`U.S. Patent No. 7,764,777
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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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`____________
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`YMAX CORPORATION,
`Petitioner
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`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}
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`Ex. 1002
`YMax Corporation
`Page 1 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 1
`Lavian Declaration Excerpts
`IPR2016-01263
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`
`
`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`an insubstantial difference over the prior art, or a reconfiguration of a known
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`system).
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`18.
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`I understand that
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`the obviousness analysis must
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`focus on the
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`knowledge available to one of skill in the art at the time of the invention in order to
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`avoid impermissible hindsight. I further understand that the obviousness inquiry
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`assumes that the person having ordinary skill in the art would have knowledge of
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`all relevant references available at the time of the invention.
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`III. Person Of Ordinary Skill In The Art
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`19.
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`It is my opinion that a person of ordinary skill in the art with respect
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`to the ’777 patent in 1999-2000 would have a bachelor’s degree in electrical
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`engineering, computer science, or the equivalent thereof and approximately 2 years
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`of professional experience within the field of telecommunications or network
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`communications.
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`20.
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`The ’777 patent concerns the basic architecture of the telephone
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`network that has existed in the United States for many decades, as well as basic
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`Internet technology that was well known by 1999-2000. These topics were
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`covered in detail by that time in books, in publications by standards bodies, and by
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`vendors that provided products and solutions in these areas. Because the
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`technology involved in the ’777 patent involves well-known technologies and
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`{38566021;1}
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`12
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`Ex. 1002
`YMax Corporation
`Page 12 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 2
`Lavian Declaration Excerpts
`IPR2016-01263
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`publications by standards bodies, and by vendors that provided products and
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`solutions in these areas. Exhibits 1004 and 1019-1023 are just few examples of
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`standard bodies publications and products at this time period.
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`A.
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`39.
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`THE PSTN / Circuit Switching Networks
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`The PSTN (public switched telephone network)
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`is the world’s
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`collection of interconnected circuit-switching telephone networks.
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`40.
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`In the United States, the PSTN is the conventional telephone network,
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`primarily built by AT&T when it was “the” telephone company in the United
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`States. Telephone calls have been made over the PSTN in the United States for
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`over a century.
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`41.
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`In the United States, the PSTN is a countrywide network of switches
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`connected to each other by wires. The wires and switches between them connect
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`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
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`physical path of wires, linked by one or more switches, between the telephones at
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`each end of the call that is dedicated solely to that call. This is the meaning of the
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`term “circuit switching.” The term refers to the switching of infrastructure from
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`one dedicated use to another. The network focus is on circuit-based, or connection-
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`oriented, systems designed for delivery of voice communications.
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`{38566021;1}
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`19
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`Ex. 1002
`YMax Corporation
`Page 19 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 3
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`42.
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`Even more specifically, the PSTN uses a hierarchy of switches.3 This
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`makes it possible to scale the telecommunications network to accommodate a large
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`number of end users across the country. Traffic is managed between the various
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`switching offices depending on the type of traffic that was to be connected: local
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`traffic, long distance traffic, and international traffic.
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`43.
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`The switches in the PSTN use a five-level hierarchy: edge or end
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`(class 5), toll or tandem (class 4), primary (class 3), sectional (class 2) and regional
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`(class 1). Landline phones in people’s houses are generally connected to a
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`geographically local class 5 switch (also called an edge switch, end switch, or
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`central office switch). Tandem/Class 4 switches generally connect edge/class 5
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`switches together, although nearby class 5 switches can be connected directly. In
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`the PSTN, class 2 and 3 switches are used infrequently, and class 4 switches can be
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`connected to one another as well as by a class 1 switch. The basic architecture of
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`the PSTN can therefore be illustrated by the following diagram:
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`3 See Ex. 1012.
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`{38566021;1}
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`Ex. 1002
`YMax Corporation
`Page 20 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 4
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`44.
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`The PSTN switch hierarchy does not mandate physical separation.
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`Switches from one or more adjacent classes (specifically edge and tandem) can be
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`located together in the same physical facility. A combined class 4/class 5 switch is
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`often called a “hybrid” switch.
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`45. When a telephone call is placed on the PSTN, the call typically travels
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`from the caller’s phone to the edge switch in the caller’s local central office.
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`Unless the recipient is in the same geographical area and directly connected to the
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`same central office, the call is then typically routed to one or more tandem
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`switches (in sequence), until it reaches the edge switch that is directly connected to
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`{38566021;1}
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`21
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`Ex. 1002
`YMax Corporation
`Page 21 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 5
`Lavian Declaration Excerpts
`IPR2016-01263
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`
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`I
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`own
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`are
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`1001
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`18
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`or
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`(38494619:13}
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`79
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`Ex. 1002
`YMax Corporation
`Page 82 of 82
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`BHN, et al. v. FOCAL IP, LLC
`FOCAL IP, LLC EX2028 - 6
`Lavian Declaration Excerpts
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