`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________
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`FACEBOOK, INC. AND WHATSAPP, INC.,
`
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
`Patent Owner
`
`______________
`
`Case IPR2017-01257
`U.S. Patent 8,199,747
`______________
`
`DECLARATION OF DR. VAL DIEULIIS
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`
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`SEPTEMBER 7, 2017
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`Uniloc v. Facebook, IPR2017-01257
`Uniloc's Ex. 2001, Page 1
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`TABLE OF CONTENTS
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`1. INTRODUCTION ......................................................................................... 4
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`2. QUALIFICATIONS ...................................................................................... 5
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`3. COMPENSATION, TESTIMONY, AND PUBLICATIONS ..................... 8
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`4. INFORMATION CONSIDERED ...............................................................10
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`5. LEGAL STANDARDS .................................................................................11
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`6. THE ’747 PATENT ......................................................................................12
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`6.1 Claims.................................................................................................... 21
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`7. ORDINARY SKILL IN THE ART .............................................................22
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`8. CLAIM CONSTRUCTION .........................................................................23
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`8.1 “node” ................................................................................................... 24
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`9. INTERNATIONAL APPLICATION WO 01/11824
`(“ZYDNEY”) ................................................................................................27
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`10. ZYDNEY DOES NOT RENDER OBVIOUS ANY
`CHALLENGED CLAIM OF THE ’747 PATENT .....................................35
`
`10.1 Zydney Fails to Disclose “generating an instant voice
`message, wherein generating includes recording the
`instant voice message in an audio file and attaching one
`or more files to the audio file” (Claim 1) ............................................... 36
`10.1.1 Zydney does not disclose or suggest “attaching
`one or more files to the audio file” .............................................. 36
`10.1.2 Zydney leads away from “attaching one or more
`files to the audio file” ................................................................. 38
`10.2 Zydney Fails to Disclose “controlling a method of
`generating the instant voice message based upon a
`connectivity status each recipient” (Claim 3) ......................................... 39
`
`11. U.S. PATENT NO. 6,750,881 (“APPELMAN”) ..........................................40
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`12. ZYDNEY COMBINED WITH APPELMAN DOES NOT
`RENDER OBVIOUS CLAIMS 2 OR 12 OF THE ’747 PATENT ............43
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`12.1 The Proposed Combination of Zydney and Appelman
`Fails to Render Obvious “receiving a list of nodes within
`the packet-switched network, the list of nodes including a
`connectivity status of each node” (Claim 2) ........................................... 45
`12.2 The Proposed Combination of Zydney and Appelman
`Fails to Render Obvious “wherein a node within the list
`is adapted to be selected as a recipient of an instant voice
`message … wherein the instant voice message is
`temporarily stored when at least one recipient is
`unavailable” (Claim 2) ........................................................................... 51
`12.3 The Proposed Combination of Zydney and Appelman is
`Improper Because the Combination of Zydney and
`Appelman Would Render Zydney Unsatisfactory for an
`Intended Purpose of Zydney .................................................................. 53
`12.4 The Proposed Combination of Zydney and Appelman
`Fails to Render Obvious “playing the instant voice
`message” (Claim 12) .............................................................................. 56
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`I, Dr. Val DiEuliis, hereby declare and state as follows:
`
`1.
`
`1.
`
`Introduction
`
`My name is Val DiEuliis, and I have been retained by
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`Uniloc, USA, Inc., and Uniloc Luxembourg S.A. (“Uniloc” or the “Patent
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`Owner”). My client Uniloc and its associated counsel, Etheridge Law
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`Group, have asked me to study U.S. Patent No. 8,199,747 (“the ’747
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`patent”), the Petition, and the proffered prior art in this case, and other
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`relevant documents. I document my findings in this declaration.
`
`2.
`
`I have concluded that International Application
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`WO 01/11824 (“Zydney”) [EX1003], either alone or combined with U.S.
