Petition for Inter Partes Review
`U.S. Patent No. 8,155,298
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`YMAX CORPORATION,
`Petitioner
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner
`_____________
`
`Inter Partes Review No.: Unassigned
`
`U.S. Patent No. 8,155,298
`
`_____________
`
`DECLARATION OF TAL LAVIAN, PH.D.
`IN SUPPORT OF THE PETITION FOR
`INTER PARTIES REVIEW OF PATENT NO. 8,155,298
`
`{38560571;1}
`
`Ex. 1002
`YMax Corporation
`Page 1 of 78
`
`
`U.S. Patent No. 8,155,298
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`YMAX CORPORATION,
`Petitioner
`
`v.
`
`FOCAL IP, LLC,
`Patent Owner
`_____________
`
`Inter Partes Review No.: Unassigned
`
`U.S. Patent No. 8,155,298
`
`_____________
`
`DECLARATION OF TAL LAVIAN, PH.D.
`IN SUPPORT OF THE PETITION FOR
`INTER PARTIES REVIEW OF PATENT NO. 8,155,298
`
`{38560571;1}
`
`Ex. 1002
`YMax Corporation
`Page 1 of 78
`
`
`
`TABLE OF CONTENTS
`
`I. Background and Qualifications...........................................................................5
`
`II. Legal Understanding ...........................................................................................9
`
`A.
`
`B.
`
`Anticipation ...................................................................................................9
`
`Obviousness.................................................................................................10
`
`III. Person Of Ordinary Skill In The Art..............................................................11
`
`IV. Summary Of The ’298 Patent.........................................................................12
`
`A.
`
`B.
`
`Priority Date ................................................................................................12
`
`Overview Of The Challenged Independent Claims ....................................13
`
`V. State of the Art Of Telecommunications By June 1999 ...................................19
`
`A.
`
`B.
`
`C.
`
`THE PSTN / Circuit Switching Networks ..................................................19
`
`Signaling......................................................................................................22
`
`Packet-Switching Networks: the Internet and Voice over IP ....................23
`
`VI. An Embodiment Of The ’298 Patent..............................................................27
`
`A.
`
`Summary of the ’298 Patent........................................................................27
`
`VII. Claim Interpretation........................................................................................28
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`{38560571;1}
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`2
`
`Ex. 1002
`YMax Corporation
`Page 2 of 78
`
`
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`“web enabled” .............................................................................................28
`
`"processing system" ....................................................................................29
`
`“Controller”.................................................................................................30
`
`“switching facility” / “switching facilities” ................................................32
`
`“a network comprising edge switches for routing calls from and to users
`
`within a local geographic area and switching facilities for routing calls to other
`
`edge switches or other switching facilities local or in other geographic areas”
`
`(claim 1) / “the second network is coupled to a switching facility of a network
`
`comprising edge switches for routing calls from and to users within a local
`
`geographic area and switching facilities for routing calls to other edge switches
`
`or other switching facilities local or in other geographic areas” (claim 20)........37
`
`F.
`
`"coupled to" ....................................................................................................39
`
`G.
`
`H.
`
`"validate and acknowledge" ........................................................................40
`
`Summary of Claim Interpretation ...............................................................42
`
`VIII. The Prior Art ...............................................................................................44
`
`A.
`
`B.
`
`Prior Art Considered ...................................................................................44
`
`Ground 1: O'Neal Anticipate Claims 1 and 20 ...........................................44
`
`1.
`
`Summary of O’Neal .................................................................................44
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`{38560571;1}
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`3
`
`Ex. 1002
`YMax Corporation
`Page 3 of 78
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`
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`2.
`
`3.
`
`Claim 1 .....................................................................................................47
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`Claim 20 ...................................................................................................62
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`C.
`
`Ground 2: Claim 1 is Obvious over O'Neal in view of McMullin..............71
`
`1.
`
`Claim 1 .....................................................................................................71
`
`D.
`
`Ground 3: Claim 20 is Obvious over O'Neal in view of Chang .................74
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`1.
`
`Claim 20 ...................................................................................................74
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`{38560571;1}
`
`4
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`Ex. 1002
`YMax Corporation
`Page 4 of 78
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`
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`Declaration of Tal Lavian, Ph.D.
`
`I, Tal Lavian, declare as follows:
`
`1.
`
`I make this declaration based upon my own personal knowledge and,
`
`if called upon to testify, would testify competently to the matters contained herein.
