`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`OLYMPUS CORPORATION, OLYMPUS AMERICA INC.
`Petitioners,
`
`
`v.
`
`
`PAPST LICENSING GmbH & Co. KG
`Patent Owner.
`
`
`Case No. IPR2017-01682
`Patent No. 6,470,399
`
`
`
`DECLARATION OF KEVIN ALMEROTH IN SUPPORT OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 6,470,399: CLAIMS
`1-8, 10-11, AND 13-15
`
`
`
`
`
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`OLYMPUS EX. 1003 - 1/87
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`TABLE OF CONTENTS
`
`I. 
`
`II. 
`
`Background and Qualifications .................................................................. - 3 - 
`
`Legal Standards and Background ............................................................. - 13 - 
`
`A. 
`
`B. 
`
`Person of Ordinary Skill in the Art ................................................ - 13 - 
`
`Claim Construction ........................................................................ - 14 - 
`
`C.  Validity ........................................................................................... - 14 - 
`
`III.  Overview of the ’399 Patent ..................................................................... - 17 - 
`
`IV.  Level of Ordinary Skill ............................................................................. - 20 - 
`
`V. 
`
`Claim Construction ................................................................................... - 20 - 
`
`VI.  Analysis of Claims 1-8, 10-11, and 13-15 ................................................ - 23 - 
`
`A. 
`
`Claims 1-4, 6-8, 11, and 13-15 are Unpatentable Over the
`Combination of Murata, Schmidt and Lin ..................................... - 23 - 
`
`1. 
`
`2. 
`
`3. 
`
`4. 
`
`5. 
`
`6. 
`
`Rationale for Combining Murata, Schmidt and Lin ............ - 23 - 
`
`Claim 1 [preamble] - “An interface device for communication
`between a host device, which comprises drivers for input/output
`devices customary in a host device and a multi-purpose
`interface, and a data
`transmit/receive device,
`the data
`transmit/receive device being arranged for providing analog
`data, comprising:” ................................................................ - 27 - 
`
`Claim 1[1a] - “a processor;” ................................................ - 35 - 
`
`Claim 1 [1b] - “a memory;” ................................................. - 35 - 
`
`Claim 1 [1c] - “a first connecting device for interfacing the host
`device with the interface device via the multi-purpose interface
`of the host device; and” ........................................................ - 36 - 
`
`Claim 1 [1d] - “a second connecting device for interfacing the
`interface device with the data transmit/receive device, the
`second connecting device including a sampling circuit for
`sampling the analog data provided by the data transmit/receive
`- i -
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`7. 
`
`8. 
`
`9. 
`
`device and an analog-to-digital converter for converting data
`sampled by the sampling circuit into digital data,” ............. - 36 - 
`
`Claim 1 [1e] - “wherein the interface device is configured by
`the processor and the memory to include a first command
`interpreter and a second command interpreter” ................... - 39 - 
`
`Claim 1[1f] - “wherein the first command interpreter is
`configured in such a way that the command interpreter, when
`receiving an inquiry from the host device as to a type of a
`device attached to the multi-purpose interface of the host
`device, sends a signal, regardless of the type of the data
`transmit/receive device attached to the second connecting
`device of the interface device, to the host device which signals
`to the host device that it is an input/output device customary in
`a host device, whereupon the host device communicates with
`the interface device by means of the driver for the input/output
`device customary in a host device, and” .............................. - 39 - 
`
`Claim 1[1g] - “wherein the second command interpreter is
`configured to interpret a data request command from the host
`device to the type of input/output device signaled by the first
`command interpreter as a data transfer command for initiating a
`transfer of the digital data to the host device.” .................... - 46 - 
`
`10.  Claim 2 - “An interface device according to claim 1, wherein
`the drivers for input/output drivers customary in a host device
`comprise a hard disk driver, and the signal indicates to the host
`device that the host device is communicating with a hard disk.”-
`49 - 
`
`11.  Claim 3 - “An interface device according to claim 1, wherein
`the memory means comprises a buffer to buffer data to be
`transferred between the data transmit/receive device and the
`host device.” ......................................................................... - 51 - 
`
`12.  Claim 4 - “An interface device according to claim 1, wherein
`the multi-purpose interface of the host device is an SCSI
`interface and the first connecting device also comprises an
`SCSI interface” .................................................................... - 52 - 
`
`- ii -
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`13.  Claim 6 - “An interface device according to claim 2, wherein
`the data to be transferred from the data transmit/receive device
`to the host device in the interface device is formatted in a
`suitable format for a hard disk present in the host device.” . - 52 - 
`
`14.  Claim 7 - “An interface device according to claim 2, which
`further comprises a root directory and virtual files which are
