Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,332,677
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`WhatsApp Inc.
`Petitioner
`
`v.
`
`TriPlay Communications Ltd.
`Patent Owner
`
`U.S. Patent No. 8,874,677
`Filing Date: November 16, 2012
`Issue Date: October 28, 2014
`
`Title: MESSAGING SYSTEM AND METHOD
`
`
`
`DECLARATION OF DAVID KLAUSNER
`
`Inter Partes Review No. 2016-__
`
`
`
`
`
`
`
`
`
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`WHATSAPP INC'S EXHIBIT NO. 1002
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`

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`Table of Contents
`
`
`Page
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS .............................................. 1
`
`A. Qualifications and Experience ............................................................. 1
`
`B. Materials Considered ............................................................................ 6
`
`II.
`
`PERSON OF ORDINARY SKILL IN THE ART ......................................... 8
`
`III. RELEVANT TECHNOLOGY BACKGROUND ......................................... 9
`
`IV. THE ’677 PATENT’S MESSAGING SYSTEM AND METHOD ............. 13
`
`A.
`
`B.
`
`C.
`
`The Specification and File History of the ’677 Patent ....................... 13
`
`The Claims of the ’677 Patent ............................................................ 18
`
`Claim Construction............................................................................. 22
`
`1.
`
`2.
`
`“Message” ................................................................................ 23
`
`“Template” ............................................................................... 23
`
`V. APPLICATION OF THE PRIOR ART TO THE CLAIMS OF THE
`’677 PATENT ............................................................................................... 24
`
`A.
`
`Claims 1, 2, 11, 13, 14, 16, 17, 20, AND 21 Are Obvious Over
`Coulombe in View of Bellordre and Friedman .................................. 26
`
`1.
`
`Brief Summaries of Coulombe [Ex. 1003], Bellordre [Ex.
`1004], and Friedman [Ex. 1005] .............................................. 26
`
`2.
`
`Claim 1 ..................................................................................... 31
`
`a.
`
`b.
`
`c.
`
`d.
`
`“receiving, by a messaging system, an initial
`message sent by an originating communication
`device to a destination communication device” ............ 33
`
`“the initial message being characterized, at least,
`by message format, an initial message layout and
`data indicative of at least one receiver associated
`with the initial message” ................................................ 34
`
`“wherein the initial message includes a video” ............. 36
`
`“obtaining, by the messaging system, data
`indicative of displaying capabilities of the
`destination communication device” .............................. 38
`
`
`
`-i-
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`Table of Contents
`(continued)
`
`Page
`
`e.
`
`f.
`
`g.
`
`h.
`
`“before delivery to the destination communication
`device associated with the at least one receiver,
`enabling, by the messaging system, conversion, in
`accordance with a criterion related to the
`displaying capabilities of the destination
`communication device, of the initial message into
`an adapted message” ...................................................... 40
`
`“wherein the conversion comprises: a) providing,
`by the messaging system, a clickable icon: i) based
`on the video from the initial message and ii)
`clickable into an adapted version of the video,
`wherein the adapted version of the video is adapted
`to the displaying capabilities of the destination
`communication device” ................................................. 42
`
` “b) determining, by the messaging system, an
`adapted message layout, comprising the clickable
`icon” ............................................................................... 48
`
`“facilitating, by the messaging system, delivery of
`the adapted message to the destination
`communication device” ................................................. 51
`
`3.
`
`Claim 14 ................................................................................... 51
`
`a.
`
`“The method of claim 1, wherein the enabling, by
`the messaging system, conversion of the initial
`message into the adapted message comprises
`converting, by the messaging system, the initial
`message into the adapted message” ............................... 52
`
`b.
`
`“wherein the clickable icon is adapted to the
`displaying capabilities of the destination device” ......... 53
`
`4.
`
`Claim 2 ..................................................................................... 54
`
`a.
`
`b.
