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`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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`UBISOFT, INC. AND SQUARE ENIX, INC.,
`
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.
`Patent Owners
`
`______________
`
`Case IPR2017-1290
`U.S. Patent 6,510,466
`______________
`
`DECLARATION OF DR. VAL DIEULIIS
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`
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`JULY 27, 2017
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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 ................................................................ 9
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`5. LEGAL STANDARDS .................................................................................10
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`6. THE ’466 PATENT ......................................................................................11
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`6.1 Claims.................................................................................................... 21
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`7. ORDINARY SKILL IN THE ART .............................................................23
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`8. CLAIM CONSTRUCTION .........................................................................24
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`8.1 “installing a plurality of application programs at the
`server” ................................................................................................... 25
`8.2 Means-Plus-Function Terms (Claim 15) ................................................ 29
`8.2.1 “means for installing a plurality of application
`programs at the server” ............................................................... 31
`
`9. U.S. PATENT NO. 5,692,129 (“SONDEREGGER”) ..................................33
`
`10. NOVELL NETWARE DOCUMENTATION .............................................42
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`10.1 Novell’s Guide to Netware 4.1 Networks (“Hughes”) ............................ 42
`10.2 Novell Application Launcher 2.0 White Paper (“NAL
`White Paper”) ........................................................................................ 44
`
`11. SONDEREGGER COMBINED WITH HUGHES DOES NOT
`RENDER OBVIOUS THE ’466 PATENT ..................................................45
`
`11.1 A POSITA would not have been motivated to combine
`Sonderegger and Hughes ....................................................................... 47
`11.2 Sonderegger combined with Hughes fails to make a
`prima facie case of obviousness regarding “installing a
`plurality of application programs at the server” ...................................... 50
`11.3 Sonderegger combined with the NAL White Paper fails
`to make a prima facie case of obviousness regarding
`“providing an instance of the selected one of the plurality
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`of application programs to the client for execution
`responsive to the selection” .................................................................... 54
`11.4 Other Limitations That Recite “a plurality of application
`programs” .............................................................................................. 58
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`I, Dr. Val DiEuliis, hereby declare and state as follows:
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`1.
`
`1.
`
`Introduction
`
`My name is Val DiEuliis, and I have been retained by
`
`Uniloc, USA, Inc., and Uniloc Luxembourg S.A. (“Uniloc” or the “Patent
`
`Owner”). My client Uniloc and its associated counsel, Etheridge Law
`
`Group, have asked me to study U.S. Patent No. 6,510,466 (“the ’466
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`patent”), the Petition, and the proffered prior art in this case, in addition
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`to other relevant documents. I document my findings in this declaration.
`
`2.
`
`I have concluded that U.S. Patent No. 5,692,129
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`(Sonderegger; EX1002) combined with Hughes [EX1003], Franklin
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`[EX1004], and the “NAL White Paper” [EX1005] does not render
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`obvious any challenged claim of the patent at issue, the’466 patent, at
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`least because Sonderegger in view of Hughes fails to make a prima facie
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`case of obviousness for the limitation “installing a plurality of application
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`programs at the server” (Claim 1), “means for installing” (Claim 15), and
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`“computer readable program code means for installing ...” (Claim 16).
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`3.
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`In addition, I find that a POSITA would not have been
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`motivated to combine Sonderegger with Hughes, and the Petitioner and
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`its expert, Dr. Madisetti, fail to demonstrate why a POSITA might have
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`been so motivated.
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`4.
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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.
`
`2.
`
`5.
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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
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`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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`6.
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`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.
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`
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`7.
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`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
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`Maintenance System, Avionics Environmental Monitor, Radio Frequency
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`Billboard Network, Wireless Bar Code System for Hospitals, and ISA
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`Board for 4-Port RS422 Serial Communications Multiplexer.). See also
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`Id. at 3 (Digital Document Storage Technology).
`
`8.
`
`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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`9.
`
`I received the Ph.D. and M.S. degrees in electrical
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`engineering from the University of Illinois at Urbana-Champaign in 1978
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`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).
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`Additionally, I am a co-inventor of two patents.
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`10.
`
`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.
`
`11.
`
`As an adjunct instructor at the University of Saint Thomas in
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`St. Paul, Minnesota, I developed and presented a lecture on classical
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`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.
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`12.
`
`This and other information about my background is included
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`in my CV, which attached to this declaration as Attachment A.
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`3.
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`13.
