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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC.,
`ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
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`v.
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`ACCELERATION BAY, LLC,
`Patent Owner.
`____________________
`
`Case IPR2015-019511
`Patent 6,714,966
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`__________________________________________________________
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`DECLARATION OF SCOTT SMITH IN SUPPORT OF
`PATENT OWNER’S RESPONSE
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`1 Bungie, Inc., who filed a Petition in IPR2016-00935, has been joined as a
`petitioner in this proceeding.
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`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 1
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`Declaration of Scott Smith
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`I, Scott Smith, declare as follows:
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`1.
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`I am over the age of majority and make this declaration of my own
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`personal knowledge.
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`2.
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`I was employed at Boeing, Inc. (“Boeing”) from 1989 - 2015 as an
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`Advanced Computing Researcher. In this position, I worked with Virgil
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`Bourassa and Fred Holt. We were in the same organization and regularly
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`discussed projects we worked on and made presentations at the same
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`meetings. From 1996 through at least 1999, Virgil Bourassa and Fred Holt
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`were working on a technology known as SWAN which I understand stands
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`for Small-World Wide Area Networking.
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`3.
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`At least as of Fall 1999, I observed SWAN working in extensive
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`prototype testing. For example, during this time, I observed that SWAN had
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`undergone beta evaluation internally at Boeing in the
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` application.
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` was a CAD visualization tool for airplane engineers. I understand
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`that SWAN was incorporated into
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`in order to allow collaborative
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`design reviews to take place at multiple, different locations with a large
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`number of participants.
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`4.
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`I understand that as part of this prototype testing, SWAN allowed peer-
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`to-peer communications among participants that were collaborating using
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` I observed SWAN working in this context along with a graphical
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`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 2
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`monitor that displayed a SWAN session. Below labeled as Figure 2 is an
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`accurate representation of such a SWAN session that I remember seeing:
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`5.
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`In addition to observing the prototyping of SWAN, I also attended
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`several presentations relating to the SWAN technology on or before Fall
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`1999. Virgil Bourassa presented the SWAN technology and explained how
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`- - 2
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`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 3
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`the technology was working at that time in
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` These presentations
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`demonstrated that SWAN had a working prototype no later than Fall 1999.
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`6.
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`I declare under penalty and perjury under the laws of the United States
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`of America that this declaration is true, complete, and accurate to the best of
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`my knowledge. I further acknowledge that willful false statements and the
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`like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001.
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`Executed at Issaquah, WA on July 17, 2016.
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`_________________________
`Scott Smith
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`- - 3
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`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 4
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