UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`PANASONIC CORPORATION et al.
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`Petitioners
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`v.
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`Papst Licensing GmbH & Co., KG,
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`Patent Owner
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`CASE: Unassigned
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`Patent No. 8,504,746
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`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
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`OHSUSA:765360228.1
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`PANASONIC CORP., et al.
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`Ex 1306, p. 1 of 105
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`PANASONIC CORPORATION et al.
`
`Petitioners
`
`v.
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`Papst Licensing GmbH & Co., KG,
`
`Patent Owner
`
`
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`
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`CASE: Unassigned
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`Patent No. 8,504,746
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`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
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`OHSUSA:765360228.1
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`PANASONIC CORP., et al.
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`Ex 1306, p. 1 of 105
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`I, Dr. Paul F. Reynolds, Ph.D., declare as follows:
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`I.
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`BACKGROUND AND QUALIFICATIONS
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`1. From 1980 until August 2012, I was a Professor of Computer Science at the
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`University of Virginia’s School of Engineering and Applied Science.
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`2. I have also served, and in some cases continue to serve, as an expert
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`consultant on distributed system matters for MITRE, Aerospace Corporation, the
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`Institute for Defense Analyses, Vanguard Research and currently for the U.S.
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`Army National Ground Intelligence Center.
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`3. I have a Bachelor of Arts degree in Psychology from Ohio Northern
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`University that I obtained in 1970, a Master’s of Science in Computer Science
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`from the University of Texas at Austin, obtained in 1975, and a Doctor of
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`Philosophy in Computer Science from the University of Texas at Austin, obtained
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`in 1979. Both my Masters and Ph.D. focused on parallel and distributed systems
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`and networking topics.
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`4. During my time as a Professor, I was awarded over 60 grants, and conducted
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`research sponsored by DARPA, the National Science Foundation, DUSA (OR), the
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`National Institute for Science and Technology, the Defense Modeling and
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`Simulation Office, Virginia Center for Innovative Technology and numerous
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`industries.
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`5. I taught many Ph.D. level classes on topics relating to distributed computing
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`and high performance networking. I have advised, to completion, 65 graduate
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`degrees. The majority of my students, including my 16 Ph.D. students, conducted
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`research in distributed computing and networking. I published on many of these
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`topics.
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`6. Since the mid-1970s, almost half of my research has been in the field of
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`parallel and distributed systems and networking.
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`7. In particular, much of my research in the 1980’s and 1990’s was focused on
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`efficient time management of distributed simulations. I published widely on the
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`topic, and was actively involved in the deployment of related technologies within
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`the Department of Defense (DoD) modeling and simulation communities.
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`8. Specifically, I was one of the originators of the DoD High Level
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`Architecture for distributed simulations (IEEE standard 1516). I was also an
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`organizer and overseer for the DoD Joint National Test Facility (having a focus on
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`distributed simulation) in Colorado Springs.
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`9. Because of my experience, I was selected to be the program chair for the
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`IEEE Parallel and Distributed Simulation Conference on two different occasions.
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`10.
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`I am also the co-architect of Isotach Networks, a system which
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`guarantees message delivery order in distributed systems without employing real
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`time clocks and supports very efficient management of consistency in concurrent
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`caches. Isotach Networks was supported by both the National Science Foundation
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`and the Defense Advanced Research Projects Agency and became subject material
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`in four of the Ph.D. dissertations I supervised.
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`11.
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`Below is a partial list of my publications:
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` Spiegel, M., Reynolds, P.F., "Lock-Free Multiway Search Trees,"
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`ACM/IEEE International Conference on Parallel Processing, Sept, 2010.
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` Highley, T.J., Reynolds, P.F., and Vellanki, V. “Marginal Cost-Benefit
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`Analysis for Predictive File Prefetching,” ACM Southeast Conference,
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`March, 2003
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` Srinivasa, R., Reynolds, P.F., and Williams, C., “A New Look at Time-
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`Stamp Ordering Concurrency Control,” 12th International Conference on
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`Database and Expert Systems Applications - DEXA 2001, Sept, 2001.
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` Williams, C., Reynolds, P.F., and de Supinski, B.R. “Delta Coherence
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`Protocols,” IEEE Concurrency, Spring, 2000.