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`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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`14.
`
`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 LLC.; US PTO Inter Partes Review 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 et al.; USPTO Inter
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`Partes Review; IPR2014-01453; Uniloc USA on behalf of Uniloc
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`USA, 2015. I testified at a deposition.
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`• Uniloc USA et al. v. Activision Blizzard et al.; United States
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`District Court for the Eastern District of Texas (Tyler); Civil
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`Action No. 6:13-cv-00256-LED; and Uniloc USA v. Electronic
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`Arts, Inc.; Civil Action No. 6:13-cv-259-LED; Nelson Bumgardner
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`Casto and Carter, Scholer, Arnett, Hamada, and Mockler on behalf
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`of Uniloc USA et al.; 2013-2014. I testified at three depositions
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`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. 337-
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`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. 1:11-
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`cv-426-RGA; Smith, Gambrell & Russell, LLP, on behalf of
`
`Karbon Arms, 2013. I testified at a deposition.
`
`
`15.
`
`4.
`
`16.
`
`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. 6,510,466, and
`
`exhibits, Case No. IPR2017-01290, April 24, 2017 [Pet.]
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`• U.S. Patent No. 6,510,466 (“’466”) [EX1001], and its prosecution
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`history [EX1007]
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`• U.S. Patent No. 5,692,129 (“Sonderegger”) [EX1002]
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`• Novell’s Guide to Netware 4.1 Networks, Jeffrey F. Hughes and
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`Blair W. Thomas, Novell Press, San Jose (“Hughes)” [EX1003]
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`• U.S. Patent No. 6,105,069 (“Franklin”) [EX1004]
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`• Novell Application Launcher 2.0 White Paper (“NAL White
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`Paper”), May, 1997 [EX1005]
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`• Declaration of Dr. Vijay K. Madisetti, Ph.D., April 24, 2017
`
`[EX1006]
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`Legal Standards
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`I understand there are certain legal rules, standards, or
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`5.
`
`17.
`
`requirements that I accept for the purpose of my analysis of the opinions
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`and conclusions set forth in this declaration.
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`18.
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`I understand a patent is obvious “if the differences between
`
`the subject matter sought to be patented and the prior art are such that the
`
`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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`19.
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`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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`20.
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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
`
`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
`
`produce an inoperative result.
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`21.
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`In addition, I understand that if a proposed modification or
`
`combination of the prior art would change the principle of operation of
`
`the prior art device being modified, then the teachings of the references
`
`are not sufficient to render the claims prima facie obvious.
`
`6.
`
`22.
`
`The ’466 Patent
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`U.S. Patent No. 6,510,466 (“’466”), titled Methods, systems
`
`and computer program products for centralized management of
`
`application programs on a network, was issued on January 21, 2003. The
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`
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`application 09/211,528, by inventors David E. Cox et al, was filed on
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`December 14, 1998. See EX1001.
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`23.
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`The ’466 patent “relates to network management in general
`
`and in particular to application program management on a computer
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`network.” Id. at 1:21-23.
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`24.
`
`The Abstract of the ’466 patent provides an overview of the
`
`invention as follows:
`
` Methods, systems and computer program products
`for management of application programs on a
`network including a server supporting client
`stations are provided. The server provides
`applications on-demand to a user logging in to a
`client supported by the server. Mobility is
`provided to the user and hardware portability is
`provided by establishing a user desktop interface
`responsive to a login request which presents to the
`user a desktop screen through a web browser
`interface which accesses and downloads selected
`application programs from the server responsive to
`a request from the user on the user desktop screen
`at the client. The application program is then
`provided from the server and executed at the
`client. The application program may further be
`customized to conform to the user's preferences
`and may also provide for license use management
`by determining license availability before initiating
`execution of the application program. Finally,
`software distribution and installation may be
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`provided from a single network management
`server.
`(Id. at Abstract; see also Id. at 3:55-4:9) (Emphasis
`added.)
`
`
`25.
`
`The Abstract, reproduced in its entirety above, describes a
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`client-server network system in which an “on-demand server” supports a
`
`client by providing application programs to the client. The ’466 patent
`
`explains the meaning of “application program” as follows:
`
`As used herein, the term "application program"
`generally refers to the code associated with the
`underlying program functions, for example,
`Lotus Notes or a terminal emulator program.
`However, it is to be understood that the
`application program will preferably be included
`as part of the application launcher which will
`further include the code associated with managing
`usage of the application program on a network
`according to the teachings of the present invention.