`
`Patent No. 6,750,881 (“Appelman”) [EX1004], does not render obvious
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`any challenged claim of the patent at issue, the’747 patent, at least for the
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`following reasons:
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`a) Zydney fails to disclose or render obvious “generating an
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`instant voice message, wherein generating includes
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`recording the instant voice message in an audio file and
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`attaching one or more files to the audio file” (Claim 1with
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`emphasis added)
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`b) Zydney fails to disclose or render obvious “controlling a
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`method of generating the instant voice message based upon
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`a connectivity status[of] each recipient” (Claim 3 with
`
`emphasis added)
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`c) The proposed combination of Zydney and Appelman fails to
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`render obvious “receiving a list of nodes within the
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`packet-switched network, the list of nodes including a
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`connectivity status of each node” (Claim 2 with emphasis
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`added)
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`d) The proposed combination of Zydney and Appelman fails to
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`render obvious “wherein a node within the list is adapted to
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`be selected as a recipient of an instant voice message …
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`wherein the instant voice message is temporarily stored
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`when at least one recipient is unavailable” (Claim 2 with
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`emphasis added)
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`e) The Petition’s asserted combination of Zydney and
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`Appelman would render Zydney unsatisfactory for an
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`intended purpose of Zydney
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`3.
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`The limited scope of my opinions and analysis in this
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`declaration do not imply that I may not later express other opinions or
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`report other results from other investigations concerning other issues
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`raised by the Petitioners or their experts in this IPR.
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`2.
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`4.
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`Qualifications
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`I am an electrical engineer with over 45 years of experience
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`developing, programming, and analyzing computer algorithms and
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`software. I am experienced with and able to create, read, and interpret
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`firmware and software in C, C++, Java, assembly language, HTML, and
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`other computer programming languages. I have served as an expert
`
`witness in multiple cases for which I analyzed computer source code in
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`various languages and testified at ITC hearings and two jury trials
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`concerning my results.
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`5.
`
`During my career, I have developed and managed projects
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`for various applications, including sensors, controls, communications,
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`user interfaces, device firmware, handheld devices, medical devices and
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`systems, and test systems for optical and magnetic disk systems.
`
`6.
`
`I have designed, developed, and implemented hardware and
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`software for digital communication networks, including factory
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`networks; document capture and distribution; and communications links
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`for various applications. See DiEuliis CV (See e.g., Website
`
`Development, Industrial Valve Position Sensor, Condition-Based
`
`Maintenance System, Avionics Environmental Monitor, Radio Frequency
`
`Billboard Network, Wireless Bar Code System for Hospitals, and ISA
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`Board for 4-Port RS422 Serial Communications Multiplexer.). See also
`
`Id. at 3 (Digital Document Storage Technology). I also developed an
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`optical disk digital data storage system that captured, recorded, played
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`back, and stored digital audio data. Id. at 2 (Optical Disk Technology).
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`7.
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`As a graduate student at the University of Illinois at
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`Urbana-Champaign, I obtained extensive training in the complexity of
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`algorithms; the complexity of databases; information theory;
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`combinatorics and combinatorial algorithms; and the mathematics and
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`algorithms of error correcting codes, a field closely related to
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`cryptography. In addition, as a part of my graduate research, I created and
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`developed heuristic algorithms and wrote software to synthesize
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`non-linear codes for optimizing the spectra of coded digital
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`communications signals.
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`8.
`
`I received the Ph.D. and M.S. degrees in electrical
`
`engineering from the University of Illinois at Urbana-Champaign in 1978
`
`and 1976, respectively, and the B.S. degree in electrical engineering from
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`the University of Notre Dame in 1972. I am a Registered Professional
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`Engineer (electrical) in the State of Minnesota, and a Life Senior Member
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`of the Institute of Electrical and Electronics Engineers (IEEE).
`
`Additionally, I am a co-inventor of two patents.
`
`9.