`
`“The method of claim 1, wherein the adapted
`message is further characterized by adapted
`message format” ............................................................ 54
`
`“providing the adapted format by trans-coding the
`initial message” .............................................................. 55
`
`
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`-ii-
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`Table of Contents
`(continued)
`
`Page
`
`5.
`
`6.
`
`Claims 11, 16, and 17 .............................................................. 55
`
`Claims 13, 20, and 21 .............................................................. 58
`
`B.
`
`Claims 3, 5, 12, and 19 Are Obvious Over Coulombe in view of
`Bellordre and Friedman, and further in view of Meyer and Ito,
`and Claims 4 and 18 Are Obvious Over Coulombe in view of
`Bellordre, Friedman, Meyer, and Ito, and further in view
`of Surana, Respectively ...................................................................... 62
`
`1.
`
`Brief Summaries of Surana [Ex. 1006], Ito [Ex. 1007],
`and Meyer [Ex. 1008] .............................................................. 63
`
`2.
`
`Claim 3 ..................................................................................... 65
`
`a.
`
`“The method of claim 1, wherein the initial
`message is characterized by the initial message
`layout based on a template, the template being
`characterized by, at least, a unique template
`identifier” ....................................................................... 65
`
`b.
`
`“wherein the adapted message layout is provided
`in accordance with the unique template identifier” ....... 71
`
`3.
`
`Claim 5 ..................................................................................... 77
`
`a.
`
`b.
`
`“The method of claim 3, wherein the template
`comprises a set of items related to media objects” ........ 77
`
`“wherein the items related to media objects are
`selected from the group consisting of media
`objects, thumbnails related to media objects, and
`controls related to media objects” ................................. 78
`
`4.
`
`5.
`
`Claims 12 and 19...................................................................... 79
`
`Claim 4 ..................................................................................... 80
`
`a.
`
`“The method of claim 3, further comprising
`associating at least the unique template identifier
`with one or more predefined adapted message
`layouts” .......................................................................... 81
`
`
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`-iii-
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`Table of Contents
`(continued)
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`Page
`
`b.
`
`“selecting the adapted message layout from the
`predefined message layouts, the selecting being
`performed based, at least in part, on the unique
`template identifier and the criterion related to the
`destination communication device” .............................. 86
`
`6.
`
`Claim 18 ................................................................................... 88
`
`VI. CONCLUSION ............................................................................................. 89
`
`
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`-iv-
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`I, David Klausner, declare as follows:
`
`I.
`
`INTRODUCTION AND QUALIFICATIONS
`
`A. Qualifications and Experience
`
`1.
`
`I am currently employed as an independent computer expert and
`
`consultant. I have a bachelor’s degree in Mathematics, a master of science degree
`
`in Electrical Engineering, and over 48 years of professional experience in the
`
`areas of computer networking, security and software. During that time, I have
`
`worked as a consultant, as an expert, as an engineer, as a software developer, as a
`
`manager, as a company executive, and as a forensic investigator.
`
`2. Specific computer-related technologies that I have worked with
`
`include networks, network devices such as routers and switches, internet, web
`
`technologies (such as servers, clients, messaging, scripts, applets, and
`
`applications), protocols, videoconferencing systems, operating systems, computer
`
`hardware, source code, and programming languages.
`
`3.
`
`In addition, my working experience includes developing software for,
`
`among other things, network data communications, business applications, data
`
`management, database design, client/server, compilers, parsers, programming
`
`languages, user interfaces, quality assurance, real-time applications, artificial
`
`intelligence, utility programs, diagnostics, machine simulators, performance
`
`1
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
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`analyzers, EDI applications, general ledger, inventory control, software auditing,
`
`manufacturing processes, insurance, financial, and statistical process control. I
`
`have designed and developed, as well as managed and assisted in the design and
`
`development of, computer hardware and software systems. Some of my clients
`
`have been computer software companies, including Symantec, Adobe, Nortel,
`
`Intel Corp., Hewlett-Packard, and IBM.
