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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________
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`GOOGLE, INC.,
`Petitioner,
`
`v.
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`UNILOC USA, INC. and UNILOC LUXEMBOURG, S.A.,
`Patent Owner.
`
`_________________
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`Declaration of Stuart J. Lipoff
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`GOOGLE EXHIBIT 1002
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`Page 1 of 90
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`I.
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`II.
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`III.
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`IV.
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`V.
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`VI.
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`Declaration of Stuart J. Lipoff
`U.S. Patent No. 8,571,194
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`TABLE OF CONTENTS
`Introduction ......................................................................................................................... 1
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`Qualifications and Background........................................................................................... 1
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`Summary of Opinions ......................................................................................................... 7
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`State of the Art .................................................................................................................... 7
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`A.
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`B.
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`Overview of Liversidge ......................................................................................... 14
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`Overview of Beyda ............................................................................................... 20
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`Overview of the ’194 Patent ............................................................................................. 22
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`Legal Standard .................................................................................................................. 24
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`A.
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`B.
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`Claim Construction ............................................................................................... 25
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`Obviousness Under 35 U.S.C. § 103 .................................................................... 25
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`VII. Person of Ordinary Skill in the Art ................................................................................... 26
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`VIII. Claim Construction ........................................................................................................... 27
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`A.
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`B.
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`“without requiring registration” ............................................................................ 27
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`“said display for the first party” ............................................................................ 29
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`IX. Unpatentability .................................................................................................................. 30
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`A.
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`B.
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`C.
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`D.
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`E.
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`F.
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`G.
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`Claim 1 .................................................................................................................. 31
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`Claim 2 .................................................................................................................. 47
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`Claim 3 .................................................................................................................. 48
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`Claim 4 .................................................................................................................. 56
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`Claim 5 .................................................................................................................. 62
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`Independent Claims 6 and 11 ................................................................................ 66
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`Claims 7-10 and 12-15 .......................................................................................... 72
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`Independent Claim 16 ........................................................................................... 73
`H.
`Conclusion ........................................................................................................................ 87
`i
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`X.
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`I.
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`Declaration of Stuart J. Lipoff
`U.S. Patent No. 8,571,194
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`Introduction
`I, Stuart J. Lipoff, submit this declaration to state my opinions on the
`1.
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`matters described below.
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`2.
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`I have been retained by Google, Inc., as an independent expert in this
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`proceeding before the United States Patent and Trademark Office.
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`3.
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`I understand that this proceeding involves U.S. Patent No. 8,571,194
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`(“the ’194 patent”), and I have been asked to provide my opinions as to the
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`patentability or unpatentability of certain claims of the ’194 patent.
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`4.
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`This declaration sets forth my opinions, which I have formed in this
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`proceeding based on my study of the evidence, my understanding as an expert in
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`the field, and my education, training, research, knowledge, and personal and
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`professional experience.
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`5.
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`I am being compensated for my time at the rate of $375.00 per hour
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`for my work. This compensation is in no way contingent upon the nature of my
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`findings, the presentation of my findings in testimony, or the outcome of this
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`proceeding.
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`II. Qualifications and Background
`I believe that I am well qualified to serve as a technical expert in this
`6.
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`matter based upon my educational and work experience.
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`Declaration of Stuart J. Lipoff
`U.S. Patent No. 8,571,194
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`7.
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`I understand that my curriculum vitae (“CV)” is being filed in this
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`proceeding as Exhibit 1003.
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`8.
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`I am currently the president of IP Action Partners Inc., which is a
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`consulting practice serving the telecommunications, information technology,
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`media, electronics, and e-business industries.
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`9.
