Prior Art:
`
`
`
`
`- U.S. Patent 6,154,777 (Ex. 1004, “Ebrahim-777”);
`- Dynamic Replication on the Internet (Ex. 1005, “Rabinovich-Memo”);
`- U.S. Patent 6,167,427 (Ex. 1006, “Rabinovich-427”)
`
`
`’959 Patent
`Claim Limitation
`
`Ebrahim-777 in view of Rabinovich-427 &
`Rabinovich-Memo
`
`[Claim 1-Preamble]
`
`“1. A computer-
`implemented method of
`delivering text, graphics,
`images, downloads, audio
`or video on behalf of
`multiple content
`providers, comprising:
`
`the Rabinovich-Memo
`in view of
`Ebrahim-777
`discloses this limitation. In particular, the combination
`of the content delivery network (“CDN”) described in
`Ebrahim-777,
`implemented on behalf of multiple
`content providers as suggested by Ebrahim-777 and
`shown
`to be
`typical and conventional by
`the
`Rabinovich-Memo, discloses the preamble.
`
`Ebrahim-777 disclosed a global hosting service and
`content delivery platform for distributing multimedia
`(e.g., QuickTime movies), web, and database services.
`Ebrahim-777 describes a content delivery network
`(“CDN”)
`involving Requesters
`(end
`users),
`Destinations (content servers), and Name Resolvers
`(name servers).
` These components are shown
`highlighted in the figures excerpted below in blue,
`yellow, and green, respectively.
`
`1
`
`Petitioner Limelight - LN1010
`
`
`
`
`
`
`- U.S. Patent 6,154,777 (Ex. 1004, “Ebrahim-777”);
`- Dynamic Replication on the Internet (Ex. 1005, “Rabinovich-Memo”);
`- U.S. Patent 6,167,427 (Ex. 1006, “Rabinovich-427”)
`
`
`’959 Patent
`Claim Limitation
`
`Ebrahim-777 in view of Rabinovich-427 &
`Rabinovich-Memo
`
`[Claim 1-Preamble]
`
`“1. A computer-
`implemented method of
`delivering text, graphics,
`images, downloads, audio
`or video on behalf of
`multiple content
`providers, comprising:
`
`the Rabinovich-Memo
`in view of
`Ebrahim-777
`discloses this limitation. In particular, the combination
`of the content delivery network (“CDN”) described in
`Ebrahim-777,
`implemented on behalf of multiple
`content providers as suggested by Ebrahim-777 and
`shown
`to be
`typical and conventional by
`the
`Rabinovich-Memo, discloses the preamble.
`
`Ebrahim-777 disclosed a global hosting service and
`content delivery platform for distributing multimedia
`(e.g., QuickTime movies), web, and database services.
`Ebrahim-777 describes a content delivery network
`(“CDN”)
`involving Requesters
`(end
`users),
`Destinations (content servers), and Name Resolvers
`(name servers).
` These components are shown
`highlighted in the figures excerpted below in blue,
`yellow, and green, respectively.
`
`1
`
`Petitioner Limelight - LN1010
`
`
`
`lntraneta'InterneU\Neb
`JEQ
`
`
`Ex. 1004 at FIG. 4
`
`Ex. 1004 at FIG. 4
`
`FIG. 4
`
`
`
`In1ranetIInterner..'Web
`E
`
`
`
`FIG. 5
`
`
`
`2
`
`
`
`Ex. 1004 at FIG. 5
`
`Ex. 1004 at FIG. 5
`
`
`Ex. 1004 at FIG. 6
`
`Ex. 1004 at FIG. 6
`
`
`
`3
`
`
`
`Ex. 1004 at FIG. 3
`
`
`
`“An example of name resolution occurs, for instance,
`when a user wishes to view video, e.g. a movie, on his or
`her computer. An application running on the computer is
`used to make a procedure call to the name resolver to
`determine which server can serve a movie, e.g.
`service__handle=name__service__lookup("movie")
`where the string "movie" is passed to a server, which
`then returns the name of the service providing that movie
`(or it may return a linked list of services providing movie
`services, from which the user may be prompted to select
`one).”
`
`Ex. 1004 at 3:37-47 (emphasis added)
`
`“An extension of this system is in the resolution of
`services provided at the receiver network of a request.
`For instance, a given organization may have many
`
`4
`
`
`
`database servers, …. The selection of a given server to
`receive a request can depend upon, for example, load at
`each of the servers.”
