`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`Huawei Device Co., Ltd., LG Electronics, Inc., and ZTE (USA) Inc.
`
`Petitioner,
`
`v.
`
`
`
`
`
`Papst Licensing GmbH & Co. KG
`Patent Owner.
`
`
`
`Case No. To Be Assigned
`Patent No. 6,895,449
`
`
`
`DECLARATION OF KEVIN ALMEROTH IN SUPPORT OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,895,449: CLAIMS
`1-10, 12, 13, 15-18
`
`
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`HUAWEI EX. 1103 - 1/88
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`
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`Background and Qualifications .................................................................. - 4 -
`
`Legal Standards and Background ............................................................. - 13 -
`
`A.
`
`B.
`
`Person of Ordinary Skill in the Art ................................................ - 14 -
`
`Claim Construction......................................................................... - 14 -
`
`C. Validity ........................................................................................... - 14 -
`
`D. Written Description ........................................................................ - 18 -
`
`III. Priority Date of the Claims of the ’449 Patent ......................................... - 21 -
`
`IV. Overview of the ’449 Patent ..................................................................... - 24 -
`
`V.
`
`Level of Ordinary Skill ............................................................................. - 26 -
`
`VI. Claim Construction ................................................................................... - 27 -
`
`VII. Analysis OF Claims 1-10, 12, 13, 15-18 .................................................. - 29 -
`
`A.
`
`Claims 1-3, 6-10, 12, 13, and 15-18 over Murata, Ard and MS-
`DOS Encyclopedia ......................................................................... - 29 -
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`for Combining Murata, Ard and MS-DOS
`Rationale
`Encyclopedia ........................................................................ - 29 -
`
`Claim 1 [preamble] - “An interface device for communication
`between a host device, which comprises drivers for input/output
`devices customary in a host device and a multi-purpose
`interface, and a data transmit/receive device comprising the
`following features:”.............................................................. - 32 -
`
`Claim 1 [1a] - “a processor;” ............................................... - 39 -
`
`Claim 1 [1b] - “a memory;” ................................................. - 39 -
`
`Claim 1 [1c] - “a first connecting device for interfacing the host
`device with the interface device via the multi-purpose interface
`of the host device; and” ........................................................ - 40 -
`
`- i -
`
`HUAWEI EX. 1103 - 2/88
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`
`
`6.
`
`7.
`
`8.
`
`9.
`
`Claim 1 [1d] - “a second connecting device for interfacing the
`interface device with the data transmit/receive device,” ..... - 40 -
`
`Claim 1 [1e] - “wherein the interface device is configured by
`the processor and the memory in such a way that the interface
`device, when receiving an inquiry from the host device as to the
`type of a device attached to the multi-purpose interface of the
`host device, sends a signal, regardless of the type of the data
`transmit/receive device attached to the second connecting
`device of the interface device, to the host device which signals
`to the host device that it is a storage device customary in a host
`device, whereupon the host device communicates with the
`interface device by means of the driver for the storage device
`customary in a host device, and” ......................................... - 40 -
`
`Claim 1 [1f] - “wherein the interface device is arranged for
`simulating a virtual file system to the host, the virtual file
`system including a directory structure.” .............................. - 46 -
`
`Claim 2 - “An interface device in accordance with claim 1, in
`which the directory structure has a configuration file for setting
`and controlling functions of the interface device or an
`executable or a batch file for conducting a routine stored in the
`memory or a data file used for transferring data from the data
`transmit/receive device to the host device or a help file for
`giving help on handling the interface device.” .................... - 48 -
`
`10. Claim 3 - “An interface device in accordance with claim 2
`wherein the configuration file is a text file.” ....................... - 49 -
`
`11. Claim 6 - “An interface device in accordance with claim 1
`wherein, in response to a request from the host to read a boot
`sequence, the processor is arranged to send a virtual boot
`sequence to the host.” .......................................................... - 49 -
`
`12. Claim 7 - “An interface device in accordance with claim 6
`wherein the virtual boot sequence includes a starting position
`and a length of a file allocation table, an indication of a type of
`the storage device or a number of sectors of the storage device.”