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`Through consulting projects, industry involvement, and educational
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`studies, I have gained substantial experience with the technologies at issue in this
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`proceeding. For example, I have prepared analyses and programs relating to voice
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`over internet protocol technology, including an engineering simulation and
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`analysis of the impact of over the top voice over IP telephony services for the
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`National Cable Telecommunications Association Cableshow. I have also worked
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`with clients to select voice over internet protocol codes and algorithms that support
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`the client’s current products offering cordless industrial voice telephony over a
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`quality of service managed wireless IP network. I have also led a project for the
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`Multimedia Cable Network Systems consortium that developed a roadmap and
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`specific framework for evolving the business from simple high speed internet
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`services to multimedia broadband services combining voice, data, and secure
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`electronic content delivery. I am very familiar with chat and instant messaging
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`technology due to a combination of usage as well as the integration of this
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`technology into other systems. I began using this technology on mainframe
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`timeshare computers on the Xerox Data Systems 940 computers in the 1960s
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`U.S. Patent No. 8,571,194
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`continuing to explore such services on Compuserve in the 1980s followed by
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`similar experiences with AOL, Yahoo, Internet Relay Chat, Skype, and many
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`others. I have developed software to interface cellular short message service into
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`email and chat services and vice versa. I have recently performed a project that
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`required researching early presence systems such as circa 1980 MIT Zephyr
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`protocol and chat integrated into multiplayer game systems such as the 1990s iFrag
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`front end for DOOM. I have worked with clients who make strategic use of IM and
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`SMS for alarm system notification to alert on call corporate IT staff for a need for
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`their quick response services. I have also implemented my own integrated home
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`unified messaging system that integrates VoIP with IM and email using SIP
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`protocols. In other work, I performed a design review of a SIP based IMS telecom
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`system for Comcast. I have used early PC based multimedia internet software such
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`as CU See Me and Netmeeting. I also regularly employ Web Conferencing systems
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`that integrate voice with other meeting in the course of providing my consulting
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`services to clients.
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`10.
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`I earned a Bachelor of Science degree in Electrical Engineering in
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`1968 and a second Bachelor of Science degree in Engineering Physics in 1969,
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`both from Lehigh University. I also earned a Master of Science degree in Electrical
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`Engineering from Northeastern University in 1974, and a Master of Business
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`Declaration of Stuart J. Lipoff
`U.S. Patent No. 8,571,194
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`Administration degree from Suffolk University in 1983.
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`11.
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`I hold a Federal Communications Commission (“FCC”) General
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`Radiotelephone License. I also hold a Certificate in Data Processing (“CDP”) from
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`the Association for Computing Machinery (“ACM”)-supported Institute for the
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`Certification of Computing Professionals (“ICCP”).
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`12.
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`I am a registered professional engineer in the Commonwealth of
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`Massachusetts and in the State of Nevada.
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`13.
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`I am a fellow of the IEEE Consumer Electronics, Communications,
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`Computer, Circuits, and Vehicular Technology Groups. I have been a member of
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`the IEEE Consumer Electronics Society National Board of Governors (formerly
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`known as the Administrative Committee) since 1981, and I was the Boston Chapter
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`Chairman of the IEEE Vehicular Technology Society from 1974 to 1976. I served
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`as the 1996-1997 President of the IEEE Consumer Electronics Society, and have
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`also served as Chairman of the Society’s Technical Activities and Standards
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`Committee. I am now Vice President of Publications for the Society. I have also
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`served as an Ibuka Award committee member.
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`14.
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`I have prepared and presented many papers at IEEE and other
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`professional meetings. For example, in Fall 2000, I served as general program
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`chair for the IEEE Vehicular Technology Conference on advanced wireless
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`communications technology. I have also organized sessions at The International
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`U.S. Patent No. 8,571,194
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`Conference on Consumer Electronics and was the 1984 program chairman. I also
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`conducted an eight-week IEEE sponsored short course on Fiber Optics System
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`Design. I received IEEE’s Centennial Medal in 1984, and I received the IEEE’s
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`Millennium Medal in 2000.
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`15. As Vice President and Standards Group Chairman of the Association
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`of Computer Users (“ACU”), I served as the ACU representative to the ANSI X3
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`Standards Group. I also served as Chairman of the task group on user rule
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`compliance for the FCC’s Citizens Advisory Committee on Citizen’s Band (“CB”)
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`radio (“PURAC”).
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`16.
