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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
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`INTEL CORP., CAVIUM, INC., WISTRON, INC., and DELL INC.,
`Petitioner,
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`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`______________________
`
`Case IPR2017-013921
`U.S. Patent No. 7,337,241
`Title: FAST-PATH APPARATUS FOR RECEIVING DATA CORRESPONDING
`TO A TCP CONNECTION
`______________________
`
`DECLARATION OF ROBERT HORST IN SUPPORT OF PETITIONER’S
`SUR-REPLY IN OPPOSITION TO PATENT OWNER’S MOTION
`TO AMEND FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 7,337,241
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
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`1 Cavium, Inc., which filed a Petition in Case IPR2017-01728, Wistron, Inc., which
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`filed a Petition in Case IPR2018-00328, and Dell Inc., which filed a Petition in
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`Case IPR2018-00372, have been joined as petitioners in this proceeding.
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`
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`INTEL EX. 1255.001
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`
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`TABLE OF CONTENTS
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`Page
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`I.
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`INTRODUCTION .......................................................................................... 1
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`II.
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`PATENT OWNER AND DR. ALMEROTH FAIL TO IDENTIFY
`SUPPORT FOR THE NEW LIMITATIONS ............................................. 1
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`III. ERICKSON DOES NOT DISCLOSE SENDING INTERRUPTS
`TO THE HOST DURING EXECUTION OF THE UDPSCRIPT
`PROCEDURE ................................................................................................ 4
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`
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`i
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`INTEL EX. 1255.002
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`
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`I, Robert Horst, hereby declare as follows:
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`I.
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`INTRODUCTION
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`1. My name is Robert Horst. I have been retained on behalf of Petitioner
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`Intel Corporation (“Intel”) to provide this Declaration concerning technical subject
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`matter relevant to the petition for inter partes review (“Petition”) concerning U.S.
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`Patent No. 7,337,241 (Ex. 1001, the “241 Patent”). I reserve the right to
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`supplement this Declaration in response to additional evidence that may come to
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`light.
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`2.
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`I am over 18 years of age. I have personal knowledge of the facts
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`stated in this Declaration and could testify competently to them if asked to do so.
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`3.
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`I am being compensated for my time at the rate of $550 per hour. My
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`compensation is not based on the resolution of this matter. My findings are based
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`on my education, experience, and background in the fields discussed below.
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`4.
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`I am an independent consultant with more than 30 years of expertise
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`in the design and architecture of computer systems. My current curriculum vitae is
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`submitted as Ex. 1236.
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`5.
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`I incorporate my declaration Ex. 1210 herein.
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`II. PATENT OWNER AND DR. ALMEROTH FAIL TO IDENTIFY
`SUPPORT FOR THE NEW LIMITATIONS
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`6.
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`The amended portion of substitute claim 25, on which substitute
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`claims 26-32 depend, is reproduced below:
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`1
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`INTEL EX. 1255.003
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`
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`
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`sending, by the first mechanism, the data from each packet of the first
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`type to a destination in memory allocated to an application running on
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`a host computer without sending any of the media access control layer
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`headers, network layer headers or transport layer headers to the
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`destination or to a host protocol stack running on the host computer.
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`Paper 25 at Appendix A (emphasis in original).
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`7.
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`It is my opinion that Patent Owner and Dr. Almeroth do not identify
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`sufficient support for these additional limitations in the original disclosure of the
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`241 Patent, U.S. Application No. 10/260,878 (“241 Patent Application”). For
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`example, Dr. Almeroth identifies the communication processing device (CPD) 30
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`in Figs. 3 and 4 that “sends ‘application data’ from each packet of a first type [] to”
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`“storage 35.” While the 241 Patent Application discloses that storage 35 is located
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`on the host and that application data is sent to it, there is no discussion or
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`indication in the cited portions that storage 35 or any portion of storage 35 is
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`allocated to an application. See Ex. 2021 at Abstract, Figs. 3 and 4, [0055]-[0064].
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`Thus, sending packet data “to a destination in memory allocated to an application
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`running on a host computer” is unsupported.
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`8.