`present on the signaled hard disk drive and which can be
`accessed from the host device” ............................................ - 54 - 
`
`15.  Claim 8 -“An interface device according to claim 7, wherein the
`virtual files comprise a configuration file in text format which
`are stored in the memory means and using which the user can
`configure
`the
`interface device
`for
`a
`specific data
`transmit/receive device.” ...................................................... - 56 - 
`
`16.  Claim 11 [preamble] - “An interface device for communication
`between a host device, which comprises a multi-purpose
`interface and a specific driver for this interface, and a data
`transmit/receive device, the data transmit/receive device being
`arranged for providing analog data, comprising:” ............... - 57 - 
`
`17.  Claim 11[11a] - “a processor;” ............................................ - 58 - 
`
`18.  Claim 11[11b] - “a memory;” .............................................. - 58 - 
`
`19.  Claim 11 [11c] - “a first connecting device for interfacing the
`host device with the interface device via the multi-purpose
`interface of the host device; and”......................................... - 58 - 
`
`20.  Claim 11 [11d] - “a second connecting device for interfacing
`the interface device with the data transmit/receive device, the
`second connecting device including a sampling circuit for
`sampling the analog data provided by the data transmit/receive
`device and an analog-to-digital converter for converting data
`sampled by the sampling circuit into digital data,” ............. - 59 - 
`
`21.  Claim 11 [11e] - “where the interface device is configured
`using the processor and the memory to include a first command
`interpreter and a second command interpreter,” .................. - 59 - 
`
`- iii -
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`22.  Claim 11 [11f] - “wherein the first command interpreter is
`configured in such a way that the interface device, when
`receiving an inquiry from the host device as to the type of a
`device attached at the multi-purpose interface of the host
`device, sends a signal, regardless of the type of the data
`transmit/receive device attached to the second connecting
`device of the interface device, to the host device which signals
`to the host device that it is an input/output device customary in
`a host device, whereupon the host device communicates with
`the interface device by means of the specific driver for the
`multi-purpose interface, and” ............................................... - 59 - 
`
`23.  Claim 11 [11g] - “wherein the second command interpreter is
`configured to interpret a data request command from the host
`device to the type of input/output device signaled by the first
`command interpreter as a data transfer command for initiating a
`transfer of the digital data to the host device.” .................... - 61 - 
`
`24.  Claim 13 - “An interface device according to claim 11, wherein
`the multi-purpose interface is an SCSI interface, and wherein
`the specific driver for the multi-purpose interface is an ASPI
`manager.” ............................................................................. - 61 - 
`
`25.  Claim 14 [preamble] - “A method of communication between a
`host device, which comprises drivers for input/output devices
`customary in a host device and a multi-purpose interface, and a
`data transmit/receive device, the data transmit/receive device
`being arranged for providing analog data, via an interface
`device, comprising:” ............................................................ - 63 - 
`
`26.  Claim 14 [14a] - “interfacing of the host device with a first
`connecting device of the interface device via the multi-purpose
`interface of the host device;” ............................................... - 64 - 
`
`27.  Claim 14 [14b] - “interfacing of the data transmit/receive
`device with a second connecting device of the interface device,
`the second connecting device including a sampling circuit for
`sampling the analog data provided by the data/transmit/receive
`device and an analog-to-digital converter for converting data
`sampled by the sampling circuit into digital data;” ............. - 64 - 
`
`- iv -
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`28.  Claim 14 [14c] - “inquiring by the host device at the interface
`device as to the type of device to which the multi-purpose
`interface of the host device is attached;” ............................. - 66 - 
`
`29.  Claim 14 [14d] - “regardless of the type of the data
`transmit/receive data attached to the second connecting device
`of the interface device, responding to the inquiry from the host
`device by the interface device in such a way that it is an
`input/output device customary in a host device, whereupon the
`host device communicates with the interface device by means
`of the usual driver for the input/output device, and” ........... - 67 - 
`
`30.  Claim 14 [14e] - “interpreting a data request command from the
`host device to the type of input/output device customary in the
`host device as a data transfer command for initiating a transfer
`of the digital data to the host device.” ................................. - 69 - 
`
`31.  Claim 15 - “A method according to claim 14, wherein the
`drivers for input/output devices customary in a host device
`comprise a driver for a storage device and in particular for a
`hard disk drive.” ................................................................... - 72 - 
`
`B. 