`(EX1001 at 14:24-31) (Emphasis added.)
`
`
`26.
`
`The passage above explains that the ’466 patent defines the
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`application program as the code that executes on a processor and
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`which performs the functions, such as spreadsheet calculations, word
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`processing, and the multitude of other functions for which application
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`programs are available. In addition, the ’466 discloses that the
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`application program is preferably included as part of a related program,
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`an “application launcher,” which manages the usage of the application
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`program on a network. EX1001 at 14:27-31.
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`27.
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`Furthermore, the Abstract explains that the application
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`programs are distributed to one or more on-demand servers which
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`provide application programs “on demand” to clients. The written
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`description, however, also explains that the on-demand server also may
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`execute the application program itself (locally), as in the following:
`
`Application programs are distributed as file
`packages (packets) to on-demand servers. A
`profile manager import call is included in the
`distributed file packet along with an import text
`file containing the data required to properly
`install and register the application program on
`the on-demand server and make it available to
`authorized users. Settable on-demand server
`identifier fields are included to allow a plurality of
`on-demand servers to receive a common file
`packet and properly install and register the
`program for use locally.
`(Id. at 4:10-22) (Emphasis added.)
`
`
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`28.
`
`The passage above teaches that the application programs
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`(that is, the executable code) are installed on the server, and may be
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`registered at the server for execution by the server. This is also described
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`in the text accompanying FIG. 4 of the ’466 patent, which illustrates the
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`operation of the on-demand server. “At block 230, server system 22
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`determines whether a new software application has been received for
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`installation on server system 22.” Id. at 12:27-29.
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`29.
`
`In addition, the patent teaches that the application programs
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`are installed and registered on the server so that clients may have access
`
`to them. First, a POSITA would have understood this to mean that the
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`application program executable code itself is copied to the server and
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`stored (e.g., on a disk drive) such that it can be accessed either for
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`distribution to a client or for execution by the server. Second, a POSITA
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`would have understood that in addition to the installation, the application
`
`is registered in the server’s database. Id. at FIG. 2 (Database 208) and
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`7:50-65 (accompanying text to FIG. 2).
`
`30.
`
`The ’466 patent describes the historical context of its
`
`invention starting with “traditional mainframe computers” that provided a
`
`user interface through computer terminals (so-called “dumb terminals)
`
`that were hardwired to the mainframes. All of the computing for
`
`application programs was done at the central computer. EX1001
`
`at 1:27-30. I am personally familiar with this arrangement from my
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`experience during my graduate student and early working years in the
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`mid-1970s to mid-1980s.
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`31.
`
`Since the advent of personal computers and computer
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`networking, “processing power has typically evolved from a central
`
`processing center with a number of relatively low-processing power
`
`terminals to a distributed environment of networked processors.”
`
`Id. at 1:30-43.
`
`32.
`
`The ’466 patent discusses various problems that were
`
`created by this shift to distributed computing power, including difficulties
`
`in controlling the software, such as application programs because a
`
`central administrator was not in control of the application program.
`
`33.
`
`The patent also discusses various prior art solutions and the
`
`problems associated with these solutions. Id. at 1:57-3:37. These include
`
`the following few examples, among others:
`
`• “A customized install must be created by a system administrator
`
`for each different version to be installed.” Id. at 1:67-2:2.
`
`• “Once installed at a client, a user must typically use that specific
`
`client station.” Id. at 2:3-4.
`
`• “The combinations of network connections, differing hardware,
`
`native applications and network applications makes portability of
`
`preferences or operating environment characteristics which provide
`
`consistency from workstation to workstation difficult.”
`
`Id. at 2:19-23; see also generally Id. at 2:12-35.
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`• The prior art solutions did not allow users to register their
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`preferences (e.g., screen resolution or color) for handling,
`
`executing, and using the application based on their identity. Rather,
`
`these solutions were based on the specific workstation (computer).
`
`(Id. at 3:9-15)
`
`• “The networked environment increases the challenges for a
`
`network administrator in maintaining proper licenses for existing
`
`software and deploying new or updated applications programs
`
`across the network.” Id. at 1:44-56.
`
`
`
`34.