`
`2.
`
`I have been asked to provide technical assistance in connection with
`
`inter partes review of U.S. Patent No. 8,155,298 (“the ’298 Patent”).
`
`3.
`
`This declaration is a statement of my opinions on issues related to the
`
`invalidity of claims 1 and 20 of the ’298 Patent.
`
`I.
`
`Background and Qualifications
`
`4.
`
`My qualifications are stated more fully in my curriculum vitae. Ex.
`
`1016. Here I provide a brief summary of my qualifications.
`
`5.
`
`I have more than 25 years of experience in the networking,
`
`telecommunications, Internet, and software fields. I received a Ph.D. in Computer
`
`Science from the University of California at Berkeley in 2006 and obtained a
`
`Master’s of Science (“M.Sc.”) degree in Electrical Engineering from Tel Aviv
`
`University, Israel, in 1996. In 1987, I obtained a Bachelor of Science (“B.Sc.”) in
`
`Mathematics and Computer Science, also from Tel Aviv University.
`
`6.
`
`I am currently employed by the University of California at Berkeley
`
`and was appointed as a lecturer and Industry Fellow in the Center of
`5
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`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 5 of 78
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`
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`Entrepreneurship and Technology (“CET”) as part of UC Berkeley College of
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`Engineering. I have been with the University of California at Berkeley since 2000
`
`where I served as Berkeley Industry Fellow, Lecturer, Visiting Scientist, Ph.D.
`
`Candidate, and Nortel’s Scientist Liaison, where some positions and projects were
`
`done concurrently, and others, sequentially.
`
`7.
`
`I have more than 25 years of experience as a scientist, educator and
`
`technologist. For eleven years from 1996 to 2007, I worked for Bay Networks and
`
`Nortel Networks. Bay Networks was in the business of making and selling
`
`computer network hardware and software. Nortel Networks acquired Bay
`
`Networks in 1998, and I continued to work at Nortel after the acquisition.
`
`Throughout my tenure at Bay and Nortel, I held positions including Principal
`
`Scientist, Principal Architect, Principal Engineer, Senior Software Engineer, and
`
`led the development and research involving a number of networking technologies.
`
`I led the efforts of Java technologies at Bay Networks and Nortel Networks. In
`
`addition, during 1999-2001, I served as the President of the Silicon Valley Java
`
`User Group with over 800 active members from many companies in the Silicon
`
`Valley. From 2008 to 2008, I worked as a communications consultant at Ixia,
`
`where researched and developed advanced network communications testing
`
`technologies.
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`{38560571;1}
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`6
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`Ex. 1002
`YMax Corporation
`Page 6 of 78
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`
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`8.
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`Prior to that, from 1994 to 1995, I worked as a software engineer and
`
`team leader for Aptel Communications, designing and developing mobile wireless
`
`devices and network software products. These telecommunications cellular devices
`
`provided short messaging service (SMS) between base station sand mobile devices.
`
`In addition, I developed a network protocol for the base stations and the mobile
`
`wireless devices. Furthermore, I developed a GPS-based application to track the
`
`quality of signals in urban areas between the mobile devices and the base stations.
`
`From 1990 to 1993, I worked as a software engineer and team leader at Scitex Ltd.,
`
`where I developed system and network communications tools (mostly in C and
`
`C++). From 1987 to 1990, I worked as a software engineer and team leader at
`
`Shalev, where I developed real-time software and algorithms (mostly in C and
`
`C++). From 1983 to 1987, as a student, I worked as a software engineer on several
`
`part time projects.
`
`9.
`
`I have extensive experience in telecommunications and network
`
`communications technologies, including routing and switching architectures and
`
`protocols including Multi-Protocol Label Switching Networks, Layer 2 and Layer
`
`3 Virtual Private Networks, Voice over IP (VoIP), telephony systems, PSTN
`
`networks, circuit switching, and Pseudowire technologies.
`
`10. Much of my work for Nortel Networks (mentioned above) involved
`
`the research and development of these technologies. For example, I wrote software
`7
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`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 7 of 78
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`for Bay Networks and Nortel Networks switches and routers, developed network
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`technologies for the Accelar 8600 family of switches and routers, the OPTera 3500
`
`SONET switches, the OPTera 5000 DWDM family, and the Alteon L4-7 switching
`
`product family. I wrote software for Java based device management including
`
`software interface to the device management and network management for the
`
`Accelar routing switch family network management system.
