`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.
`
`Petitioner,
`
`V.
`
`VOIP-PALCOM, INC.,
`
`Patent Owner
`
`
`Case No. IPR2016-01 198
`
`U.S. Patent 9,179,005
`
`
`DECLARATION IN SUPPORT PATENT OWNER
`RESPONSE TO INTER PARTES PETITION
`
`
`
`Voip-Pal EX. 2008
`IPR2016—01198
`
`
`
`Voip-Pal Ex. 2008
`IPR2016-01198
`
`
`
`IPR2016-01 198
`
`Apple Inc. v. Voip-Pal
`
`I, John Rutter, declare as follows:
`
`1.
`
`In 2005 I was employed by Smart 421, a company headquartered in
`
`Ipswich, England as a Lead Technical Architect. My role at Smart421 involved
`
`consultancy, design and development work. These engagements used skills based
`
`on my extensive experience in I.T. and computer software since 1979, during
`
`which time I have worked on military, financial and telecommunications systems.
`
`2.
`
`In June 2005 Smart 421 was retained by Digifoniea to perform a high
`
`level technical review and appraisal of the Digifonica Vol? application software
`
`and development processes. My understanding of the terms of the engagement
`
`were that all information received by Smart 421 regarding Digifonica’s system was
`
`to remain confidential.
`
`3.
`
`In June 2005 Smart 421 received numerous documents
`
`from
`
`Digifonica electronically on the Smart 421 FTP site.
`
`I have reviewed an email
`
`from Clay Perreault at Digifonica to me dated: “6/6/05, 5:37 PM” (Ex. 2005)
`
`which includes an email chain including an earlier email written by me to Clay
`
`Perreault.
`
`I have also reviewed an email from Clay Perreault to me dated:
`
`“6ll 5/05, 3:28 PM" (Ex. 2006) which includes an email chain including an earlier
`
`email written by me to Clay Perreault. These email chains are consistent with my
`
`memory of receiving electronic documents fi'om Digifonica in June 2005. I do
`
`recall receiving this range of documents provided for this assessment.
`
`-1-
`
`
`
`
`
`IPR20 16-01 1 98
`
`Apple Inc. v. Voip-Pal
`
`4.
`
`Along with my colleague Stuart Gare, also of Smart421, I visited the
`
`ofiices of Digifonica in Vancouver, Canada in June 2005 and met with several
`
`people including Emil Bjorseli and Clay Perreault. During that visit the Digifonica
`
`team demonstrated the operation of their system. Digifonica demonstrated the
`
`ability of their system to place phone calls between two SIP phone devices, on the
`
`same or different nodes, and between a SIP phone device and the PSTN network.
`
`5.
`
`Stuart Gare and I prepared a 35-page report entitled “Technical
`
`Review of Digifonica VOIP System” dated July 5, 2005 (Ex. 2003).
`
`I have
`
`reviewed a copy of this report and it appears to be the report that Stuart Gare and I
`
`prepared in July 2005.
`
`6.
`
`I emailed the report to Digifonica on July 5, 2005.
`
`I have reviewed a
`
`copy of an email from me to Clay Perreault dated: “Tue, 5 Jul 2005 17:41 :31
`
`+0100” (Ex. 2007) and it appears to be the email that I sent to Digifonica with the
`
`attached report on July 5, 2005.
`
`7.
`
`The following are quotes fiom the Smart 421 report which accurately
`
`reflected our review of the Digifonica system at that time:
`
`“The core code appears to be very well written and has been tested in
`
`live operation and destructive testing by developers over a period of
`
`time.” [p. 5]
`
`“Version 1 is the historical development path leading to the current
`
`live system, and Version 2 is a newer development path that has been
`
`-2-
`
`
`
`
`
`IPR2016-01198
`
`Apple Inc. v. Voip-Pal
`
`implemented in recent months to include more formal measures
`
`against software deliveries.” [p. 9]
`
`“This also provides the opportunity for filrther documentation and
`
`other quality control measures to be applied, without the overhead of
`
`enforcing this additional work on the phase 1 system that is currently
`
`in operation.” [p. 15]
`
`“This approach was partly down to issues of resources and costs,
`
`getting a very functional system operational with a strong
`
`understanding of the underlying technology and network integration
`
`issues of a VoIP solution.” [p. 20]
`
`“With a live system in operation, the need for strict release controls
`
`and quality assurance is increased to avoid potential service
`
`disruption. In recent weeks, Digifonica have filled further positions in
`
`delivery management and these issues are under control for the
`
`Version 2 development, as Well as for any maintenance releases
`
`required against the live Version 1 software.” [p. 21]
`
`8.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct.
`
`Dated:
`
`"-3-’:7i/NF /7
`
`By:
`
`§ C Q! bi’,-
`
`
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