`Petition for Inter Partes Review of Patent No. 8,457,113
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`Cisco Systems, Inc.
`Petitioner
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`v.
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`Focal IP LLC,
`Patent Owner
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`Patent No. 8,457,113 B2
`Filing Date: Jun 22, 2010
`Issue Date: Jun. 4, 2013
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`BRANCH CALLING AND CALLER ID BASED CALL ROUTING
`TELEPHONE FEATURES
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`DECLARATION OF DEAN WILLIS IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,457,113
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`Inter Partes Review No. 2016-01254
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`CISCO SYSTEMS, INC. Ex. 1002 Page 1
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 1
`Willis Deposition Excerpts
`IPR2016-01260
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`(b) the sophistication of the technology in question, and the rapidity with which
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`innovations occur in the field; (c) the educational level of active workers in the
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`field; and (d) the educational level of the inventor.
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`21. The relevant technology field for the ’113 patent has to do with
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`controllers for connecting calls between a packet network, such as a VoIP network,
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`and a circuit-switched network, such as the Public Switched Telephone Network
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`(PSTN). Based on this, a POSA at the time of the ’113 patent filing would have
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`been an engineer with at least a bachelor’s degree in electrical engineering,
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`computer science, or a related field, or equivalent experience of at least three years
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`of working in field of telecommunications or networking.
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`22. Unless otherwise specified, when I mention a POSA or someone of
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`ordinary skill, I am referring to someone with at least the above level of knowledge
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`and understanding.
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`23. Based on my experiences, I have a good understanding of the
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`capabilities of a person of ordinary skill in the relevant field. Indeed, in addition to
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`being a person of at least ordinary skill in the art, I have worked closely with many
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`such persons over the course of my career.
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`24. Although my qualifications and experience exceed those of the
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`hypothetical person having ordinary skill in the art defined above, my analysis and
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`opinions regarding the ’113 patent have been based on the perspective of a person
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`9.
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`CISCO SYSTEMS, INC. Ex. 1002 Page 10
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 2
`Willis Deposition Excerpts
`IPR2016-01260
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`39. Telephone services, including voice based telephone calls and fax
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`messaging, is generally carried out over the PSTN, which is the backbone of the
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`telephone system in the United States. Ex. 1011 at 41-43; Ex. 1037 at 49-51. The
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`PSTN consists of a global network of circuit switches arranged in a geographical
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`hierarchy. Ex. 1011 at 41-43; Ex. 1037 at 49-51. In the 1990s most of the
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`connections to the PSTN were made using “last-mile” copper connections that
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`transmitted analog signals. Ex. 1011 at 41-43; Ex. 1037 at 49-50. These
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`connections were routed directly to a central office or edge switch. Ex. 1037, 49-
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`51. In the PSTN, switches known as tandem switches or class 3 switches serve to
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`26.
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`CISCO SYSTEMS, INC. Ex. 1002 Page 27
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 3
`Willis Deposition Excerpts
`IPR2016-01260
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`interconnect geographical regions and edge switches or class 5 switches connect
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`between tandem switches and end-user devices, like telephones, within a local
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`geographic area. Ex. 1011 at 41-43, 62-63; Ex. 1013 at 18; Ex. 1037 at 49-51.
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`40. Packet-switched networks rely on a different set of technologies to
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`transmit data. In a packet-switched network, data, including a voice call, is
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`digitized and transmitted in small chunks called packets. Ex. 1012 at 146-149.
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`Each packet includes information called a header address telling the packet where
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`its final destination is. Ex. 1013 at 15; Ex. 1012 at 146-149. Unlike a circuit-
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`switched network, the packets that make up a voice signal can follow different
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`paths, directed by devices called routers, to the same destination and that path is not
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`dedicated to the particular transmission. At the receiving end, the packets are
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`reassembled to transmit the signal. Ex. 1011 at 58-63. Advantageously, packet-
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`switched networks do not rely on direct connections. Ex. 1013 at 18; Ex. 1012 at
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`146-149. Nor are packet-switched networks affected by failure of a particular line,
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`because the packets can be rerouted. The Internet is an example of a packet-
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`switched network and it operates in accordance with the Internet Protocol (IP) and
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`the Transmission Control Protocol (TCP). Ex. 1028 at 16-21. The combination of
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`the IP and TCP protocols is known as the TCP/IP protocol stack. Ex. 1028 at 16-21.
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`A diagram comparing packet- and circuit switched networks is reproduced below.
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`Ex. 1011 at 59, Fig. 2-34.
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`27.
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`CISCO SYSTEMS, INC. Ex. 1002 Page 28
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 4
`Willis Deposition Excerpts
`IPR2016-01260
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`1001 at col. 1:59-2:16, 2:17-23, 2:40-54. These services were also the type of web-
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`based toll systems that rely upon the toll network through the use of “800” numbers.
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`Ex. 1001 at col. 1:41-44, 2:23-29, 3:41-49.
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`69. The ’113 patent’s alleged invention was to provide web-based call
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`selection features through a controller connected to a tandem switch rather than an
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`edge switch, to provide the telephony features. Ex. 1001 at col. 2:1-3, 3:35-40.
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`70. As shown in figure 2, the tandem access controller (TAC 10)
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`controlled call features the PSTN Tandem Switches:
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`71.
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` The ’113 patent discloses that its controller and system uses known
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`technologies and conventional computer and telephony equipment. Ex. 1001 at col.
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`Background, 1:30-2:54, 2:57-3:62, 4:35-54, 5:32-36, 6:48-67.
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`45.
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`CISCO SYSTEMS, INC. Ex. 1002 Page 46
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 5
`Willis Deposition Excerpts
`IPR2016-01260
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`obviousness for the ’113 patent.
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`VII. CONCLUSION
`334. I reserve the right to offer opinions relevant to the invalidity of the
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`’113 patent claims at issue and/or offer testimony in support of this Declaration.
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`335. In signing this Declaration, I recognize that the Declaration will be
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`filed as evidence in a contested case before the Patent Trial and Appeal Board of the
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`United States Patent and Trademark Office. I also recognize that I may be subject
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`to cross-examination in the case. If required, I will appear for cross-examination at
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`the appropriate time.
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`336. I hereby declare that all statements made herein of my own knowledge
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`are true and that all statements made on information and belief are believed to be
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`true and, further, that these statements were made with the knowledge that willful
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`false statements and the like so made are punishable by fine or imprisonment, or
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`both, under 18 U.S.C. § 1001.
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`Dated: 6/23/2016
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`Respectfully submitted,
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`_________________________________
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`189.
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`CISCO SYSTEMS, INC. Ex. 1002 Page 190
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`YMAX CORPORATION v. FOCAL IP, LLC
`FOCAL IP, LLC EX2027 - 6
`Willis Deposition Excerpts
`IPR2016-01260
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