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` Srinivasa, R., Reynolds, P.F., and Williams, C. “IsoRule: Parallel Execution
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`of Rule-based Systems,” 1999 Int’l Conference on Parallel Processing, June
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`1999.
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` Srinivasan S., and Reynolds, P.F. “Elastic Time,” ACM Trans on Modeling
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`and Computer Simulation, 1998.
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` Srinivasan, S., Lyell, M., Wehrwein, J., Reynolds, P.F., “Fast Reductions on
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`a Network of Workstations,” 1997 International Conference on High
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`Performance Computing (HiPC97), Bangalore, India, Dec 1997.
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` Williams, C., and Reynolds, P.F. “Isotach Networks,” IEEE Transactions on
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`Parallel and Distributed Systems, 1997.
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` Williams, C., and Reynolds, P.F., "Combining Atomic Actions," Journal of
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`Parallel and Distributed Computing, pp. 152-163, Feb, 1995.
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` Srinivasan, S. and Reynolds, P.F., "Non-Interfering GVT Computation via
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`Asynchronous Global Reductions," Proceedings of ACM Winter Simulation
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`Conference, pp. 740-749, Dec, 1993.
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` Reynolds, P.F., Pancerella, C., and Srinivasan, S., "Design and Performance
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`Analysis of Hardware Support for Parallel Simulation," Journal of Parallel
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`and Distributed Computing, pp. 435-453, Aug, 1993.
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` Pancerella, C. and Reynolds, P.F., "Disseminating Critical Target-Specific
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`Synchronization Information in Parallel Discrete Event Simulations,"
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`Proceedings of the 7th Workshop on Parallel and Distributed Simulation, pp.
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`52-59, May, 1993, San Diego, CA.
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` Williams, C., and Reynolds, P.F., "Network-Based Coordination of
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`Asynchronously Executing Processes with Caches," Workshop on Fine-
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`Grain Massively Parallel Coordination, 4 pages, May, 1993, San Diego, CA.
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` Reynolds, P.F., Pancerella, C. and Srinivasan, S. "Making Parallel
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`Simulations Go Fast," Proceedings of the 1992 ACM Winter Simulation
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`Conference, pp. 646-656, Dec, 1992.]
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` Reynolds, P.F., "An Efficient Framework for Parallel Simulation,"
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`International Journal on Computer Simulation, 2, 4, pp. 427-445 (1992).
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` Nicol, D.M., and Reynolds, P.F., "Optimal Dynamic Remapping of Parallel
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`Computations," IEEE Transactions on Computer Systems, pp. 206-219 (Feb,
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`1990).
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` Reynolds, P.F., "Heterogeneous Distributed Simulation," Proceedings of the
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`1988 ACM Winter Simulation Conference, pp. 206-209, Dec, 1988, San
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`Diego, CA.
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` Reynolds, P.F., "A Spectrum of Options for Parallel Simulation,"
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`Proceedings of the 1988 ACM Winter Simulation Conference, pp. 325-332,
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`Dec, 1988, San Diego, CA.
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` Carson, S.D. and Reynolds, P.F., "The Geometry of Semaphore Programs,"
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`ACM Transactions on Programming Languages and Systems, 9, 1, pp. 25-53
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`(Jan, 1987).
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` O’Hallaron, D.R. and Reynolds, P.F., "A Generalized Deadlock Predicate,"
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`Information Processing Letters, pp. 181-188 (Nov, 1986).
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` Nicol, D.M., and Reynolds, P.F., "An Optimal Repartitioning Decision
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`Policy," Proceedings of The ACM Winter Simulation Conference, pp. 493-
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`497, Nov, 1985, San Francisco, CA.
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` Nicol, D.M. and Reynolds, P.F., "A Statistical Approach to Dynamic
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`Partitioning," Proceedings of the SCS Winter Multi-Conference, pp. 53-56,
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`Jan 24-26, 1985, San Diego, CA.
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` Reynolds, P.F., "A Shared Resource Algorithm for Distributed Simulation,"
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`Proceedings of The 9th International Symposium on Computer Architecture,
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`pp. 259-266, April, 1982, Austin, TX.
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` Chandy, K.M., and Reynolds, P.F., "Scheduling Partially Ordered Tasks
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`with Probabilistic Execution Times," Proceedings of Fifth SIGOPS, pp. 169-
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`177, March, 1975, Austin, TX.
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`12.