`
`4. My experience includes decades of software development, consulting
`
`and expert testimony experience in many aspects of the computer field, from
`
`microcomputers to mainframes, and in all areas of programming. I also have
`
`experience as an engineer, developer, supervisor, project manager, department
`
`manager, middle manager, and company executive, as well as experience in
`
`forensic investigation and reverse engineering.
`
`5.
`
`I possess many years of experience designing and implementing
`
`messaging systems between user devices. A sampling of my experience in
`
`designing, implementing, deploying, and maintaining systems for exchanging
`
`messages between user devices is as follows:
`
`6. My early introduction to computer-based messaging occurred from
`
`1967 to 1974, while working at the University Applications Processing Center in
`
`Brooklyn, NY. While there, I worked on the deployment and maintenance of
`
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`computer systems and software programs for electronic messaging between user
`
`terminals and systems. Two such computer systems were “WYLBUR” and the
`
`IBM Time Sharing Option (“TSO”). WYLBUR and TSO were time-sharing
`
`software systems that provided a number of features, including allowing a user at
`
`one terminal to send electronic messages to a user at another terminal (on the
`
`same computer system or on a different computer system). The user terminals in
`
`those software and computer systems (which were typewriter-like devices) were
`
`connected to the computer system mainframe(s) through telephone or other
`
`communication lines. The TSO product also provided a “SEND” command that
`
`allowed a user to send a message to a recipient, which would be received
`
`immediately if the recipient was logged-in. I modified the WYLBUR source
`
`code, and maintained the WYLBUR software system after deployment by
`
`applying software updates, including fixes and patches. I also maintained the
`
`TSO software system after deployment by applying software updates, including
`
`fixes and patches.
`
`7. During the late 1970s and the 1980s, I directly worked on a variety of
`
`messaging systems. From 1974 to 1982, for example, while an employee at
`
`IBM, I worked as a member or manager on several teams that designed and
`
`developed COBOL and PL/I source code using the IBM VM/CMS product.
`
`3
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
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`
`VM/CMS was a virtual machine mainframe operating system that allowed
`
`mainframe and PC users, among other things, to send and receive electronic notes
`
`and messages (functionally similar to modern day instant messaging and email).
`
`I also installed and tested VM/CMS on IBM mainframes as part of managing the
`
`development of mainframe computer language compilers to ensure compatibility
`
`between VM/CMS and the compilers I was writing. I also designed and
`
`developed source code scripts that I ran on the VM/CMS to perform instant
`
`messaging.
`
`8. From 1983 to 1985, I worked on the design and development of a
`
`version of the computer software product called “PC-Talk,” which was
`
`introduced in or about 1982. PC-Talk was a computer program that allowed a PC
`
`to establish a connection (e.g., using a modem) with other PCs equipped with
`
`communications facilities. Once a connection was established between two PCs,
`
`electronic messages could be exchanged. My work on PC-Talk included refining
`
`and enhancing the capabilities of the program by modifying and rewriting
`
`portions of its source code. The refinements and enhancements for which I was
`
`responsible include reformatting of instant messages, scanning of content for
`
`data, and alteration of the display of messages to include time stamps and
`
`columniation.
`
`4
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`9. Throughout the 1990s and continuing to this day, I have designed and
`
`built heterogeneous messaging networks for my own business, which I continue
`
`to maintain to this day. I also have consulted on a number of matters involving
`
`messaging systems between user devices. Through the course of consulting in
`
`these matters, I repeatedly studied in detail messaging systems between user
`
`devices, including e-mail systems, videoconferencing systems, and instant
`
`messaging systems. Moreover, the messaging systems I studied involved a
`
`variety of user devices, including computers and mobile phones. These
`
`consulting experiences have provided me with a deep understanding of networks
`
`(e.g., public switched and private fixed line networks, cellular networks, Internet,
`
`cable networks), devices (e.g., computers, cellular phones, TV set-up boxes), and
`
`communications protocols (e.g., XMPP, HTTP, WAP, SMS, MMS, SMTP) used
`
`in modern messaging systems.