`
`Ex. 1004 at 6:30-44
`
`“A method according to the invention is illustrated in
`FIG. 3, and FIGS. 4-5 shows a suitable systems
`implementable on the Internet or WorldWide Web, the
`Internet or an Intranet, incorporating features of the
`name resolution system of the invention.”
`
`Ex. 1004 at 3:13-17
`
`“An example of such a multiple binding would be the
`binding
`of multiple,
`geographically
`disparate
`destinations to a single domain name. If, for instance, a
`user in Germany wishes to access www.sun.com (the
`WWW server for Sun Microsystems, Inc.), he or she can
`simply use the Uniform Resource Locator (URL)
`"http://www.sun.com"). Thus, the user sends the request
`from requester (see FIG. 6), and the name resolver
`determines that the requester is in Germany. (See step 20
`in FIG. 3).”
`
`Ex. 1004 at 5:1-9
`
`“In general, as noted above, the invention may be
`implemented at the sender's system or at the destination
`system, or indeed at points in between (e.g. at proxy
`servers). Note
`that single points of
`failure and
`bottlenecks are removed using the present system, and a
`truly distributed, multiply binding name resolution
`system is achieved.”
`
`Ex. 1004 at 7:62-67
`
`The CDN described in Ebrahim-777 facilitates content
`
`5
`
`
`
`delivery on a global scale, which would be used on
`behalf of multiple organizations (i.e., customers) at the
`same time.
`
`
`Ex. 1004 at FIG. 4
`
`
`
`6
`
`
`
`
`Ex. 1004 at FIG. 5
`
`
`
`“An extension of this system is in the resolution of
`services provided at the receiver network of a request.
`For instance, a given organization may have many
`database servers, and request for access to given
`information may in conventional systems be routed to
`the same server, because of the single binding nature of
`destination resolution. With multiple address resolution
`binding, multiple database servers (or other destination
`hosts) such as 210, 270, 280, etc. (see FIG. 5) may be
`made available under a single name, in which case a
`local service resolution server, such as server 300 in FIG.
`5, is provided.”
`
`Ex. 1004 at 6:30-44 (emphasis added)
`
`A POSITA also would have known that it was typical
`and conventional for a service provider to implement a
`CDN on behalf of multiple customers, as shown by the
`
`7
`
`
`
`Rabinovich-Memo.
`
`“This daunting task is especially difficult and important
`for a growing number of companies that offer a hosting
`service, i.e., the service of maintaining and providing
`access to objects belonging to third-party information
`providers.”
`
`Ex. 1005 at 2 (emphasis added)
`
`“It can be arranged that this DNS server will map all host
`names into the same set of IP addresses of distributors.”
`
`Ex. 1005 at 34
`
`Ebrahim-777 discloses a hosting and delivery service
`that comprises globally distributed content servers, or
`“Destinations.” These Destinations are connected to at
`least one network, including the Internet.
`
`“Destination hosts 210-230 may also be conventional
`computers or workstations with processors (such as 240),
`memory (such as 250), mass storage (not shown),
`network connections, etc., as needed to implement
`conventional network functions in addition to the
`features of the present invention.”
`
`Ex. 1004 at 4:55-60
`
`“This resolved destination is then selected for the request
`packet(s) (box 40 of FIG. 3), and the request is
`forwarded to sun.com (Europe) (box 50 of FIG. 3).”
`
`Ex. 1004 at 5:14-17 (emphasis added)
`
`[1a]
`
`operating content
`delivery network (CDN)
`content servers in
`multiple locations, each
`location with connectivity
`to one or more networks;
`
`8
`
`
`
`Ex. 1004 at FIG. 3
`
`Ex. 1004 at FIG. 3
`
`
`
`9
`
`
`
`lntraneta'InterneU\Neb
`JEQ
`
`
`Ex. 1004 at FIG. 4
`
`Ex. 1004 at FIG. 4
`
`FIG. 4
`
`
`
`In1ranetIInterner..'Web
`E
`
`
`
`10
`
`FIG. 5
`
`
`
`10
`
`
`
`Ex. 1004 at FIG. 5
`
`Ex. 1004 at FIG. 6
`
`
`
`
`
`“An example of such a multiple binding would be the
`binding of multiple, geographically disparate
`destinations to a single domain name.”
