Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`AT&T Services, Inc.
`Petitioner
`v.
`
`Digifonica (International) Limited
`Patent Owner
`
`Patent No. 9,179,005
`_______________
`
`Inter Partes Review No. (To Be Assigned)
`____________________________________________________________
`
`
`
`DECLARATION OF JAMES BRESS IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW
`
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 et seq.
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`1
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`AT&T, Exh. 1003, p. 1
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`

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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`B.
`
`C.
`
`D.
`
`Table of Contents
`I.
`Introduction ......................................................................................................................... 5
`II.
`Summary of Opinions ......................................................................................................... 6
`III.
`Background and Qualifications ........................................................................................... 7
`IV. Materials Considered ........................................................................................................ 18
`V.
`Understanding of the Law ................................................................................................. 19
`A. Legal Standard for Prior Art ......................................................................................... 19
`B. Legal Standard for Obviousness ................................................................................... 21
`C. Legal Standard for Claim Construction ........................................................................ 25
`Level of Skill of One of Ordinary Skill in the Art ............................................................ 26
`VI.
`VII. Brief Overview of the ʼ005 Patent .................................................................................... 28
`A. Admitted Prior Art in the Background ......................................................................... 28
`B. The Purported Invention of the ʼ005 Patent ................................................................. 29
`C. The Challenged Claims ................................................................................................ 39
`VIII. State of the Art .................................................................................................................. 42
`IX.
`Claim Construction ......................................................................................................... 124
`A.
`“means for using a caller identifier associated with the caller to locate a caller dialing
`profile comprising a plurality of calling attributes associated with the caller” .......... 124
`“means for, when at least one of said calling attributes and at least a portion of a callee
`identifier associated with the callee meet private network classification criteria,
`producing a private network routing message for receipt by a call controller, said
`private network routing message identifying an address, on the private network,
`associated with the callee” ......................................................................................... 125
`“means for, when at least one of said calling attributes and at least a portion of said
`callee identifier meet a public network classification criterion, producing a public
`network routing message for receipt by the call controller, said public network routing
`message identifying a gateway to the public network” .............................................. 125
`“means for causing the private network routing message or the public network routing
`message to be communicated to a call controller to effect routing of the call” ......... 126
`Analysis of the Prior Art ................................................................................................. 127
`A. Nadeau ........................................................................................................................ 127
`B. Kelly ........................................................................................................................... 136
`C. Vaziri .......................................................................................................................... 138
`Summary of the Grounds for Unpatentability of the Challenged Claims ....................... 140
`XI.
`XII. Nadeau-Kelly renders obvious Claims 1, 24–26, and 49 ................................................ 141
`
`X.
`
`
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
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`
`
`2.
`
`3.
`
`
`
`3
`
`A.
`
`2.
`
`3.
`
`4.
`
`It was obvious to modify the service logic controller (“SLC”) of Nadeau to perform
`the gateway selection process taught in Kelly ............................................................ 141
`B. Claim 1 ....................................................................................................................... 144
`1.
`Preamble: “A process
`for producing a
`routing message
`for
`routing
`communications between a caller and a callee in a communication system” ..... 144
`Limitation 1a: “using a caller identifier associated with the caller to locate a caller
`dialing profile comprising a plurality of calling attributes associated with the
`caller” .................................................................................................................. 146
`Limitation 1b: “when at least one of said calling attributes and at least a portion of
`a callee identifier associated with the callee meet private network classification
`criteria, producing a private network routing message for receipt by a call
`controller, said private network routing message identifying an address, on the
`private network, associated with the callee” ....................................................... 149
`Limitation 1c: “when at least one of said calling attributes and at least a portion of
`said callee identifier meet a public network classification criterion, producing a
`public network routing message for receipt by the call controller, said public
`network routing message identifying a gateway to the public network” ............ 159
`C. Claim 24: “The process of claim 1, further comprising causing the private network
`routing message or the public network routing message to be communicated to a call
`controller to effect routing of the call” ....................................................................... 165
`D. Claim 25: “A non-transitory computer readable medium encoded with codes for
`directing a processor to execute the method of claim 1” ........................................... 166
`E. Claim 26 ..................................................................................................................... 167
`F. Claim 49: “The apparatus of claim 26, wherein said at least one processor is further
`operably configured to cause the private network routing message or the public
`network routing message to be communicated to a call controller to effect routing of
`the call” ....................................................................................................................... 167
`XIII. Nadeau-Kelly-Vaziri renders obvious Claims 28, 34, 93, and 111 ................................. 168
`It was obvious to modify the service logic controller (“SLC”) of Nadeau-Kelly to
`A.
