UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner,
`
`V.
`
`VOIP-PAL.COM, INC.,
`
`Patent Owner
`
`Case No. IPR2016-01201
`
`U.S. Patent 8,542,815
`
`DECLARATION IN SUPPORT PATENT OWNER
`
`RESPONSE TO INTER PARTES PETITION
`
`Voip-Pal Ex. 2012
`IPR2016—01201
`
`Voip-Pal Ex. 2012
`IPR2016-01201
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.
`
`Petitioner,
`
`V.
`
`VOIP-PAL.COM, INC.,
`
`Patent Owner
`
`Case No. IPR2016-01201
`
`U.S. Patent 8,542,815
`
`DECLARATION IN SUPPORT PATENT OWNER
`
`RESPONSE TO INTER PARTES PETITION
`
`Voip-Pal Ex. 2012
`IPR2016—01201
`
`Voip-Pal Ex. 2012
`IPR2016-01201
`
`
`
`IPR20 1 6-01201
`
`Apple Inc. v. Voip-Pal
`
`I, Johan Emil Viktor Bj orsell, declare as follows:
`
`1.
`
`I was an early employee of Digifonica Canada Ltd. (“Digifonjca”),
`
`which was founded around July 2004 and I worked there until October 2008.
`
`I
`
`started as an IP Centrex Developer, became a Systems Architect in November
`
`2005 and became the Director of Operations in August 2006. My responsibilities
`
`at Digifonica included software development, systems engineering, testing and
`
`deployment.
`
`2.
`
`I am a named inventor on U.S. Patent No. 8,542,815 and U.S. Patent
`
`No. 9,179,005.
`
`I have reviewed the claims and figures of ‘815 Patent and the ‘005
`
`Patent, and I understand the information described in the figures and the subject
`
`matter recited in the claims.
`
`3.
`
`Digifonjca developed a voice over IP (“VOIP”) system that allowed
`
`voice calls to be placed between two IP phones and between an IP phone and the
`
`public switched telephone network (“PSTN”). The Digifonica system utilized
`
`multiple geographically distributed “supemodes” which each handled routing
`
`functions for a set of IP phones. By mid—2005 Digifonjca had deployed two
`
`supernodes, one in London, UK and one in Vancouver, Canada.
`
`4.
`
`One of the components of the Digifonica system was referred to as
`
`“RBR”. RBR was a software and hardware platform that received information
`
`related to the initiation of a call and responded with call routing messages. The
`
`-2-
`
`
`
`IPR2016-01201
`
`Apple Inc. v. Voip-Pal
`
`Digifonica source code,
`
`including the RBR source code, was maintained in a
`
`source code control system known as “Subversion”, which maintains the complete
`
`history of all changes to the RBR source code.
`
`5.
`
`The RBR software ran on the FreeBSD operating system running on
`
`commodity server hardware.
`
`The RBR software communicated using an
`
`“XMLRPC” interface, which operates via TCP over port 80 and passes
`
`information back and forth in an XML format. XMLRPC is a standard remote
`
`procedure protocol. The RBR software also communicated using a MySQL
`
`interface with a MySQL database that typically ran on a separate server. The RBR
`
`software acted as a server to a client machine that was configured as a BZBUA
`
`(back to back user agent), which is software that implements multiple SIP clients
`
`coupled together. The BZBUA system was coupled to the RBR server through a
`
`Radius interface.
`
`6.
`
`I received an email from Konstantin Kropivny dated: “Tue, Jun 14,
`
`2005 at 7:33 PM” (Ex. 2017) with an attached document entitled: “Production
`
`VoIP Architectl1re.doc” which includes diagrams illustrating how the Digifonica
`
`system handled private, or “On-Net” calls and public, or “Off-Net” calls. The
`
`diagram accurately depicts how Digifonica handled private and public calls in the
`
`system that was operating in June 2005.
`
`
`
`IPR2016-01201
`
`Apple Inc. v. Voip-Pal
`
`7.
`
`I recall Digifonica was visited by two employees of Smart 421, a
`
`British company, in mid to late June 2005 and I recall reviewing a report they sent
`
`shortly after their visit.
`
`I received an email from Clay Perreault dated: “Tue, Jul 5,
`
`2005 at 4:45 PM” (Ex. 2007) which forwards an email from John Rutter with an
`
`attached document entitled “Digifonica Technical Review v0.7.pdf”.