`
`Ex. 1004 at 5:1-3 (emphasis added)
`
`“[T]he send might frequently send requests to a
`particular server, service, geographical region, or
`organization.” (emphasis added)
`
`Ex. 1004 at 5:54-56 (emphasis added)
`
`“For instance, a given organization may have many
`database servers”
`
`Ex. 1004 at 6:31-32
`
`[1b]
`
`Ebrahim-777 describes operating multiple Name
`
`11
`
`
`
`
`operating multiple CDN
`name servers;
`
`Resolvers (CDN name servers). Ebrahim-777 discloses
`three different types of Name Resolvers, and explains
`that there may be multiple of each type.
`
`
`Ex. 1004 at FIG. 4
`
`
`
`12
`
`
`
`Requester 1
`M
`Processor
`E
`Memory
`£9
`
`Requester 2
`fl
`
`Requester M
`@
`
` lntranetllnternetlweb
`
`E
`
`‘
`
`FIG. 5
`
`
`
`
`Ex. 1004 at FIG. 5
`
`Ex. 1004 at FIG. 5
`
`GEOG1\
`
`
`
`
`
`
`
`Ex. 1004 at FIG. 6
`
`Ex. 1004 at FIG. 6
`
`13
`
`13
`
`
`
`“For instance, a domain name service (DNS) call
`resolves a name to a single IP address or host name on
`the Internet.”
`
`Ex. 1004 at 1:10-12; see also id. at 1:21-22
`
`“Many instances of the name resolver may be running on
`different physical computers, and many instances of the
`services may be running, and the requester will access
`the name resolver closest to him.”
`
`Ex. 1004 at 2:39-42
`
`“The DNS spoofing service 6 polls the hosts 1-3
`periodically or at demand, and binds one of them at a
`time to the DNS lookup name resolver for the name
`"sun.com".”
`
`Ex. 1004 at 2:58-61
`
`Different types of Name Resolvers within Ebrahim-777
`resolve DNS queries from Requesters. A top-level type
`of Name Resolver (180 and 200) within Ebrahim-777
`bases its decision on factors including geography, while
`a bottom-level type of Name Resolver (300) within
`Ebrahim-777 bases its decision on factors including the
`location of local content servers.
`
`“Referring to the flow chart of FIG. 3, when a requester
`(such as 100-120) sends a name resolution request to a
`name resolver 180, instead of the single binding of
`conventional systems, the name resolver 180 includes
`multiple binding tables and/or functions (implemented
`by appropriate logic or program modules) to resolve the
`request to an appropriate IP address for a destination host
`(such as 210-230 in FIG. 4).”
`
`Ex. 1004 at 4:61-67
`
`14
`
`
`
`“The server 150 is connected to a broader network 190,
`such as the Internet, an Intranet or WAN (wide-area
`network), or the WorldWide Web, via a network
`connection (e.g. a T-line) 260. On this network 190 is
`optionally another name resolver 200, which may be
`implemented in the same fashion or differently from the
`name resolver 180. Name resolvers 180 and 200 may
`both be used, or either may be used by itself. (See
`discussion of FIG. 7, below.)”
`
`Ex. 1004 at 4:47-54 (emphasis added)
`
`“An example of such a multiple binding would be the
`binding
`of multiple,
`geographically
`disparate
`destinations to a single domain name. If, for instance, a
`user in Germany wishes to access www.sun.com (the
`WWW server for Sun Microsystems, Inc.), he or she can
`simply use the Uniform Resource Locator (URL)
`"http://www.sun.com"). Thus, the user sends the request
`from requester (see FIG. 6), and the name resolver
`determines that the requester is in Germany. (See step 20
`in FIG. 3). The selected destination may either be in the
`United States or elsewhere in Europe, since Sun
`Microsystems in this example has two "sun.com"
`locations. Since
`there
`is a valid European
`local
`destination, the name resolver resolves the destination
`address to sun.com (Europe), as indicated at box 30 of
`FIG. 3. This resolved destination is then selected for the
`request packet(s) (box 40 of FIG. 3), and the request is
`forwarded to sun.com (Europe) (box 50 of FIG. 3).”
`
`Ex. 1004 at 5:1-17; see also FIGs. 3 & 6
`
`“A. Resolution Based Upon Requester Information
`
`Examples of manners in which the resolution dependent
`upon requester information may be carried out include:
`
`1. resolution based upon the domain name of the sender;
`
`15
`
`
`
`from
`
`the
`
`request
`
`2. resolution based upon the inferred (looked-up) actual
`geographic region of the sender;
`3.