`perform the gateway selection process taught by Kelly ............................................. 168
`B. Claim 50 ..................................................................................................................... 173
`1.
`Preamble: “A call routing controller apparatus for producing a routing message
`for routing communications between a caller and a callee in a communication
`system” ................................................................................................................ 174
`Limitation 50a: “means for using a caller identifier associated with the caller to
`locate a caller dialing profile comprising a plurality of calling attributes associated
`with the caller” .................................................................................................... 174
`Limitation 50b: “means for, when at least one of said calling attributes and at least
`a portion of a callee identifier associated with the callee meet private network
`
`AT&T, Exh. 1003, p. 3
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`

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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`4.
`
`classification criteria, producing a private network routing message for receipt by
`a call controller, said private network routing message identifying an address, on
`the private network, associated with the callee” ................................................. 177
`Limitation 50c: “means for, when at least one of said calling attributes and at least
`a portion of said callee identifier meet a public network classification criterion,
`producing a public network routing message for receipt by the call controller, said
`public network routing message identifying a gateway to the public network” . 195
`C. Claim 73: “The apparatus of claim 50, further comprising means for causing the
`private network routing message or the public network routing message to be
`communicated to a call controller to effect routing of the call.” ................................ 210
`XIV. Conclusion ...................................................................................................................... 212
`
`4
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`AT&T, Exh. 1003, p. 4
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`I, James Bress, declares as follows:
`
`
`
`I.
`
`INTRODUCTION
`1.
`
`I have been retained as a technical expert on behalf of petitioner
`
`AT&T Services, Inc. in connection with the above-captioned inter partes review
`
`(“IPR”) of U.S. Patent No. 9,179,005 (“the ’005 Patent”). I understand that the
`
`’005 Patent is currently assigned to Digifonica (International) Limited.
`
`2.
`
`I am familiar with the technology at issue in the period prior to
`
`November 2, 2006, which is the filing date of the provisional application to which
`
`the ’005 Patent claims priority. I have not performed an analysis to determine
`
`whether any of the claims of the ’005 Patent should be entitled to this earlier
`
`priority date. However, none of the opinions stated herein would change if any
`
`claim were entitled to this earlier priority date.
`
`3.
`
`I have been asked to provide my technical opinion on concepts
`
`discussed in the ’005 Patent and the reference documents, as well as my technical
`
`opinion on how these concepts relate to several ’005 Patent claim limitations in the
`
`context of the specification.
`
`4.
`
`I have been asked to consider how a person of ordinary skill in the art
`
`would understand the claims of the ’005 Patent and the applied reference
`
`
`
`5
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`combinations. In reaching the opinions stated herein, I have considered the ’005
`
`Patent and the references discussed herein in the context of my own education,
`
`training, research, knowledge, and personal and professional experience.
`
`5.
`
`I am being compensated at my standard hourly rate of $350.00 per
`
`hour. My compensation is not dependent on the outcome of this IPR and in no
`
`way affects the substance of my statements in this declaration.
`
`6.
`
`I make this declaration based upon my own personal knowledge and,
`
`if called upon to testify, would testify competently to the matters contained herein.
`
`I may rely on handbooks, textbooks, technical literature, my own personal
`
`experience in the field, and other relevant materials and/or information to
`
`demonstrate the state of the art in the relevant period and the evolution of relevant
`
`technologies.
`
`II.
`
`SUMMARY OF OPINIONS
`7.
`
`After studying the ’005 Patent, its file history, and the prior art, and
`
`considering the subject matter of the claims of the ’005 Patent in light of the state
`
`of
`
`technical advancement
`
`in
`
`the area of
`
`IP
`
`telephony networks and
`
`telecommunications networks prior to the filing of the ’005 Patent, I reached the
`
`conclusions discussed herein.
`
`
`
`6
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`

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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`8.