`
`11.
`
`I am named as a co-inventor on more than 80 issued patents and I
`
`have co-authored more than 25 scientific publications, journal articles, and peer-
`
`reviewed papers. Furthermore, I am a Senior Member of the Institute of Electrical
`
`and Electronics Engineers (“IEEE”).
`
`12.
`
`I currently serve as a Principal Scientist at my company Telecomm
`
`Net Consulting Inc., where I develop network communication technologies and
`
`provide research and consulting in advanced technologies, mainly in computer
`
`networking and Internet technologies. In addition, I serve as a Co-Founder and
`
`Chief Technology Officer (CTO) of VisuMenu, Inc., where I design and develop
`
`architecture of visual IVR technologies for smartphones and wireless mobile
`
`devices in the area of network communications. The backend architecture
`
`implements a telephone Private Branch Exchange (“PBX”) that makes Session
`
`Initiation Protocol (“SIP”) based Voice over Internet Protocol (“VoIP”) telephone
`
`calls to other SIP trunks and telephone services, such as Public Switch Telephone
`8
`
`{38560571;1}
`
`Ex. 1002
`YMax Corporation
`Page 8 of 78
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`
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`Network (“PSTN”). The system is based on cloud networking and cloud
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`computing utilizing Amazon Web Services. I have extensive experience with PBX,
`
`telecommunications systems, networking equipment, and call centers telephony
`
`systems. Additional details of my background are set forth in my curriculum vitae
`
`(see Ex. 1016), which provides a more complete description of my educational
`
`background and work experience.
`
`II.
`
`Legal Understanding
`
`13. My opinions are also informed by my understanding of the relevant
`
`law, although I am not a lawyer and do not intend to testify about legal issues. I
`
`understand that the patentability analysis is conducted on a claim-by-claim basis
`
`and that there are several possible reasons that a patent claim may be found to be
`
`unpatentable.
`
`14.
`
`I understand that earlier publications and patents may act to render a
`
`patent unpatentable for one of two reasons: (1) anticipation, and (2) obviousness.
`
`A.
`
`15.
`
`Anticipation
`
`I understand that a single piece of prior art “anticipates” a claim if
`
`each and every element of the claim is disclosed in that prior art. I further
`
`understand that, where a claim element is not explicitly disclosed in a prior art
`
`reference, the reference may nonetheless anticipate a claim if the missing claim
`9
`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 9 of 78
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`element is necessarily present in the apparatus disclosed, or is a natural result of
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`the method disclosed—that
`
`is,
`
`the missing element
`
`is “inherent” in what
`
`is
`
`disclosed.
`
`B.
`
`16.
`
`Obviousness
`
`Second, I understand that the prior art may render a patent claim
`
`“obvious.” I understand that two or more pieces of prior art that each disclose
`
`fewer than all elements of a patent claim may nevertheless be combined to render a
`
`patent claim obvious if the combination of the prior art collectively discloses all
`
`elements of the claim and one of ordinary skill in the art at the time would have
`
`been motivated to combine the prior art. I understand that this motivation to
`
`combine need not be explicit in any of the prior art, but may be inferred from the
`
`knowledge of one of ordinary skill in the art at the time the patent was filed. I also
`
`understand that one of ordinary skill in the art is not an automaton, but is a person
`
`having ordinary creativity.
`
`17.
`
`I further understand that one or more pieces of prior art that disclose
`
`fewer than all of the elements of a patent claim may render a patent claim obvious
`
`if including the missing element would have been obvious to one of skill in the art
`
`at the time of the alleged invention (that is, if the missing element represents only
`
`{38560571;1}
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`10
`
`Ex. 1002
`YMax Corporation
`Page 10 of 78
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`
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`an insubstantial difference over the prior art, or a reconfiguration of a known
`
`system).
`
`18.
`
`I understand that
`
`the obviousness analysis must
`
`focus on the
`
`knowledge available to one of skill in the art at the time of the invention in order to
`
`avoid impermissible hindsight. I further understand that the obviousness inquiry
`
`assumes that the person having ordinary skill in the art would have knowledge of
`
`all relevant references available at the time of the invention.
`
`III. Person Of Ordinary Skill In The Art
`
`19.
`
`It is my opinion that a person of ordinary skill in the art with respect
`
`to the ’298 Patent in 1999-2000 would have a bachelor’s degree in electrical
`
`engineering, computer science, or the equivalent thereof and approximately 2 years
`
`of professional experience within the field of telecommunications or network
`
`communications.