`
`I have
`
`reviewed a copy of a 3S—page report entitled “Technical Review of Digifonica
`
`VOIP System” dated July 5, 2005 (Ex. 2003) and it appears to be the Smart 421
`
`report attached to the email that I received and reviewed in July 2005.
`
`8.
`
`I was responsible for operation and deployment of RBR software to
`
`the production systems.
`
`I sent and received numerous emails related to the release
`
`or ‘roll-out’ of this software. Deployment typically consisted of first installing
`
`RBR software on a machine known as a “package server”. The software would
`
`then be installed on a “staging” system, followed by installation of the software on
`
`a “production” system. The staging system was fillly fimctional and operated the
`
`same as the production system, including the ability to place and receive phone
`
`calls in the same manner.
`
`9.
`
`I received an email from Arafa Fuad dated: “Tue, May 31, 2005 at
`
`1:13 PM” (Ex. 2021) indicating that Version 341 of the RBR software was being
`
`deployed.
`
`I sent an email dated: “Tue, May 31, 2005 at 2:38 PM” (Ex. 2022)
`
`
`
`IPR2016-01201
`
`Apple Inc. v. Voip-Pal
`
`announcing that Version 341 of the RBR software had been deployed to both the
`
`Vancouver and the London supemodes.
`
`10.
`
`I received an email from Faud Arafa dated: “Thu, Jun 2, 2005 at 1:12
`
`PM” (Ex 2023) indicating that Version 353 of the RBR software was being
`
`deployed.
`
`I received an email from Faud Arafa dated: “Sun, Jun 5, 2005 at 1:18
`
`PM” (Ex 2024) indicating that Version 358 of the RBR software was being
`
`deployed.
`
`11.
`
`I received an email from Faud Arafa dated: “Mon, Jun 6, 2005 at 9:26
`
`AM” (Ex 2025) indicating that Version 361 of the RBR software was being
`
`deployed.
`
`I received an email from David Terry dated: “Mon, Jun 6, 2005 at 9:33
`
`AM” (Ex. 2026) indicating that Version 361 of the RBR software had been
`
`installed on the package server.
`
`I sent an email dated: “Mon, Jun 6, 2005 at 11:33
`
`AM” (Ex. 2027) indicating that Version 361 of the RBR software had been
`
`deployed to both the Vancouver and London supemodes. Based on these emails
`
`and my recollection of deployment procedures, I’m certain that Version 361 of the
`
`RBR software was running on the production system on June 6, 2005.
`
`It’s also the
`
`case that since the visit from Smart 42] occurred after June 6, 2005,
`
`the
`
`demonstration we gave them would have had all of the features that are present in
`
`Version 361 of the RBR software.
`
`
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`IPR20l6-01201
`
`Apple Inc. V. Voip-Pal
`
`12.
`
`I received an email from Faud Arafa dated: “Thu, Aug 4, 2005 at
`
`11:57 AM” (Ex. 2030) indicating that Version 541 of the RBR software was being
`
`deployed.
`
`I received an email from David Terry dated: “Thu, Aug 4, 2005 at 1:58
`
`PM” (Ex. 2031) indicating that Version 541 of the RBR software had been
`
`installed on the package server.
`
`I sent an email dated: “Thu, Aug 4, 2005 at 3:59
`
`PM” (Ex 2032) indicating that Version 541 of the RBR software had been
`
`deployed to the staging system.
`
`13.
`
`I received an email from Faud Arafa dated: “Mon, Aug 8, 2005 at
`
`10:55 AM” (Ex. 2033) indicating that Version 554 of the RBR software was being
`
`deployed.
`
`I received an email from David Terry dated: “Mon, Aug 8, 2005 at
`
`11:48 AM” and another dated: “Mon, Aug 8, 2005 at 12:00 PM” (Ex 2034)
`indicating that Version 554 of the RBR soflware had been installed on the package
`
`server.
`
`I sent an email dated: “Mon, Aug 8, 2005 at 12:09 PM” (Ex. 2035)
`
`indicating that Version 554 of the RBR software had been deployed to the staging
`
`system.
`
`I received an email from Samantha Edwards dated: “Mon, Aug 8, 2005 at
`
`4:12 PM” (Ex. 2036) indicating that Version 554 of the RBR software would be
`
`released on August 9, 2005.
`
`14.
`
`I received an email from Chris Huff dated: “Tue, Aug 23, 2005 at
`
`1:33 PM” (Ex. 2042) indicating that a package had been created for Version 694 of
`
`the RBR software.