`resolution based upon other geography-related
`information of the sender:
`4. either directly ascertainable
`(city/country info, e.g.); and/or
`5. indirectly ascertainable (area code, address, etc.);
`6. resolution based upon quality of service desired by the
`requester; and
`7. resolution based upon requester's time of day or time
`zone.
`
`B. Resolution Based Upon Destination Information
`Examples of manners in which the resolution dependent
`upon a specified or intended destination or receiver
`information may be carried out include:
`
`1. resolution based upon the load at the receiver;
`2. resolution based upon the inferred (looked-up) actual
`geographic region of the receiver;
`3.
`resolution based upon other geography-related
`information of the receiver:
`4. either directly ascertainable
`(city/country info, e.g.); and/or
`5. indirectly ascertainable (area code, address, etc.).”
`
`Ex. 1004 at 5:23-50
`
`from
`
`the
`
`request
`
`information
`
`(or
`
`“C. Resolution Based Upon Request Contents
`
`1. type of service requested;
`
`2. specific
`requested;
`
`3. any other implicit information inferred from the
`request; and/or
`
`4. any other explicit information obtained from the
`
`information)
`
`type of
`
`16
`
`
`
`request.
`
`D. Resolution Dependent Upon Other Factors
`
`1. randomly generated selection of destination based
`upon qualified list; and/or
`
`2. other independently developed information.”
`
`Ex. 1004 at 6:6-17
`
`“An extension of this system is in the resolution of
`services provided at the receiver network of a request.
`For instance, a given organization may have many
`database servers, and request for access to given
`information may in conventional systems be routed to
`the same server, because of the single binding nature of
`destination resolution. With multiple address resolution
`binding, multiple database servers (or other destination
`hosts) such as 210, 270, 280, etc. (see FIG. 5) may be
`made available under a single name, in which case a
`local service resolution server, such as server 300 in FIG.
`5, is provided. The server 300 includes tables, program
`modules or the like as desired to resolve a request to any
`one of several to many IP addresses. The selection of a
`given server to receive a request can depend upon, for
`example, load at each of the servers.”
`
`Ex. 1004 at 6:30-44 (emphasis added); see also FIG. 6
`& 5:1-17 (describing geography-based resolution)
`
`[1c]
`
`receiving a first domain
`name service (DNS)
`query at a first CDN
`name server, the first
`DNS query including a
`data string of the form
`
`Ebrahim-777 describes receiving a DNS query at its
`Name Resolvers (CDN name servers), where the DNS
`query includes a data string such as “www.sun.com”.
`This data string represents one of the form “string1
`string2 string 3”, where “www” represents “string1”,
`“sun” represents “string2”, and “com” represents
`“string3”. Ebrahim-777 in view of Rabinovich-427 and
`the Rabinovich-Memo discloses that this data string
`
`17
`
`
`
`“string1 string2 string3”,
`where:
`
`can be used to access web content under a variety of
`names also of the form “string1 string2 string3”, which
`POSITA would understand
`could provide an
`organizational scheme for delivering objects from the
`CDN on behalf of multiple content providers.
`
`
`
`
`Ex. 1004 at FIG. 6; see also id. at 2:7-54 & FIG. 3
`
`“An example of such a multiple binding would be the
`binding
`of multiple,
`geographically
`disparate
`destinations to a single domain name. If, for instance, a
`user in Germany wishes to access www.sun.com (the
`WWW server for Sun Microsystems, Inc.), he or she can
`simply use the Uniform Resource Locator (URL)
`"http://www.sun.com"). Thus, the user sends the request
`from requester (see FIG. 6), and the name resolver
`determines that the requester is in Germany. (See step 20
`in FIG. 3). The selected destination may either be in the
`United States or elsewhere in Europe, since Sun
`Microsystems in this example has two "sun.com"
`
`18
`
`
`
`local
`is a valid European
`there
`locations. Since
`destination, the name resolver resolves the destination
`address to sun.com (Europe), as indicated at box 30 of
`FIG. 3. This resolved destination is then selected for the
`request packet(s) (box 40 of FIG. 3), and the request is
`forwarded to sun.com (Europe) (box 50 of FIG. 3).”
