Declaration of Dean Willis
`Petition for Inter Partes Review of Patent No. 8,457,113
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems, Inc.
`Petitioner
`
`v.
`
`Focal IP LLC,
`Patent Owner
`
`Patent No. 8,457,113 B2
`Filing Date: Jun 22, 2010
`Issue Date: Jun. 4, 2013
`
`BRANCH CALLING AND CALLER ID BASED CALL ROUTING
`TELEPHONE FEATURES
`
`DECLARATION OF DEAN WILLIS IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,457,113
`
`Inter Partes Review No. 2016-01254
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 1
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 1
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`Petition for Inter Partes Review of Patent No. 8,457,113
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Cisco Systems, Inc.
`Petitioner
`
`v.
`
`Focal IP LLC,
`Patent Owner
`
`Patent No. 8,457,113 B2
`Filing Date: Jun 22, 2010
`Issue Date: Jun. 4, 2013
`
`BRANCH CALLING AND CALLER ID BASED CALL ROUTING
`TELEPHONE FEATURES
`
`DECLARATION OF DEAN WILLIS IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,457,113
`
`Inter Partes Review No. 2016-01254
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 1
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 1
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`
`(b) the sophistication of the technology in question, and the rapidity with which
`
`innovations occur in the field; (c) the educational level of active workers in the
`
`field; and (d) the educational level of the inventor.
`
`21.
`
`The relevant technology field for the ’113 patent has to do with
`
`controllers for connecting calls between a packet network, such as a VoIP network,
`
`and a circuit-switched network, such as the Public Switched Telephone Network
`
`(PSTN). Based on this, a POSA at the time of the ’113 patent filing would have
`
`been an engineer with at least a bachelor’s degree in electrical engineering,
`
`computer science, or a related field, or equivalent experience of at least three years
`
`of working in field of telecommunications or networking.
`
`22. Unless otherwise specified, when I mention a POSA or someone of
`
`ordinary skill, I am referring to someone with at least the above level of knowledge
`
`and understanding.
`
`23. Based on my experiences, I have a good understanding of the
`
`capabilities of a person of ordinary skill in the relevant field. Indeed, in addition to
`
`being a person of at least ordinary skill in the art, I have worked closely with many
`
`such persons over the course of my career.
`
`24. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis and
`
`opinions regarding the ’113 patent have been based on the perspective of a person
`
`9.
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 10
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 2
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`
`39.
`
`Telephone services, including voice based telephone calls and fax
`
`messaging, is generally carried out over the PSTN, which is the backbone of the
`
`telephone system in the United States. Ex. 1011 at 41-43; Ex. 1037 at 49-51. The
`
`PSTN consists of a global network of circuit switches arranged in a geographical
`
`hierarchy. Ex. 1011 at 41-43; Ex. 1037 at 49-51. In the 1990s most of the
`
`connections to the PSTN were made using “last-mile” copper connections that
`
`transmitted analog signals. Ex. 1011 at 41-43; Ex. 1037 at 49-50. These
`
`connections were routed directly to a central office or edge switch. Ex. 1037, 49-
`
`51. In the PSTN, switches known as tandem switches or class 3 switches serve to
`
`26.
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 27
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 3
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`
`interconnect geographical regions and edge switches or class 5 switches connect
`
`between tandem switches and end-user devices, like telephones, within a local
`
`geographic area. Ex. 1011 at 41-43, 62-63; Ex. 1013 at 18; Ex. 1037 at 49-51.
`
`40.
`
`Packet-switched networks rely on a different set of technologies to
`
`transmit data. In a packet-switched network, data, including a voice call, is
`
`digitized and transmitted in small chunks called packets. Ex. 1012 at 146-149.
`
`Each packet includes information called a header address telling the packet where
`
`its final destination is. Ex. 1013 at 15; Ex. 1012 at 146-149. Unlike a circuit-
`
`switched network, the packets that make up a voice signal can follow different
`
`paths, directed by devices called routers, to the same destination and that path is not
`
`dedicated to the particular transmission. At the receiving end, the packets are
`
`reassembled to transmit the signal. Ex. 1011 at 58-63. Advantageously, packet-
`
`switched networks do not rely on direct connections. Ex. 1013 at 18; Ex. 1012 at
`
`146-149. Nor are packet-switched networks affected by failure of a particular line,
`
`because the packets can be rerouted. The Internet is an example of a packet-
`
`switched network and it operates in accordance with the Internet Protocol (IP) and
`
`the Transmission Control Protocol (TCP). Ex. 1028 at 16-21. The combination of
`
`the IP and TCP protocols is known as the TCP/IP protocol stack. Ex. 1028 at 16-21.
`
`A diagram comparing packet- and circuit switched networks is reproduced below.
`
`Ex. 1011 at 59, Fig. 2-34.
`
`27.
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 28
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 4
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`
`1001 at col. 1:59-2:16, 2:17-23, 2:40-54. These services were also the type of web-
`
`based toll systems that rely upon the toll network through the use of “800” numbers.
`
`Ex. 1001 at col. 1:41-44, 2:23-29, 3:41-49.
`
`69.
`
`The ’113 patent’s alleged invention was to provide web-based call
`
`selection features through a controller connected to a tandem switch rather than an
`
`edge switch, to provide the telephony features. Ex. 1001 at col. 2:1-3, 3:35-40.
`
`70. As shown in figure 2, the tandem access controller (TAC 10)
`
`controlled call features the PSTN Tandem Switches:
`
`71.
`
`The ’113 patent discloses that its controller and system uses known
`
`technologies and conventional computer and telephony equipment. Ex. 1001 at col.
`
`Background, 1:30-2:54, 2:57-3:62, 4:35-54, 5:32-36, 6:48-67.
`
`45.
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 46
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 5
`Willis Declaration Excerpts
`IPR2016-01258
`
`
`
`obviousness for the ’113 patent.
`
`VII. CONCLUSION
`
`334.
`
`I reserve the right to offer opinions relevant to the invalidity of the
`
`’113 patent claims at issue and/or offer testimony in support of this Declaration.
`
`335.
`
`In signing this Declaration, I recognize that the Declaration will be
`
`filed as evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office. I also recognize that I may be subject
`
`to cross-examination in the case. If required, I will appear for cross-examination at
`
`the appropriate time.
`
`336.
`
`I hereby declare that all statements made herein of my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true and, further, that these statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine or imprisonment, or
`
`both, under 18 U.S.C. § 1001.
`
`Dated: 6/23/2016
`
`Respectfully submitted,
`
`_________________________________
`
`189.
`
`CISCO SYSTEMS, INC. Ex. 1002 Page 190
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 6
`Willis Declaration Excerpts
`IPR2016-01258
`
`
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