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`The amended portion of substitute claim 33, on which substitute
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`claims 34-40 depend, is reproduced below:
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`prepending a packet header to each of the segments by a second
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`processor, thereby forming a packet corresponding to each segment,
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`each packet header containing a media access control layer header, a
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`2
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`INTEL EX. 1255.004
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`network layer header and a transport layer header, wherein the
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`network layer header is Internet Protocol (IP), the transport layer
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`header is Transmission Control Protocol (TCP) and the media access
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`control layer header, the network layer header and the transport layer
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`header are prepended at one time as a sequence of bits during the
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`prepending of each packet header; and transmitting the packets to the
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`network, wherein the dividing, prepending, and transmitting occur
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`without the second processor generating an interrupt to the first
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`processor. \
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`Paper 25 at Appendix A (emphasis in original).
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`9.
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`The amended portion of substitute claim 41, on which substitute
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`claims 42-48 depend, is reproduced below:
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`prepending transmitting the outbound packets to the network,
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`wherein the dividing, prepending, and transmitting occur without the
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`second mechanism generating an interrupt to the first mechanism.
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`Paper 25 at Appendix A (emphasis in original).
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`10. Dr. Almeroth argues that the priority application disclosure of a “Fast-
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`path 400 byte send” is sufficient because it “will result in one interrupt” and that
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`the host will “only receive [that interrupt] when the send command has been given
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`to the INIC completes.” Ex. 2305, ¶ 28. However, this position is inconsistent with
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`Alacritech’s in the related case, Case No. IPR2017-01393 related to patent
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`9,055,104. There, Alacritech argued that a transmit complete interrupt was sent
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`3
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`INTEL EX. 1255.005
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`
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`immediately by a network interface device after data is received from the host, but
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`before the network interface device completed the transmission:
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`In this context of the transmit complete interrupt being generated “for
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`handling by the interrupt controller in the transmit DMA module,” the
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`“transmit complete interrupt” refers to an interrupt that all the data has
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`been transmitted from the host computer and received by the network
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`interface card—in contrast to data being transmitted by network
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`interface card.
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`IPR2017-1393, Paper No. 30 at 33-34 (Corrected Patent Owner’s Response
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`regarding the 104 Patent). If I were to use Alacritech’s flawed logic and assumed
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`this to be true, then the resulting interrupt from the “Fast path 400 byte send”
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`would not disclose the lack of an interrupt during the dividing, prepending, and
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`transmitting steps. Rather, it is likely that the prepending, dividing, and
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`transmission steps would still be occurring when the interrupt (sent “when the send
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`command has been given to the INIC completes”) is sent to the host. As I stated in
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`my Declaration in support of Petitioner’s opposition to the motion to amend, the
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`provisional application “does not disclose when the interrupt occurs or whether it
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`occurs before, after, or during a dividing step.” Ex. 1210, ¶ 35.
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`III. ERICKSON DOES NOT DISCLOSE SENDING INTERRUPTS TO
`THE HOST DURING EXECUTION OF THE UDPSCRIPT
`PROCEDURE
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`11. Dr. Almeroth argues in his Declaration (Ex. 2305) that Erickson
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`teaches and suggests reasons why the host would need to be interrupted to perform
`4
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`INTEL EX. 1255.006
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`the dividing, prepending, or transmitting steps of the substituted claims 33-48. For
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`the reasons below, I disagree.
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`12. Dr. Almeroth argues that the nextid() function of the udpscript
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`procedure disclosed in Erickson provides a monotonically increasing 16-bit
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`counter and that a POSA “would understand that the host processor and the
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`network interface processor would want to maintain consistency between the
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`count, and that to do so the network interface processer would issue interrupts to
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`the host processor during these steps.” Ex. 2305, ¶ 39. Dr. Almeroth provides no
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`other explanation for why the “count” would be stored on the host (if at all), why
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`any “consistency” would need to be maintained, or why consistency (if needed)
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`would be implemented by an undisclosed interrupt instead of the disclosed shared-
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`memory snooping mechanism.
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`13.