`
`Claim 5 is Unpatentable Over the Combination of Murata,
`Schmidt, Lin and The Microsoft Press® Computer Dictionary .... - 73 - 
`
`1. 
`
`2. 
`
`Rationale for Combining Murata, Schmidt, Lin and The
`Microsoft Press® Computer Dictionary ............................... - 73 - 
`
`Claim 5 - “An interface device according to claim 1, wherein
`the processor is a digital signal processor” .......................... - 74 - 
`
`C. 
`
`Claim 10 is Unpatentable Over the Combination of Murata,
`Schmidt, Lin and Beretta ................................................................ - 75 - 
`
`1. 
`
`2. 
`
`Rationale for Combining Murata, Schmidt, Lin and Beretta- 75
`- 
`
`Claim 10 -“An interface device according to claim 7, wherein
`the virtual files comprise batch files or executable files for the
`host device which are stored in the interface device.” ......... - 77 - 
`
`- v -
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`OLYMPUS EX. 1003 - 6/87
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`I, Kevin C. Almeroth, hereby declare and state as follows:
`
`1.
`
`I have been retained as a technical consultant on behalf of
`
`Olympus Corporation and Olympus America Inc. I understand that the Petitioner
`
`(collectively) in the present proceeding is Olympus Corporation and Olympus
`
`America Inc. I understand that the Petition also names as potential real parties-in-
`
`interest: Huawei Device USA Inc., Huawei Device Co., Ltd., Huawei Device
`
`(Dongguan) Co., Ltd., Huawei Technologies Co., Ltd., Huawei Technologies
`
`USA, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics
`
`Mobilecomm U.S.A., Inc., ZTE (USA) Inc., and ZTE Corporation.
`
`2.
`
`I have no financial interest in, or affiliation with, the Petitioner,
`
`real parties-in-interest, or the patent owner, which I understand to be Papst
`
`Licensing GmbH & Co. KG. I have no financial interest in, or affiliation with, the
`
`Petitioner, real parties-in-interest, or the patent owner, which I understand to be
`
`Papst Licensing GmbH & Co. KG. My compensation is not dependent upon the
`
`outcome of, or my testimony in, the present inter partes review or any litigation
`
`proceedings.
`
`3.
`
`I have drafted, reviewed or provided from my own files each of
`
`the documents in the following table (which I am informed are also identified in
`
`the Petition):
`
`
`
`- 1 -
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`OLYMPUS EX. 1003 - 7/87
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`
`
`Exhibit
`
`Description
`
`Ex. 1001
`
`U.S. Patent No. 6,470,399 B1
`
`Ex. 1002
`
`File History for U.S. Patent No. 6,470,399
`
`Ex. 1004
`
`Curriculum vitae of Kevin C. Almeroth
`
`Ex. 1005
`
`U.S. Patent No. 5,508,821 to Murata
`
`Ex. 1006
`
`Ex. 1007
`
`Friedhelm Schmidt, The SCSI Bus and IDE Interface (1995)
`
`The Microsoft Press® Computer Dictionary (2nd ed. 1994)
`
`Ex. 1008
`
`U.S. Patent No. 6,522,432 to Lin
`
`Ex. 1009
`
`Ex. 1010
`
`Ex. 1011
`
`Ex. 1012
`
`Ex. 1013
`
`Ex. 1014
`
`Ex. 1015
`Ex. 1016
`
`Ex. 1017
`
`Papst’s Opening Claim Constr. Brief and Appendix 8 of Papst’s
`Opening Claim Constr. Brief, Papst Licensing GmbH & Co., KG
`v. Apple, Inc., et al., No. 6:15-cv-01095-RWS (E.D. Tex. Nov. 22,
`2016)
`Papst’s Opening Claim Constr. Brief and Decl. of Robert
`Zeidman, In re Papst Licensing Digital Camera Patent Litig.,
`MDL No. 1880, No. 1:07-mc-00493, (D.D.C. June 3, 2016)
`Am. Nat’l Standards Inst., Inc., Am. Nat’l Standard for Info.