`
`In light of these general conclusions, and as explained in more detail
`
`throughout this Declaration, it is therefore my opinion that Claims 1, 24–26, 49–
`
`50, 73–79, 83–84, 88–89, 92, 94–96, and 98–99 (the “Challenged Claims”) of the
`
`ʼ005 Patent are invalid as being obvious in the relevant time frame (prior to
`
`November 2006) in light of the knowledge of a person of ordinary skill in the art at
`
`that time and the teachings, suggestions, and motivations present in the prior art.
`
`III. BACKGROUND AND QUALIFICATIONS
`9. My qualifications are stated more fully in my curriculum vitae. See
`
`EX1004. As reflected in my curriculum vitae, and as explained in more detail
`
`below, I have experience with the technology described in the ’005 Patent,
`
`including
`
`telecommunications network architectures, protocols, addressing,
`
`standards, Public Switched Telephone Networks (PSTN), Voice-over-IP (VoIP)
`
`telephony and networks, mobile networks, interworking between PSTN, VoIP, and
`
`mobile networks, the Session Initiation Protocol (SIP), the H.323 Protocol, the
`
`Transmission Control Protocol (TCP), the Internet Protocol (IP), call processing
`
`for both PSTN, VoIP, and mobile networks, network interfacing, network
`
`interconnection, gateways, call controllers, soft switches, etc. Here I provide a
`
`brief summary of my qualifications.
`
`
`
`7
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`AT&T, Exh. 1003, p. 7
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`

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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`10.
`
`I received a Bachelor of Science degree in electrical engineering from
`
`the University of North Carolina at Charlotte in 1985, and a Master of Science
`
`degree in electrical engineering from the California Institute of Technology in
`
`1987. From 1982 to 1984, while still attending the University of North Carolina, I
`
`was an engineering technician at Process Systems, Inc., located in Charlotte, NC.
`
`My duties there included technical writing for field‐located energy management
`field‐located equipment and host systems.
`
`equipment which was remotely accessible via modems and telephone lines, host
`
`system software and user manuals, as well as developing test equipment for the
`
`11.
`
`In addition to my educational background, I have over 30 years of
`
`experience in the telecommunications industry. In 1985, after graduating from the
`
`University of North Carolina, I was employed by Bell Communications Research,
`
`Inc. (also known as Bellcore), located in Piscataway, NJ. I was an engineer and
`
`Member of the Technical Staff (MTS) at Bellcore with responsibility for numerous
`
`telecommunications systems operations and development projects. For these
`
`systems-related projects, I was responsible for development, integration, and
`
`testing including computers, network hardware, network interconnections, network
`
`signaling, network protocols, network equipment provisioning and configurations,
`
`database technologies, applications and software development, user interfaces,
`
`
`
`8
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`client-server operations, test systems development, and telephony features
`
`development and prototyping.
`
`12.
`
`In 1995, I founded AST Technology Labs, Inc., located in Melbourne,
`
`Florida, where I am the President and Chief Technical Officer. AST’s business is
`
`focused on telecommunications equipment and networks. My responsibilities at
`
`AST include the development of detailed system specifications, architectures,
`
`hardware, and software for custom telecommunications and telephony test systems
`
`including analog, digital, VoIP, and wireless. My responsibilities also include
`
`researching and analyzing the products that are tested at AST to enable system
`
`configurations, preparation for testing, troubleshooting hardware and software, and
`
`providing consulting to AST’s customers.
`
`13.
`
`I have served on numerous standards setting committees of the
`
`Telecommunications Industry Association (“TIA”) and have been a prime
`
`contributor, editor, and working group chairman for the development of many
`
`published ANSI
`
`(American National
`
`Standards
`
`Institute)
`
`/ TIA
`
`telecommunications standards. I served continuously from 2000 to 2015 as
`
`chairman or vice chairman of the TIA TR41.3 engineering subcommittee for
`
`Performance and Accessibility for Communications Products. Starting in 2015 and
`
`to the present, I am the chairman of the parent engineering committee, TR41. I
`
`
`
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
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`
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`also authored numerous system requirement publications and recommendations for
`
`Bellcore. Additionally, I am a named inventor on four issued US patents.