` .............................................................................................. - 51 -
`
`- ii -
`
`HUAWEI EX. 1103 - 3/88
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`
`
`13. Claim 8 - “An interface device in accordance with claim 7
`wherein, in response to a request from the host to display a
`directory of the storage device, a processor is arranged for
`transferring the file allocation table and the directory structure
`to the host.” .......................................................................... - 52 -
`
`14. Claim 9 - “An interface device in accordance with claim 1
`wherein the file allocation table and the directory structure is
`transferred to the host in response to a request from the host to
`read data from or store data to the storage device.” ............ - 54 -
`
`15. Claim 10 -“An interface device in accordance with claim 1
`wherein the directory structure includes a data file for
`transferring data from the data transmit/receive device to the
`host device wherein the processor is arranged to interpret a
`request from the host to read the data file as a request for a data
`transfer from the data transmit/receive device to the host, so
`that data is transmitted from the second connecting device to
`the first connecting device and to the host.” ........................ - 57 -
`
`16. Claim 12 - “An interface device in accordance with claim 1
`wherein the file allocation table includes information on
`numbers of blocks occupied by the data file wherein the
`interface device is arranged for receiving block numbers or a
`block number range from the host when the host wants to read
`the data file, and wherein the interface device is arranged to
`start a data transfer to the host, when the block numbers or the
`block number range is received from the host.” .................. - 59 -
`
`17. Claim 13 - “An interface device in accordance with claim 12
`wherein the processor is arranged for formatting the data
`acquired by the second connecting device into blocks having a
`predetermined size, the predetermined size being suited for the
`storage device.” .................................................................... - 61 -
`
`18. Claim 15 - “An interface device in accordance with claim 1
`wherein the storage device is a hard disk.” .......................... - 62 -
`
`19. Claim 16 - “An interface device in accordance with claim 1
`wherein
`the memory has a data buffer for permitting
`independence in terms of time of the data transmit/receive
`
`- iii -
`
`HUAWEI EX. 1103 - 4/88
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`
`
`device attachable to the second connecting device from the host
`device attachable to the first connecting device.” ............... - 62 -
`
`20. Claim 17 [preamble] - “An interface device for communication
`between a host device, which comprises a multi-purpose
`interface and a specific driver for this interface, and a data
`transmit/receive device comprising the following features:”- 64
`-
`
`21. Claim 17 [17a] - “a processor;” ........................................... - 65 -
`
`22. Claim 17 [17b] - “a memory;” ............................................. - 65 -
`
`23. Claim 17 [17c] - “a first connecting device for interfacing the
`host device with the interface device via the multi-purpose
`interface of the host device; and”......................................... - 66 -
`
`24. Claim 17 [17d] - “a second connecting device for interfacing
`the interface device with the data transmit/receive device,” - 66 -
`
`25. Claim 17 [17e] - “where the interface device is configured
`using the processor and the memory in such a way that the
`interface device, when receiving an inquiry from the host
`device as to the type of a device attached at the multi-purpose
`interface of the host device, sends a signal, regardless of the
`type of the data transmit/receive device attached to the second
`connecting device of the interface device, to the host device
`which signals to the host device that it is a storage device
`customary in a host device, whereupon the host device
`communicates with the interface device by means of the
`specific driver for the multi-purpose interface, and” ........... - 66 -
`
`26. Claim 17 [17f] - “wherein the interface device is arranged for
`simulating a virtual file system to the host, the virtual file
`system including a file allocation table and a directory
`structure.” ............................................................................. - 68 -
`
`27. Claim 18 [preamble] - “A method of communication between a
`host device, which comprises drivers for input/output devices
`customary in a host device and a multi-purpose interface, and a
`data transmit/receive device via an interface device comprising
`the following steps:” ............................................................ - 68 -
`- iv -
`
`HUAWEI EX. 1103 - 5/88
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`
`
`28. Claim 18 [18a] - “interfacing of the host device with a first
`connecting device of the interface device via the multi-purpose
`interface of the host device;” ............................................... - 69 -
`
`29. Claim 18 [18b] - “interfacing of the data transmit/receive
`device with a second connecting device of the interface
`device;” ................................................................................ - 69 -
`
`30. Claim 18 [18c] - “inquiring by the host device at the interface
`device as to the type of device to which the multi-purpose
`interface of the host device is attached;” ............................. - 70 -
`
`31. Claim 18 [18d] - “regardless of the type of the data
`transmit/receive device attached to the second connecting
`device of the interface device, responding to the inquiry from
`the host device by the interface device in such a way that it is a
`storage device customary in a host device,” ........................ - 71 -
`
`32. Claim 18 [18e] whereupon the host device communicates with
`the interface device by means of the usual driver for the storage
`device, and ........................................................................... - 72 -
`
`33. Claim 18 [18f] - “wherein the interface device is arranged for
`simulating a virtual file system to the host, the virtual file
`system including a file allocation table and a directory
`structure.” ............................................................................. - 73 -
`
`B.
