`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`Cisco Systems, Inc.,
`
`Petitioner
`
`v.
`
`FOCAL IP, LLC,
`
`Patent Owner
`
`________________
`
`Case IPR2016-01257
`Patent Number: 8,457,113
`________________
`
`DECLARATION OF REGIS J. “BUD” BATES IN SUPPORT OF PATENT
`OWNER’S PRELIMINARY RESPONSE
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`CISCO SYSTEMS, INC. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2001 - 1
`Bates Declaration
`IPR2016-01257
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`Declaration of Regis J. “Bud” Bates
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`TABLE OF CONTENTS
`
`I.
`
`II.
`
`QUALIFICATIONS ........................................................................................ 1
`
`PERSON OF ORDINARY SKILL ................................................................. 4
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`III. LEGAL UNDERSTANDING ......................................................................... 4
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`A. ANTICIPATION ................................................................................... 5
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`B. OBVIOUSNESS ................................................................................... 5
`
`C.
`
`BROADEST REASONABLE INTERPRETATION ........................... 8
`
`IV. DISCUSSION OF THE PSTN AND OVERVIEW OF THE ’113 PATENT .
` ......................................................................................................................... 9
`
`GENERAL DISCLAIMER OF CONTROLLERS CONNECTED TO EDGE
`V.
`SWITCHES .............................................................................................................. 16
`
`A. Disparaging Statements in the ’113 Patent ......................................... 16
`
`Applicant’s Statements in the Prosecution History to Distinguish over
`B.
`Schwab ........................................................................................................... 22
`
`1.
`
`2.
`
`’777 Patent Prosecution - First Response to an Office Action .....
` ...................................................................................................22
`
`’777 Patent Prosecution - Second Response to an Office Action .
` ...................................................................................................24
`
`C.
`
`Scope of General Disclaimer ............................................................... 27
`
`VI. CLAIM CONSTRUCTIONS ........................................................................ 28
`
`A.
`
`“Controller” ......................................................................................... 28
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`VII. SUMMARY OF THE REFERENCES ......................................................... 29
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`ii
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`Declaration of Regis J. “Bud” Bates
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`A.
`
`B.
`
`Summary of Burger ............................................................................. 29
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`Summary of Archer ............................................................................. 31
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`VIII. ARGUMENTS .............................................................................................. 33
`
`A.
`
`B.
`
`Petitioner has not met Its Burden Under Grounds 1, 2 and 3 ............. 33
`
`An Overview of Claims 143 and 163 .................................................. 34
`
`C. Grounds 1 and 2 .................................................................................. 35
`
`D.
`
`Petitioner has not Met Its Burden under Ground 3 ............................. 37
`
`IX. CONCLUSION .............................................................................................. 40
`
`iii
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`CISCO SYSTEMS, INC. v. FOCAL IP, LLC
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`IPR2016-01257
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`Declaration of Regis J. “Bud” Bates
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`I, Regis J. “Bud” Bates, declare as follows:
`
`1. My name is Regis J. “Bud” Bates, and I have been retained as an
`
`expert witness for Inter Partes Review of IPR2016-01257.
`
`2.
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`This report contains statements of my opinions formed to date and the
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`bases and reasons for those opinions. I may offer additional opinions based on
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`further review of materials in this case, including opinions and/or testimony of other
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`expert witnesses.
`
`3.
`
`I understand that this Declaration is being submitted along with Patent
`
`Owner’s Preliminary Response.
`
`4.
`
`Capitalized terms found in this Declaration that are not defined herein have
`
`the meaning given them in Patent Owner’s Preliminary Response.
`5.
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`In preparing this Declaration, I have reviewed the Petition, the declaration
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`that accompanies the Petition (hereinafter referred to as “Petitioner’s Declaration”),
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`and the exhibits that have been submitted with the aforementioned filings.
`6.
`
`This Declaration is a statement of my opinions on issues related to the
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`validity of the Challenged Claims of the ’113 Patent.
`
`7.
`
`I am of the opinion that the Challenged Claims of the ’113 Patent are
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`patentable for the reasons discussed below.
`
`I.
`
`QUALIFICATIONS
`This section summarizes my career history, education, publications, and
`
`8.
`
`other relevant qualifications. My full curriculum vitae is attached as Appendix A to
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`this report.
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`
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`1
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`Declaration of Regis J. “Bud” Bates
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`9.
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`I have been involved in and with the telecommunications industry for 50
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`years and have seen the development and growth of the various technologies,
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`infrastructure, legal, regulatory, and technical services.