`Sys’s, Small Computer Sys. Interface-2, ANSI X3.131-1994
`(1994) (“SCSI Specification”)
`In re Papst Licensing Digital Camera Patent Litig., 778 F.3d
`1255, 1265 (Fed. Cir. 2015)
`The Microsoft Press® Computer Dictionary (2nd ed. 1994)
`
`U.S. Patent No. 5,850,484 to Beretta et al.
`
`Intentionally left blank
`File History for U.S. Patent Application No. 08/411,369
`
`Comparison of excerpts of File History for U.S. Patent
`Application No. 08/411,369 (Ex. 1016) and U.S. Patent No.
`5,850,484 to Beretta et al. (Ex. 1014)
`- 2 -
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`OLYMPUS EX. 1003 - 8/87
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`Exhibit
`
`Description
`
`Ex. 1018
`
`U.S. Patent No. 4,589,063
`
`Ex. 1019
`
`U.S. Patent No. 5,038,320
`
`Ex. 1020
`
`U.S. Patent No. 5,787,246
`
`Ex. 1021
`
`Intentionally left blank
`
`Ex. 1022
`
`Ex. 1023
`
`
`
`Papst’s Brief, In re Papst Licensing Digital Camera Patent Litig.,
`No. 2014-1110 (Fed. Cir., February 20, 2014)
`
`Rufus P. Turner et al., The Illustrated Dictionary of Electronics
`(1991)
`
`4.
`
`I understand that the application leading to U.S. Patent No.
`
`6,470,399 (“the ʼ399 patent”) was Application No. 09/331,002, filed June 14,
`
`1999, which claims priority to Patent Cooperation Treaty (PCT) Application No.
`
`PCT/EP98/01187 filed March 3, 1998. Ex. 1002, at 8. The ’399 patent purports to
`
`also claim priority to German Application No. 197 08 755.8 filed March 4, 1997.
`
`Id. For purposes of my analysis, I assume the time of the purported invention to be
`
`no earlier than March 4, 1997.
`
`I.
`
`BACKGROUND AND QUALIFICATIONS
`5.
`
`I hold three degrees from the Georgia Institute of Technology:
`
`(1) a Bachelor of Science degree in Information and Computer Science (with
`
`minors in Economics, Technical Communication, American Literature) earned in
`
`June, 1992; (2) a Master of Science degree in Computer Science (with
`
`- 3 -
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`OLYMPUS EX. 1003 - 9/87
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`specialization in Networking and Systems) earned in June, 1994; and (3) a Doctor
`
`of Philosophy (Ph.D.) degree in Computer Science (Dissertation Title: Networking
`
`and System Support for the Efficient, Scalable Delivery of Services in Interactive
`
`Multimedia System, minor in Telecommunications Public Policy) earned in June,
`
`1997. During my education, I have taken a wide variety of courses as
`
`demonstrated by my minor. My undergraduate degree also included a number of
`
`courses are more typical of a degree in electrical engineering including digital
`
`logic, signal processing, and telecommunications theory.
`
`6.
`
`One of the major themes of my research has been the delivery
`
`of multimedia content and data between computing devices and users. In my
`
`research I have looked at large-scale content delivery systems and the use of
`
`servers located in a variety of geographic locations to provide scalable delivery to
`
`hundreds, even thousands, of users simultaneously. I have also looked at smaller-
`
`scale content delivery systems
`
`in which content,
`
`including
`
`interactive
`
`communication like voice and video data, is exchanged between computers and
`
`portable computing devices. As a broad theme, my work has examined how to
`
`exchange content more efficiently across computer networks, including the devices
`
`that switch and route data traffic. More specific topics include the scalable
`
`delivery of content to many users, mobile computing, satellite networking,
`
`- 4 -
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`OLYMPUS EX. 1003 - 10/87
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`delivering content to mobile devices, and network support for data delivery in
`
`wireless network.
`
`7.