`
`I have been an independent engineering consultant, doing
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`business as Electronics Consultants, since 1984. My clients have
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`included 3M, Honeywell, Imation Corporation, and Seagate Technology,
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`among others. Prior to that, I worked as a research engineer for the 3M
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`Company in St. Paul, Minnesota for five years. In addition, before my
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`graduate studies, I worked as an electrical engineer in the U. S. Army
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`with the U.S. Army Security Agency for two years, during which time I
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`held a Top Secret W/Crypto and SI Access security clearance.
`
`10.
`
`As an adjunct instructor at the University of Saint Thomas in
`
`St. Paul, Minnesota, I developed and presented a lecture on classical
`
`linear control theory for graduate students; developed and taught a
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`graduate course on computer networks; and taught an undergraduate
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`analog and digital electronics course to mechanical engineering students.
`
`11.
`
`This and other information about my background is included
`
`in my CV, which is attached to this declaration as Attachment A.
`
`3.
`
`12.
`
`Compensation, Testimony, and Publications
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`I am being paid $440 per hour for the time I spend working
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`on this matter. My compensation is not contingent on my performance,
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`the outcome of this IPR, or any issues involved in or related to this IPR.
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`13.
`
`During the past four years, I have testified at trial, hearing,
`
`or deposition in the following cases:
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`• Terremark North America, LLC, et al. v. Joao Control &
`
`Monitoring Systems, LLC.; US PTO Inter Partes Review
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`IPR2015-01466; Joao Control & Monitoring on behalf of Joao
`
`Control & Monitoring; 2016. I testified at a deposition.
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`• Kofax, Inc. v. Uniloc USA, Inc., et al.; US PTO Inter Partes
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`Review IPR2015-01207; Uniloc USA on behalf of Uniloc USA;
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`2016. I testified at a deposition.
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`• Sega of America, Inc. et al. v. Uniloc USA, Inc. et al.; USPTO
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`Inter Partes Review IPR2014-01453; Uniloc USA on behalf of
`
`Uniloc USA; 2015. I testified at a deposition.
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`• Uniloc USA, Inc. et al. v. Activision Blizzard, Inc. et al.; United
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`States District Court for the Eastern District of Texas (Tyler); Civil
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`Action No. 6:13-cv-00256-LED; and Uniloc USA, Inc. v.
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`Electronic Arts, Inc.; Civil Action No. 6:13-cv-259-LED; Nelson
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`Bumgardner Casto and Carter, Scholer, Arnett, Hamada, and
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`Mockler on behalf of Uniloc USA et al.; 2013-2014. I testified at
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`three depositions and a jury trial.
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`• In the Matter of Certain Optical Disc Drives, Components thereof,
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`and Products Containing Same; U.S.I.T.C. Investigation No.
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`337-TA-897; Optical Devices, LLC v. Lenovo et al.; O’Melveny &
`
`Myers on behalf of Samsung, Kenyon & Kenyon on behalf of
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`Lenovo, Greenberg Traurig on behalf of LG Electronics,
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`McDermott Will & Emery on behalf of Nintendo and Panasonic,
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`DLA Piper on behalf of Toshiba, and Quinn Emanuel Urquhart &
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`Sullivan on behalf of MediaTek; 2013-2014. I testified at a
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`deposition.
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`• Taser International, Inc. v. Karbon Arms, LLC; United States
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`District Court for the District of Delaware; Civil Action No.
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`1:11-cv-426-RGA; Smith, Gambrell & Russell, LLP, on behalf of
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`Karbon Arms, 2013. I testified at a deposition.
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`
`14.
`
`4.
`
`15.
`
`I have had no publications in the past 10 years.
`
`Information Considered
`
`In order to arrive at my opinions, I have reviewed and
`
`considered the materials listed below:
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`• Petition for Inter Partes Review of U.S. Patent No. 8,199,747, and
`
`exhibits, Case No. IPR2017-01257, April 7, 2017 [Pet.]
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`• U.S. Patent No. 8,199,747 (“’747”) [EX1001], and its prosecution
`
`history
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`• Declaration of Tal Lavian, Ph.D., April 7, 2017 [EX1002]
`
`• International Application WO 01/11824 A2 (“Zydney”) [EX1003]
`
`• U.S. Patent No. 6,750,881 (“Appelman”) [EX1004]
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`• The American Heritage Dictionary of the English Language, Third
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`Edition, Houghton Mifflin Company, 1992 [EX2002]
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`
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`5.