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`I have been elected to membership in the Society of Cable Television
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`Engineers (“SCTE”), the ACM, and The Society of Motion Picture and Television
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`Engineers (“SMPTE”). I also served as a member of the USA advisory board to the
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`National Science Museum of Israel, presented a short course on international
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`product development strategies as a faculty member of Technion Institute of
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`Management in Israel, and served as a member of the board or directors of The
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`Massachusetts Future Problem Solving Program.
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`17.
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`I am a named inventor on seven United States patents and have
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`several publications on data communications tops in Electronics Design,
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`Microwaves, EDN, The Proceedings of the Frequency Control Symposium,
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`U.S. Patent No. 8,571,194
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`Optical Spectra, and IEEE publications.
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`18. For 25 years, I worked for Arthur D. Little, Inc. (“ADL”), where I
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`became Vice President and Director of Communications, Information Technology,
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`and Electronics (“CIE”). At ADL, I was responsible for the firm’s global CIE
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`practice in laboratory-based contract engineering, product development, and
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`technology-based consulting.
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`19. Prior to my time at ADL, I served as a Section Manager for Bell &
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`Howell Communications Company for four years. Prior to working at Bell &
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`Howell, I served as a Project Engineer for Motorola’s Communications Division
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`for three years. At both Bell & Howell and Motorola, I had project design
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`responsibilities for wireless communication and paging products.
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`20. Throughout my career, I have been heavily involved in the study,
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`analysis, evaluation, design, and implementation of systems and products
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`involving wired and wireless communications. My wired telecommunications
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`work has been wide ranging, and includes projects for Mitel and Tadiran involving
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`business telephone systems and the analysis of a next generation digital internet
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`protocol multimedia nationally deployed telephone network. My wireless work has
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`been equally wide ranging, and includes development of multiple access layer
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`protocols used in today’s IEEE 802.11 WiFi networks, and analysis of alternative
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`cellular air interface technologies that led to Sprint PCS selecting CDMA as their
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`U.S. Patent No. 8,571,194
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`technology of choice. I have worked with multiple domestic and international
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`cellular services providers to assist in securing their license authorizations and
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`developing plans for future services. I have also worked with manufacturers of
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`cellular handsets and infrastructure equipment to evaluate their product offerings
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`and recommend next generation products.
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`21. Please see my attached CV for a selected list of my published works,
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`conferences, and academic presentations.
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`III. Summary of Opinions
`I have been asked to provide my opinion on whether the claims of the
`22.
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`’194 patent are unpatentable over certain prior art references. It is my opinion that
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`each of claims 1-16 of the ’194 patent is unpatentable because each would have
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`been obvious to a person of ordinary skill in view of the prior art.
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`IV. State of the Art
`23. By the late 1990s, instant messaging (“IM”) had become very popular.
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`(Ex. 1004 ¶ [0008].) The Internet and Worldwide Web was popular, and people
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`wanted face-to-face interaction in real time. (See Ex. 1005 at 1:32-35, 1:61-63;
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`Ex. 1005 at 1:44-48.) Also, IM kept track of user “presence information,” that is,
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`information indicating to a user whether other users were also available to send and
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`receive instant messages in real time. (See Ex. 1005 at 2:42-44; see also Ex. 1006
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`U.S. Patent No. 8,571,194
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`at 56.) This allowed for efficient real-time communication.
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`24. Many companies realized the benefits of presence information, and
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`adapted IM to work with other modes of communication. (Ex. 1006 at 56;
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`Ex. 1006 at 62.) Some adapted IM services to send audio and video files. For
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`example, one designed a system where a user could “speak a response to the
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`instant message,” have that response recorded and compressed into an audio file,
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`and then send that file to another user through the instant messaging service by
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`“preferably encapsulat[ing the audio file] as part or all of the payload in an instant
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`message.” (See Ex. 1005 at 14:42-51.) Another developed a system that could send
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`video files. (Ex. 1007 at Abstract; see also Ex. 1007 at 11:45-52; Ex. 1007
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`at 13:62-16:23.) The figure below shows an example of how video files were sent
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`between users of an IM service. (Ex. 1007 at Fig. 10B.)