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`10. Notably, I am the author of 20 books which outline the use of Voice and
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`Data technologies used throughout the industry. As author of this book, I am
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`uniquely situated to opine upon the state of the Telephone Networks, as well as the
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`conclusions that both parties in this proceeding draw therefrom.
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`11.
`
`I am the founder and president of TC International Consulting, Inc.
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`(TCIC), based in Heber, Arizona. I have held this position since the inception of the
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`company in October 1989. TCIC is a full service consulting and training firm
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`specializing in communications and computer convergence.
`12. My role is to assist our client companies with the analysis of options,
`
`selection of vendors or products to meet their strategic goals, and training for
`
`technologies including voice, telephone systems, data networks, video, Internet,
`
`wireless, wireless local area networks (LAN), voice over Internet Protocol (VoIP)
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`systems and services, fiber optics, and infrastructure. We have been responsible for
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`selecting and implementing over 100 private branch exchange (PBX) systems for
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`our client companies. TCIC develops and conducts training for corporate users,
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`equipment manufacturers, and Telephone and Internet carriers.
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`13. From September 1986 to October 1989, I was the chief information officer
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`at Pepper, Hamilton, and Scheetz in Philadelphia, PA. My responsibilities included
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`the complete automation of the law firm’s multiple offices around the country.
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`2
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`Declaration of Regis J. “Bud” Bates
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`14. From September 1979 to September 1986, I was the telecommunications
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`manager at Air Products and Chemicals, Inc. My responsibilities were to design,
`
`select, analyze and implement voice and data communications projects at U.S. and
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`international sites.
`
`15. From April 1977 to September 1979, I was the senior telecommunications
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`manager for manufacturing and international sites at Data General Corporation in
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`Westboro, MA. I was responsible for selecting telecommunications equipment for
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`sites across the world, selecting services (voice, data and fax traffic) from common
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`carriers, and selecting appropriate means and protocols to use these goods and
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`services.
`
`16. From September 1974 to April 1977, I was the manager of administrative
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`services at a retail chain in Canton, MA called Hills Department Stores. There, I was
`
`responsible for communications matters including voice, data, fax, telex, and
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`teletype.
`17. From April 1972 to September 1974, I worked as the telecommunications
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`and facilities manager at Damon Corporation, a conglomerate that included medical-
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`biological development, veterinary products, clinical labs, security manufacturing,
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`and hobby craft. My responsibilities included voice and data communications for a
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`variety of locations across the country.
`
`18. From September 1966 to April 1972, I was a captain in the U.S. Army
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`Signal Corps. My assignments took me to many locations, including a deployment
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`in Vietnam, where I worked in mobile and fixed-site communication environments
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`using radio-based troposcatter systems.
`
`
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`3
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`Declaration of Regis J. “Bud” Bates
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`19.
`
`In addition to these formal roles, I have consulted for and provided training
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`courses to over 20 major organizations, including Cisco, Motorola Solutions, Nortel
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`Networks, the University of California at Berkeley, and Fidelity Investments, as well
`
`as the U.S. Army, Electronic proving Grounds, Central Intelligence Agency, Federal
`
`Bureau of Investigation, and National Security Agency.
`20.
`
`I received a Bachelor of Sciences degree in Business Management in 1979
`
`from Stonehill College in Easton, MA with additional work towards my Masters of
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`Business Administration from Lehigh University in Bethlehem, PA and St. Joseph’s
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`College in Philadelphia, PA. I completed all the coursework but not the thesis for an
`
`MBA.
`
`21.
`
`I have authored or co-authored 20 books on telecommunications
`
`technologies, and have authored 9 magazine articles.
`
`II.
`PERSON OF ORDINARY SKILL
`22. While I am not expressing an opinion at this time on whether Petitioner’s
`
`declarant’s definition of a person of ordinary skill in the art is correct, I am adopting
`
`it for the limited purposes of this Declaration.
`
`III. LEGAL UNDERSTANDING
`23. Although I am not an attorney and do not intend to testify about legal
`
`issues, my opinions are also informed by my understanding of the relevant law. I
`
`understand that the Patent Office will find a patent claim invalid in an inter partes
`
`review if it concludes that it is more likely than not that the claim is invalid.
`
`
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`4
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`Declaration of Regis J. “Bud” Bates
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`A. ANTICIPATION
`24.