`
`20.
`
`The ’298 Patent concerns the basic architecture of the telephone
`
`network that has existed in the United States for many decades, as well as basic
`
`Internet technology that was well known by 1999-2000. These topics were covered
`
`in detail by that time in books, in publications by standards bodies, and by vendors
`
`that provided products and solutions in these areas. Because the technology
`
`involved in the ’298 patent involves well-known technologies and functionalities,
`
`{38560571;1}
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`11
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`Ex. 1002
`YMax Corporation
`Page 11 of 78
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`
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`an engineer or computer scientist with approximately 2 years of experience in
`
`telecommunications would be well-versed in the concepts disclosed in the ’298
`
`patent.
`
`21. My opinions regarding the level of ordinary skill in the art are based
`
`on, among other things, my over 25 years of experience in the field of
`
`telecommunications, network communications, computer science and engineering,
`
`my understanding of the basic qualifications that would be relevant to an engineer
`
`or scientist tasked with investigating methods and systems in the relevant area, and
`
`my familiarity with the backgrounds of colleagues and co-workers, both past and
`
`present.
`
`IV.
`
`Summary Of The ’298 Patent
`
`A.
`
`22.
`
`Priority Date
`
`The face of the ’298 patent reflects a chain of patent applications
`
`dating back to May 4, 2000. I have been informed that in pending litigation against
`
`Petitioner YMax Corporation in which the ’298 patent is being asserted, the
`
`plaintiff asserting infringement has stated that the claims of the ’298 patent may be
`
`entitled to a priority date as early as June 1, 1999. For this declaration, I will
`
`assume that the ’298 Patent is entitled to the filing date of May 4, 2000, and that it
`
`may be entitled to an invention date as early as June 1, 1999.
`12
`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 12 of 78
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`
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`B.
`
`23.
`
`Overview Of The Challenged Independent Claims
`
`The two claims challenged in the accompanying petition, independent
`
`claims 1 and 20 of the ’298 patent, are directed towards using a website to
`
`configure telephone service options. Claim 20 adds that telephone calls may be
`
`transmitted over the conventional telephone network or may be a Voice over IP
`
`call (a telephone call transmitted over the Internet). As detailed below, such
`
`website-based configuration as well as Voice over IP calls are both in the prior art.
`
`24. More specifically, the ’298 Patent summarizes itself as relating to “a
`
`system for allowing a subscriber to select features of the subscriber’s telephone
`
`service and to various novel features that can be selected.” Ex. 1001 at 1:20-23.
`
`25.
`
`The patent’s specification asserts that setting up optional telephony
`
`services such as call forwarding1 “typically require[s] access from the first or
`
`second party’s device [that is, from a telephone] and are extremely awkward to
`
`program.” The specification further claims that in the past, setting up such features
`
`“required a subscriber to make the feature selection through the telephone business
`
`1 Call forwarding is the telephone service feature that allows you to redirect a call
`
`made to one phone number to another phone number, so that, for example,
`
`telephone calls made to your house phone are re-routed to your cell phone, or to
`
`your friend’s house.
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`{38560571;1}
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`13
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`Ex. 1002
`YMax Corporation
`Page 13 of 78
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`
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`office. Central office workers would then implement
`
`the provisioning under
`
`request of the business office.” Ex. 1001 at 1:49-51, 2:1-13.2
`
`26.
`
`To address the alleged problems in the prior art, the ’298 patent
`
`discloses allowing a user to select or modify features for their telephone service
`
`“by means of the world wide web.” Ex. 1001 at 5:33-64. This “allow[s] a
`
`subscriber to remotely control features…” Ex. 1001 at 2:55-57. The patent
`
`emphasizes that giving the user “[d]irect 3rd-party control means that the ability to
`
`provision the 3rd-party features is directly available to a subscriber, eliminating the
`
`need to go through the telephone company (telco) business office.” Ex. 1001 at
`
`3:3-6; see also Ex. 1001 at 5:33-36 (“FIG. 1 illustrates the preferred method for an
`
`authorized subscriber to modify the 3rd-party control criteria by means of the
`
`world wide web 22 (and web server 23) using an Internet browser.”)3
`
`2 Provisioning is a term of art in telecommunications meaning preparing and
`
`configuring a new service for users of the network.