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`25. Others modified IM services to set up conference calls between
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`several users. (Ex. 1004 ¶ [0010].) Microsoft designed NetMeeting®, “enabl[ing]
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`collaboration between two or more people using text chat, streaming video, and/or
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`voice over Internet Protocol (VoIP) conversation.” (Ex. 1004 ¶ [0010].) Another
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`reference discusses using an IM platform to start a conference call. In that
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`reference, it states “IM/Chat systems work well for many communications, but
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`there are times when clients would prefer voice communications. . . . [O]n
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`occasion the contents or subject matter of an IM/Chat session can give rise to a
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`desire for voice communications.” (Ex. 1008 at 1:23-27.) The reference created an
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`IM system that could start a conference call by: (1) “inserting in an IM a voice
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`communications
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`identifier”;
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`(2) “transmitting
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`the
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`IM
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`to a
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`recipient”;
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`and (3) “responsive to the recipient selecting the voice communications identifier,
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`establishing a voice communications link with the recipient.” (Ex. 1008 at 2:3-20.)
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`As was particularly common at the time, the “communication link” could be
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`through a Voice over Internet Protocol connection or a telephony-based
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`communications link on a public switched telephone network (“PSTN”). (See
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`Ex. 1008 at 2:14-20.)
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`26. Another reference discussed a similar problem, and designed a system
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`for converting between a texting session and a conference call. It described users at
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`their personal computers (“PCs”) participating in an IM session across the Internet.
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`(See, e.g., Ex. 1009 ¶¶ [0015], [0018], [0036], [0060], [0062].) It then described
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`one user using that IM service to determine whether the other user was “talk
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`enabled,” that is, free and available to have a voice chat. (Ex. 1009 ¶ [0066].) Once
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`it was determined that the other user could have a voice chat, the reference
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`described the IM service providing a “START TALK” button to “initiate[] a talk
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`session” in the first user’s interface. (Ex. 1009 ¶¶ [0066]-[0071].) That user could
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`select the “START TALK” button and send a talk request to another user.
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`(Ex. 1009 ¶¶ [0072]-[0073].) The other user, upon receiving the talk request, could
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`then select the “CONNECT” button and “engage in a talk session.” (Ex. 1009
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`¶¶ [0073]-[0075].) This peer-to-peer communication platform was particularly
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`common. But the reference also indicated that the same platform could be used to
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`start a larger conference call between more than two users. (See, e.g., Ex. 1009
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`¶ [0082].)
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`27. Again, using an IM platform to start a conference call became
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`common practice. Many companies developed
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`such
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`services between
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`February 2001 and June 2003. (See Ex. 1010 (Jabber.com); Ex. 1011(Yahoo);
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`Ex. 1012 (AOL and MSN Messenger).) In early 2001, for instance, Jabber.com and
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`MeetingOne Corporation joined forces to provide an “advanced teleconferencing
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`platform” that had “instant Click & Meet (TM) capabilities.” (E.g., Ex. 1010.002
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`(“Enhanced by customized Jabber technology, MeetingOne users will now be able
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`to initiate teleconferencing right from their desktop by highlighting users within
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`their instant messaging client and selecting a single button to teleconference.”).)
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`Similarly, in June 2003, Yahoo integrated the WebEx Meeting Center into its
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`Messenger Enterprise Edition, to, as it stated, “seamlessly escalate from instant
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`messaging sessions into highly interactive WebEx meetings.” (Ex. 1011.001
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`(“With integrated access to the WebEx MediaTone Network, business people can
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`move instantly from applications, chat sessions and telephone calls into multimedia
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`Web conferences.”).) As shown in the Figures below, MSN Messenger also had a
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`way for users to set up a video conference. (Ex. 1012.013 (Appendix) (excerpted).)