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`A copy of my curriculum vitae, which describes in further detail my
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`qualifications, responsibilities, employment history, honors, awards, professional
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`associations, invited presentations, and publications is attached to this declaration
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`as Appendix A-1.
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`13.
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`I have reviewed United States Patent No. 8,504,7461 (“the ’746
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`patent”) to Michael L. Tasler as well as the applications referenced in the section
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`of the ’746 patent entitled “Related U.S. Application Data.” I have also reviewed
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`the publications cited in the footnotes of this declaration and referenced in the inter
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`partes review petition submitted herewith. For convenience, all of the information
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`that I considered in arriving at my opinions is listed in Appendix B-1.
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`For my efforts in connection with the preparation of this declaration I have been
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`compensated at my standard hourly rate of $425/hour. My compensation is in no
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` Michael L. Tasler, “Analog Data Generating and Processing Device Having a
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` 1
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`Multi-Use Automatic Processor” U.S. Patent No. 8,966,144, filed August 24, 2006,
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`claiming priority to a continuation application filed June 14, 1999. (Ex. 1401)
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`way contingent on the results of these or any other proceedings relating to the
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`above-captioned patent.
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`II.
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`INFORMATION PROVIDED TO ME
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`14.
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`In proceedings before the USPTO, I understand that the claims of an
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`unexpired patent are to be given their broadest reasonable interpretation in view of
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`the specification from the perspective of one skilled in the field. I have been
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`informed that the ’746 patent has not expired. In comparing the claims of the ’746
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`patent to the known prior art, I have carefully considered the ’746 patent, and the
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`’746 patent’s file history using my experience and knowledge in the relevant field.
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`15.
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`I am informed that the ’746 patent was filed on August 24, 2006, but
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`that it claims to be related to a chain of applications going back to a German
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`application alleged to have been filed March 4, 1997. I am informed that this
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`German application does not contain all of the disclosure of the ’746 patent.
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`Nevertheless, for purposes of this declaration only, I have assumed a priority date
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`of March 4, 1997 in determining whether a reference constitutes prior art.
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`16.
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`I understand that a claim is invalid if its subject matter is anticipated
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`or obvious. I further understand that anticipation of a claim requires that every
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`element of a claim be disclosed expressly or inherently in a single prior art
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`reference, in combination, as claimed.
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`17.
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`I further understand that obviousness of a claim requires that the claim
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`be obvious from the perspective of a person having ordinary skill in the relevant art
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`at the time the alleged invention was made. I further understand that a patent claim
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`can be found unpatentable as obvious where the differences between the subject
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`matter sought to be patented and the prior art are such that the subject matter as a
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`whole would have been obvious at the time the invention was made to a person
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`having ordinary skill in the relevant field. I understand that an obviousness
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`analysis involves a consideration of (1) the scope and content of the prior art, (2)
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`the differences between the claimed invention and the prior art, and (3) the level of
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`ordinary skill in the pertinent field.
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`18.
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`I further understand that certain factors may support or rebut the
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`obviousness of a claim. I understand that such secondary considerations include,
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`among other things, commercial success of the patented invention, skepticism of
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`those having ordinary skill in the art at the time of invention, unexpected results of
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`the invention, any long-felt but unsolved need in the art that was satisfied by the
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`alleged invention, the failure of others to make the alleged invention, praise of the
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`alleged invention by those having ordinary skill in the art, and copying of the
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`alleged invention by others in the field. I understand that there must be a nexus—a
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`connection—between any such secondary considerations and the alleged invention.
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`I also understand that contemporaneous and independent invention by others is a
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`secondary consideration tending to show obviousness.
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`19.
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`I further understand that a claim is obvious if it unites old elements
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`with no change to their respective functions, or alters prior art by mere substitution
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`of one element for another known in the field and that combination yields
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`predictable results. While it may be helpful to identify a reason for this
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`combination, common sense should guide and no rigid requirement of finding a
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`teaching, suggestion or motivation to combine is required. When a product is
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`available, design incentives and other market forces can prompt variations of it,
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`either in the same field or different one. If a person having ordinary skill in the
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`relevant art can implement a predictable variation, obviousness likely bars its
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`patentability. For the same reason, if a technique has been used to improve one
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`device and a person having ordinary skill in the art would recognize that it would
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`improve similar devices in the same way, using the technique is obvious. I
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`understand that a claim may be obvious if common sense directs one to combine
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`multiple prior art references or add missing features to reproduce the alleged
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`invention recited in the claims.