`
`Claims 4 and 5 over Murata, Ard, MS-DOS Encyclopedia and
`Beretta............................................................................................. - 74 -
`
`1.
`
`2.
`
`3.
`
`Rationale for Combining Murata, Ard, MS-DOS Encyclopedia
`and Beretta ........................................................................... - 74 -
`
`Claim 4 - “An interface device in accordance with claim 2
`wherein the executable file includes a Fast Fourier Transform
`routine for transforming data acquired by the second connecting
`device into the frequency domain and for examining frequency
`domain data.” ....................................................................... - 76 -
`
`Claim 5 - “An interface device in accordance with claim 2
`wherein the executable file includes a data compression routine
`
`- v -
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`HUAWEI EX. 1103 - 6/88
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`
`
`the data
`transmitted from
`to be
`for compressing data
`transmit/receive device to the host device.” ........................ - 79 -
`
`
`
`- vi -
`
`HUAWEI EX. 1103 - 7/88
`
`
`
`I, Kevin C. Almeroth, hereby declare and state as follows:
`
`1.
`
`I have been retained as a technical consultant on behalf of Huawei
`
`Technologies Co. Ltd. and Huawei Technologies USA, Inc. I understand that the
`
`Petitioner (collectively) in the present proceeding is Huawei Device Co., Ltd., LG
`
`Electronics, Inc., and ZTE (USA) Inc. I understand that the petition also names
`
`Huawei Device USA Inc., Huawei Device Co., Ltd., Huawei Device (Dongguan)
`
`Co., Ltd., Huawei Technologies Co., Ltd., Huawei Technologies USA, Inc., LG
`
`Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics Mobilecomm U.S.A.,
`
`Inc., ZTE (USA) Inc., and ZTE Corporation as the real parties-in-interest. I have
`
`no financial interest in, or affiliation with, the Petitioner, real parties-in-interest, or
`
`the patent owner, which I understand to be Papst Licensing GmbH & Co. KG. My
`
`compensation is not dependent upon the outcome of, or my testimony in, the
`
`present inter partes review or any litigation proceedings.
`
`2.
`
`I have drafted, reviewed or provided from my own files each of the
`
`documents in the following table (which I am informed are also identified in the
`
`Petition):
`
`
`Exhibit
`
`Description
`
`Ex. 1101
`
`U.S. Patent No. 6,895,449 (the “’449 Patent”)
`
`Ex. 1102
`
`File History for U.S. Patent No. 6,895,449
`
`- 1 -
`
`HUAWEI EX. 1103 - 8/88
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`
`
`Exhibit
`
`Description
`
`Ex. 1104
`
`Curriculum vitae of Kevin C. Almeroth
`
`Ex. 1105
`
`U.S. Patent No. 5,508,821 to Murata
`
`Ex. 1106
`
`U.S. Patent No. 5,915,106 to Ard
`
`Ex. 1107
`
`U.S. Patent No. 5,850,484 to Beretta et al.