`
`Ex. 1004 at 5:1-17
`
`Rabinovich-427 expressly discloses that this data string
`can have a variety of forms,
`including “name-
`server.abcd.com”.
`
`Because Rabinovich-427 discloses that a DNS server
`maps a symbolic name of a web object (which includes
`“symb-foo”) to a physical server via a DNS query (see
`Claims 11 and 13), POSITA would understand that
`Rabinovich-427 discloses, teaches, or suggests data
`strings that include “symb-foo”, e.g., in a variety of
`ways including “symb-foo.sun.abcd.com”, or “symb-
`foo.abcd.com”.
`
`In particular, because DNS operates on domain names,
`rather than URLs, the resolution of symbolic name to
`physical name using
`the Rabinovich-427 DNS
`embodiment happens based on the domain name, e.g.,
`symb-foo is included in the domain name, not the URL
`path extension.
`
`“The physical name of an object is the name by which
`the object can be accessed by the clients (in the Web
`context, this would be the object's URL). The symbolic
`name uniquely identifies the object. However, it resolves
`into the name service identity rather than the identity of
`the server hosting the object.
`The symbolic name is advertised to the users; it is the
`name known to the clients. When a client wants to access
`the object, it uses its symbolic name.”
`
`
`19
`
`
`
`Ex. 1006 at 5:64-6:6
`
`“In the current example, when an object foo.html is
`created, it is placed on one of the hosting servers, for
`instance, server.abcd.com. Thus,
`its physical URL
`becomes http://server.abcd.com/foo.html. Then
`the
`object is registered with the system name service, which
`assigns
`a
`symbolic URL
`(e.g.,
`http://name-
`server.abcd.com/symb-foo) to the object.
`
`It is the symbolic URL of the object that is advertised to
`the users. Since the client uses the symbolic URL, its
`requests for the object arrive at name server name-
`server.abcd.com rather than the hosting server. (Recall
`that multiple name servers may use the same DNS name
`name-server.abed.com.) This
`request
`triggers
`the
`execution of the system script that maps symb-foo to a
`physical URL http://server.abcd.com/foo.html. The
`physical URL is then sent to the client via the redirect
`message, which is part of the standard HTTP protocol
`that existing Web browsers understand. The client then
`uses that physical URL to obtain the object in the usual
`manner.
`
`As the hosting server becomes overloaded, the replicator
`service described above will cause the creation of a
`replica of the object (replica-foo-1) on another available
`hosting server, say, server2.abcd.com. This replica's
`physical URL is http://server2.abcd.com/replica-foo-1.
`Subsequent requests for the object are redirected to one
`of the two replicas in a round-robin or other prescribed
`manner.”
`
`Ex. 1006 at 13:20-45
`
`“11. A naming service system for mapping at least one
`physical name to each symbolic name used by a client in
`a request to obtain access to an object in one or more
`information servers in a system of information servers,
`
`20
`
`
`
`[1c-i]
`
`string3 is a generic top
`level domain (gTLD),
`
`said naming service system comprising
`a plurality of redirectors for redirecting a client request
`to one of a set of information servers storing said
`requested object, a plurality of distributors for storing
`information for mapping said symbolic name into the
`name of a redirector associated with a partition of the
`symbolic name space, said partitioning of said symbolic
`names being lexicographical, and …
`
`13. The naming service system of claim 11 wherein said
`distributors comprise Domain Name Service (DNS)
`servers.”
`
`Ex. 1006 at Claim 11, 13
`
`Ebrahim-777, and the other exemplary DNS queries
`described above, use the generic top level domain
`“com”. A POSITA would know that typical generic top
`level domains include “com”, “org”, “gov”, and “net”,
`which are some of the generic top-level domain names
`from the set of generic top-level domain names that is
`maintained by
`the
`Internet Assigned Numbers
`Authority. (Ex. 1003 [Freedman] at ¶ 36).