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`28. Many companies used IM services to communicate with a conference
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`call server to set up a conference call between participants of an ongoing IM
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`session. (See, e.g., Ex. 1013; Ex. 1014; Ex. 1004; Ex. 1015; accord Ex. 1016
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`¶ [0008]; cf. Ex. 1017.) One reference described “mov[ing] from message chatting
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`to conference calling by one of the subscribers in the subscriber group sending a
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`pre-defined message to the server, which message acts as a signal to the server to
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`move to conference calling.” (Ex. 1013 at Abstract.) It described a user in a group
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`chat sending a “short message CALL,” which might include an “ALIAS”
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`identifying other users then participating in the group chat, to a server. (Ex. 1013
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`at 6:1-2; Ex. 1013 at 5:27-32.) The server, once it receives the message, would
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`then process the request and start a conference call between the members of the
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`group chat. (See Ex. 1013 at 6:2-32; see also Ex. 1013 at 1:25-27.)
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`29. By 2003, using an IM service to start a conference call was
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`particularly well-known. (Ex. 1006; Ex. 1008; Ex. 1009; Ex. 1010; Ex. 1011;
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`Ex. 1012; Ex. 1013; Ex. 1014; Ex. 1015; Ex. 1016; Ex. 1017.) A number of
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`systems disclosed using single-click icons to move from text messaging to other
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`types of communication. Single-click selection using such icons was known by
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`those of skill in the art to be advantageous because of its simplicity and
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`corresponding user-friendliness. Having a single, visible icon makes it easier for
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`users to identify and use system features quickly.
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`30. A first example, Lamb, teaches that “a simple click” can cause calls to
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`be made on a telephone network by a user “simply clicking on a conference call
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`button in his or her [user interface] browser.” (Ex. 1024 at 16:20-29.) Lamb shows
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`a “Call” button within an IM interface. (See Ex. 1024 at cols. 85-86 (MetaTel
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`Fig. 9); see also Ex. 1024 at Fig. 12 (field 679-2, “Conf. Now”), cols. 109-10
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`(“[P]ress the Call button to set up an instant conference call!”).) And Lamb
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`discusses a “click-to-call” option within its IM system that causes a server “to
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`create a call connection to the user telephony equipment.” (See Ex. 1024 at
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`Table 1, “Current Instant Messages” (“When a user receives and reads the instant
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`messages, they can respond or can ‘click-to-call’ . . . .”).)
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`31.
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` A second example, Young, shows a number of real-world messaging
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`systems that provided icons used to make a call from within an IM session. For
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`example, Young describes the “Talk” button of AOL’s instant messenger. (See
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`Ex. 1025 at 340, 365 (illustrating AOL messaging with “Talk” button and
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`explaining that to establish voice communication from an IM session, “click the
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`Talk button on the toolbar at the bottom of the [IM] window. After a warning
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`asking whether you want to enable voice, you see the Talk With window . . . .”).
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`Similarly, single-click call icons were used to make calls from within an IM
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`session in Yahoo Messenger. (Ex. 1025. at 366 (illustrating and describing “Voice”
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`icon of Yahoo Messenger, and stating that “[w]hen you are chatting with someone
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`in Yahoo Messenger, click the Voice icon on the toolbar. The other person sees a
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`dialog box asking whether to enable voice. If he or she agrees, both participants’
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`Instant Message window gains buttons and indicators about voice . . . .”)); see also
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`Ex. 1011 (describing Yahoo! system); Ex. 1012 (describing AOL system).)
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`A. Overview of Liversidge
`32. Liversidge published on June 20, 2002, from an application filed in
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`the United States on December 18, 2000. I have been informed that Liversidge is
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`prior art under at least pre-AIA 35 U.S.C. § 102(a), (b), and (e).
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`33. Liversidge describes a method and system that uses an IM service to
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`set up a conference call between participants of an IM session. Liversidge states
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`that it relates to a “method and system for automatic handling of invitations to join
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`communications sessions in a virtual team environment [(‘VTE’)].” (Ex. 1004 at
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`Title (emphasis added).) It teaches facilitating group collaboration through IM,
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`U.S. Patent No. 8,571,194
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`such as by permitting conference calling or video conferencing through the IM
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`system. (See Ex. 1004 ¶¶ [0012], [0070]; see also Ex. 1004 ¶ [0061] (explaining
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`that its system may be used for “families, groups of friends, academic institutions,
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`political organizations or any other closely or loosely associated group interested in
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`seamless communications services”).) Its “user-friendly” system and method
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`integrate presence information and multi-media communication capabilities to
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`provide “seamless communication services” for members in a “virtual team
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`environment.” (See Ex. 1004 ¶¶ [0022], [0061].) I have reproduced Figures 1 and 2
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`below to show the communications system discussed throughout Liversidge.