`
`Ex. 1108
`
`European Patent Office Publication Number 0 685 799 A1
`
`Ex. 1109
`
`Ex. 1110
`
`Ex. 1111
`
`Ex. 1112
`
`Ex. 1113
`
`Ex. 1114
`
`Ex. 1115
`
`Ex. 1116
`
`Ex. 1117
`
`Ex. 1118
`
`IBM Corp., Communication Method between Devices Through
`FDD Interface 38 IBM Technical Disclosure Bulletin 245
`Ray Duncan, The MS-DOS Encyclopedia (1988)
`
`In re Papst Licensing Dig. Camera Pat. Litig., 778 F.3d 1255,
`1265 (Fed. Cir. 2015)
`Joint Claim Constr. and Prehearing Statement and Appendices A-
`C to Joint Claim Constr. and Prehearing Statement, Papst
`Licensing GmbH & Co., KG v. Apple, Inc., et al., No. 6:15-cv-
`01095-RWS (E.D. Tex. Oct. 24, 2016)
`Papst’s Opening Claim Constr. Brief and Decl. of Robert
`Zeidman, In re Papst Licensing Dig. Camera Pat. Litig., MDL
`No. 1880, No. 1:07-mc-00493 (D.D.C. June 3, 2016)
`Am. Nat’l Standard Inst., Inc., Am. Nat’l Standard for Info. Sys’s,
`Small Computer System Interface-2, ANSI X3.131-1994 (1994)
`(“SCSI Specification”)
`US Patent No. 6,470,399
`
`Patent Cooperation Treaty Patent Application PCT/EP98/01187
`(published as PCT Pub. No. WO98/39710)
`As-Filed Filed German priority document patent application 197
`08 755.8
`File History for U.S. Patent No. 6,470,399
`
`Ex. 1119
`
`’399 German Application Publication (DE 197 08 755)
`
`- 2 -
`
`HUAWEI EX. 1103 - 9/88
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`
`
`Exhibit
`
`Description
`
`Ex. 1120
`
`Ex. 1121
`
`Ex. 1122
`
`Ex. 1123
`
`Ex. 1124
`Ex. 1125
`
`Ex. 1126
`
`Ex. 1127
`
`Ex. 1128
`
`Ex. 1129
`
`Ex. 1130
`
`Ex. 1131
`
`
`
`Certified Translation of Published ’399 German Application (DE
`197 08 755)
`English Translation of PCT Application PCT/EP98/01187
`(published as PCT Pub. No. WO98/39710)
`U.S. Patent No. 4,589,063
`
`U.S. Patent No. 5,038,320
`
`U.S. Patent No. 5,787,246
`Comparison of excerpts of File History for U.S. Patent
`Application No. 08/411,369 and U.S. Patent No. 5,850,484 to
`Beretta et al. (Ex. 1107)
`File History for U.S. Patent Application No. 08/411,369
`
`Vetterli & Nussbaumer, Simple FFT and DCT Algorithms, 6
`Signal Processing 267-78 (1984)
`Papst’s Brief, In re Papst Licensing Dig. Camera Pat. Litig., No.
`2014-1110 (Fed. Cir. February 20, 2014)
`Rufus P. Turner et al., The Illustrated Dictionary of Electronics
`(1991)
`Friedhelm Schmidt, The SCSI Bus and IDE Interface (1995)
`
`Dave Williams, The Programmer’s Technical Reference: MS-
`DOS, IBM PC & Compatibles (1990)
`
`3.
`
`I understand that the application leading to U.S. Patent No. 6,895,449
`
`(“the ʼ449 patent”) was Application No. 10/219,105, which was filed on August 15,
`
`2002. The ’105 application claims priority to U.S. Patent Application No.
`
`09/331,002, filed on June 14, 1999 (now U.S. Patent No. 6,470,399 (Ex. 1115)),
`
`which claims priority to Patent Cooperation Treaty (PCT) Application No.
`
`PCT/EP98/01187 filed on March 3, 1998 (Ex. 1116). Ex. 1102, at 8. The ’449
`
`- 3 -
`
`HUAWEI EX. 1103 - 10/88
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`
`
`patent purports to also claim priority to German Application No. 197 08 755.8 filed
`
`on March 4, 1997 (Ex. 1117), which is included in the file history of US. Patent
`
`6,470,399 (Ex. 1118, at 144-70). For purposes of my analysis, I assume the time
`
`of the purported invention to be no earlier than March 3, 1998. I understand that a
`
`certified translation of the published German priority application (Ex. 1119) is
`
`provided as Ex. 1120.
`
`I.
`
`BACKGROUND AND QUALIFICATIONS
`
`4.
`
`I hold three degrees from the Georgia Institute of Technology: (1) a
`
`Bachelor of Science degree in Information and Computer Science (with minors in
`
`Economics, Technical Communication, American Literature) earned in June, 1992;
`
`(2) a Master of Science degree in Computer Science (with specialization in
`
`Networking and Systems) earned in June, 1994; and (3) a Doctor of Philosophy
`
`(Ph.D.) degree in Computer Science (Dissertation Title: Networking and System
`
`Support for the Efficient, Scalable Delivery of Services in Interactive Multimedia
`
`System, minor in Telecommunications Public Policy) earned in June, 1997.