`
`10. The above outline of my experience with messaging systems between
`
`user devices is not comprehensive of all of my experience over my more than 48
`
`years of technical experience. Additional details of my background are set forth
`
`in my curriculum vitae, attached as Exhibit A to this Declaration, which provides
`
`a more complete description of my educational background and work experience.
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`11. I am being compensated for the time I have spent on this matter at the
`
`rate of $650 per hour. My compensation does not depend in any way on the
`
`outcome of this proceeding.
`
`B. Materials Considered
`
`12. The analysis that I provide in this Declaration is based on my
`
`education and experience in the field of computer systems, as well as the
`
`documents I have considered, including U.S. Patent No. 8,332,677 (“’677
`
`patent”) [Ex. 1001], which states on its face that it issued from an application
`
`filed on November 16, 2012. The filing date of the earliest application appearing
`
`on the face of the ’677 patent is August 22, 2005. I also reviewed the prosecution
`
`histories of the ’677 patent and its parent, U.S. Patent No. 8,332,475 (“’475” or
`
`“the ’475 patent”).
`
`13. I reviewed various documents dated prior to August 2005 describing
`
`the state of the art at the time of the alleged invention of the ’677 patent. As I
`
`explain below, some of these documents are relied upon as actually disclosing the
`
`limitations of the ’677 patent, while others are being relied on primarily for
`
`background purposes. The prior art documents that I rely on in this Declaration as
`
`actually disclosing the limitations of the claims are:
`
`
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`Ex. No.
`
`Description of Document
`
`1003 U.S. Patent App. Pub. No. 2003/0236892 to Stephane Coulombe
`(“Coulombe”)
`
`1004 U.S. Patent Pub. No. 2006/0176902 to Bellordre et al. (“Bellordre”)
`
`1005 U.S. Patent No. 7,593,991 to Friedman et al. (“Friedman”)
`
`1006 U.S. Patent Pub. No. 2006/0069790 to Surana (“Surana”)
`
`1007 U.S. Patent Pub. No. 2003/0084405 to Ito et al. (“Ito”)
`
`1008 Meyer, Cascading Style Sheets: The Definitive Guide (2nd ed. 2004)
`(“Meyer”), pp. 1-22, 88-89, 91, 361-84
`
`14. This Declaration also cites the following documents for purposes such
`
`as describing the relevant technology, including the relevant state of the art at the
`
`time of the alleged invention of the ’677 patent:
`
`Exhibit
`No.
`
`1009
`
`Description of Document
`
`John F. Meech et al., A Multi-Agent System for Personal Messaging
`(2000) (“Meech”)
`
`1010 U.S. Patent No. 6,167,441 to Maria Azua Himmel (“Himmel”)
`
`1011
`
`5/18/12 Reply to Office Action
`
`1013 U.S. Patent Pub. No. 2003/0208547 to Branimir (“Branimir”)
`
`1014 U.S. Patent No. 6,728,757 to Friend (“Friend”)
`
` 1015 Tittel et al., More HTML for Dummies (2nd ed. 1997) (“Tittel”) , pp. 1,
`4, 17, 57-84, 262, 362
`
`7
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`Exhibit
`No.
`
`1016
`
`Description of Document
`
`Random House Concise Dictionary of Science & Computers (2004)
`(“Random House Dictionary”), pp. 646-47
`
`1017 Newton’s Telecom Dictionary (22nd ed. 2006) (“Newton Dictionary”),
`p. 911
`
`1018 U.S. Patent No. 8,181,104 to Helfand et al. (“Helfand”)
`
`1019 Bodic, Multimedia Messaging Service: an Enginnering Approach to
`MMS (2003) (“Bodic”) , p. 106
`
`1020 Oxford: A Dictionary of Computing (5th ed. 2004) (“Oxford
`Dictionary”), pp. 306-07, 524-45
`
`1021
`
`The Authoritative Dictionary of IEEE Standards Terms (7th ed. 2000)
`(“IEEE Dictionary”), p. 640
`
`
`II.