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`20.
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`I have been asked to consider U.S. Patent 5,499,378 by Andrew B.
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`McNeill, Jr. (“McNeill” or “the ’378 patent”). I have also been asked to consider
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`whether the techniques and procedures discussed in the ’378 patent read on each
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`limitation of independent claims 1, 84 and 86 and certain dependent claims
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`(collectively, the “Challenged Claims”) of the ’746 Patent. My conclusion is that
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`the Challenged Claims of U.S. Patent No. 5,499,378 are invalid as anticipated
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`and/or obvious over McNeill’s ’378 patent.
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`III. THE ’746 PATENT
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`21.
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`The ’746 patent generally relates to interface devices for transfer of
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`data between a data transmitter (a.k.a. “data transmit/receive device”) and a host
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`(a.k.a. “host computer” or “host device”) (Ex. 1401 at 1:18-22).
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`22.
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`Tasler’s ’746 patent presents “randomly chosen” exemplars (Ex. 1401
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`at 1:61) in support of his statement that “Existing data acquisition systems for
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`computers are very limited in their areas of application.” (Ex. 1401 at 1:26-27).
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`His first example describes interface devices that “generally require very
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`sophisticated drivers which are prone to malfunction.” (Ex. 1401 at 1:35-36). No
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`concrete examples are offered in support his statement regarding “prone to
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`malfunction.”
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`23.
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`A second example presents a diagnostic radiology system that is
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`reporting a fault. A responding service technician with a laptop is characterized as
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`needing “fast data transfer and rapid data analysis.” (Ex. 1401 at 1:46-53) A third
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`example involves a multimeter as an input source, and a need “for the interface
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`device to support a high data transfer rate.” (Ex. 1401 at 1:54-60)
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`24.
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`From these examples Tasler concludes that: 1) “an interface may be
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`put to totally different uses”; 2) it should “be sufficiently flexible to permit
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`attachment of very different electrical or electronic systems to a host device by
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`means of the interface”; and 3) “a universal method of operating the interface be
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`provided for a large number of applications.” (Ex. 1401 at 1:61-2:3)
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`25.
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`Tasler finds disadvantage in interface devices that must be installed
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`inside a host computer: “such types of interface have the disadvantage that they
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`must be installed inside the computer casing to achieve maximum data transfer
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`rates.” (Ex. 1401 at 2:13-15)
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`26.
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`Tasler discusses PCMCIA (Personal Computer Memory Card
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`Association) interface technology, which was extant at the priority date of the
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`patent. He states that PCMCIA is “A solution to this problem” regarding the need
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`to install an interface device inside a computer’s casing. The PCMCIA interface
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`allowed “interface devices [to be] connected by means of a plug-in card”. (Ex.
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`1401 at 2:20-27) One type of PCMCIA card provided a special printer interface to
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`a host computer by converting the PCMCIA interface to an established parallel
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`standard interface (IEEE 1284). Tasler goes on to say about the PCMCIA
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`technology:
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`The known interface device generally consists of a driver
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`component, a digital signal processor, a buffer and a hardware
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`module which terminates in a connector to which the device whose
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`data is to be acquired is attached. The driver component is attached
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`directly to the enhanced printer interface thus permitting the known
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`interface device to establish a connection between a computer and
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`the device whose data is to be acquired.
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`(Ex. 1401 at 2:33-41).
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`27.
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`About PCMCIA, Tasler states “an interface-specific driver must be
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`installed on the host device…” (Ex. 1401 at 2:42-45). Tasler goes on to state: “if
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`the driver is a general driver which is as flexible as possible and which can be used
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`on many host devices, compromises must be accepted with regard to the data
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`transfer rate.” (Ex. 1401 at 2:49-52). No substantiation is offered regarding the
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`claimed compromises.
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`28.
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`Tasler addresses the potential conflict for resources that may occur
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`among tasks, including those that support data acquisition. He states that
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`competing tasks may “result in a system crash.” (Ex. 1401 at 2:53-67). Tasler’s
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`discussion of competing tasks is not associated with any particular host, operating
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`system, driver technology or interface device technology.
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`29.