`
`During my education, I have taken a wide variety of courses as demonstrated by
`
`my minor. My undergraduate degree also included a number of courses are more
`
`typical of a degree in electrical engineering including digital logic, signal
`
`processing, and telecommunications theory.
`
`- 4 -
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`HUAWEI EX. 1103 - 11/88
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`5.
`
`One of the major themes of my research has been the delivery of
`
`multimedia content and data between computing devices and users. In my research
`
`I have looked at large-scale content delivery systems and the use of servers located
`
`in a variety of geographic locations to provide scalable delivery to hundreds, even
`
`thousands, of users simultaneously. I have also looked at smaller-scale content
`
`delivery systems in which content, including interactive communication like voice
`
`and video data, is exchanged between computers and portable computing devices.
`
`As a broad theme, my work has examined how to exchange content more
`
`efficiently across computer networks, including the devices that switch and route
`
`data traffic. More specific topics include the scalable delivery of content to many
`
`users, mobile computing, satellite networking, delivering content to mobile devices,
`
`and network support for data delivery in wireless network.
`
`6.
`
`Beginning in 1992, when I started graduate school, the first focus of
`
`my research was on the provision of interactive functions (VCR-style functions
`
`like pause, rewind, and fast-forward) for near video-on-demand systems in cable
`
`systems, in particular, how to aggregate requests for movies at a cable head-end
`
`and then how to satisfy a multitude of requests using one audio/video stream
`
`broadcast to multiple receivers simultaneously. Continued evolution of this
`
`research has resulted in the development of new techniques to scalably deliver on-
`
`demand content, including audio, video, web documents, and other types of data,
`
`- 5 -
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`HUAWEI EX. 1103 - 12/88
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`
`
`through the Internet and over other types of networks, including over cable systems,
`
`broadband telephone lines, and satellite links.
`
`7.
`
`An important component of my research from the very beginning has
`
`been investigating the challenges of communicating multimedia content between
`
`computers and across networks. Although the early Internet was designed mostly
`
`for text-based non-real time applications, the interest in sharing multimedia content
`
`quickly developed. Multimedia-based applications ranged from downloading
`
`content to a device to streaming multimedia content to be instantly used. One of
`
`the challenges was that multimedia content is typically larger than text-only
`
`content but there are also opportunities to use different delivery techniques since
`
`multimedia content is more resilient to errors. I have worked on a variety of
`
`research problems and used a number of systems that were developed to deliver
`
`multimedia content to users.
`
`8.
`
`In 1994, I began to research issues associated with the development
`
`and deployment of a one-to-many communication facility (called “multicast”) in
`
`the Internet (first deployed as the Multicast Backbone, a virtual overlay network
`
`supporting one-to-many communications). Some of my more recent research
`
`endeavors have looked at how to use the scalability offered by multicast to provide
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`streaming media support for complex applications like distance learning,
`
`distributed
`
`collaboration, distributed games,
`
`and
`
`large-scale wireless
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`- 6 -
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`HUAWEI EX. 1103 - 13/88
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`
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`communications. Multicast has also been used as the delivery mechanism in
`
`systems that perform local filtering (i.e., sending the same content to a large
`
`number of users and allowing them to filter locally content in which they are not
`
`interested).
`
`9.
`
`Starting in 1997, I worked on a project to integrate the streaming
`
`media capabilities of the Internet together with the interactivity of the web. I
`
`developed a project called the Interactive Multimedia Jukebox (IMJ). Users would
`
`visit a web page and select content to view. The content would then be scheduled
`
`on one of a number of channels, including delivery to students in Georgia Tech
`
`dorms delivered via the campus cable plant. The content of each channel was
`
`delivered using multicast communication.
`
`10.
`
`In the IMJ, the number of channels varied depending on the
`
`capabilities of the server including the available bandwidth of its connection to the
`
`Internet. If one of the channels was idle, the requesting user would be able to
`
`watch their selection immediately. If all channels were streaming previously
`
`selected content, the user’s selection would be queued on the channel with the
`
`shortest wait time. In the meantime, the user would see what content was currently
`
`playing on other channels, and because of the use of multicast, would be able to
`
`join one of the existing channels and watch the content at the point it was currently
`
`being transmitted.
