70 to draw magnitudes of
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`DC current. The DC current returns to the host station 60 through pins 5 and 9 and
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`conveys to the host station 60, at a minimum, whether transceiver 70 is properly
`
`connected or disconnected.
`
`24. The path is completed through the DC/DC converter 48. Fig. 3-13
`
`below depicts a typical DC/DC converter as used in transceiver 70:
`
`
`
`10
`
`AMX and Dell, Inc.
`Exhibit 1009-00016
`
`
`
`Declaration of Rich Seifert
`
`
`
`H4000 Ethernet Transceiver Technical Manual at 3-25 (annotations added).
`
`25. From the figure, it can be seen that the path passes from the connector
`
`pin through inductor L2, power switch Q5, and the primary winding of transformer
`
`T2. T2 is connected to the Power Return signal, which is present on a second
`
`connector pin.
`
`26.
`
`It was well-known that magnitudes of DC current can convey
`
`information about a device. In fact, this is a simple application of Ohm’s law
`
`(Current (I) = Voltage (V) ÷ Resistance (R)). For example, U.S. Patent No.
`
`2,822,519 (“Murphy) disclosed an apparatus incorporating in paths “known values
`
`of resistors and a meter with a source of direct current to identify circuits that have
`
`
`
`11
`
`AMX and Dell, Inc.
`Exhibit 1009-00017
`
`
`
`Declaration of Rich Seifert
`
`been connected.” (Murphy at 1:20-22.) Murphy uses multiple contacts and twisted
`
`pairs. In the context of evaluating how much power to send to a device, the same
`
`concept was recognized as well-known prior art in U.S. Patent No. 5,200,686
`
`(“Lee”), in which the resistance in a path (measured using Ohm’s law and a known
`
`voltage or current) was associated with the power charging requirements for the
`
`device.
`
`27. Similarly, in the system shown in Fig. 2 above, a person of ordinary
`
`skill would know that a measurement of the current drain from the 11.4 to 15.75 V
`
`DC supply 42 would convey whether the transceiver was connected to the cable,
`
`and operating within its specified parameters. The IEEE 802.3 standard for
`
`10BASE5 specifies that transceivers (such as shown in Fig. 2 above) can draw a
`
`maximum of 0.5A of DC current. IEEE 802.3 at Clause 8.3.2.2. A typical steady-
`
`state current drain from such a transceiver is shown in the figure, below:
`
`See H4000 Ethernet Transceiver Technical Manual at 2-8.
`
`
`
`12
`
`
`
`AMX and Dell, Inc.
`Exhibit 1009-00018
`
`
`
`Declaration of Rich Seifert
`
`28. A person of ordinary skill would know that a current drain on the
`
`order of a few hundred milliamps would indicate proper connection of the
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`transceiver; a current drain exceeding 500 mA would indicate a faulty device
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`(according to the Ethernet specification), and a very low or zero current drain
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`would indicate either a defective or disconnected device. In this way, the
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`magnitude of DC current drawn would convey information about the Ethernet
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`device, resulting from the condition (i.e., the voltage applied) to the pins of its
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`connector.
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`VI. Admitted Prior Art
`29. As discussed below, Ethernet and Ethernet data terminal equipment
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`were known in the prior art. An Ethernet connector comprising a plurality of
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`contacts was also known in the prior art, and creating a path across selected
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`contacts of that Ethernet connector was also known in the prior art.
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`30.
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`In fact, Ethernet connectors comprising a plurality of contacts existed
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`long prior to the 10BASE-T system. For example, the Ethernet Version 1
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`specification, published on September 30th, 1980 teaches two different Ethernet
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`connectors, each comprising a plurality of connectors. See generally, Ethernet V1,
`
`Clause 7.
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`31. A “transceiver cable connector” comprising 15 contacts is disclosed
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`
`
`13
`
`AMX and Dell, Inc.
