IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`M2M SOLUTIONS LLC,
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`Plaintiff,
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`V.
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`SIERRA WIRELESS AMERICA, INC.,
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`and SIERRA WIRELESS, INC.,
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`Defendants.
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`M2M SOLUTIONS LLC,
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`Plaintiff,
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`V.
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`ENF ORA, INC., NOVATEL WIRELESS
`SOLUTIONS, INC., and NOVATEL
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`WIRELESS, INC.,
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`Defendants.
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`L/%%\./%%/g/%%%%%\/Q/OQ/§/%\./%%/%\/%
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`Civil Action No. 12-30-RGA
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`Civil Action No. 12-32-RGA
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`EXPERT REPORT OF KEVIN _.I._1‘I_EGUS, PH.D. REGARDING INVALIDITY OF
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`U_S PATENT 8 094 010
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`CONFIDENTIAL PURSUANT TO PROTECTIVE ORDER
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`VI.
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`GENERAL TECHNOLOGY BACKGROUND
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`A.
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`Communications Networks
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`57.
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`Engineers
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`commonly
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`describe
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`communications
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`between
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`communications
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`networking entities by the Open Systems Interconnection (OSI) 7—1ayer model (see, for example,
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`ISO 7498 Standard at p. 28, or also Graves Reference at pp. 99-120). The “highest” or “top”
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`layer is called the “Application Layer” (layer 7), which is the point at which the communicating
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`entity (such as a person) interfaces with the communications channel in a manner specific to a
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`given application (see, for example, IEEE Dictionary at p. 46). An example protocol at the
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`Application Layer is the “HyperText Transfer Protocol” (or “HTTP” or “http”), which is used to
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`access websites over the Internet. Applications are intended to be independent of the details of
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`the actual communications channel involved. In contrast, the two lowest layers of the OSI model
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`are the “Physical Layer” (or “PHY”, layer 1) and the “Data Link Control Layer” (or “DLC”,
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`layer 2) which are very specific to the physical media over which communications occurs (see,
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`for example, IEEE Dictionary at pp. 271, 824).
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`58.
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`In all communications networks, the PHY layer defines many critical attributes of
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`the media transfer path including at least the channel encoding, modulation format, channel
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`access multiplexing, carrier frequency, and transmitted signal
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`level as well as explicitly or
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`implicitly defining the reverse procedures necessary for the receive path. The PHY layer
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`transmits and receives “bits” converted into “signals” (see, for example, Graves Reference at Fig.
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`4.7, p. 115). Examples of different physical media include acoustic vibrations, electric fields,
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`magnetic fields, radio transmissions, infrared emissions, electrical conductions, and optical fiber
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`propagations.
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`59.
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`The “middle” layers of the communications stack are, in theory, both application
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`and media independent and include layer 3, the “network layer”, layer 4, the “transport layer”,
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`layer 5, the “session layer” and layer 6, the “presentation layer” (see, for example, ISO 7498
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`Standard at p. 28). The term “network” is understandable to a layperson and is often used even
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`by engineers in the context of “a series of points interconnected by communications channels”
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`(see, for example, IEEE Dictionary at p. 725). However, for purposes of analyzing the details of
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`communications systems involving a “network layer” it is important to understand that the
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`purpose of the “network layer”, which is a defining characteristic of any communications
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`“network”, is to “perform routing and relaying services necessary to support data transmission
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`over interconnected networks” (see, for example, IEEE Dictionary at p. 726, or also ISO 7498
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`Standard at p. 41, Graves Reference at pp. 99-120). Examples of the network layer 3 include the
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`Internet Protocol (or “IP”), which is used to exchange data within the Internet and many private
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`packet data networks (or “PDNs”). Note also that the network layer is the only layer in which it
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`is technically correct to describe discrete groups of data bits being exchanged as “packets” (or
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`“datagrams”) versus “frames” at
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`the DLC layer or “segments” at
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`the transport
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`layer or
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`“messages” at the session layer and above (see, for example, Graves Reference at pp. 99-120).
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`60.
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`The Internet was a very well known communications system at the time of filing
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`of parent application to the ‘010 Patent. The Internet is a global “network of networks” that
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`interconnects “hosts” across all such networks.
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`The Internet
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`is effectively defined by a
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`collection of protocols known as the “Intemet Protocol Suite” that operate across multiple layers
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`of the OSI model but the core protocols of most general interest to all Internet-based applications
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`are expressed in terms of a “Transport Layer”, an “Internet Layer” and a “Link Layer”. The
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`Internet is a transport mechanism for messages that are exchanged between peer entities that
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`operate at layer 5 and above (see, for example, Graves Reference at pp. 99-120).
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`XII. CONCLUSION
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`735.
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`In addition to the materials identified in Exhibit A, I may also review other
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`documents in this matter.
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`I may also review and comment upon the testimony of others that has
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`been or will be given in this matter.
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`736.
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`I reserve the right
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`to add to or modify this expert report
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`in the event that
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`inaccuracies or omissions are discovered or if new or additional information is provided to me.
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`I
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`also reserve the right
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`to make any such other changes as may be deemed necessary or
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`appropriate.
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`737.
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`I have not yet developed any demonstratives or illustrations to illustrate my
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`opinions and the bases for those Opinions; however,
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`I reserve the right
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`to present such
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`demonstratives or illustrations at trial.
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`738.
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`I reserve the right
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`to supplement and/or amend my analyses and opinions
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`expressed herein in response to any new, additional or modified positions taken by M2M, its
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`experts or witnesses in reports, declarations, affidavits, or testimonies, whether in response to my
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`report herein or in their coincident reports (or amendments thereto), to the extent such positions
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`are relevant to the subject matter I have addressed in my report herein, or to the extent such
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`positions cover topics relevant to this report for which M2M has the burden of proof.
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`Kevin J. Negus, Ph.D.
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`Date:
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`May 5, 2014
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