`
`3 Various parts of the specification focus on two telephony features:
`
`branch
`
`calling, and caller ID based call routing. None of the claims addressed in the
`
`accompanying petition and this declaration, however, contain limitations directed
`
`to either of those features.
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`{38560571;1}
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`14
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`Ex. 1002
`YMax Corporation
`Page 14 of 78
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`27.
`
`There are two independent claims addressed in my declaration:
`
`claims 1 and 20.
`
`28. Claim 1 states the following (see Ex. 1001):
`
`A method for providing user control selections for routing of one or more
`communications between users of one or more communications networks,
`wherein the users either 1)
`initiate a communication, 2)
`receive a
`communication, or 3) control a communication, the user control selections
`provided by a user via access to a web server of a web-enabled processing
`system connected to operate at
`least
`in part with the one or more
`communication networks, wherein at
`least one of the communication
`networks is a network comprising edge switches for routing calls from and
`to users within a local geographic area and switching facilities for routing
`calls to other edge switches or other switching facilities local or in other
`geographic areas,
`the web server of web-enabled processing system
`facilitating direct access by a user for providing user control selections to the
`at least one of the switching facilities, the user having a communications
`device with which to communicate with the web server of the web-enabled
`processing system, the method comprising the steps of:
`
`facilitating access by authorized users to the web-enabled processing
`system, via the web server,
`the web-enabled processing system
`coupled to at least one of the switching facilities of the network, the
`web-enabled processing system configured to route a communication
`from a specific one of the users to an intended recipient of the users;
`
`executing control criteria, via the web-enabled processing system, to
`control the routing of the one or more communications via the web-
`enabled processing system, the control criteria predetermined by the
`users control selections via the web server before the control criteria
`are executed via the web-enabled processing system, wherein the
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`{38560571;1}
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`15
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`Ex. 1002
`YMax Corporation
`Page 15 of 78
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`
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`web-enabled processing system is configured to perform the following
`operations to execute the control criteria:
`
`first, receive a message indicating a communication request
`from a user initiating a communication for an intended recipient
`user, wherein the message request
`is transmitted using a
`signalling protocol of the at least one communication network;
`
`second, validate and acknowledge said communications request
`without first forwarding said request to a terminating edge
`switch within the geographic area of the intended recipient of
`the users;
`
`third, determine the control criteria for access to the intended
`recipient of the users;
`fourth, facilitate selection of a routing path over the at least one
`communication network in accordance with the control criteria
`for the intended recipient user;
`
`fifth, route the communication in accordance with the control
`criteria, and
`
`sixth, complete a communications link between the user
`initiating the communication and the intended recipient of the
`users, when the intended recipient of the users accepts the
`communication from the user initiating the communication.
`
`29.
`
`Though it does so using a lot of words, Claim 1 essentially claims
`
`using a website to configure a telephone system’s call forwarding feature for calls
`
`received over the conventional telephone network (the PSTN) and a controlling
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`device (called a web-enabled processing system) to effectuate the call forwarding.
`16
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`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 16 of 78
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`
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`30. Claim 20 is similar to claim 1, except that Claim 20 requires that that
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`the controlling device also be connected to "a packet network [such as the Internet]
`
`configured to support voice over IP ('VOIP')." See Ex. 1001. (underline added)
`
`Claim 20 also requires additional well-known website features, such as granting
`
`access only to authorized users (for example, with a password).
`
`31. As detailed below, these claimed methods were neither new nor
`
`nonobvious as of June 1, 1999.
`
`In fact, the ’298 Patent itself admits that the
`
`primary elements of these patent claims are in the prior art.
`
`32.
`
`For
`
`example,
`
`in
`
`the
`
`section
`
`of
`
`the
`
`specification
`
`entitled
`
`“Background,” the patent acknowledges that Call Forwarding is not just known
`
`but a “popular provision.” Ex. 1001 at 2:14-19. The patent also admits that
`
`“[t]here are Voice Over Internet Protocol (VoiP) products emerging that provide
`
`better user interfaces and control…” Ex. 1001 at 2:48-51. Still further, the patent
`
`also admits that "Today, there are web-based companies managing 3rd-party call
`
`control, via the toll-switch network, which allow users to enter call control
`
`information through a web portal." Ex. 1001 at 1:31-34.
`
`33.