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`Tasler discusses an interface device that connects to a bus. The
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`interface device can communicate with multiple peripheral devices. Control logic
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`in the interface device is implemented using finite states machines, one for each
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`peripheral. Tasler states “This known interface device provides optimal matching
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`between a host device and a specific peripheral device.” (Ex. 1401 at 3:1-9)
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`30.
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`Finally, Tasler discusses an interface device that communicates with
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`its host via its floppy drive interface, and permits attachment of a peripheral
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`device. Tasler notes there is “no information as to how communication should be
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`possible if the interface is connected to a multi-purpose interface instead of to a
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`floppy disk drive controller.” (Ex. 1401 at 3:10-25)
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`31.
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`The purported object of the ’746 patent interface device is to “provide
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`an interface device...whose use is host device-independent and which delivers a
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`high data transfer rate.” (Ex. 1401 at 3:29-32). The interface device is meant to
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`“simulate[s], both in terms of hardware and software, the way in which a
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`conventional input/output device functions, preferably that of a hard disk.” (Ex.
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`1401 at 4:17-20). I have read the following CAFC statement (as stated by the
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`Court of Appeals for the Federal Circuit in a decision relating to the construction
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`of claim terms in two related patents (U.S. Patent Nos. 6,895,449 and 6,470,399))
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`regarding host and device communications. My opinion is consistent with this
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`CAFC statement:
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`The patents describe an interface device intended to overcome those
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`limitations. It is common ground between the parties that, when a
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`host computer detects that a new device has been connected to it, a
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`normal course of action is this: the host asks the new device what
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`type of device it is; the connected device responds; the host
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`determines whether it already possesses drivers for (instructions for
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`communicating with) the identified type of device; and if it does not,
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`the host must obtain device-specific drivers (from somewhere) before
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`it can engage in the full intended communication with the new device.
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`In the patents at issue, when the interface device of the invention is
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`connected to a host, it responds to the host’s request for
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`identification by stating that it is a type of device, such as a hard
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`drive, for which the host system already has a working driver. By
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`answering in that manner, the interface device induces the host to
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`treat it—and, indirectly, data devices on the other side of the
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`interface device, no matter what type of devices they are—like the
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`device that is already familiar to the host. Thereafter, when the host
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`communicates with the interface device to request data from or
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`control the operation of the data device, the host translates the
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`communications into a form understandable by the connected data
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`device.
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`Ex. 1310, CAFC Opinion, 4-5.
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`32.
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`The ’746 patent describes an interface device capable of delivering the
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`output of a data transmit/receive device to a host computer in a customary form on
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`a multi-purpose interface. The interface device can be viewed as a multi-step
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`device that: 1) receives data from an analog data transmit/receive device (Ex. 1401
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`at independent claims 1, 84, 86), 2) buffers digitized analog data in an internal
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`memory (Ex. 1401 at independent claims 1, 84, 86), and then 3) delivers the
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`buffered data to a host, presenting itself as a customary device via a multi-purpose
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`interface, e.g., a hard drive, via a SCSI interface in the preferred embodiment (Ex.
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`1401 at 3:51-56).
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`33.
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`The ’746 Patent describes that the interface device contains a
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`processor, which may be a digital signal processor (DSP), data storage memory,
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`and a program memory. (Ex. 1401 at Claim 1, 84, 86). In the ’746 patent’s
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`preferred embodiment in the form of a SCSI interface device, upon receiving an
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`INQUIRY from the host, the interface device responds to the host, indicating that it
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`is communicating with an i/o device. (Ex. 1401 Abstract, 4:8-16). Also, the
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`interface device represents itself to the host as a customary i/o device. (Ex. 1401
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`4:16-20). In this preferred embodiment the interface device manages “virtual
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`files” (Ex. 1401 5:14-17) in support of simulating a conventional input/output
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`device, “preferably as a virtual hard disk…” (Ex. 1401 10:42-45)
`
`34.
`
`Communication between the interface device and the host computer
`
`takes place using a program in the host present in commercially available computer
`
`systems.. The ’746 Patent admits that “usual BIOS routines . . . issue an
`
`instruction, known by those skilled in the art as an INQUIRY instruction.” (Ex.
`
`1401 5:17-30). In one embodiment of the ’746 patent as a SCSI interface device,
`
`communications between the host device and its multi-purpose interface are
`
`described as follows:
`
`communication between the host device and the multi-purpose
`
`interface can take place not only via drivers for input/output device
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`customary in a host device which reside in the BIOS system of the
`
`host device but also via specific interface drivers which, in the case of
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`OHSUSA:765360228.1
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`PANASONIC CORP., et al.