`
`Beginning in 1992, when I started graduate school, the first
`
`focus of my research was on the provision of interactive functions (VCR-style
`
`functions like pause, rewind, and fast-forward) for near video-on-demand systems
`
`in cable systems, in particular, how to aggregate requests for movies at a cable
`
`head-end and then how to satisfy a multitude of requests using one audio/video
`
`stream broadcast to multiple receivers simultaneously. Continued evolution of this
`
`research has resulted in the development of new techniques to scalably deliver on-
`
`demand content, including audio, video, web documents, and other types of data,
`
`through the Internet and over other types of networks, including over cable systems,
`
`broadband telephone lines, and satellite links.
`
`8.
`
`An important component of my research from the very
`
`beginning has been investigating the challenges of communicating multimedia
`
`content between computers and across networks. Although the early Internet was
`
`designed mostly for text-based non-real time applications, the interest in sharing
`
`multimedia content quickly developed. Multimedia-based applications ranged
`
`from downloading content to a device to streaming multimedia content to be
`
`instantly used. One of the challenges was that multimedia content is typically
`
`larger than text-only content but there are also opportunities to use different
`
`- 5 -
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`OLYMPUS EX. 1003 - 11/87
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`delivery techniques since multimedia content is more resilient to errors. I have
`
`worked on a variety of research problems and used a number of systems that were
`
`developed to deliver multimedia content to users.
`
`9.
`
`In 1994, I began to research issues associated with the
`
`development and deployment of a one-to-many communication facility (called
`
`“multicast”) in the Internet (first deployed as the Multicast Backbone, a virtual
`
`overlay network supporting one-to-many communications). Some of my more
`
`recent research endeavors have looked at how to use the scalability offered by
`
`multicast to provide streaming media support for complex applications like
`
`distance learning, distributed collaboration, distributed games, and large-scale
`
`wireless communications. Multicast has also been used as the delivery mechanism
`
`in systems that perform local filtering (i.e., sending the same content to a large
`
`number of users and allowing them to filter locally content in which they are not
`
`interested).
`
`10. Starting in 1997, I worked on a project to integrate the
`
`streaming media capabilities of the Internet together with the interactivity of the
`
`web. I developed a project called the Interactive Multimedia Jukebox (IMJ).
`
`Users would visit a web page and select content to view. The content would then
`
`be scheduled on one of a number of channels, including delivery to students in
`
`- 6 -
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`Georgia Tech dorms delivered via the campus cable plant. The content of each
`
`channel was delivered using multicast communication.
`
`11.
`
`In the IMJ, the number of channels varied depending on the
`
`capabilities of the server including the available bandwidth of its connection to the
`
`Internet. If one of the channels was idle, the requesting user would be able to
`
`watch their selection immediately. If all channels were streaming previously
`
`selected content, the user’s selection would be queued on the channel with the
`
`shortest wait time. In the meantime, the user would see what content was currently
`
`playing on other channels, and because of the use of multicast, would be able to
`
`join one of the existing channels and watch the content at the point it was currently
`
`being transmitted.
`
`12. The IMJ service combined the interactivity of the web with the
`
`streaming capabilities of the Internet to create a jukebox-like service. It supported
`
`true Video-on-Demand when capacity allowed, but scaled to any number of users
`
`based on queuing requested programs. As part of the project, we obtained
`
`permission from Turner Broadcasting to transmit cartoons and other short-subject
`
`content. We also attempted to connect the IMJ into the Georgia Tech campus
`
`cable television network so that students in their dorms could use the web to
`
`request content and then view that content on one of the campus’s public access
`
`channels.
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`- 7 -
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`13. More recently, I have also studied issues concerning how users
`
`choose content, especially when considering the price of that content. My research
`
`has examined how dynamic content pricing can be used to control system load. By
`
`raising prices when systems start to become overloaded (i.e., when all available
`
`resources are fully utilized) and reducing prices when system capacity is readily
`
`available, users’ capacity to pay as well as their willingness can be used as factors
`
`in stabilizing the response time of a system. This capability is particularly useful
`
`in systems where content is downloaded or streamed to users on-demand.
`
`14. As a parallel research theme, starting in 1997, I began
`
`researching issues related to wireless devices. In particular, I was interested in
`
`showing how to provide greater communication capability to “lightweight
`
`devices,” i.e., small form-factor, resource-constrained (e.g., CPU, memory,
`
`networking, and power) devices.