`Exhibit 1009-00019
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`
`
`Declaration of Rich Seifert
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`for connecting an Ethernet station to a physically separate transceiver.3 Ethernet
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`V1 at 53-56 (§7.2). A second “coaxial cable connector” comprising two contacts is
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`disclosed for connecting sections of the shared coaxial cable communications
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`medium. Ethernet V1 at 60 (§7.3.1.2). See also, IEEE 802.3-1985 at 114-115 (§8.5
`
`et seq.)
`
`32.
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`It was well-known to persons of ordinary skill that having a path
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`coupled across selected contacts of an Ethernet connector was prior art and could
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`not be an inventive element of any claim of the ‘012 patent, even at the earliest
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`possible priority date. For example, the Ethernet Version 1 Specification discloses
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`a schematic diagram with a path coupled between contacts of the Ethernet
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`transceiver cable connector:
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`
`3
`When the original Ethernet specification was transformed into the IEEE
`802.3 specification, first published in 1985, the terms “transceiver cable” and
`“transceiver cable connector” were changed to “Attachment Unit Interface [AUI}
`cable” and “Attachment Unit Interface [AUI] connector. See, generally, IEEE
`802.3-1985 Clause 7.
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`
`
`
`
`14
`
`AMX and Dell, Inc.
`Exhibit 1009-00020
`
`
`
`Declaration of Rich Seifert
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`33. A path between two contacts of the Ethernet transceiver cable
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`including, inter alia, a center-tapped 78 Ω impedance (two 39 Ω resistors in series)
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`that will be discussed in greater detail below, is clearly shown in the figure above.
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`Whenever electronic components of any sort (including wires, passive resistors or
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`capacitors, active circuitry, etc.) are attached across pins of an Ethernet connector,
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`a path is created that is coupled across selected contacts.
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`34. Patent Owner’s expert also concedes that an Ethernet connector
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`comprising a plurality of contacts was well-known:
`
`Q: Okay. So this figure is known, an Ethernet connector
`comprising a plurality of contacts is known, correct?
`
`A: Yes.
`
`(Baxter Dep. Tr. at 113.)
`
`35. Patent Owner’s expert further concedes that having a path coupled
`
`across selected contacts of a given Ethernet connector was already known to
`
`persons of ordinary skill.
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`Q: And you say a person would understand what it means to have
`a path coupled between contacts of an Ethernet connector,
`correct?
`
`A: Mm-hmm.
`
`
`
`…
`
`Q: But you’re not asserting that the inventors invented having a
`path across the two contacts, right?
`
`A: No.
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`15
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`
`
`
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`AMX and Dell, Inc.
`Exhibit 1009-00021
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`
`
`Declaration of Rich Seifert
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`
`
`
`
`…
`
`Q: …Would a person of ordinary skill in the art at the date of filing of
`the earliest patent application or the date of invention have
`already seen something similar to the schematic in paragraph
`77?
`
`A: Whether they would have seen this exact schematic or not, I
`don’t know, but certainly you would be familiar with what the
`Ethernet connector is, what an impedance is, and what a path is.
`So I think those are very familiar concepts to anyone of skill in
`the art at that time and since Ethernet, you know, twisted
`pairing had been around for some years, certainly they would
`have seen schematics that had connections across the contacts
`of a modular jack.
`
`(Baxter Dep. Tr. at 114-116 (objections omitted).)
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`36. As discussed above,
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`terminal equipment,
`
`including
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`terminal
`
`equipment having an Ethernet connector was known in the prior art.
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`37. Similarly, coupling a path across specific contacts of an Ethernet
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`connector comprising 8 contacts (numbered 1 through 8) was also known to
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`persons of ordinary skill. The IEEE 802.3i-1990 specification (10BASE-T)
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`discloses such an Ethernet connector, with eight contacts numbered 1 through 8:
`
`
`
`16
`
`AMX and Dell, Inc.
`Exhibit 1009-00022
`
`
`
`IEEE
`Declaration of Rich Seifert
`Std 802.3, 2000 Edition
`
`LOCAL AND METROPOLITAN AREA NETWORKS:
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`Figure 14–20—MAU MD