`
`I received an email from Samantha Edwards dated: “Wed, Aug
`
`-6-
`
`
`
`1PR2016-01201
`Apple Inc. v. Voip-Pal
`
`24, 2005 at 4:02 PM” (Ex. 2019) indicating that Version 694 of the RBR software
`
`would be released on August 25, 2005.
`
`15.
`
`I am very familiar with how the Digifonica system operated in mid-
`
`2005, including the operation of the RBR server and its associated software.
`
`I
`
`have reviewed a printout of Version 361 of the RBR software (Ex. 2014) and I
`
`understand the operation of this software within the Digifonica system.
`
`16. Digifonica’s Version 361 of the RBR software was placed into
`
`operation on June 6, 2005 and performed the overall ftmctions described in the
`
`‘S15 Patent and the ‘005 Patent as the Routing Controller (16) and illustrated in
`
`Fig. 1. Version 361 of the RBR software performed the fimctions laid out in the
`
`claims of the ‘8 1 5 Patent and the ‘005 Patent.
`
`17.
`
`The flow chart illustrated in Fig. 8A — SD closely corresponds to
`
`functions performed by Digifonica’s RBR server running Version 361 of the RBR
`
`software. Specifically, Version 361 of the RBR software would, in response to a
`
`SIP INVITE message from an IP phone, have the server BZBUA send a
`
`USER_INVITE message to the RBR server, which corresponds to the entry point
`
`of Fig. 8A entitled “RC Request Message Handler.” This message contains both
`
`caller and callee identification information. The RBR server locates a calling
`
`profile using the caller information, corresponding to Step 254 in Fig. 8A. This
`
`occurs by the RBR server querying a MySQL database to load a caller profile
`
`-7-
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`
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`IPR2016-01201
`
`Apple Inc. V. Voip-Pal
`
`containing caller specific attributes such as the caller’s idd (international direct dial
`
`digits), ndd (national direct dial digits) and area code.
`
`18.
`
`In Version 361 of the RBR software, the RBR server then matches the
`
`caller profile values against the callee identifier, corresponding to Steps 257, 380,
`
`390 and 396 of Fig. 8B. For example, the RBR server running Version 361 of the
`
`RBR software checks to see if the callee identifier begins with the international
`
`dialing digits (idd), checks for matching national dialing digits, checks for
`
`matching area codes, checks for a matching local number, and checks for a
`
`network number.
`
`19.
`
`In Version 361 of the RBR software, the RBR server classifies the call
`
`as a public network call or a private network call based on the matching steps and
`
`based on a query of a MySQL database to see if a PSTN number is mapped to an
`
`internal IP phone. This corresponds to Step 269 in Fig. 8B.
`
`20.
`
`In Version 361 of the RBR software, the RBR server produces a
`
`private network routing message in the case of a private network call classification
`
`and produces such a public network routing message in the case of a public
`
`network call classification. This corresponds to steps 381, 646 and 568 in Fig. 8A
`
`— 8D.
`
`21.
`
`I have reviewed the claim chart laid out in Ex. 2016 (Mangione-Smith
`
`Declaration) and I confirm that the description of the function of Version 361 of
`
`-3-
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`
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`IPR2016-01201
`
`Apple Inc. V. Voip—Pal
`
`the RBR software according to the claims of the ‘005 Patent are accurately
`
`characterized in the claim chart. All of these features of Version 361 were
`
`incorporated into the Digifonica system that was deployed and fully operational by
`
`June 2005, which confirmed that Version 361 was functioning as intended and
`
`successfully performed call routing to both on-net destinations and to the PSTN.
`
`22.
`
`Throughout 2005 and 2006, I and my co-inventors continued working
`
`on this RBR system, including creating further software updates and deploying
`
`these updates.
`
`I have reviewed a printout of the SVN log for the RBR “trunk”
`
`directory (Ex. 2015), which shows the dates and files for the RBR source code and
`
`illustrates the continued development of RBR source code through November,
`
`2006.
`
`23.
`
`Further, in 2006, I and my co-inventors worked with attorneys in the
`
`preparation of a patent application directed to the call routing of the RBR system.
`
`This patent application served as the priority application for the ‘8 15 Patent and the
`
`‘005 Patent.
`
`24.
`
`I declare under penalty of perjury under the laws of the United States
`
`of America that the foregoing is true and correct.
`
`Dated: qll‘ l:{9l7
`
`BY:
`
`
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