`I have read 35 U.S.C. §§ 102 (a)-(g) and have been advised by counsel of
`
`the requirements to prove “anticipation” of a patented invention under these
`
`statutory provisions. I have been advised that if each and every element or step of a
`
`claim is disclosed within the “four corners” of a single prior art reference, that claim
`
`is said to be anticipated by that prior art reference and is invalid under 35 U.S.C. §
`
`102.
`25.
`
`I understand that anticipation requires that a single reference disclose all
`
`the elements, as arranged in the claim. I further understand that the prior art reference
`
`must clearly and unequivocally disclose the claimed invention or direct those skilled
`
`in the art to the claimed invention without any need for picking, choosing, and
`
`combining various disclosures not directly related to each other by the teachings of
`
`the cited reference.
`26.
`
`I also have been advised that a prior art reference can disclose a claim
`
`feature because the feature is expressly described, or because the feature is inherent
`
`in the disclosure. I understand that something is inherent in a prior art reference if
`
`the missing descriptive matter must be necessarily present, and it would be so
`
`recognized by one of ordinary skill in the art. I also understand that inherency cannot
`
`be established by probabilities or possibilities, and that the mere fact that something
`
`may result from a given set of circumstances is not sufficient to show inherency.
`
`B. OBVIOUSNESS
`27.
`I have also been advised by counsel of the legal standards that apply to
`
`invalidity for obviousness under 35 U.S.C. § 103. I understand that a patent claim
`
`
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`5
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`Declaration of Regis J. “Bud” Bates
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`may be invalid under 35 U.S.C. § 103 if the differences between the claimed subject
`
`matter and the prior art are such that the subject matter as a whole would have been
`
`obvious at the time the invention was made to a person having ordinary skill in the
`
`art to which the subject matter pertains. I understand that obviousness is a question
`
`of law and that the following factors must be evaluated to determine whether a party
`
`challenging a patent claim’s validity has met its burden of proof that the claimed
`
`invention is obvious: (1) the scope and content of the prior art; (2) the differences
`
`between the claims and the prior art; (3) the level of ordinary skill in the art; and (4)
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`objective indicia of nonobviousness.
`
`28.
`
`I understand that to reach a proper determination under 35 U.S.C. § 103,
`
`one must step backward in time and into the shoes worn by the hypothetical “person
`
`of ordinary skill in the art” (“POSA”) when the invention was unknown and just
`
`before it was made. In view of all factual information, one must then make a
`
`determination whether the claimed invention “as a whole” would have been obvious
`
`at that time to that person of ordinary skill in the art. Knowledge of the applicants’
`
`disclosure must be put aside in reaching this determination, yet kept in mind in order
`
`to determine the differences between the claimed subject matter as a whole and the
`
`content of the prior art.
`
`29.
`
`If a single element of the claim is absent from the prior art, alone, or in
`
`combination, the claims cannot be considered obvious.
`30. Because obviousness is determined from the perspective of a person of
`
`ordinary skill in the art at the time of the invention, I have been informed by counsel
`
`to consider any distortion caused by hindsight bias, to guard against slipping into the
`6
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`Declaration of Regis J. “Bud” Bates
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`use of hindsight, to be cautious of opinions that rely upon after‐the-fact reasoning,
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`and to avoid the temptation to read into the prior art the teachings of the invention
`
`at issue. The determination of obviousness is not whether a person could, with full
`
`knowledge of the patented device, reproduce it from prior art or known principles.
`
`The question is whether it would have been obvious, without knowledge of the
`
`patentee’s achievement, to produce the same thing that the patentee produced. This
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`concepts from other devices and change them in light of the now‐known template of
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`judgment must be made without the benefit of hindsight. It is improper to take
`
`the patented device, without some direction that would render it obvious to do so.
`
`31.
`
`I understand that a claim is not proven obvious merely by demonstrating
`
`that each of the claim elements was independently known in the prior art. I
`
`understand that most, if not all, inventions rely on building blocks long since
`
`uncovered and claimed discoveries, and, almost of necessity, will likely be
`
`combinations of elements that were already known. A party challenging validity
`
`must show that a person of ordinary skill in the art would have had a reason to
`
`combine the teachings of the prior art to achieve the claimed invention and would
`
`have had a reasonable expectation of success in doing so.
`32.
`
`I have also been informed by counsel that an inference that a claimed
`
`combination would not have been obvious is especially strong where the prior art’s
`
`teachings undermine the very reason being proffered as to why a person of ordinary
`
`skill would have combined the known elements. A reference may be said to "teach
`
`away" when a person of ordinary skill, upon reading the reference, would be
`
`discouraged from following the path set out in the reference, or would be led in a
`7
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`Declaration of Regis J. “Bud” Bates
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`direction divergent from the path that was taken by the applicant. Where a proposed
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`modification or combination for the prior art would change the principle of operation
`
`of the prior art being modified or render the prior art unsatisfactory for its intended
`
`purpose then the teachings of the references are not sufficient to render the claims at
`
`issue obvious.