`
`14. My first assignment during my employment at Bellcore was in the
`
`software operations area. This area was focused on operations system software
`
`including PREMIS (PREMise Information System), SOAC (Service Order
`
`Analysis & Control), and LFACS (Loop Facility Assignment and Control System).
`
`These software systems integrated hardware (network access and switching
`
`equipment and computers) and software (database, reporting, network control,
`
`monitoring, management, and user interface) used for the operations systems used
`
`by Bellcore’s owners (the Regional Bell Operating Companies (RBOCs) or “Baby
`
`Bells”) in support of the Public Switched Telephone Network (PSTN). My
`
`experiences during this assignment included software installation and testing,
`
`network management, network equipment provisioning, database configuration
`
`and schema development, network connectivity troubleshooting, and software
`
`documentation.
`
`15. My next assignment at Bellcore was on a development team for the
`
`“Information Gateway” project. My responsibilities included data network design,
`
`network connectivity implementation, network equipment configurations and
`
`provisioning, and troubleshooting for the networked connectivity of computer
`
`
`
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`systems located in multiple states across the USA. Networking for this project
`
`included PSTN and data network facilities and services and interworking between
`
`the PSTN and data networks. The computer systems provided access to servers,
`
`databases and terminal interface software from distributed network connected
`
`workstations. In addition to networking, I was also responsible for database
`
`system design and distributed network access to compressed image files located on
`
`a network connected server. One of my many projects included analysis,
`
`configurations, and troubleshooting of X.25 data network termination circuits, and
`
`the related termination equipment, to enable numerous system demonstrations that
`
`were set up in multiple locations across the USA.
`
`16. My work in Bellcore’s “New Services Development” area included
`
`designing and prototyping new services that were focused on the use of the
`
`Advanced Intelligent Network (AIN) system features and components. These
`
`projects required an understanding of telecommunications systems network
`
`architectures, signaling, protocols, standards, and features operations. One of my
`
`projects in this area included interfacing to AIN components including Service
`
`Control Points (SCP) and Signaling Transfer Points (STP) to implement a
`
`telephone network control feature. I am the first named inventor on a patent for
`
`
`
`11
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`one of the systems developed which was integrated with the AIN (U.S. Patent No.
`
`5,570,420, “Customer premise equipment network integrator”).
`
`17. Another assignment I had at Bellcore involving network signaling and
`
`features was for the development of the Analog Display Services Interface (ADSI)
`
`and the Caller ID on Call Waiting (CIDCW) feature that is now well known to
`
`telephone users. My responsibilities included analyzing PSTN switching systems
`
`architectures and capabilities, and feature related network triggers and service
`
`logic. I was also responsible for developing prototype systems, including hardware
`
`and software, for network signaling and features evaluation. Additionally, I was
`
`responsible for developing Bellcore’s Customer Premises Equipment (CPE) test
`
`lab (including hardware, software, lab operations, and reporting) to support the
`
`development of new telephony devices used with the ADSI and CIDCW features.
`
`18.
`
`I started designing network signal detection systems as a
`
`troubleshooting assignment for the Bell Companies. At this time in the late 1980s,
`
`most prison systems used primarily coin telephones, which were owned and
`
`operated by the Bell Companies, to provide telephony services to inmates. Inmates
`
`had discovered that they could defraud the telephone system by playing certain
`
`music into the telephone transmitter (microphone), which would cause the Bell
`
`Company Central Office (CO) accounting and billing systems to errantly record
`
`
`
`12
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`sometimes hundreds of dollars of credit due to falsely detecting coin-drop-
`
`confirmation tones. After this problem was solved, the knowledge I gained was
`
`used to develop Bellcore’s prototype CPE Alerting Signal (CAS) detector that was
`
`a key component of what became the widely popular Caller ID on Call Waiting
`
`(CIDCW) telephony feature. This work led to the issuing of U.S. Patent No.
`
`5,519,774 “Method and system for detecting at a selected station an alerting signal
`
`in the presence of speech” for which I am a named inventor.
`
`19.