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`HUAWEI EX. 1103 - 14/88
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`
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`11. The IMJ service combined the interactivity of the web with the
`
`streaming capabilities of the Internet to create a jukebox-like service. It supported
`
`true Video-on-Demand when capacity allowed, but scaled to any number of users
`
`based on queuing requested programs. As part of the project, we obtained
`
`permission from Turner Broadcasting to transmit cartoons and other short-subject
`
`content. We also attempted to connect the IMJ into the Georgia Tech campus
`
`cable television network so that students in their dorms could use the web to
`
`request content and then view that content on one of the campus’s public access
`
`channels.
`
`12. More recently, I have also studied issues concerning how users choose
`
`content, especially when considering the price of that content. My research has
`
`examined how dynamic content pricing can be used to control system load. By
`
`raising prices when systems start to become overloaded (i.e., when all available
`
`resources are fully utilized) and reducing prices when system capacity is readily
`
`available, users’ capacity to pay as well as their willingness can be used as factors
`
`in stabilizing the response time of a system. This capability is particularly useful
`
`in systems where content is downloaded or streamed to users on-demand.
`
`13. As a parallel research theme, starting in 1997, I began researching
`
`issues related to wireless devices. In particular, I was interested in showing how to
`
`provide greater communication capability to “lightweight devices,” i.e., small
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`- 8 -
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`HUAWEI EX. 1103 - 15/88
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`
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`form-factor, resource-constrained (e.g., CPU, memory, networking, and power)
`
`devices.
`
`14. Starting in 1998, I published several papers on my work to develop a
`
`flexible, lightweight, battery-aware network protocol stack. The lightweight
`
`protocols we envisioned were similar in nature to protocols like Universal Plug and
`
`Play (UPnP) and Digital Living Network Alliance (DLNA).
`
`15. From this initial work, I have made wireless networking—including
`
`ad hoc and mesh networks and wireless devices—one of the major themes of my
`
`research. One topic includes developing applications for mobile devices, for
`
`example, virally exchanging and tracking “coupons” through “opportunistic
`
`contact” (i.e., communication with other devices coming into communication
`
`range with a user). Other topics include building network communication among a
`
`set of mobile devices unaided by any other kind of network infrastructure. Yet
`
`another theme is monitoring wireless networks, in particular different variants of
`
`IEEE 802.11 compliant networks, to (1) understand the operation of the various
`
`protocols used in real-world deployments, (2) use these measurements to
`
`characterize use of the networks and identify protocol limitations and weaknesses,
`
`and (3) propose and evaluate solutions to these problems.
`
`16. Protecting networks, including their operation and content, has been
`
`an underlying theme of my research almost since the beginning. Starting in 2000, I
`
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`HUAWEI EX. 1103 - 16/88
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`
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`have also been involved in several projects that specifically address security,
`
`network protection, and firewalls. After significant background work, a team on
`
`which I was a member successfully submitted a $4.3M grant proposal to the Army
`
`Research Office (ARO) at the Department of Defense to propose and develop a
`
`high-speed intrusion detection system. Once the grant was awarded, we spent
`
`several years developing and meeting the milestones of the project. I have also
`
`used firewalls in developing techniques for the classroom to ensure that students
`
`are not distracted by online content.
`
`17. As an important component of my research program, I have been
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`involved in the development of academic research into available technology in the
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`market place. One aspect of this work is my involvement in the Internet
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`Engineering Task Force (IETF) including many content delivery-related working
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`groups like the Audio Video Transport (AVT) group, the MBone Deployment
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`(MBONED) group, Source Specific Multicast (SSM) group, the Inter-Domain
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`Multicast Routing (IDMR) group, the Reliable Multicast Transport (RMT) group,
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`the Protocol Independent Multicast (PIM) group, etc. I have also served as a
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`member of
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`the Multicast Directorate (MADDOGS), which oversaw
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`the
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`standardization of all things related to multicast in the IETF. Finally, I was the
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`Chair of the Internet2 Multicast Working Group for seven years.
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`HUAWEI EX. 1103 - 17/88
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`
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`18.
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`I am an author or co-author of nearly 200 technical papers, published
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`software systems, IETF Internet Drafts and IETF Request for Comments (RFCs).