`
`“An example of such a multiple binding would be the
`binding
`of multiple,
`geographically
`disparate
`destinations to a single domain name. If, for instance, a
`user in Germany wishes to access www.sun.com (the
`WWW server for Sun Microsystems, Inc.), he or she can
`simply use the Uniform Resource Locator (URL)
`"http://www.sun.com"). Thus, the user sends the request
`from requester (see FIG. 6), and the name resolver
`determines that the requester is in Germany. (See step 20
`in FIG. 3). The selected destination may either be in the
`United States or elsewhere in Europe, since Sun
`Microsystems in this example has two "sun.com"
`locations. Since
`there
`is a valid European
`local
`destination, the name resolver resolves the destination
`address to sun.com (Europe), as indicated at box 30 of
`
`21
`
`
`
`[1c-ii]
`
`string2 is separated from
`string3 by a period and is
`a name maintained by a
`service provider that
`operates the CDN content
`servers and the CDN
`name servers, and
`
`FIG. 3. This resolved destination is then selected for the
`request packet(s) (box 40 of FIG. 3), and the request is
`forwarded to sun.com (Europe) (box 50 of FIG. 3).”
`
`Ex. 1004 at 5:1-17
`
`Ebrahim-777 in view of Rabinovich-427 and the
`Rabinovich-Memo discloses that string2 includes “sun”
`or “abcd”, which (as part of “sun.com” or “abcd.com”)
`is a name maintained by a service provider that
`operates the CDN content servers and CDN name
`servers.
`
`The Rabinovich-Memo discloses that a CDN service
`provider (or hosting service provider) offers content
`delivery on behalf of third-party content providers.
`
`“This daunting task is especially difficult and important
`for a growing number of companies that offer a hosting
`service, i.e., the service of maintaining and providing
`access to objects belonging to third-party information
`providers.”
`
`Ex. 1005 at 2 (emphasis added)
`
`Rabinovich-427 discloses a CDN providing content
`delivery through the use of domain names from which
`web content can be requested in a variety of fashions.
`These organizational schemes, particularly when
`combined with Ebrohim-777 and the Rabinovich-
`Memo,
`include
`domain
`names
`such
`as
`“www.sun.com”, “sun.abcd.com”, “cnn.abcd.com”,
`“symb-foo.abcd.com”, and “symb-foo.sun.abcd.com”.
`
`Ebrahim-777 in view of Rabinovich-427 and the
`Rabinovich-Memo thus discloses that string2 includes
`“sun” or “abcd”, which (as part of “sun.com” or
`“abcd.com”) is a name maintained by a service
`provider that operates the CDN content servers and
`
`22
`
`
`
`CDN name servers.
`
`See 1c
`
`“The physical name of an object is the name by which
`the object can be accessed by the clients (in the Web
`context, this would be the object's URL). The symbolic
`name uniquely identifies the object. However, it resolves
`into the name service identity rather than the identity of
`the server hosting the object.
`
`The symbolic name is advertised to the users; it is the
`name known to the clients. When a client wants to access
`the object, it uses its symbolic name.”
`
`Ex. 1006 at 5:64-6:6
`
`“In the current example, when an object foo.html is
`created, it is placed on one of the hosting servers, for
`instance, server.abcd.com. Thus,
`its physical URL
`becomes http://server.abcd.com/foo.html. Then
`the
`object is registered with the system name service, which
`assigns
`a
`symbolic URL
`(e.g.,
`http://name-
`server.abcd.com/symb-foo) to the object.”
`
`
`
`Ex. 1006 at 13:20-26
`
`“11. A naming service system for mapping at least one
`physical name to each symbolic name used by a client in
`a request to obtain access to an object in one or more
`information servers in a system of information servers,
`said naming service system comprising
`a plurality of redirectors for redirecting a client request
`to one of a set of information servers storing said
`requested object,
`a plurality of distributors for storing information for
`mapping said symbolic name into the name of a
`redirector associated with a partition of the symbolic
`
`23
`
`
`
`name space, said partitioning of said symbolic names
`being lexicographical, and …
`
`13. The naming service system of claim 11 wherein said
`distributors comprise Domain Name Service (DNS)
`servers.”
`
`Ex. 1006 at Claim 11, 13
`
`
`Ebrahim-777, and the other exemplary DNS queries
`described above, described a “string1” comprised of
`letters, e.g., “www”, “sun”, or “abcd”. In the queries
`described above, “string1” is also separated by a period
`from “string2”, e.g. “www.sun”, “sun.abcd”, etc.
`
`[1c-iii]
`
`string1 is separated from
`string2 by a period and
`comprises one or more
`sub-strings, where each
`sub-string is comprised of
`one of: letters, numbers,
`and combinations of
`letters and numbers, and
`any pair of sub-strings in
`string 1 are separated by a
`period;
`
`[1d]
`
`having the first CDN
`name server respond to
`the first DNS query by
`sending a response that
`includes a first set of one
`
`Ebrahim-777 discloses a DNS name server (e.g., Name
`Resolver 300) that responds to a DNS query from an
`end user (e.g., Requester 100) by responding with an IP
`address of a content server (e.g., Destination 210), from
`which the end user is subsequently delivered the
`requested content (e.g., the webpage at the URL
`http://www.sun.com/).