`
`I am the first named inventor on U.S. Patent No. 7,076,031 “System
`
`and Method for Telephone Signal Collection and Analysis.” The impetus for this
`
`patent was the development of the TSA-6000® telephone signal recording and
`
`analysis system. This project culminated into the manufacture and sale of TSA-
`
`6000® systems starting in 2002. I was the chief architect for the design of this
`
`system and I continue to serve as the technical lead for this project and product.
`
`The TSA-6000® system was designed using the concept of functional units that
`
`can be combined in any physical implementation including the functions of 1)
`
`signal data capture and recording; 2) analysis of the captured signaling data to
`
`identify pre-defined telephone signals and events occurring in the recorded signals,
`
`as well as identifying the states, or modes of the telephone line; and 3) a user-
`
`friendly graphical interface for viewing signals and analysis data, and also for
`
`
`
`13
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`system configurations such as changing the parameters used during the analysis
`
`operations. The software of the TSA-6000® was developed using C language and
`
`runs on a Windows®-based computer. The software has been revised over the
`
`years for multiple reasons including to add new pre-defined signal types or
`
`classifications, and to modify and enhance the signal analysis algorithms.
`
`20. While employed at AST Technology Labs (AST), I have been
`
`responsible for the development of a “Call Generator” system for Telcordia
`
`Systems (formerly Bellcore). The Call Generator system included PSTN and data
`
`network interfaces integrated with a network based controller system. My
`
`development responsibilities for
`
`the controller system
`
`included hardware
`
`integration,
`
`software development
`
`including network
`
`control,
`
`remote
`
`configuration, database, and user interfaces. The system was designed to
`
`demonstrate Telcordia’s larger system goal of handling “one million calls per
`
`minute” for emergency management. The system was installed at Telcordia and
`
`used for demonstrations by Telcordia management and sales teams.
`
`21.
`
`In my position as chairman of the TIA-TR41.3 subcommittee and
`
`TIA-TR41 committee for the performance of communications products, I have
`
`been responsible for contributions to, and the development and publication of,
`
`several PSTN and VoIP related performance standards for telephony and gateway
`
`
`
`14
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`equipment including the ANSI/TIA-470 series, ANSI/TIA-4953, the ANSI/TIA-
`
`920 series, ANSI/TIA-1083, and ANSI/TIA-1063. In addition to my leadership
`
`role for standards development at TIA, I include as part of my responsibilities to be
`
`informed, and to maintain a level of expertise, regarding other standard’s bodies’
`
`analog, VoIP, and mobile related standards including those published by the IEEE
`
`(Institute of Electrical and Electronics Engineers),
`
`the ETSI (European
`
`Telecommunications
`
`Standards
`
`Institute),
`
`the
`
`ITU
`
`(International
`
`Telecommunication Union), 3GPP (Third Generation Partnership Project), and
`
`others.
`
`22.
`
`In 2007, I started a project at AST for Microsoft for the development
`
`of detailed performance and testing specifications, and the development of custom
`
`testing capabilities, for Microsoft’s “Response Point” VoIP-PBX system. The
`
`detailed specifications covered each of the Response Point VoIP-PBX system
`
`components including telephony devices (handset, headset, and speakerphone),
`
`voice gateways (FXO/PSTN to VoIP and FXS/ATA-Analog to VoIP), and the
`
`system base controller (including SIP proxy and registrar servers, and voicemail
`
`server).
`
` In addition to developing the detailed performance and testing
`
`requirements, developing custom test capabilities, and performing testing on the
`
`
`
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
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`Response Point systems, I also provided troubleshooting for and consulting to
`
`Microsoft’s customer’s.
`
`23. Regarding the testing of IP and mobile related devices and equipment,
`
`my responsibilities at AST include the development of IP-based test systems for
`
`evaluating the performance of VoIP equipment, including telephones (Ethernet and
`
`USB connected), computer connected devices (USB to computer’s Ethernet LAN),
`
`Ethernet connected voice gateways, and wireless (cellular) handsets. I am
`
`responsible for the set-up, configuration and operation of mobile and VoIP related
`
`test systems used to evaluate the audio and acoustic, network interface, and feature
`
`implementation performance of mobile handsets and VoIP endpoints and
`
`gateways. Included with the test systems developed and used is the integration of
`
`network-based servers including SIP proxies and registrars.
`
`24.