`
`16.
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`Legal Standards
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`I understand there are certain legal rules, standards, or
`
`requirements that I accept for the purpose of my analysis of the opinions
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`and conclusions set forth in this declaration.
`
`17.
`
`I understand a patent is obvious “if the differences between
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`the subject matter sought to be patented and the prior art are such that the
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`subject matter as a whole would have been obvious at the time the
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`invention was made to a person having ordinary skill in the art to which
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`said subject matter pertains.” 35 U.S.C. § 103(a). An obviousness
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`determination must be based on four factual inquiries: (1) the scope and
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`content of the prior art; (2) the differences between the claims and the
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`prior art; (3) the level of ordinary skill in the art; and (4) objective indicia
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`of nonobviousness.
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`18.
`
`I have been informed that if a single limitation of a claim is
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`absent from the prior art, the claim cannot be considered obvious.
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`19.
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`I further understand that it is improper to combine references
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`where the references teach away from their combination. A prior art
`
`reference teaches away from the claimed invention when a person of
`
`ordinary skill, upon reading the reference would be led in a direction
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`divergent from the path that was taken by the applicant. Prior art also
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`teaches away when it criticize[s], discredit[s], or otherwise discourage[s]
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`investigation into the claimed invention. Additionally, a reference teaches
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`away from a combination when using it in that combination would
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`produce an inoperative result. A reference also teaches away from a
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`combination when using it in that combination would render the
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`invention described in the reference unsatisfactory for its intended
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`purpose.
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`20.
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`In addition, I understand that if a proposed modification or
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`combination of the prior art would change the principle of operation of
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`the prior art device being modified, then the teachings of the references
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`are not sufficient to render the claims prima facie obvious.
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`6.
`
`21.
`
`The ’747 Patent
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`U.S. Patent No. 6,510,747 (“’747”), titled System and
`
`method for instant VoIP messaging, was issued on June 12, 2012. The
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`application 12/398,076, by inventor Michael J. Rojas, was filed on
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`March 4, 2009. See EX1001.
`
`22.
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`The ’747 patent “relates to Internet telephony (IP
`
`telephony). More particularly, the present invention is directed to a
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`system and method for enabling local and global instant VoIP
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`messaging over an IP network, such as the Internet, with PSTN
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`support.” Id. at 1:14- 18.
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`23.
`
`The Abstract of the ’747 patent provides an overview of the
`
`invention as follows:
`
`There is provided an instant voice messaging
`system (and method) for delivering instant
`messages over a packet-switched network, the
`system comprising: a client connected to the
`network, the client selecting one or more
`recipients, generating an instant voice message
`therefor, and transmitting the selected recipients
`and the instant voice message therefor over the
`network; and a server connected to the network,
`the server receiving the selected recipients and the
`instant voice message therefor, and delivering the
`instant voice message to the selected recipients
`over the network, the selected recipients being
`enabled to audibly play the instant voice message.
`(EX1001 at Abstract) (Emphasis added.)
`
`
`24.
`
`The Abstract, reproduced in its entirety above, describes a
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`client-server network system in which a client (viz., a device connected
`
`to the network) that wishes to send a voice message to another recipient
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`on the network selects one or more recipients to receive the message and
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`generates an instant voice message. The client, using an instant
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`messaging service, transmits this instant voice message to a server on the
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`network, which receives the list of selected recipients and sends the
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`instant voice message to them. Upon receiving the voice message from
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`the server, the recipients are able to listen to it.
`
`25.
`
`The ’747 patent provides the historical context in its prior art
`
`discussion by noting that “[traditional] telephony is based on a public
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`switched telephone network (i.e., “PSTN”). EX1001 at 1:20-30. This is
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`the well-known telephone system that has served the world for well over
`
`a century.