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`Ex 1306, p. 16 of 105
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`
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`SCSI interfaces, are known as multi-purpose interface ASPI
`
`(advanced SCSI programming interface) drivers.
`
`(Ex. 1401 10:23-29)
`
`
`35.
`
`The ’746 patent states about the ASPI driver: “this multi-purpose
`
`interface driver has the task of moving precisely specified SCSI commands from
`
`the host program to the host system SCSI adapter.” (Ex. 1401 10:33-36).
`
`36.
`
`The ’746 patent uses configuration files in order to provide
`
`instructions concerning operations a user may wish to perform on data from an
`
`analog input. For example, users can provide configuration files to the interface
`
`device that specify how long a measurement from the analog input is to last. (Ex.
`
`1401 6:11-15). “[T]he user can also create a configuration file, whose entries
`
`automatically set and control various functions” on the interface device. (Ex. 1401
`
`6:47-49). “These settings can be, for example, gain, multiplex or sampling rate
`
`setting.” (Ex. 1401 6:51-52). Thus, the interface device requires a user to provide
`
`a configuration file specifying his/her measurements to capture data from the data
`
`device.
`
`A. Automatic Recognition Process (APR) and Identification
`Information
`
`37.
`
`The Tasler ’746 patent introduces the term “automatic recognition
`
`process” in its three independent claims 1, 84 and 86. In each of the ’746 patent’s
`
`three independent claims, sending of “identification information regarding the
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`OHSUSA:765360228.1
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`-17-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 17 of 105
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`
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`
`
`ADGPD” from the interface device to the host is presented as part of an automatic
`
`recognition process. “Identification information regarding the ADGPD” is not
`
`defined in the ’746 patent specification. Acquisition of device identification
`
`information over a SCSI interface is discussed in paragraphs 59-68, infra.
`
`B.
`
`File System Information
`
`38.
`
` The Tasler ’746 patent references the sending of “ADGPD file
`
`system information” from the ADGPD to a host in its independent claim 84 and
`
`dependent claim 42 (dependent from claim 1). Tasler’s use of “file system
`
`information” is independent of the operating system used on the interface device as
`
`explained next. Tasler’s characterization of file system information as including
`
`“the drive type, the starting position and the length of the file allocation table
`
`(FAT), the number of sectors, etc., known to those skilled in the art.” (Ex. 1401
`
`5:41-47) is largely specific to Microsoft FAT-based file systems. One skilled in
`
`the art would understand that file system information returned by a UNIX
`
`operating system for example, would not return FAT information, but would return
`
`sufficient information for a host to determine the same critical file system
`
`information that can be learned from file system information representing a
`
`Microsoft FAT-based file system. The contents of “file system information”
`
`needed to enable determination of critical information such as the type of file
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`OHSUSA:765360228.1
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`-18-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 18 of 105
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`
`
`
`
`system in use, the number of sectors on the disk drive, and the location and extent
`
`of the file directory, among others.
`
`39.
`
` Sector zero is an agreed upon location where most operating systems
`
`keep critical information about the disk (or an executable that can produce it). In
`
`DOS, “the first physical sector on the fixed disk contains the partition table and a
`
`bootstrap program . . . .” MS-DOS Encyclopedia (MS-DOS Reference, Ex. 1309)
`
`at p. 91. Tasler refers to a “boot sequence which, on actual hard disks, normally
`
`resides on the first sectors of the disk … and includes the drive type, the starting
`
`position and the length of the file allocation table (FAT), the number of
`
`sectors, etc., known to those skilled in the art.” (’746 patent (Ex. 1301) at 5:37-47,
`
`emphasis added.) Similarly in UNIX, sector 0, called the “disk label” or “master
`
`boot record” contains information about the disk’s physical characteristics and a
`
`partition table. “A disk label contains detailed geometry information, including
`
`cylinder, track, and sector layout, along with any other driver-specific information.