`
`15. Starting in 1998, I published several papers on my work to
`
`develop a flexible, lightweight, battery-aware network protocol stack. The
`
`lightweight protocols we envisioned were similar in nature to protocols like
`
`Universal Plug and Play (UPnP) and Digital Living Network Alliance (DLNA).
`
`16. From this initial work, I have made wireless networking—
`
`including ad hoc and mesh networks and wireless devices—one of the major
`
`themes of my research. One topic includes developing applications for mobile
`
`- 8 -
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`devices, for example, virally exchanging and tracking “coupons” through
`
`“opportunistic contact” (i.e., communication with other devices coming into
`
`communication range with a user). Other topics include building network
`
`communication among a set of mobile devices unaided by any other kind of
`
`network infrastructure. Yet another theme is monitoring wireless networks, in
`
`particular different variants of IEEE 802.11 compliant networks, to (1) understand
`
`the operation of the various protocols used in real-world deployments, (2) use these
`
`measurements to characterize use of the networks and identify protocol limitations
`
`and weaknesses, and (3) propose and evaluate solutions to these problems.
`
`17. Protecting networks, including their operation and content, has
`
`been an underlying theme of my research almost since the beginning. Starting in
`
`2000, I have also been involved in several projects that specifically address
`
`security, network protection, and firewalls. After significant background work, a
`
`team on which I was a member successfully submitted a $4.3M grant proposal to
`
`the Army Research Office (ARO) at the Department of Defense to propose and
`
`develop a high-speed intrusion detection system. Once the grant was awarded, we
`
`spent several years developing and meeting the milestones of the project. I have
`
`also used firewalls in developing techniques for the classroom to ensure that
`
`students are not distracted by online content.
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`- 9 -
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`18. As an important component of my research program, I have
`
`been involved in the development of academic research into available technology
`
`in the market place. One aspect of this work is my involvement in the Internet
`
`Engineering Task Force (IETF) including many content delivery-related working
`
`groups like the Audio Video Transport (AVT) group, the MBone Deployment
`
`(MBONED) group, Source Specific Multicast (SSM) group, the Inter-Domain
`
`Multicast Routing (IDMR) group, the Reliable Multicast Transport (RMT) group,
`
`the Protocol Independent Multicast (PIM) group, etc. I have also served as a
`
`member of
`
`the Multicast Directorate (MADDOGS), which oversaw
`
`the
`
`standardization of all things related to multicast in the IETF. Finally, I was the
`
`Chair of the Internet2 Multicast Working Group for seven years.
`
`19.
`
`I am an author or co-author of nearly 200 technical papers,
`
`published software systems, IETF Internet Drafts and IETF Request for Comments
`
`(RFCs).
`
`20. My involvement in the research community extends to
`
`leadership positions for several journals and conferences. I am the co-chair of the
`
`Steering Committee for the ACM Network and System Support for Digital Audio
`
`and Video (NOSSDAV) workshop and on the Steering Committees for the
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`International Conference on Network Protocols (ICNP), ACM Sigcomm
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`Workshop on Challenged Networks (CHANTS), and IEEE Global Internet (GI)
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`Symposium. I have served or am serving on the editorial boards of IEEE/ACM
`
`Transactions on Networking, IEEE Transactions on Mobile Computing, IEEE
`
`Transactions on Networks and System Management, IEEE Network, ACM
`
`Computers in Entertainment, AACE Journal of Interactive Learning Research
`
`(JILR), and ACM Computer Communications Review.
`
`21.
`
`I have co-chaired a number of conferences and workshops
`
`including the IEEE International Conference on Network Protocols (ICNP), ACM
`
`International Conference on Next Generation Communication (CoNext), IEEE
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`Conference on Sensor, Mesh and Ad Hoc Communications and Networks
`
`(SECON), International Conference on Communication Systems and Networks
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`(COMSNETS),
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`IFIP/IEEE
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`International Conference on Management of
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`Multimedia Networks and Services (MMNS), the International Workshop On
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`Wireless Network Measurement (WiNMee), ACM Sigcomm Workshop on
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`Challenged Networks (CHANTS), the Network Group Communication (NGC)
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`workshop, and the Global Internet Symposium; and I have been on the program
`
`committee of numerous conferences.