`
`26.
`
`The ’747 patent further explains “An alternative to the
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`PSTN is Voice over Internet Protocol (i.e., "VoIP"), also known as IP
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`telephony or Internet telephony. Id. at 1:31-33. The patent elaborates as
`
`follows:
`
`In the IP telephony, a VoIP terminal device is
`connected to a packet-switched network (e.g.,
`Internet) and voice communication from the
`VoIP terminal device is digitized, packetized
`and transmitted over the packet-switched
`network to a destination VoIP terminal device,
`which reconstructs the packets and audibly
`plays, stores or otherwise processes the
`transmission. The VoIP terminal device may be a
`VoIP telephone or a general-purpose personal
`computer (PC) enabled for IP telephony. More
`specifically, the PC is programmed with the
`software and equipped with audio input/output
`
`
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`devices (e.g., a combination of microphone and
`speaker or a headset) to serve as a VoIP terminal
`device. The PC so enabled and equipped will
`herein be referred to as a VoIP terminal device or a
`VoIP softphone.
`(Id. at 1:33-46) (Emphasis added.)
`
`
`27.
`
`After noting that VoIP and instant text messaging were
`
`known arts, the ’747 patent explains the motivation for its invention as
`
`follows:
`
`However, notwithstanding the foregoing advances
`in the VoIP/PSTN voice communication and
`voice/text messaging, there is still a need in the
`art for providing a system and method for
`providing instant VoIP messaging over an IP
`network. More particularly, there is a need in the
`art for providing local and global instant voice
`messaging over VoIP with PSTN support.
`(Id. at 2:43-49) (Emphasis added.)
`
`
`28.
`
`FIG. 2, reproduced below is “an exemplary illustration of a
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`local instant voice messaging (IVM) system 200 according to the
`
`present invention. The instant voice messaging system 200 comprises a
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`local IVM server 202 that “provides the core functionality for enabling
`
`instant voice messaging with PSTN support according to the present
`
`invention.” Id. at 6:46-51 (emphasis added).
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`FIG. 2 of the ’747 Patent: System Diagram of the Instant Voice
`Messaging System (IVM)
`
`
`
`29.
`
`The local IVM server 202 “is enabled to provide instant
`
`voice messaging to one or more IVM clients 206 and 208, as well support
`
`instant voice messaging for PSTN legacy telephones 110.” Id. at 6:54-57.
`
`The local IP network 204, a packet-switched network, connects the IVM
`
`server 202 to clients 208 (viz., a computer system), VoIP Phone 206, and
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`legacy telephone 110 (e.g., a land-line phone). Clients incorporate
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`devices such as microphones, which enable a person’s voice to be
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`recorded, and speakers to allow voice messages to be heard by the users.
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`Id. at 6:67-7:18.
`
`30.
`
` A POSITA would have understood, upon studying the
`
`totality of the ’747 patent, and specifically the written descriptions above
`
`and elsewhere in the ’747 patent, that “clients” in the ’747 patent are
`
`devices, such as computers and telephones, and not the people who use
`
`the devices. See e.g., Id. at 9:23-24. The patent expresses this in the
`
`following exemplary passages:
`
`The IVM client 208 is a general-purpose
`programmable computer equipped with a
`network interface (not shown), such as an Ethernet
`card, to provide connectivity to the network 204.
`(Id. at 12:5-8)
`
`The user operates the IVM client 208 by using
`the input device 218 to indicate a selection of one
`or more IVM recipients from the list.
`(Id. at 7:64-67; also 8:52-54) (Emphasis added.)
`
`The one or more recipients are enabled to display
`an indication that the instant voice message has
`been received and audibly play the instant voice
`message to an associated user.
`(Id. at 8:25-28) (Emphasis added.)
`
`
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`31.
`
`The above exemplary passages demonstrate that the user is
`
`not the client, which is a device, but rather an entity (e.g., person, another
`
`device, software) that interfaces with and operates the client device using
`
`input and output devices.
`
`32.