`
`Indeed, by July 1, 1999, there was nothing inventive about setting up
`
`a website for configuring telephone options rather than having to call customer
`
`service. Using a website to configure telephone features was already in the prior
`
`art. As one example, U.S. Patent No. 6,463,145 to O'Neal et al. (“O'Neal”)
`17
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`{38560571;1}
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`Ex. 1002
`YMax Corporation
`Page 17 of 78
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`
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`discloses a system that allows a user
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`to “review and/or modify [their]
`
`communication options” (such as “call forwarding”) over the world wide web
`
`using a “user computer 100” in communication with a “web-site” and a “web
`
`server 122.” Ex. 1003 at 16:36-64, 7:45-8:22, 11:26-51, Fig. 1.
`
`34. As a further example, U.S. Patent No. 5,958,016 to Chang et al.
`
`(“Chang”) discloses a system where the user can “review and/or change” their
`
`telephone “service control information” (such as “chang[ing] the 'forward to'
`
`number”) over the world wide web. Ex. 1004 at 18:33-21:27, 2:54-67.
`
`In
`
`explaining the motivation for this invention, Chang notes that “[i]t
`
`is too
`
`cumbersome to require the subscriber to call
`
`the local
`
`telephone company's
`
`business office and request each and every one of the routine changes” (underline
`
`added) and that “[a] need therefore still exists for a technique which will enable
`
`any subscriber to personally access and control their AIN ['Advanced Intelligent
`
`Network'] services from a general purpose computer without specially developed
`
`hardware or software interfaces.” Ex. 1004 at 2:54-67; 4:39-42.
`
`35.
`
`This is not surprising because by June of 1999, there were over 3
`
`million websites on the web,
`
`including Yahoo (launched in 1994), Amazon
`
`(launched in 1995), and eBay (launched in 1995). See Ex. 1010. Indeed, in 1996 –
`
`over two years prior to June 1, 1999 – eBay hosted over 250,000 auctions that
`
`received over one million bids. See Ex. 1013.
`18
`
`{38560571;1}
`
`Ex. 1002
`YMax Corporation
`Page 18 of 78
`
`
`
`V.
`
`State of the Art Of Telecommunications By June 1999
`
`36. As explained below, the technology claimed in the ’298 patent was
`
`well known in the telecommunications field by June 1, 1999. The ’298 patent
`
`concerns the basic architecture of the telephone network that has existed in the
`
`United States for many decades, as well as basic Internet technology that was well
`
`known by 1999-2000. These topics were covered in detail by that time in books, in
`
`publications by standards bodies, and by vendors that provided products and
`
`solutions in these areas. Exhibits 1021-1026 are just few examples of books,
`
`standard bodies publications and products at this time period.
`
`A.
`
`37.
`
`THE PSTN / Circuit Switching Networks
`
`The PSTN (public switched telephone network)
`
`is the world’s
`
`collection of interconnected circuit-switching telephone networks.
`
`38.
`
`In the United States, the PSTN is the conventional telephone network,
`
`primarily built by AT&T when it was “the” telephone company in the United
`
`States. Telephone calls have been made over the PSTN in the United States for
`
`over a century.
`
`39.
`
`In the United States, the PSTN is a countrywide network of switches
`
`connected to each other by wires. The wires and switches between them connect
`
`the telephone of a calling party to the telephone of the called party. Once a
`
`{38560571;1}
`
`19
`
`Ex. 1002
`YMax Corporation
`Page 19 of 78
`
`
`
`telephone call between two landline telephones is established, there is a continuous
`
`physical path of wires, linked by one or more switches, between the telephones at
`
`each end of the call that is dedicated solely to that call. This is the meaning of the
`
`term “circuit switching.” The term refers to the switching of infrastructure from
`
`one dedicated use to another. The network focus is on circuit-based, or connection-
`
`oriented, systems designed for delivery of voice communications.
`
`40.
`
`Even more specifically, the PSTN uses a hierarchy of switches.4 This
`
`makes it possible to scale the telecommunications network to accommodate a large
`
`number of end users across the country. Traffic is managed between the various
`
`switching offices depending on the type of traffic that was to be connected: local
`
`traffic, long distance traffic, and international traffic.
`
`41.
`
`The switches in the PSTN use a five-level hierarchy: edge or end
`
`(class 5), toll or tandem (class 4), primary (class 3), sectional (class 2) and regional
`
`(class 1). Landline phones in people’s houses are generally connected to a
`
`geographically local class 5 switch (also be called an edge switch, end switch, or
`
`central office switch). Telephones in different geographic areas are connected to
`
`different edge switches in different central offices. Tandem/Class 4 switches
`
`generally connect edge/class 5 switches together, although nearby class 5 switches
`
`can be connected directly. In the PSTN, class 2 and 3 switches are used
`
`4 See Ex. 1012.