`
`PERSON OF ORDINARY SKILL IN THE ART
`
`15. I understand that an assessment of claims of the ’677 patent should be
`
`undertaken from the perspective of a person of ordinary skill in the art as of the
`
`earliest claimed priority date, which I understand is August 22, 2005.
`
`16. In my opinion, a person of ordinary skill in the art as of August 2005
`
`would possess at least a bachelor’s degree in electrical engineering or computer
`
`science (or equivalent degree or experience) with at least two years of experience
`
`in the design and implementation of systems for sending and receiving messages
`
`over a communications network, such as the Internet. This experience would
`
`include an understanding of (a) network communications protocols used to
`
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
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`exchange messages over a network (such as the Hypertext Transport Protocol
`
`(HTTP), Simple Mail Transfer Protocol (SMTP) or Session Initiated Protocol
`
`(SIP)), and (b) formats that can be used to encode the messages exchanged over
`
`the network.
`
`17. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis
`
`and opinions regarding the ’677 patent have been based on the perspective of a
`
`person of ordinary skill in the art as of August 2005.
`
`III. RELEVANT TECHNOLOGY BACKGROUND
`
`18. The ’677 patent, which is entitled “Messaging System and Method,”
`
`discloses a system and method for sending a message from an originating
`
`communication device to a destination communication device. (’677, Abstract.)
`
`In this section, I provide a brief background of the state of the art pertinent to the
`
`’677 patent as of August 2005.
`
`19. Computer communications networks have existed for decades. The
`
`network known today as the Internet, for example, was originally referred to as
`
`ARPANET when it started in 1969. By the late 1990s, computer networks were
`
`used by millions worldwide to send and receive messages and browse web sites
`
`over the World Wide Web (WWW). Until the 1990s, most users of computer
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
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`networks accessed them using the familiar “desktop” computer, which typically
`
`included a full-size keyboard and a display monitor (e.g. 15 inches or larger).
`
`20. However, technological improvements in the 1990s enabled a new
`
`breed of smaller and more portable computing devices to emerge. These devices,
`
`like traditional desktop computers, had the ability to connect to and send
`
`messages over computer networks. But because of their size and other physical
`
`limitations, they lacked the full-size keyboard and display monitor that desktop
`
`users took for granted.
`
`21. This issue was recognized as early as 1997, as shown in U.S. Patent
`
`No. 6,167,441 to Maria Azua Himmel (“Himmel”) [Ex. 1010] and assigned to
`
`IBM. Himmel describes a technique for sending HTML documents (web pages)
`
`to a destination device that are customized and tailored to the capabilities of that
`
`device. As Himmel explained:
`
`The client devices differ
`
`in
`
`their display capabilities, e.g.,
`
`monochrome, color, different color palettes, resolution, size. They
`
`also vary in the input devices which may be attached, e.g., mouse and
`
`keyboard, touch sensor, remote control for a TV set-top box.
`
`Furthermore, the browsers themselves can vary in the languages
`
`supported, e.g., HTML, dynamic HTML, XML, Java, JavaScript.
`
`Because of these differences, the web browsing experience of
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
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`browsing the same web page may differ wildly depending on the
`
`client device.
`
`(Himmel, Ex. 1010, 1:56-64.) Himmel attempts to address this problem by
`
`providing a system for delivering customized web pages based on the capabilities
`
`of the requesting client device. (Id., 1:5-9, 2:25-27.)
`
`22. The problem described by Himmel in 1997 was certainly not limited
`
`to the web browsing context. The diversity of client devices also created
`
`challenges for messaging systems as well. For example, in 2000, John F. Meech
`
`et. al attempted to address this issue in the messaging context through “a
`
`seamless messaging system” having “the ability to accept a message in one
`
`format and deliver it in another,” “depend[ing] upon the capabilities of the
`
`sending or receiving device, the bandwidth available to transmit the message and
`
`the preferences of the receiver and sender.” (John F. Meech et al., A Multi-Agent
`
`System for Personal Messaging (“Meech”), Ex. 1009, p. 1 col. 1.)