`
`24
`
`
`
`or more IP addresses,
`where a first end user
`request for content
`directed to one of the IP
`addresses of the first set
`causes the service
`provider to deliver the
`content to a first end user
`from a first CDN content
`server;
`
`
`Ex. 1004 at FIG. 5; see also id. at FIG. 3
`
`
`
`“The "name resolver", which is implemented as a server
`program, stores a lookup table comprising bindings of a
`"name" to several different instances of an object, along
`with "policy" information which defines the criteria for
`selecting an instance of the object. For instance, the
`name may be an internet URL of the form
`"www.sun.com", and the resolved to object may be an IP
`address of the type 192.146.85.82. Thus the "name
`resolver" will store the tuple: <www.sun.com><IP--
` address-- 1><IP-- address-- 2>. . . , and will store policies
`on which IP address to bind to www.sun.com when a
`lookup request specifying "www.sun.com" is received by
`it.”
`
`Ex. 1004 at 2:12-22 (emphasis added); see also id. at
`2:7-54.
`
`25
`
`
`
`“An extension of this system is in the resolution of
`services provided at the receiver network of a request.
`For instance, a given organization may have many
`database servers, and request for access to given
`information may in conventional systems be routed to
`the same server, because of the single binding nature of
`destination resolution. With multiple address resolution
`binding, multiple database servers (or other destination
`hosts) such as 210, 270, 280, etc. (see FIG. 5) may be
`made available under a single name, in which case a
`local service resolution server, such as server 300 in FIG.
`5, is provided. The server 300 includes tables, program
`modules or the like as desired to resolve a request to any
`one of several to many IP addresses. The selection of a
`given server to receive a request can depend upon, for
`example, load at each of the servers.”
`
`Ex. 1004 at 6:30-44
`
`“7. A system for resolving names comprising:
`a name resolving unit coupled to a requester for a service
`and a provider of said service, wherein said name
`resolving unit is configured to select a destination
`address corresponding to said destination name of said
`service from a plurality of destination addresses in
`response to a request for said service, …
`
`12. The system for resolving names as recited in claim 7,
`wherein said destination address corresponding to said
`destination name of said service is an IP address.”
`
`Ex. 1004 at Claims 7 and 12 (emphasis added)
`
`“transmitting said destination address to said requester”
`
`Ex. 1004 at Claim 14
`
`“transmit said destination address corresponding to said
`destination name of said service to said requester”
`
`26
`
`
`
`
`Ex. 1004 at Claim 18
`
`“A method according to the invention is illustrated in
`FIG. 3, and FIGS. 4-5 shows a suitable systems
`implementable on the Internet or WorldWide Web”
`
`Ex. 1004 at 3:13-15
`
`[1e]
`
`receiving a second DNS
`query at a second CDN
`name server, the second
`DNS query also including
`the same data string that
`is received by the first
`CDN name server; and
`
`Ebrahim-777 disclosed receiving DNS queries at Name
`Resolvers, and that many Name Resolvers would exist
`in the Ebrahim-777 CDN.
` Any of these Name
`Resolvers could receive the DNS queries described
`above, e.g. the DNS query for “www.sun.com”. One
`example of this is depicted in FIG. 6, which shows that
`“www.sun.com” may be received by two different Name
`Resolvers (Resolver1 and Resolver2).
`
`
`“Many instances of the name resolver may be running on
`different physical computers, … and the requester will
`access the name resolver closest to him.”
`
`Ex. 1004 at 2:39-41
`
`27
`
`
`
`
`Ex. 1004 at FIG. 6; see also id. at 2:7-54, 5:1-17, &
`FIG. 3
`
`Ebrahim-777 disclosed limitation 1f with respect to a
`second CDN name server (e.g., Resolver 2) and a
`second DNS query for the same reasons that it
`disclosed limitation 1d with respect to a first CDN name
`server (e.g., Resolver 1) and a first DNS query. See 1d.