`{38560571;1}
`
`20
`
`Ex. 1002
`YMax Corporation
`Page 20 of 78
`
`
`
`infrequently, and class 4 switches can be connected to one another as well as by a
`
`class 1 switch. The basic architecture of the PSTN can therefore be illustrated by
`
`the following diagram:
`
`42.
`
`The PSTN switch hierarchy does not mandate physical separation.
`
`Switches from one or more adjacent classes (specifically edge and tandem) can be
`
`located together in the same physical facility. A combined class 4/class 5 switch is
`
`often called a “hybrid” switch.
`
`43. When a telephone call is placed on the PSTN, the call typically travels
`
`from the caller’s phone to the edge switch in the caller’s local central office.
`
`{38560571;1}
`
`21
`
`Ex. 1002
`YMax Corporation
`Page 21 of 78
`
`
`
`Unless the recipient is in the same geographical area and directly connected to the
`
`same central office, the call is then typically routed to one or more tandem
`
`switches (in sequence), until it reaches the edge switch that is directly connected to
`
`the recipient’s phone, and finally to the recipient’s phone. The switches use the
`
`telephone number dialed by the caller to know where to route the call. Thus, the
`
`network of switches enables the communication network to connect users either
`
`within or outside a local geographic area.
`
`B.
`
`44.
`
`Signaling
`
`In addition to carrying voice communications, the PSTN also carries
`
`signaling, which is information used to control the call. Signaling communicates
`
`information the network needs to operate, such as the signal sent to the local
`
`central office from a telephone when the handset is picked up that notifies the
`
`central office to send the telephone a dial tone, or the signal from the central office
`
`that tells a telephone to ring because there is an incoming call. The protocol that is
`
`used for signaling on the PSTN is called Signalling System 7, or SS7.5
`
`45.
`
`The SS7 signaling protocol has been used since well before June
`
`1999.
`
`It was first
`
`issued by CCITT (for Comite Consultatif International
`
`Telephonique et Telegraphique, now known as the ITU-T for Telecommunication
`
`Standardization Sector of the International telecommunications Union, the primary
`
`5 Ex. 1017.
`{38560571;1}
`
`22
`
`Ex. 1002
`YMax Corporation
`Page 22 of 78
`
`
`
`international body for cooperative telecommunications standards) in 1980, and was
`
`revised in 1984, 1988, and 1992.
`
`C.
`
`Packet-Switching Networks: the Internet and Voice over IP
`
`46. Websites on the Internet were well known even to the general public
`
`by June 1, 1999. As noted above, by June of 1999, there were over 3 million
`
`websites on the web, including Yahoo, Amazon, and eBay. Leiner et al. explain in
`
`the February 1997 issue of Communications of the ACM that by early 1997, the
`
`Internet was already well established as a commercial platform:
`
`In the last
`
`few years, we have seen a new phase of
`
`commercialization. Originally, commercial
`
`efforts mainly
`
`comprised vendors providing the basic networking products and
`
`service providers offering connectivity and basic Internet
`
`services. The Internet has now become almost a “commodity”
`
`service, and much of the latest attention has been on the use
`
`of this global information infrastructure as support for other
`
`commercial services.
`
`This activity has been accelerated by the widespread and rapid
`
`adoption of browsers and Web technology, giving users easy
`
`access to information linked around the globe. Products are
`
`{38560571;1}
`
`23
`
`Ex. 1002
`YMax Corporation
`Page 23 of 78
`
`
`
`available for finding, sending, and retrieving that information,
`
`and many of
`
`the latest developments
`
`seek to provide
`
`increasingly sophisticated information services on top of basic
`
`Internet data communications.
`
`Ex. 1014 (emphasis added.)
`
`47. As explained above, the PSTN is a circuit-switched network, which
`
`requires a dedicated point-to-point connection during a phone call. In contrast, the
`
`Internet is a packet-switched network. There is no dedicated route between two
`
`computers that are communicating over the internet. Rather, information to be
`
`transmitted through the Internet is broken down into small blocks called packets,
`
`each of which includes the address of the destination computer. Each packet may
`
`travel a different route through the connected parts of the Internet before arriving at
`
`the destina
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