`
`In addition to the list above, another problem, “the lack of a
`
`uniform framework for deployment of new or updated application
`
`programs, from different software designers,” is most pertinent to the
`
`claims at issue in this IPR. The ’466 patent explains this issue as
`
`follows:
`
`Furthermore, these various approaches have, at
`most, only limited capabilities to provide a
`uniform framework for deployment of new or
`updated application programs from different
`software designers. To the extent software
`distribution capabilities from a central location
`are provided, such as with the TME 10.TM.
`system, they typically require various steps in
`the installation process to occur at different
`locations rather than allowing the entire process
`to be controlled from a single point for an entire
`managed network environment.
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`35.
`
`(Id. at 3:28-36) (Emphasis added.)
`
`
`The ’466 patent solved many of the above mentioned
`
`problems in various ways. Among other objects and advantages of the
`
`’466 invention, it provides the following:
`
`• centralized management of application programs on a
`
`computer network (Id. at 3:39-42)
`
`• an application management system that is user based across
`
`various hardware interface devices (Id. at 3:43-45)
`
`• software deployment from a central administrative server
`
`location across a plurality of client stations (Id. at 3:46-49)
`
`• accommodates various types of hardware operating under
`
`different operating systems across client stations
`
`(Id. at 3:50-53)
`
`
`
`36.
`
`FIG. 1, reproduced below, illustrates the primary
`
`components and the structure of the ’466 system. See also Id. at 6:57-
`
`7:21 (accompanying text to FIG.1). The overall computer network
`
`system 10 comprises various servers 20, 22, and 22ˈ; networks 10ˈ, 10ˈˈ,
`
`and 10ˈˈˈ; and client stations 24, 24ˈ, 26, and 26ˈ. The networks 10ˈ, 10ˈˈ,
`
`and 10ˈˈˈ “may be separate physical networks, separate partitions of a
`
`single physical network or may be a single network.” Id. at 7:13-16.
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`37.
`
`Server 20 is a network management server, which centrally
`
`manages the network system 10. EX1001 at 6:60-62 and 7:7-10. Servers
`
`22 and 22ˈ are on-demand servers, which deliver applications to clients
`
`when requested. Id. at 7:11-13. Each client station communicates over
`
`the network with its on-demand server: (a) client stations 24 and 24ˈ
`
`communicate with and are served by on-demand server 22; and (b) client
`
`stations 26 and 26ˈ communicate with and are served by on-demand
`
`server 22ˈ. Id. at 6:67-7:3.
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`FIG. 1 of the ’466 Patent: System Diagram
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`38.
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`FIG. 2 of the ’466 patent illustrates some detail concerning
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`the on-demand server 22. Among other things, the accompanying text
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`describes Database 208 as follows:
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`6.1
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`39.
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`As shown in FIG. 2, the server system 22 of the
`present invention includes client management
`server 204 and access to a storage device for
`maintaining an application management
`database 208. While illustrated in FIG. 2 as an
`integrated part of system 22, database 208 may be
`a separate device so long as it is available to server
`system 22. In the illustrated embodiment which
`will be described herein, client management server
`204 includes web server 206 providing an interface
`to an administrator user such as that illustrated by
`administrator console 200 and to users interfacing
`to the system through client stations such as the
`illustrated user console 202. Database 208 acts as
`a central repository of application management
`information, such as user, software, device,
`preference and access control information,
`responsive to client management server 204.
`(Id. at 7:50-65) (Emphasis added.)
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`Claims
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`In this declaration, I focus on one claimed aspect of the ’466
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`disclosure: “installing a plurality of application programs at the server.”
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`Id. at 21:20 (claim 1); 22:60-61 (claim 15); 23:16-17 (claim 16).
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`40.
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`First, claim 1, an independent method claim recites the step
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`of “installing a plurality of application programs at the server.”
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`Id. at 21:20.
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`41.
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`Second, claim 15, an independent system claim recites
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`“means for installing a plurality of application programs at the server.”
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`Id. at 22:60-61.
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`42.
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`Third, claim 16, an independent computer program product
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`claim, recites “computer readable program code means for installing a
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`plurality of application programs at the server.” Id. at 23:16-17.
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`43.
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`In my opinion, according to the plain language of the above
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`“installing” limitations, a POSITA would have understood on the priority
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`date, the broadest reasonable interpretation of “installing a plurality of
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`application programs at the server,” in the context of the whole patent, to
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`be consistent with the following interpretation: copying and preparing for
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`execution the executable code of more than one application program,
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`comprising at least the executable code to perform the functions of the
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`application at the server. Below in my claim construction section, I
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`discuss how I arrived at this interpretation. See § 8 below.