`33.
`
`I have been informed by counsel that a party challenging the claims of a
`
`patent must present evidence sufficient to establish some articulated, rational reason
`
`to select and combine the teachings of the prior art to produce the claimed invention
`
`with a reasonable expectation of success, which is sometimes referred to as a prima
`
`facie conclusion, or case, of obviousness.
`
`C. BROADEST REASONABLE INTERPRETATION
`34. The Board interprets claims in an unexpired patent using the broadest
`
`reasonable interpretation (“BRI”) in light of the specification of the patent in which
`
`they appear. Under a broadest reasonable interpretation, words of the claim must be
`
`given their plain meaning, unless such meaning is inconsistent with the specification
`
`and prosecution history. Under this standard, claims should always be read in light
`
`of the specification and teachings in the underlying patent claim. A construction
`
`under BRI cannot be divorced from the specification and the record evidence, and
`
`must be consistent with the one that those skilled in the art would reach. The
`
`construction must be reasonable in light of the totality of the written description and
`
`the claims. I have also been informed by counsel that the prosecution history may
`
`be an important component of intrinsic evidence in construing claims, even when a
`
`broadest reasonable construction standard applies.
`8
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`Declaration of Regis J. “Bud” Bates
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`35.
`
`I understand that the broadest reasonable interpretation of a claim term
`
`cannot be so broad as to include a configuration expressly disclaimed or disavowed
`
`in the specification. Claim terms are given their plain meaning unless the
`
`specification or prosecution history evidences that the patentee acted as his own
`
`lexicographer or disavowed claim scope.
`
`IV. DISCUSSION OF THE PSTN AND OVERVIEW OF THE ’113
`
`PATENT
`36. Before discussing ’113 Patent, a general description of the public
`
`telephone network is in order. The public telephone network is often associated with
`
`the acronym PSTN (Public Switched Telephone Network). While Petitioner and
`
`Patent Owner disagree over what is and is not included in the PSTN, there are areas
`
`of agreement. All parties seemingly agree that the core networks of “traditional”
`
`telecommunications companies (e.g., AT&T) used to route voice calls from one
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`phone to another are part of the PSTN. For example, a voice call from a “wired”
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`analog telephone in California on an AT&T network to another “wired” analog
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`telephone in New York on a Verizon network will traverse the PSTN.
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`9
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`37. To connect phones in distant locations, the PSTN employs various
`
`equipment to route calls. This equipment includes switches and databases, and is
`
`arranged in a hierarchical fashion:
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`10
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`CISCO SYSTEMS, INC. v. FOCAL IP, LLC
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`IPR2016-01257
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`Declaration of Regis J. “Bud” Bates
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`
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`See https://en.wikipedia.org/wiki/PSTN_network_topology. Notably, the same
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`hierarchical levels/equipment may be referred to by a variety of names. In both
`
`examples above, the class 4 level refers to both a “toll center” and a “tandem switch.”
`
`This understanding is important because the ’113 Patent and prior art references
`
`sometimes use different terminology to refer to the same hierarchical level.
`
`38. At the top of the hierarchy are regional toll centers (class 1 offices). These
`
`offices are interconnected with sectional toll centers (class 2 offices), which in turn
`
`connect to primary centers (class 3 offices). As a point of reference, in 1984 (the
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`year AT&T was broken up into the “Baby Bells”), there were 10 class 1 centers, 67
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`class 2 centers, and 200 class 3 centers. Ray Horak, Communications Systems &
`
`Networks 159-61, (2nd ed. 2000) (Ex. 2002).
`
`39. Class 4 and 5 levels comprise the rest of the hierarchy and are of particular
`
`relevance to the ’113 Patent. Class 4 centers contain tandem switches. Class 4
`11
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`centers are also referred to as toll centers, and tandem switches are also referred to
`
`as Class 4 switches or toll switches. As a point of reference, in 1984, there were
`
`approximately 940 tandem switches. Id.
`
`40. Tandem switches have been defined as:
`High-capacity switch[es] positioned in the physical core, or backbone,
`of [the PSTN], where [they] serve to interconnect edge switches, or
`Central Office (CO) switches.