`
`It also contains information about the partition layout and usage, the latter
`
`describing partition usage: type of filesystem, swap partition, or unused. For the
`
`Fast File System (FFS), the partition usage contains enough additional information
`
`to enable the filesystem check program (fsck) to locate the alternate super blocks
`
`for the filesystem . . . The label is located near the beginning of each drive-usually,
`
`in block zero. It must be located in the first track, because the device driver does
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`OHSUSA:765360228.1
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`-19-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 19 of 105
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`
`
`
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`not know the geometry of the disk until the driver has read the label.” McKusick
`
`UNIX-C Reference, at pp. 199-200 (emphasis added).
`
`IV. THE LEVEL OF ORDINARY SKILL IN THE ART
`
`40.
`
`I have been informed that the level of skill in the art is evidenced by
`
`the prior art references. The prior art discussed herein demonstrates that a person
`
`of ordinary skill in the field, at the relevant time (1996-1998) would have had at
`
`least a four-year degree in electrical engineering, computer science, or related field
`
`of study, or equivalent experience, and at least two years’ experience in studying or
`
`developing computer interfaces or peripherals. In my opinion, a person of ordinary
`
`skill would also be familiar with operating systems (e.g., MS-DOS, Windows,
`
`Unix) and their associated file systems (e.g., a FAT file system), device drivers for
`
`computer components and peripherals (e.g., mass storage device drivers), and
`
`communication interfaces (e.g., SCSI and PCMCIA interfaces).
`
`41.
`
`Based on my experience I have an understanding of the capabilities of
`
`a person of ordinary skill in the relevant field. I have supervised and directed
`
`many such persons over the course of my career. Further, I had those capabilities
`
`myself at the time the patent was filed.
`
`V. THE PRIOR ART
`
`A. McNeill ’378 Patent
`
`42.
`
` McNeill’s ’378 patent describes a method for emulating SCSI
`
`(peripheral) devices on a SCSI bus, so that those peripheral devices appear to be
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`OHSUSA:765360228.1
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`-20-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 20 of 105
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`
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`
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`legitimate SCSI devices to an “initiator” attempting to access them on a “target”,
`
`even if the actual devices represented by the emulated SCSI device are 1) not
`
`directly connected to the computer on the SCSI bus, and 2) not SCSI devices.
`
`(378Patent, 3:17-21). Thus, McNeill’s emulator-based system allows, for
`
`example, initiator use of SCSI commands to access a non-SCSI disk drive in the
`
`target. McNeill refers to the initiator and the target as “computers.” (378Patent,
`
`Abstract)
`
`43.
`
`McNeill notes: “An initiator may address up to eight peripheral
`
`devices (i.e. Logical Units, LUNs) that are connected to a target.” (378Patent,
`
`2:14-15) and he discloses support for multiple emulated devices: “..the second
`
`computer emulating a SCSI remote peripheral device for direct access of the SCSI
`
`remote peripheral device by the computer and emulating a non-SCSI remote
`
`peripheral device for direct access of the non-SCSI remote peripheral device by the
`
`first computer upon command by the first computer…” (emphasis added)
`
`(378Patent, 8:24-29)).
`
`44.
`
`(2) In the following figure (378Patent, Figure 2), the “mag disk” (16)
`
`is an example of a peripheral device. “Device emulation code” on the “target” (14)
`
`is where the SCSI device emulation would take place, on behalf of the actual
`
`peripheral device (16). By emulating the mag disk (16) as a SCSI device, the target
`
`(14) makes the mag disk (16) appear to be a SCSI device to the initiator, even
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`OHSUSA:765360228.1
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`-21-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 21 of 105
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`
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`though the mag disk (16) is not a SCSI disk, and even though the mag disk (16) is
`
`not directly connected to the SCSI bus (12) (378Patent, 4:44-53).
`
`
`
`
`
`45.
`
`The target is communicatively connected to the initiator (10) by a
`
`SCSI bus (12), by way of the target’s SCSI interface (20) being connected to the
`
`initiator’s SCSI interface (18). The emulator on the target is communicatively
`
`connected to the initiator by a SCSI cable (378Patent, 3:42-46). A SCSI cable
`
`would be connected to SCSI I/O ports on the initiator and the target, respectively.
`
`46.
`
`The emulator resident in the target is a memory resident device driver
`
`(378Patent, 5:59-60, 7:31-32). Device drivers, which support operating system
`
`access to devices, are not generally seen or used directly by an end user; they are
`
`OHSUSA:765360228.1
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`-22-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 22 of 105
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`
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`
`
`hidde
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