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`44.
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`All other challenged claims are dependent on one of the
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`three independent claims cited above. Hence, all claims at issue recite the
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`limitation discussed above.
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`7.
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`45.
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`Ordinary Skill in the Art
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`The Petitioners and their expert, Dr. Madisetti, define a
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`person of ordinary skill in the art as a person who “would have had at
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`least an undergraduate degree in computer science, computer
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`engineering, or a related field or an equivalent number of years of
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`working experience and at least one to two years of experience in
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`networking environments, including at least some experience with
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`management of application programs in a network environment.”
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`Pet. at 2; also EX1006 at ¶ 26.
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`46.
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`I have no reason to disagree with the Petitioners’ and
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`Dr. Madisetti’s description of a person of ordinary skill in the art.
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`Moreover, based on my degrees in electrical engineering, which included
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`extensive training in software development, data communications and
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`networking, and 45-plus years of experience, including significant
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`software development, I had, on the priority date, considerably more
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`experience and expertise than the POSITA. I base my opinions regarding
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`the level of ordinary skill in the art upon this understanding and my own
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`experience in the field. I have considered the way in which a POSITA
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`would have understood the ’466 patent on its priority date, and I offer my
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`opinions on that basis.
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`8.
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`47.
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`Claim Construction
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`The Petitioners acknowledge that for an unexpired patent
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`(e.g., the ’466 patent at issue herein), the Board interprets the claims with
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`the “broadest reasonable construction in light of the specification.”
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`Pet. at 2. In addition, Dr. Madisetti, the Petitioners’ expert, states he
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`“applied the claim constructions set forth in the claim construction
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`section of the IPR Petition, and furthermore, for other unconstrued terms,
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`he applied the “ordinary and customary meaning.” EX1006 at ¶ 13.
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`48.
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`The Petitioners acknowledge, however, that claim 15 recites
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`limitations in means-plus-function form and proposes constructions for
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`them. I discuss these constructions below.
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`49.
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`In my opinion, it is unnecessary to construe terms that have
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`not been construed as means-plus-function terms beyond their broadest
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`possible interpretation. I understand the broadest possible interpretation of
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`a claim is the claim language itself.
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`50.
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`On the other hand, however, in my opinion, the Petitioners’
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`apparent interpretation of “installing a plurality of application programs”
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`in their invalidity analysis appears to assume an unusual interpretation that
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`does not correspond to the plain and ordinary meaning as understood by a
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`POSITA on the priority date. I address this issue below.
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`51.
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`The limited scope of my opinions and analysis concerning
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`claim construction in this declaration does not imply that I may not later
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`express other opinions, express more analysis, construe other terms, 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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`8.1
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`52.
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` “installing a plurality of application programs at the
`server”
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`According to the plain language of this step limitation of
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`independent method claim 1, which is recast as “means for” and
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`“computer readable code means for” in claims 15 and 16, respectively, a
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`person of ordinary skill in the art would have understood its broadest
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`possible meaning in the context of the whole patent to be consistent with
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`the following interpretation: copying and preparing for execution the
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`executable code on the server of more than one application program,
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`comprising at least the executable code to perform the functions of the
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`application. See also § 6.1 above. I arrived at this interpretation from the
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`analysis that follows.
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`53.
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`My interpretation of “installing ... application programs”,
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`expressed above, is based on my experience as a programmer over almost
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`50 years, from 1968 to the present. Moreover, my interpretation of
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`installing an application program is consistent with the disclosures in the
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`’466 patent, a few of which I list below in the following:
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`As used herein, the term "application program"
`generally refers to the code associated with the
`underlying program functions.
`(EX1001 at 14:24-26) (Emphasis added.)
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`Application programs are distributed as file
`packages (packets) to on-demand servers.
`A profile manager import call is included in the
`distributed file packet along with an import text
`file containing the data required to properly install
`and register the application program on the on-
`demand server and make it available to
`authorized users. ... demand servers to receive a
`common file packet and properly install and
`register the program for use locally.
`(Id. at 4:10-22) (Emphasis added.)
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`Accordingly, the plurality of application programs
`is installed and accessible at the server system 22.
`(Id. at 14:51-53)
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`At block 230 [FIG. 4], server system 22
`determines whether a new software application
`has been received for installation on server
`system 22.
`(Id. at 12:26-30) (Emphasis added.)
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`54.
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`The quotations above from the ’466