`
`The first passage above explicitly discloses that the client is
`
`a computer. The second passage explicitly discloses that the “user”
`
`operates the client.
`
`33.
`
`Finally, the third passage explains that “recipients are
`
`enabled to ... “audibly play the instant voice message to an associated
`
`user.” Id. This exemplary statement explains that a “recipient” is not the
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`“user.” A POSITA would have understood, after studying the totality of
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`the ’747 patent, that “recipients” are client devices, not people.
`
`34.
`
`Regarding the operation of at least one embodiment, the
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`’747 patent explains “the IVM client (VoIP telephone) 208 is connected
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`over the network 204 to the IVM server 202, which as aforementioned
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`enables instant voice messaging functionality over the network 204.”
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`Id. at 8:45-48. The operations proceed generally, according to an
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`exemplary embodiment, as follows:
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`• The client displays a list, provided and stored by the server, of one
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`or more IVM recipients. Id. at 8:48-50.
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`• “The user operates the IVM client 208 by using the input device
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`218 to indicate a selection of one or more IVM recipients from the
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`list.” Id. at 8:52-54.
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`• The client transmits the selection of the recipient(s) to the server.
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`Id. at 8:54-55.
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`• The client begins recording audio and the user speaks into a
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`microphone or headset or telephone handset of the client.
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`Id. at 8:55-60.
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`• The client records the user’s speech into an audio file, which may
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`be stored in a storage device (e.g., memory, magnetic disk).
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`Id. at 8:60-63; see also Id. at 8:4-7.
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`• The client transmits the recorded audio file (i.e., instant voice
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`message) to the server via the network. Id. at 9:6-8; see also
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`Id. at 8:17-18.
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`• The server transmits the instant voice message (that is, the audio
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`file) to the recipient(s) who are currently connected to the network.
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`Id. at 9:8-17. If a recipient is not currently connected to the
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`network, the server temporarily saves the instant voice message
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`and delivers it to the IVM client when the IVM client connects to
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`the local IVM server. Id.
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`
`35.
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`The ’747 patent also teaches “when an instant voice message
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`is to be transmitted to the one or more IVM recipients, one or more
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`documents may be attached to the instant voice message to be stored
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`
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`or displayed by the one or more selected IVM recipients.”
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`Id. at 12:24-28. Furthermore, regarding attachments, the patent teaches:
`
`The user may also open any file attachments and
`move or save the files to a separate location on the
`client using a drag-and-drop process.
`(Id. at 13:1-4) (Emphasis added.)
`
`The attachment of one or more files is enabled
`conventionally via a methodology such as "drag-
`and-drop" and the like, which invokes the
`document handler 306 to make the appropriate
`linkages to the one or more files and flags the
`messaging system 320 that the instant voice
`message also has the attached one or more files.
`(Id. at 13:28-33)
`
`
`36.
`
`In my opinion, a POSITA would have understood that the
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`inventor refers to files, such as documents, spreadsheets, pictures, and so
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`forth, as entities separate from the audio file itself, and that the term
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`attachment should be interpreted as other files or information that are
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`sent with a message. For example, a text message may contain a picture
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`attachment, which is a separate file that is distinct from the actual text in
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`the message.
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`
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`6.1
`
`37.
`
`Claims
`
`In this declaration, I primarily focus on one limitation in
`
`challenged independent claims 1 and 3, and two limitations of challenged
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`independent claim 2. I list the limitations below.
`
`38.
`
`First, claim 1, an independent method claim recites the step
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`of “generating an instant voice message, wherein generating includes
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`recording the instant voice message in an audio file and attaching one or
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`more files to the audio file.” Id. at 23:57-59.
`
`39.
`
`Second, claim 2, an independent method claim recites
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`“receiving a list of nodes within the packet-switched network, the list of
`
`nodes including a connectivity status of each node, said connectivity
`
`status being available and unavailable, wherein a node within the list is
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`adapted to be selected as a recipient of an instant voice message.”