`
`Further, Ebrahim-777 discloses that the system has
`many destination content servers, which delivery
`content to end users after receiving user requests,
`wherein a user sends a content server a request after
`receiving its IP address in response to a DNS query to a
`name server.
`
`Ex. 1004 at FIG. 6; see also id. at 2:7-54, 5:1-17, FIG.
`3, and Claims 1, 7, 12, 14, 18.
`
`[1f]
`
`having the second CDN
`name server respond to
`the second DNS query by
`sending a response that
`includes a second set of
`one or more IP addresses,
`wherein a second end
`user request for content
`directed to one of the IP
`addresses of the second
`set causes the service
`provider to deliver the
`content to a second end
`user from a second CDN
`content server;
`
`28
`
`
`
`Ebrahim-777 disclosed resolving DNS queries to
`different IP addresses based on the requesting user’s
`location.
`
`[1g]
`
`the second set of one or
`more IP addresses
`differing from the first set
`of one or more IP
`addresses based on where
`the first and second DNS
`queries originate.
`
`
`Ex. 1004 at FIG. 6
`
`
`
`“Examples of manners in which the resolution dependent
`upon requester information may be carried out include:
`…
`2. resolution based upon the inferred (looked-up) actual
`geographic region of the sender;
`3. resolution based upon other geography-related
`information of the sender:”
`
`Ex. 1004 at 5:24-30; see also id. at 2:7-54 & 5:1-6:29
`(providing examples of resolution based on location)
`
`“name resolver is configured to select a destination
`address corresponding to said destination name of said
`service from a plurality of destination addresses
`depending upon at least two of either a geographical
`
`29
`
`
`
`[Claim 2]
`
`The method as described
`in claim 1 wherein the
`CDN name servers are
`deployed at the multiple
`locations, and wherein
`the first and second DNS
`queries are received from
`respective first and
`second local DNS name
`servers.
`
`location of said first requester, a load of use of said first
`provider,”
`
`Ex. 1004 at Claim 1, see also Claims 7, 12, 14, 18.
`
`Ebrahim-777 discloses multiple name servers that are
`deployed at multiple locations.
`
`Further, an end user typically has an upstream DNS
`resolver (also called a local DNS name server) that
`recursively sends its DNS queries. Thus, a POSITA
`would know that a DNS name server will receive a
`DNS query from a user’s local DNS name server.
`Hence, Ebrahim-777 discloses, teaches, or suggests this
`limitation.
`
`“[E]nabling multiple destination servers providing the
`same service to be referenced by the same "name"
`handle by the caller (for example "sun.com"), and the
`name to be resolved by the name resolver to different
`physical computers servers, depending upon caller
`context. Many instances of the name resolver may be
`running on different physical computers, and many
`instances of the services may be running, and the
`requester will access the name resolver closest to him.”
`
`Ex. 1004 at 2:35-42 (emphasis added)
`
`“A name resolver 180 forms part of the server 150, or
`may be a separate unit. It may be implemented entirely
`in software, i.e. as program modules stored in mass
`storage and/or the memory 170, or it may be a stand-
`alone device, with its own logic or processor and
`memory, as desired.”
`
`Ex. 1004 at 4:42-46
`
`“ With multiple address resolution binding, multiple
`database servers (or other destination hosts) such as 210,
`
`30
`
`
`
`270, 280, etc. (see FIG. 5) may be made available under
`a single name, in which case a local service resolution
`server, such as server 300 in FIG. 5, is provided. The
`server 300 includes tables, program modules or the like
`as desired to resolve a request to any one of several to
`many IP addresses.”
`
`Ex. 1004 at 6:35-42
`
`
`
`Ex. 1004 at FIG. 5
`
`The Patent Owner admitted that end-user queries are
`directed by local DNS servers.
`
`“[T]he vast majority of users are directed by their local
`DNS straight to a nearby low level ghosting.akamai.com
`DNS server.”
`
`Ex. 1001 at 10:29-31
`
`“The user's local DNS server contacts the close-by low
`
`31
`
`
`
`level DNS server 40 and requests a translation for the
`name ghost1467.ghosting.akamai.com.”
`
`Ex. 1001 at 10:52-54
`
`“Thus, most users go directly from their local DNS
`server to the close-by ghost that has the data they want.”
`
`Ex. 1001 at 12:3-5
`
`As discussed in my declaration (Ex. 1003 at ¶¶ 40-50),
`an end-user machine commonly uses a (caching)
`upstream DNS
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