`
`Ray Horak, Webster’s New World Telecom Dictionary (2008), 474 (“Telecom.
`
`Dict.”) (Ex. 2003); and
`[N]etwork switches that serve in partnership with lesser switches,
`linking them together. In other words and in the classic sense, tandem
`switches serve no end users directly; rather, they serve to interconnect
`switches over dedicated
`interoffice
`trunks,
`forming a
`fully
`interconnected and toll-free metropolitan calling area in the process.
`
`Ray Horak, Telecommunications and Data Communications (2007), 212 (Ex. 2004).
`
`The ’113 Patent refers to a “PSTN tandem switch” as “exchanges that direct
`
`telephone calls (or other traffic) to central offices [] or to other tandem switches.”
`
`’113 Patent, 4:47-49.
`41. As stated above, tandem switches serve to interconnect Class 5 offices that
`
`contain edge switches. Edge switches are sometimes referred to as central offices
`
`(“COs”), and vice versa. In 1984, there were thousands of COs containing edge
`
`switches in the U.S. Central offices have been defined as:
`
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`12
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`[Offices] which serve end users through local loop connections [local
`loops are the actual copper wires that run from a customer’s premises to
`the central office].
`
`Ex2002 at 159; and
`. . . a CO traditionally houses one or more voice-optimized circuit switches
`to interconnect subscriber lines within a local area known as the carrier
`serving area (CSA) and to connect subscriber local loops to network
`trunks.
`
`Ex2003 at 102.
`
`42. These dictionary definitions are consistent with the disclosures of tandem
`
`switches and edge switches in the ’113 Patent:
`The [PSTN] consists of a plurality of edge switches connected to
`telephones on one side and to a network of tandem switches on the other.
`The tandem switch network allows connectivity between all of the edge
`switches, and a signaling system is used by the PSTN to allow calling and
`to transmit both calling and called party identity.
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`13
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`’113 Patent, 1:45-51 and Fig. 2. The most salient points regarding tandem switches
`
`and edge switches, as confirmed by both extrinsic and intrinsic evidence, are (1)
`
`edge switches are connected directly to subscribers or edge devices via end-lines
`
`(i.e., there are copper wires (or other media) that run directly between the edge
`
`switches and subscribers); and (2) tandem switches are not directly connected to
`
`subscribers or edge devices, but are instead connected to edge switches and other
`
`tandem switches.
`
`43.
`
`In the PSTN, before one subscriber is able to have a voice communication
`
`with another subscriber, the call must be “set up.” Setting-up a call refers to the
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`exchange of control signaling that cause the establishment of a path over which voice
`
`data can flow. In the PSTN, voice paths are established on demand, as needed, in
`
`order to conserve resources.
`
`44. At the time of the inventions, the PSTN utilized the Signaling System 7
`
`(“SS7”) protocol to set up calls. SS7 signaling flows between one CO and another,
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`including all switches in between (e.g., tandem switches). SS7 signaling does not
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`flow past COs to edge devices, as edge devices are not equipped to process and
`
`respond to SS7 signaling.
`45. Generally, the ’113 Patent relates to the provision of call control features
`
`in a public telephone network. Call forwarding (e.g., transferring a voice call
`
`originally directed to 703-555-1212 to an alternate telephone number) is an
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`exemplary call control feature. The ’113 Patent discloses a Tandem Access
`
`Controller (“TAC”) that implements call control features. The TAC is a
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`combination of computing hardware and software that is appropriately programmed
`
`to process calls. ’113 Patent, 4:35-39.
`46. The Background section acknowledges that, at the time of the invention,
`
`various devices existed to provide call control features. One novel and important
`
`aspect of the ’113 Patent concerns where in the PSTN such call control features are
`
`implemented. As discussed in more detail below, the ’113 Patent expressly
`
`recognizes that prior art call control devices were attached to an edge device (e.g.,
`
`phones and PBXs) or an edge switch located in a CO. ’113 Patent 1:51-67; 2:40-44.
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`These prior art edge devices receive a call on one line, dial out on another line, and
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`connect the two lines together.
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`47. By contrast, the ’113 Patent discloses connecting the TAC to a tandem
`switch (hence the name Tandem Access Controller). This arrangement allows calls
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`to be intercepted and processed before they are handed off to the CO (edge switch)
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`associated with the called party. Stated differently, instead of a call being passed to
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`a destination CO, then on to a controller connected to the CO which would a perform
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`call control feature, the TAC processes the call at a tandem switch before it is ever
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`routed to the destination CO.
