Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`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. 7,764,777
`
`_____________
`
`DECLARATION OF TAL LAVIAN, PH.D.
`IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF PATENT NO. 7,764,777
`
`{38566021;1}
`
`Ex. 1002
`YMax Corporation
`Page 1 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 1
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`U.S. Patent No. 7,764,777
`
`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. 7,764,777
`
`_____________
`
`DECLARATION OF TAL LAVIAN, PH.D.
`IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF PATENT NO. 7,764,777
`
`{38566021;1}
`
`Ex. 1002
`YMax Corporation
`Page 1 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 1
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`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 ’777 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 ’777 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 ’777 patent involves well-known technologies and
`
`{38566021;1}
`
`12
`
`Ex. 1002
`YMax Corporation
`Page 12 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 2
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`publications by standards bodies, and by vendors that provided products and
`
`solutions in these areas. Exhibits 1004 and 1019-1023 are just few examples of
`
`standard bodies publications and products at this time period.
`
`A.
`
`39.
`
`THE PSTN / Circuit Switching Networks
`
`The PSTN (public switched telephone network)
`
`is the world’s
`
`collection of interconnected circuit-switching telephone networks.
`
`40.
`
`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.
`
`41.
`
`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
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`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.
`
`{38566021;1}
`
`19
`
`Ex. 1002
`YMax Corporation
`Page 19 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 3
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`42.
`
`Even more specifically, the PSTN uses a hierarchy of switches.3 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.
`
`43.
`
`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 called an edge switch, end switch, or
`
`central office switch). 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 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:
`
`3 See Ex. 1012.
`
`{38566021;1}
`
`20
`
`Ex. 1002
`YMax Corporation
`Page 20 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 4
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`
`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`44.
`
`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.
`
`45. 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.
`
`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
`
`{38566021;1}
`
`21
`
`Ex. 1002
`YMax Corporation
`Page 21 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 5
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
`
`I
`
`own
`
`are
`
`1001
`
`18
`
`or
`
`(38494619:13}
`
`79
`
`Ex. 1002
`YMax Corporation
`Page 82 of 82
`
`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2065 - 6
`Lavian Declaration Excerpts
`IPR2016-01258
`
`
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