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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________________________
`
`
`
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`
`_____________________________
`
`DECLARATION OF DR. PAUL FRANCIS, Ph.D.
`
`
`
`
`
`0001
`
`BUNGIE - EXHIBIT 1020
`
`
`
`Petition for Inter Partes Review
`
`I, Dr. Paul Francis, Ph.D., declare as follows:
`
`1.
`
`I am a researcher and tenured faculty at the Max Planck Institute for
`
`Software Systems in Kajerslautern and Saarbrücken, Germany. Before joining the
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`Max Planck Institute, I held research or faculty positions at Cornell University,
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`ACIRI, NTT Software Labs, Bellcore, and MITRE, and was Chief Scientist at two
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`Silicon Valley startups. I received my Ph.D. from University College London
`
`(1994) in Computer Science. I received a B.S. in Electrical Engineering (1980)
`
`from Colorado State University.
`
`2. My professional curriculum vitae, including my publications and
`
`patents, is submitted as Exhibit 1006.
`
`3.
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`I am over the age of eighteen, and have personal knowledge of the
`
`facts stated in this declaration.
`
`4.
`
`I am being paid $1000 per hour to compensate for my time preparing
`
`this declaration. My compensation in no way depends on the substance of my
`
`testimony or the outcome of this or any proceeding.
`
`5.
`
`I am the author of Yallcast: Extending the Internet Multicast
`
`Architecture (the “Yallcast paper”). Ex.1005.
`
`6.
`
`I included the date I finalized the Yallcast paper (September 30, 1999)
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`on the first page of the paper.
`
`1
`
`0002
`
`
`
`7.
`
`The Yallcast paper describes the architecture and protocols for host-
`
`based content distribution, which I originally named Yallcast. I am the inventor of
`
`Yallcast, and was the organizer of the Yallcast project. I started the Yallcast
`
`project and first wrote the Yallcast paper when I was at NTT Software Labs in
`
`Tokyo, Japan.
`
`8.
`
`I also created a website (www.yallcast.com) to share information
`
`about my Yallcast project including the Yallcast paper with the public (“Yallcast
`
`website”). Ex. 1007.
`
`9. While I do not recall the exact date the Yallcast website was first
`
`completed, consistent with my goal to publicize the work, I believe I made it
`
`publicly accessible in or around September 1999.
`
`10.
`
`It was my practice to document changes made to the Yallcast website.
`
`For example, on the Yallcast project home page I noted, on December 15, 1999,
`
`that I added new information regarding Yallcast documentation and mailing lists.
`
`Id.
`
`11. On the Yallcast website, I provided various Yallcast documentation,
`
`including the Yallcast paper, as well as relevant specifications and slides for talks.
`
`Exhibit 1008. Consistent with my goal to publicize my work, I believe I updated
`
`0003
`
`
`
`the Yallcast website with new documentation shortly after, if not the same day, as
`
`a document was created, finalized, or updated.
`
`12.
`
`I made the Yallcast paper available in multiple formats, including post
`
`script, on the Yallcast website. I added the Yallcast paper to the Yallcast website
`
`shortly after (probably the same day or within a few days) that I finalized the paper
`
`(i.e., September 30, 1999). I verified my recollection that the Yallcast paper was
`
`completed on September 30, 1999 by checking the metadata of the post script file,
`
`which states “CreationDate: Thu Sep 30 17:02:29 1999”. Ex. 1009.
`
`13. The archived copy of the Yallcast website also identifies an earlier
`
`(September 22, 1999) version of the Yallcast paper. Ex. 1008. Consistent with my
`
`goal to publicize my work, I believe the earlier version of the Yallcast paper would
`
`have been placed on the Yallcast website on or within a few days after September
`
`22, 1999.
`
`14.
`
`I also set up mailing lists and list services for updating people
`
`interested in Yallcast. Ex. 1010.
`
`15. On December 15, 1999, I created a couple of online communities on
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`eGroup, one called Yallcast Announcements and another called Yallcast Discuss.