`
`22. Furthermore, in the courses I teach, the class spends significant
`
`time covering all aspects of the Internet including each of the layers of the Open
`
`System Interconnect (OSI) protocol stack commonly used in the Internet. These
`
`layers include the physical and data link layers and their handling of signal
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`modulation, error control, and data transmission. I also teach DOCSIS, DSL, and
`
`other standardized protocols for communicating across a variety of physical media
`
`including cable systems, telephone lines, wireless, and high-speed Local Area
`
`Networks (LANs). I teach the configuration and operation of switches, routers,
`
`and gateways including routing and forwarding and the numerous respective
`
`protocols as they are standardized and used throughout the Internet. Topics
`
`include a wide variety of standardized Internet protocols at the Network Layer
`
`(Layer 3), Transport Layer (Layer 4), and above.
`
`23.
`
`In addition, I co-founded a technology company called Santa
`
`Barbara Labs that was working under a sub-contract from the U.S. Air Force to
`
`develop very accurate emulation systems for the military’s next generation
`
`internetwork. Santa Barbara Labs’ focus was in developing an emulation platform
`
`to test the performance characteristics of the network architecture in the variety of
`
`environments in which it was expected to operate, and in particular, for network
`
`services including IPv6, multicast, Quality of Service (QoS), satellite-based
`
`communication, and security. Applications for this emulation program included
`
`communication of a variety of multimedia-based services. Within this testing
`
`infrastructure, we used a wide range of switches and routers.
`
`24.
`
`In addition to having co-founded a technology company myself,
`
`I have worked for, consulted with, and collaborated with companies such as IBM,
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`Hitachi Telecom, Digital Fountain, RealNetworks, Intel Research, Cisco Systems,
`
`and Lockheed Martin.
`
`25.
`
`I am a Member of the Association of Computing Machinery
`
`(ACM) and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
`
`26. Further details about my background, qualifications, and
`
`experience are included in my curriculum vitae (“CV”) submitted herewith as Ex.
`
`1004.
`
`II. LEGAL STANDARDS AND BACKGROUND
`27.
`I have been informed of a number of legal standards that govern
`
`my analysis, including those discussed below. For example, a proper validity
`
`analysis includes resolving the level of ordinary skill in the pertinent art,
`
`determining the scope and content of the prior art, and ascertaining the differences
`
`between the claimed invention and the prior art. I address all of these factors in my
`
`declaration below.
`
`A.
`
`Person of Ordinary Skill in the Art
`28.
`
`I have been advised that the claims of a patent are reviewed
`
`from the point of view of a hypothetical person of ordinary skill in the art at the
`
`time of the filing of the patent. The “art” is the field of technology to which a
`
`patent is related. I understand that the purpose of using the viewpoint of a person
`
`of ordinary skill in the art is for objectivity.
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`B. Claim Construction
`29.
`It is my understanding that terms should be given their broadest
`
`reasonable construction in an IPR. Under this standard, the terms should be given
`
`their ordinary and customary meaning to one of ordinary skill in the art at the time
`
`of invention, unless the patent teaches of a different meaning within the
`
`specification.
`
`30.
`
`I understand the appropriate context in which to read a claim
`
`term includes both the specification and the claim language itself.
`
`C. Validity
`31.
`I understand that the Petitioner bears the burden of proving the
`
`instituted grounds of invalidity by a preponderance of the evidence. I understand
`
`that a “preponderance” means “more likely than not.” I understand that general
`
`and conclusory assertions, without underlying factual evidence, may not support a
`
`conclusion that something is “more likely than not.”
`
`32. Rather, the preponderance of the evidence standard requires
`
`that a reasonable finder of fact be convinced that the existence of a specific
`
`material fact is more probable than the non-existence of that fact. The
`
`preponderance of the evidence standard does not support speculation regarding
`
`specific facts, and is instead focused on whether the evidence more likely than not
`
`demonstrates the existence or non-existence of specific material facts. Here, I
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`understand that Petitioner has argued that the claims at issue are obvious in view of
`
`certain prior art references.
`
`33.
`
`I have been informed that a reference may qualify as prior art as
`
`to the patents-in-suit if it was known or used by others in this country, or patented
`
`or described in a printed publication in this or a foreign country, before the
`
`invention by the patent h