`
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`ACTIVISION BLIZZARD, INC.,
`ELECTRONIC ARTS INC.,
`TAKE-TWO INTERACTIVE SOFTWARE, INC.,
`2K SPORTS, INC.,
`ROCKSTAR GAMES, INC., and
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`ACCELERATION BAY, LLC,
`Patent Owner.
`____________________
`
`Case IPR2015-019511
`Patent 6,714,966
`
`__________________________________________________________
`
`DECLARATION OF SCOTT SMITH IN SUPPORT OF
`PATENT OWNER’S RESPONSE
`
`1 Bungie, Inc., who filed a Petition in IPR2016-00935, has been joined as a
`petitioner in this proceeding.
`
`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 1
`
`
`
`Declaration of Scott Smith
`
`I, Scott Smith, declare as follows:
`
`1.
`
`I am over the age of majority and make this declaration of my own
`
`personal knowledge.
`
`2.
`
`I was employed at Boeing, Inc. (“Boeing”) from 1989 - 2015 as an
`
`Advanced Computing Researcher. In this position, I worked with Virgil
`
`Bourassa and Fred Holt. We were in the same organization and regularly
`
`discussed projects we worked on and made presentations at the same
`
`meetings. From 1996 through at least 1999, Virgil Bourassa and Fred Holt
`
`were working on a technology known as SWAN which I understand stands
`
`for Small-World Wide Area Networking.
`
`3.
`
`At least as of Fall 1999, I observed SWAN working in extensive
`
`prototype testing. For example, during this time, I observed that SWAN had
`
`undergone beta evaluation internally at Boeing in the
`
` application.
`
` was a CAD visualization tool for airplane engineers. I understand
`
`that SWAN was incorporated into
`
`in order to allow collaborative
`
`design reviews to take place at multiple, different locations with a large
`
`number of participants.
`
`4.
`
`I understand that as part of this prototype testing, SWAN allowed peer-
`
`to-peer communications among participants that were collaborating using
`
` I observed SWAN working in this context along with a graphical
`
`
`
`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 2
`
`
`
`monitor that displayed a SWAN session. Below labeled as Figure 2 is an
`
`accurate representation of such a SWAN session that I remember seeing:
`
`5.
`
`In addition to observing the prototyping of SWAN, I also attended
`
`several presentations relating to the SWAN technology on or before Fall
`
`1999. Virgil Bourassa presented the SWAN technology and explained how
`
`
`
`
`
`
`- - 2
`
`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 3
`
`
`
`the technology was working at that time in
`
` These presentations
`
`demonstrated that SWAN had a working prototype no later than Fall 1999.
`
`6.
`
`I declare under penalty and perjury under the laws of the United States
`
`of America that this declaration is true, complete, and accurate to the best of
`
`my knowledge. I further acknowledge that willful false statements and the
`
`like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001.
`
`Executed at Issaquah, WA on July 17, 2016.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_________________________
`Scott Smith
`
`
`
`
`- - 3
`
`Patent Owner Acceleration Bay, LLC - Ex. 2009, p. 4
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