`
`23. In particular, email messages written in the HyperText Markup
`
`Language (“HTML”) were well-known in the art before the alleged invention in
`
`the ’677 patent. (See, e.g., U.S. Patent Pub. App. No. 2003/0208547 to Branimir
`
`(“Branimir”), Ex. 1013, entitled “Direct Interent Mail Access Through Links in
`
`Wireless Instant Messaging Systems” and published in 2003; id., Fig. 1 (showing
`
`the overall messaging system) (reproduced below).)
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`
`24. As another example, U.S. Patent App. Pub. No. 2003/0236892 to
`
`Stephane Coulombe (“Coulombe”) [Ex. 1003], which I discuss in detail later in
`
`this Declaration, explains that:
`
`
`
`Users expect that messages will reach their destination and will be
`
`handled properly by the recipient’s terminal. But emerging mobile
`
`terminals have made this requirement more challenging, due to the
`
`wide diversity of terminal characteristics: display size and resolution,
`
`available memory, formats supported, etc.
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
`U.S. Patent No. 8,874,677
`
`(Coulombe, ¶ 0002.) As I explain below, Coulombe discloses a system for
`
`adapting the format and layout of an incoming message to suit the capabilities of
`
`the destination device. (Id., ¶¶ 0085-0091.)
`
`25. The “Background of the Invention” section of the ’677 patent
`
`acknowledges that these issues were well-known in the prior art. The ’677 patent
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`acknowledges that “[t]he versatility of contemporary electronic messaging
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`services [has been] growing and giving rise to new message formats and new
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`devices with messaging capabilities.” (’677, Ex. 1001, 1:10-12.) Existing
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`message formats, for example, are not always compatible with newer devices.
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`(See id., 1:16-22.) The ’677 patent also acknowledges that prior art is replete
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`with messaging systems that address these issues – in fact, it spends more than
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`four columns describing various prior art approaches. (See id., 1:20-5:17.)
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`IV. THE ’677 PATENT’S MESSAGING SYSTEM AND METHOD
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`A. The Specification and File History of the ’677 Patent
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`26. The ’677 patent, entitled “Messaging System and Method,” generally
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`describes a messaging system and method that receives a message from an
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`originating communication device and adapts the received message for delivery
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`to a destination communication device that may not have the same capabilities as
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`the originating communication device. (See ’677, Ex. 1001, 8:52-60.) For
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`Declaration of David Klausner in Support of
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`U.S. Patent No. 8,874,677
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`example, the destination device “may have different communication and
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`displaying capabilities.” (Id., 11:53-55.) A “generalized diagram” of the
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`messaging system is shown in Figure 1 below. (Id., 9:1-4, FIG. 1.)
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`27. In one embodiment, an originating communication device sends a
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`message with an initial format and layout to the messaging system, and the
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`messaging system, before transmitting to the destination device, adapts the
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`format and/or layout of the message based on at least one criterion selected from
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`a group comprising: (i) the communication capabilities of the destination device;
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`(ii) the display capabilities of the destination device; and (iii) the communication
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`media. (’677, Ex. 1001, 5:22-45.)
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`28. The Applicants stated during prosecution of the ’677 patent’s parent,
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`the ’475 patent, that “layout” includes “visual components,” “such as basic
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`frame graphics, sender’s avatar vs. name, text, full vs. reduced images, [and]
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`appropriate control buttons.” (5/18/12 Reply to Office Action, Ex. 1011, at 24).
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`The ’677 patent provides an
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`“exemplary layout” in Figure 11,
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`reproduced at right. (’677, Ex.
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`1001, 9:32-34, FIG. 11.)