`
`Id. at 24:3-7. Claim 2 also recites “wherein a node within the list is
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`adapted to be selected as a recipient of an instant voice message …
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`wherein the instant voice message is temporarily stored when at least one
`
`recipient is unavailable.” Id. at 24:6-16.
`
`40.
`
`Third, claim 3, an independent method, recites “controlling a
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`method of generating the instant voice message based upon a
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`connectivity status each recipient.” Id. at 24:20-21.
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`41.
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`The two challenged dependent claims, 12 and 13, depend on
`
`independent claims 2 and 1, respectively. Hence, every challenged claim
`
`recites one of these limitations. In addition, I address the further
`
`limitation “playing the instant voice message” in dependent claim 12.
`
`7.
`
`42.
`
`Ordinary Skill in the Art
`
`The Petitioners’ expert, Dr. Lavian, defines a person of
`
`ordinary skill in the art as a person who “would have possessed at least a
`
`bachelor’s degree in computer science, computer engineering, or
`
`electrical engineering with at least two years of experience in
`
`development and programming relating to network communication
`
`systems (or equivalent degree or experience).” EX1002 at ¶ 15; also
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`Pet. at 4-5.
`
`43.
`
`I have no reason to disagree with Dr. Lavian’s description of
`
`a person of ordinary skill in the art. Moreover, based on my degrees in
`
`electrical engineering, which included extensive training in software
`
`development, data communications and networking, and 45-plus years of
`
`experience, including significant software development, I had, on the
`
`priority date, considerably more experience and expertise than the
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`POSITA. I base my opinions regarding the level of ordinary skill in the
`
`
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`art upon this understanding and my own experience in the field. I have
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`considered the way in which a POSITA would have understood the ’747
`
`patent on its priority date,
`
`1
`
` and I offer my opinions on that basis.
`
`8.
`
`44.
`
`Claim Construction
`
`The Petitioners construe the term “node,” and state their
`
`construction “provides the broadest reasonable interpretation in light of
`
`the specification to a person of ordinary skill in the art.” Pet. at 8.
`
`45.
`
`In addition, Dr. Lavian, the Petitioners’ expert, states he
`
`understands a claim subject to inter partes review receives the “broadest
`
`reasonable construction in light of the specification of the patent in which
`
`it appears.” EX1002 at ¶ 19.
`
`46.
`
`My interpretation of the claims, including my analysis of the
`
`term “node” below, is based on the broadest reasonable interpretation
`
`standard, fully taking into account the specification. I understand that the
`
`broadest reasonable interpretation is the claim language itself, and that
`
`
`
`1
`
` The apparent priority date of December 18, 2003, is published on the
`
`face of the ’747 patent. EX1001 at (63). I am not aware of any dispute in
`
`this IPR concerning the priority date.
`
`
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`the claim language itself is the first and most important element of
`
`intrinsic evidence informing a POSITA of the meaning of the claims.
`
`47.
`
`The limited scope of my opinions and analysis concerning
`
`claim construction in this declaration does not imply that I may not later
`
`express other opinions, express more analysis, construe other terms, or
`
`report other results from other investigations concerning other issues
`
`raised by the Petitioners or their experts in this IPR.
`
`8.1
`
`48.
`
` “node”
`
`The term “node” when used in the context of computer
`
`communications networks is a term of art well known to a POSITA on
`
`the priority date. Network engineers refer to a node as a point of contact
`
`(that is, a computer, computer system, or other device) on a computer
`
`network that is connected to and capable of communications on the
`
`network.
`
`2
`
` In fact, the American Heritage Dictionary of the English
`
`Language (Third Edition, 1992) defines “node” in the computer network
`
`
`
`2
`
` The connection may be a direct physical connection, such as a
`
`broadband coaxial connection, for example, or it may be a physical
`
`wireless connection such as provided by an antenna and electromagnetic
`
`waves, for example.
`
`
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`context as “[a] terminal in a computer network,” which is consistent with
`
`my opinion concerning “node” as a known term of art. EX2002 at 1227.
`
`49