`
`I am the chief architect and design engineer for the development of
`
`one of AST’s in-house test systems used for evaluating the performance of VoIP
`
`endpoints and gateway products. These endpoint products, and the test systems
`
`developed, employ the SIP (Session Initiation Protocol) and the SDP (Session
`
`Description Protocol) for establishing call connections, and the RTP (Real Time
`
`Protocol) for the transmission of media (e.g., packets of digitized voice) after
`
`session establishment. During the on-going development of these systems, I have
`
`
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`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
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`
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`gained experience in the operation and implementation of the stack of protocols
`
`which are used to implement VoIP features and services. This includes developing
`
`software enabled features for controlling and manipulating SIP signaling
`
`parameters, SDP session and device related parameters, and RTP parameters. In
`
`addition to controlling the content of the messages used by these protocols, the test
`
`systems I have developed control the timing of offer / answer negotiations which is
`
`the primary method used to establish sessions between endpoints (e.g., two VoIP
`
`telephones), or between endpoints and servers (e.g., a voicemail server) and
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`gateways using SIP, SDP, and RTP protocols. I was responsible for implementing
`
`these systems which required the development of user interfaces, configuration /
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`provisioning features, custom IP protocol level control software, and the
`
`integration of network-based servers including SIP proxies and registrars.
`
`25.
`
`I am a named inventor on US Patent No. 9,020,621 “Network Based
`
`Media Enhancement Function Based on an Identifier” which was based on the
`
`systems and concepts developed for a start-up company for whom I was a
`
`consultant. My responsibilities included research and development of system
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`designs and architectures for PSTN and IP-based IMS (Internet-protocol
`
`Multimedia Subsystems) servers and services. The systems developed provided
`
`services to users connecting to an IMS network via PSTN or SIP/SDP enabled
`
`
`
`17
`
`AT&T, Exh. 1003, p. 17
`
`

`

`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`devices to access application servers located within an IMS network. The
`
`application servers provided the ability to enhance the audio of a PSTN, VoIP, or
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`mobile telephone call by being inserted into the media path and modifying the
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`audio to match a user’s needs based on the user’s hearing impairment parameters.
`
`As such, the application server performed the role of a media gateway with added
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`features to provide the audio enhancements.
`
`26. My Curriculum Vitae, included as EX1004, outlines my duties at
`
`Bellcore, AST, and as a consultant, includes further details about my education and
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`professional career, and lists my patents and publications. I have extensive
`
`expertise in all of the 32 telecommunications, systems, and computer related areas
`
`listed on page 2 of my Curriculum Vitae. See EX1004 at p. 2. My Curriculum
`
`Vitae also lists my prior litigation consulting over the past twelve years. See id. at
`
`pp. 13–23.
`
`IV. MATERIALS CONSIDERED
`27.
`I have considered information from various sources in forming my
`
`opinions attached as Appendices to this Declaration. Besides drawing from over
`
`three decades of research and development work in telecommunications networks,
`
`including IP telephone networks, I also have reviewed the ’005 Patent, the
`
`
`
`18
`
`AT&T, Exh. 1003, p. 18
`
`

`

`Declaration of James Bress in Support of Petition for Inter Partes Review
`of U.S. Patent No. 9,179,005
`
`
`
`prosecution file history of the ’005 Patent, and the other documents and references
`
`as cited herein, including those identified in the following table:
`
`Exhibit No.
`1001
`1002
`1005
`1006
`1007
`V. UNDERSTANDING OF THE LAW
`28.
`I have applied the following legal principles provided to me by
`
`Document
`U.S. Patent No. 9,179,005
`Prosecution File History of the ’005 Patent
`U.S. Patent No. 6,240,449 (“Nadeau”)
`U.S. Patent No. 6,594,254 (“Kelly”)
`U.S. Patent No. 7,715,413 (“Vaziri”)
`
`counsel in arriving at the opinions set forth in this report. My opinions are
`
`informed by my understanding of the relevant law. I understand that a patentability
`
`analysis is conducted on a claim-by-claim basis and that there are several possible
`
`reasons that a patent claim may be found to be unpatentable.
`
`29.
`
`I understand that earlier publications and patents may act to render a
`
`patent claim unpatentable as obvious.
`
`A. Legal Standard for Prior Art
`30.
`I u