`
`19. My involvement in the research community extends to leadership
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`positions for several journals and conferences. I am the co-chair of the Steering
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`Committee for the ACM Network and System Support for Digital Audio and
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`Video (NOSSDAV) workshop and on
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`the Steering Committees for
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`the
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`International Conference on Network Protocols (ICNP), ACM Sigcomm
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`Workshop on Challenged Networks (CHANTS), and IEEE Global Internet (GI)
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`Symposium. I have served or am serving on the editorial boards of IEEE/ACM
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`Transactions on Networking, IEEE Transactions on Mobile Computing, IEEE
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`Transactions on Networks and System Management, IEEE Network, ACM
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`Computers in Entertainment, AACE Journal of Interactive Learning Research
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`(JILR), and ACM Computer Communications Review.
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`20.
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`I have co-chaired a number of conferences and workshops including
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`the IEEE International Conference on Network Protocols (ICNP), ACM
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`International Conference on Next Generation Communication (CoNext), IEEE
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`Conference on Sensor, Mesh and Ad Hoc Communications and Networks
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`(SECON), International Conference on Communication Systems and Networks
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`(COMSNETS),
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`IFIP/IEEE
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`International Conference on Management of
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`Multimedia Networks and Services (MMNS), the International Workshop On
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`- 11 -
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`HUAWEI EX. 1103 - 18/88
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`
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`Wireless Network Measurement (WiNMee), ACM Sigcomm Workshop on
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`Challenged Networks (CHANTS), the Network Group Communication (NGC)
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`workshop, and the Global Internet Symposium; and I have been on the program
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`committee of numerous conferences.
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`21. Furthermore, in the courses I teach, the class spends significant time
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`covering all aspects of the Internet including each of the layers of the Open System
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`Interconnect (OSI) protocol stack commonly used in the Internet. These layers
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`include the physical and data link layers and their handling of signal modulation,
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`error control, and data transmission. I also teach DOCSIS, DSL, and other
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`standardized protocols for communicating across a variety of physical media
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`including cable systems, telephone lines, wireless, and high-speed Local Area
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`Networks (LANs). I teach the configuration and operation of switches, routers,
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`and gateways including routing and forwarding and the numerous respective
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`protocols as they are standardized and used throughout the Internet. Topics
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`include a wide variety of standardized Internet protocols at the Network Layer
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`(Layer 3), Transport Layer (Layer 4), and above.
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`22.
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`In addition, I co-founded a technology company called Santa Barbara
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`Labs that was working under a sub-contract from the U.S. Air Force to develop
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`very accurate emulation systems for the military’s next generation internetwork.
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`Santa Barbara Labs’ focus was in developing an emulation platform to test the
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`HUAWEI EX. 1103 - 19/88
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`
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`performance characteristics of the network architecture in the variety of
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`environments in which it was expected to operate, and in particular, for network
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`services including IPv6, multicast, Quality of Service (QoS), satellite-based
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`communication, and security. Applications for this emulation program included
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`communication of a variety of multimedia-based services. Within this testing
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`infrastructure, we used a wide range of switches and routers.
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`23.
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`In addition to having co-founded a technology company myself, I
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`have worked for, consulted with, and collaborated with companies such as IBM,
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`Hitachi Telecom, Digital Fountain, RealNetworks, Intel Research, Cisco Systems,
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`and Lockheed Martin.
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`24.
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`I am a Member of the Association of Computing Machinery (ACM)
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`and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
`
`25. Further details about my background, qualifications, and experience
`
`are included in my curriculum vitae (“CV”) submitted herewith as Ex. 1104.
`
`II. LEGAL STANDARDS AND BACKGROUND
`I have been informed of a number of legal standards that govern my
`26.
`
`analysis, including those discussed below. For example, a proper validity analysis
`
`includes resolving the level of ordinary skill in the pertinent art, determining the
`
`scope and content of the prior art, and ascertaining the differences between the
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`HUAWEI EX. 1103 - 20/88
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`
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`claimed invention and the prior art. I address all of these factors in my declaration
`
`below.
`
`A.
`27.
`
`Person of Ordinary Skill in the Art
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`I have been advised that the claims of a patent are reviewed from the
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`point of view of a hypothetical person of ordinary skill in the art (“POSA”) at the
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`time of the filing of the patent. The “art” is the field of technology to which a
`
`patent is related. I understand that the purpose of using the viewpoint of a POSA is
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`for objectivity.
`
`B. Claim Construction
`It is my understanding that terms should be given their broadest
`28.
`
`reasonable construction in an IPR. Under this standard, the terms should be given
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`their ordinary and customary meaning to a POSA, unless the patent teaches a
`
`different meaning within the specification.
`
`29.
`