`
`Exs. 1011-1012. I used these groups as another way to share information about
`
`Yallcast.
`
`0004
`
`
`
`16.
`
`I gave several presentations about Yallcast, including in 1999. See
`
`Exs. 1013-1014. In particular, I recall giving a seminar in 1999 on Yallcast at the
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`University of Michigan. Exhibit 1013, notice of November 3, 1999 seminar at the
`
`University of Michigan).
`
`17. At these seminars in 1999, I would point the attendees to the Yallcast
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`website, where they could download the Yallcast paper. Exs. 1015-1016.
`
`18. Early in 2000, I changed the name of Yallcast to Yoid (“Your Own
`
`Internet Distribution”).
`
`19.
`
`I also created a new website for Yoid (www.icir.org/yoid). Ex. 1017.
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`This website was similar to the Yallcast website, but with some updates.
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`20.
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`I published Yoid documentation on this website, including the paper
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`titled, Yoid: Extending the Internet Multicast Architecture (the “Yoid paper”). Ex.
`
`1019. I made the Yoid paper available on the Yoid website around April 2, 2000.
`
`Ex. 1018.
`
`21. The only difference between the Yallcast paper and the Yoid paper is
`
`the name change from Yallcast to Yoid. Ex. 1019 at p. 4. I made this notation to
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`alert those who were already familiar with Yallcast that had been a name change,
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`but nothing else.
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`0005
`
`
`
`In signing this declaration, I understand that the declaration will be filed as
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`evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office, and that cross-examination may be
`
`requested of me. I declare that all statements made herein of my knowledge are
`
`true and correct, and that these statements were made with the knowledge that
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`willful false statements 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.
`
`Executed on this _____ day of ______, 2017.
`
`____________________
`
`Paul Francis, Ph.D.
`
`
`
`
`
`0006
`
`
`
`APPENDIX – LIST OF EXHIBITS
`
`I.
`
`
`Exhibit No.
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
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`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`Description
`Francis, Paul, Yallcast: Extending the Internet Multicast
`Architecture (Sep. 30, 1999) (“Yallcast paper”)
`Ciriculum Vitae of Dr. Paul Francis, Ph.D
`
`Sept. 2, 2000, snapshot of www.yallcast.com, from
`web.archive.org, the Wayback Machine, last visited Feb. 9,
`2017
`Feb. 17, 2001, snapshot of www.yallcast.com/docs/index.html,
`from web.archive.org, the Wayback Machine, last visited Feb.
`9, 2017
`Post-script encoding for Ex. 1005, Francis
`
`Feb. 17, 2001, snapshot of www.yallcast.com/mail/index.html,
`from web.archive.org, the Wayback Machine, last visited Feb.
`9, 2017
`Jun. 23, 2001, snapshot of groups.yahoo.com/group/yc-announce/,
`from web.archive.org, the Wayback Machine, last visited Feb.
`9, 2017
`Jun. 23, 2001, snapshot of groups.yahoo.com/group/yc-discuss/,
`from web.archive.org, the Wayback Machine, last visited Feb.
`9, 2017
`Oct. 19, 1999, USENET annoucement, group:umich.engin.cseg.
`“Software Seminar: Dr. Paurl Francis from NTT Software
`Lab…”,
`Nov. 7, 1999, USENET annoucement, group:la.seminars.
`“Seminar – Francis – Nov. 9 10am – Y’allcast architecture”
`Presentation – Yallcast Architecture Overview
`
`Presentation – Overview of Tallcast Dynamic Topology
`Configuration
`Apr. 3, 2002 snaptshot of www.icir.org/yoid/ from
`web.archive.org, the Wayback Machine, last visited Feb. 9,
`2017
`Aug. 31, 2002 snaptshot of www.icir.org/yoid/docs/index.html
`from web.archive.org, the Wayback Machine, last visited Feb.
`9, 2017
`
`0007
`
`
`
`1019
`
`Francis, Paul, Yoid: Extending the Internet Multicast Architecture
`(April 2, 2000) (“Yoid paper”)
`
`
`0008
`
`
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