`48. This novel arrangement has several advantages. The first advantage
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`concerns costs. Calls coming into and out of controllers connected to COs incurred
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`charges for each incoming and outgoing call. See ’113 Patent 2:17-21 (discussing
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`this scenario).
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`49.
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`In a call forwarding scenario using the present invention, the TAC
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`intercepts the call at the Class 4 level before it reaches the destination CO edge
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`Declaration of Regis J. “Bud” Bates
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`switch. As a result, the call from called party to the calling party is processed by the
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`TAC before it reaches the CO associated with the called number. The TAC then
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`initiates call signaling to set up the call to the forwarding number, and connects the
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`original call to the one arranged by the TAC. This process is invisible to the called
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`and calling parties, and incurs less tolls than the prior art solutions discussed in the
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`’113 Patent. ’113 Patent, 4:55-5:3.
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`50. Another advantage regarding the TAC’s placement at a tandem switch
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`concerns call quality. Running an analog voice signal from an edge switch to an
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`edge device over copper wire degrades the quality of the signal (an edge device is a
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`device connected to an edge switch, typically on a customer’s premises, such as a
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`private branch exchange (PBX) or a generic telephone – see ’113 Patent, 5:4-6). The
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`prior art call forwarding solution suffers from this degradation twice: once from the
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`calling party’s call to the controller connected to the CO, and once from the
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`controller’s call to the forwarding number. On the other hand, handling calls at the
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`tandem level maintains the quality of the call, as it is processed within the PSTN,
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`where the signal may be in digital form and/or carried over high-quality lines (as
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`compared to the end lines that carry a call from a CO to a phone). ’113 Patent, 1:59-
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`65; 2:41-51.
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`V. GENERAL DISCLAIMER OF CONTROLLERS CONNECTED TO
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`EDGE SWITCHES
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`A. Disparaging Statements in the ’113 Patent
`51. The intrinsic record of the ’113 Patent recognizes that prior art systems and
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`methods applied call control features through an edge switch or an edge device. The
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`’113 Patent disparages these prior art attempts as suffering from various
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`shortcomings that the present inventions specifically seek to remedy. Indeed,
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`Applicants1, both in the specification and the prosecution history, repeatedly
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`criticized applying call control features through an edge switch or an edge device,
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`and in fact distinguished their inventions over such prior art. By making such
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`statements, Applicants unequivocally disclaimed controllers that applied call control
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`features through an edge switch, or controllers that were themselves an edge device,
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`from the scope of their inventions.
`52. Applicants’ disparaging statements begin in the Background of the
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`Invention section of the ’113 Patent. In discussing various prior art systems and
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`their perceived disadvantages, Applicants specifically disparage the application of
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`call control features at an edge switch:
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`There are also edge devices in each of the public telephone company’s
`central offices which provide local control, but offer an extremely
`limited number of features and do not provide true 3rd-party call
`control.
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`’113 Patent, 1:37-40;
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`1 I will refer to those that drafted and prosecuted the ’113 Patent as
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`“Applicants.”
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`In the past, numerous devices have been built that allow the connection
`of two lines together at an edge switch. These devices can be used to
`add features to a telephone network by receiving a call on one line and
`then dialing out on another line. The problem with these devices is that,
`because they are connected through an edge switch, transmission losses
`and impairments occur, degrading the overall connection. In addition,
`signaling limitations prevent full control, by the subscriber or the
`system, over the call.
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`Id., 1:59-67.
`53.
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`In addition to these disparaging statements, Applicants further distinguish
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`their invention from controllers that are edge devices, and note the numerous
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`disadvantages of applying call control features using an edge device:
`In addition to these [1-800] services, there are edge devices that
`perform some of the same services. Edge devices such as phones and
`PBXs that include voice mail, inter-active voice response, call
`forwarding, speed calling, etc., have been used to provide additional
`call control. These devices allow the phone user direct control over
`incoming and outgoing calls. The disadvantage of edge devices is that
`they add cost, degrade voice and transmission quality, can be difficult
`to program, are not easily programmed remotely, can require the user
`to pay for two lines, provide lower quality of service, and cannot
`provide the same level of functionality as a system that controls the
`PSTN directly.
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`’113 Patent, 2:40-54.
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`Declaration of Regis J. “Bud” Bates
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`54.
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`
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`In sum, the ’113 Patent specification expressly recognizes that prior art
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`systems and methods provided call control features through an edge switch or an
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`edge device, but notes that there are numerous disadvantages with carrying out call
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`control features in this manner; namely, the addition of costs,