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`If Dr. Almeroth’s theory is true, Patent Owner’s claimed “invention”
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`of the 241 patent would need to also maintain this consistency with the host. There
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`is no disclosure in the 241 patent regarding the storage of the IP identification on
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`the host or maintaining consistency with the host. Thus, to the extent Erickson is
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`subject to this theory, Alacritech’s 241 patent claimed “invention” would be as
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`well.
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`14. As for nextid(), there is only a very limited disclosure in Erickson
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`regarding the function: “Within the udpscript procedure described above, the
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`5
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`INTEL EX. 1255.007
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`nextid() function provides a monotonically increasing 16-bit counter required by
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`the IP protocol.” Ex. 1005 at 8:10-12. It discloses that this function is executed on
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`the adapter (where udpscript is executed) and includes no disclosure of the
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`function storing any value on the host or any “consistency” requirement.
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`However, Erickson does disclose a mechanism used to provide shared access,
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`when required, through a snooping mechanism, and this mechanism allows one
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`processor to modify memory while giving the other processor a consistent view of
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`the modified memory locations without using interrupts.
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`15. Erickson discloses that “incoming data is then written to the virtual
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`memory and detected by polling or ‘snooping hardware’.” Ex. 1005 at 8:50-52.
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`Erickson clearly shows how the snooping works to allow the adapter and host to
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`read and write portions of each other’s memory, and this type of snooping does not
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`involve interrupts. The snooping design allows shared memory registers to be
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`physically located either in the host memory or adapter, but suggests locating the
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`registers for best efficiency.
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`It is possible to improve the performance of the present invention by
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`implementing a read-local, write-remote strategy. With such a
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`strategy, the present invention stores values which are likely to be
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`read in locations which are closest to the reading entity, whereas
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`values which are likely to be written are stored in locations which are
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`farthest away from the writing entity.
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`6
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`INTEL EX. 1255.008
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`Ex. 1005 at 6:25-31.
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`16. The value generated by the nextid function is used in the IP header as
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`the “Datagram ID”:
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`Ex. 1005 at Fig. 7.
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`17. As explained in Tanenbaum96, the IP Identification field is used by
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`
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`the destination host:
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`7
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`INTEL EX. 1255.009
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`U.S. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur-Reply Decl.”)
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`The Identification field is needed to allow the destination host to
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`determine which datagram a newly arrived fragment belongs to. All
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`the fragments of a datagram contain the same Identification value.
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`Ex. 1006 at .432. Thus, it is not clear why Dr. Almeroth believes that this “count”
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`would need to be synchronized or be made “consistent with the host.” As it is a
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`monotonically increasing number, a POSA would understand that an interrupt to
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`the host would be unnecessary since the value could be stored and calculated by
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`the network interface device.
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`18.
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` Dr. Almeroth also argues multiple interrupts to the host must be
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`triggered after each packet
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`is
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`transmitted
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`in order
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`to configure
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`the
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`senduserdatagram process for the next packet. Ex. 2305, ¶ 40. I disagree. As I
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`explained in my original declaration, a POSA would have created a script that
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`could send multiple packets. Ex. 1003.149-150. Thus, after setting up the script a
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`single time, the steps of dividing, prepending, and transmitting could all occur
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`multiple times without intervening interrupts to set up “pointers, memory
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`addresses, and “virtual registers.” Further, even if senduserdatagram required
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`multiple interrupts to setup after the transmission of a packet, there would still be
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`no interrupts being sent during the dividing, prepending, and transmitting
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`operations.
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`8
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`INTEL EX. 1255.010
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`US. Patent No. 7,337,241
`Ex. 1255 (“Horst Sur—Reply Decl.”)
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`Declaration
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`19.
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`I declare that all statements made herein on my own knowledge are
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`true and that all statements made on information and belief are believed to be true,
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`and further, that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable by fine or imprisonment, or both,
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`under Section 1001 of Title 18 of the United States Code.
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`Dated: June 1,2018
`
`or}
`r
`,
`'4
`/M 14/
`Robert Horst
`
`V
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`INTEL EX. 1255.011
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`INTEL EX. 1255.011
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`