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`29. The Applicants also
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`stated during prosecution of the
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`’677 patent’s parent, the ’475
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`patent, that the term “adaptation”
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`means “selecting another layout of the same template, which is in practice
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`changing some of the visual components to fit the various criteria.” (5/18/12
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`Reply to Office Action, Ex. 1011, at 24.)
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`30. In another embodiment of the purported invention, the messaging
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`system “receive[s] a
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`template based message,” where
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`the
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`template
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`is
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`“characterized by at least [a] unique identifier and an initial layout,” and where
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`the messaging system is “configured to recognize the unique identifier of the
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`template,” and “to adapt, before transmitting, the initial layout of the message in
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`accordance with the recognized unique identifier and displaying capabilities of
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`the destination communication device.” (’677, Ex. 1001, 6:4-12.) According to
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`the specification, “[t]he layout of [a] certain template depends on [the]
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`capabilities of destination device as, by way of non-limiting example, is
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`illustrated in Table 2,” reproduced below. (Id., 20:50-52, TABLE 2.)
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`Declaration of David Klausner in Support of
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`B.
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`The Claims of the ’677 Patent
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`31. This Declaration addresses claims 1, 2, 3, 4, 5, 11, 12, 13, 14, 16, 17,
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`18, 19, 20, and 21. In my opinion, these claims can be categorized into six groups.
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`Claims 1, 11 and 13 fall into Group 1, of which claim 1 is representative. Claims
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`14, 16, and 20 fall into the Group 2, of which claim 14 is representative. Claims
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`2, 17, and 21 fall into the Group 3, of which claim 2 is representative. Claims 3
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`and 12 fall into the Group 4, of which claim 3 is representative. Claims 5 and 19
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`fall into the Group 5, of which claim 5 is representative. Claims 4 and 18 fall into
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`the Group 6, of which claim 4 is representative. The independent claims are in
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`Group 1, while the dependent claims are in Groups 2-6. These groupings are
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`summarized below:
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`
`Representative
`Claims
`Corresponding
`Similar Claims
`
`Group 1 Group 2 Group 3 Group 4 Group 5 Group 6
`
`1
`
`11
`13
`
`14
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`16
`20
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`2
`
`17
`21
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`3
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`12
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`
`5
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`19
`
`
`4
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`18
`
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`18
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`Declaration of David Klausner in Support of
`Petition for Inter Partes Review of
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`32. For Group 1 (independent claims), claim 1 is representative and
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`recites:
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`“1. A method comprising:
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`receiving, by a messaging system, an initial message sent by an
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`originating communication device
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`to a destination
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`communication device,
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`the
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`initial message being
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`characterized, at least, by message format, an initial
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`message layout and data indicative of at least one
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`receiver associated with the initial message, wherein the
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`initial message includes a video;
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`obtaining, by
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`the messaging system, data
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`indicative of
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`displaying capabilities of the destination communication
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`device;
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`before delivery to the destination communication device
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`associated with the at least one receiver, enabling, by the
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`messaging system, conversion, in accordance with a
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`criterion related to the displaying capabilities of the
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`destination communication device, of the initial message
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`into an adapted message, wherein
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`the conversion
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`comprises:
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`a) providing, by the messaging system, a clickable icon:
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`i) based on the video from the initial message and
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`ii) clickable into an adapted version of the video,
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`wherein the adapted version of the video is
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`adapted to the displaying capabilities of the
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`destination communication device, and
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`b) determining, by the messaging system, an adapted
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`message layout, comprising the clickable icon; and
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`facilitating, by the messaging system, delivery of the adapted
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`message to the destination communication device.”
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`(’677, Ex. 1001, 23:23-51 (Claim 1).)
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`
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`33. For Group 2, claim 14 is representative and recites:
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`“14. The method of claim 1,
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`wherein the enabling, by the messaging system, conversion of
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`the initial message into the adapted message comprises
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`converting, by the messaging system, the initial message
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`into the adapted message, and
`
`wherein the clickable icon is adapted to the di