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`34. As shown in Figure 2, each VTE client (user) connects to Liversidge’s
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`VTE server, a part of collaboration services suite 2, by a packet network, such as
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`an Internet Protocol network. (See Ex. 1004 at Fig. 2; see also Ex. 1004 ¶ [0070].)
`
`Collaboration services suite 2 includes VTE server 40, presence server 42, and
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`database 6. (See Ex. 1004 ¶ [0065], Fig. 7.) Liversidge discloses that a single server
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`may serve as all elements of collaboration services suite 2—for example, VTE
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`server 40, presence server 42, and database 6. (See Ex. 1004 ¶ [0069].) I rely on
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`this embodiment for my analysis, and I use “collaboration services suite 2” and
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`“VTE server 40” interchangeably in this Declaration to refer to this embodiment,
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`in which collaboration suite 2 and VTE server 40 are the same.
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`35. Liversidge states the VTE server “provides functionality related to the
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`initiation and control of communications involving one or more team members.”
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`(Ex. 1004 ¶ [0065].) These communications include, IM, voice communications,
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`and multi-media sessions. (Ex. 1004 ¶¶ [0065], [0070].) Collaboration services
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`suite 2 also collects and distributes information to users, such as other users’
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`profile information, availability, and preferences. (Ex. 1004 ¶¶ [0063], [0064],
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`[0066] (describing presence server 42), [0192]-[0196].)
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`36. Liversidge states that the VTE client (user device) may be, for
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`example a PC client or a PDA client. (See Ex. 1004 ¶ [0065].) These use VTE
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`client application 44, an installed program, to communicate with collaboration
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`services suite 2. (See Ex. 1004 ¶¶ [0078], [0108], Fig. 7.) VTE client
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`application 44 also provides a graphical user interface (“GUI”). (See Ex. 1004
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`¶¶ [0078]-[0082]; see also Ex. 1004 ¶ [0065].) The GUI, Liversidge teaches,
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`enables users to “obtain preference and presence information” for other users and
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`“initiate communications . . . sessions,” such as IM, voice communications, and
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`multi-media sessions, “involving one or more other persons (who may or may not
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`be members of
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`the
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`team).”
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`(Ex. 1004 ¶
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`[0082];
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`see Ex. 1004
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`¶¶ [0070], [0081]-[0087], [0183].)
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`37. A user may initiate an IM session using the GUI, which causes the
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`session to be assigned a session ID, and causes “IM session object 354” to be
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`instantiated, permitting “two-way IM message flows between each of [the] VTE
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`clients.” (Ex. 1004 ¶¶ [0075], [0117]-[0123].) IM session object 354 also causes
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`the presence and status of the current participants to display in frame 362. (See
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`Ex. 1004 ¶¶ [0121]-[0123].) Using IM session object 354, “[t]he team member can
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`send a message to the other participants in the communications session by typing
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`the text message into the New message frame 358 of the IM session object 354,
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`and clicking an appropriate icon or button (e.g. a Send button).” (Ex. 1004
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`¶ [0121].)
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`38. Liversidge
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`describes
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`several
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`exemplary
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`features
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`of
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`its
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`communications system. For example, the collaboration services suite 2 may be
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`utilized to facilitate any of a variety of different types of communications,
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`including two-way instant messaging, e-mail, multi-media (including video
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`conferencing) and voice communications.” (Ex. 1004 ¶ [0070]; accord Ex. 1004
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`at Figs. 33-36.) Liversidge also explains that its method and system are versatile
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`and capable of supporting “multi-media sessions.” (Ex. 1004 ¶ [0183].) As
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`Liversidge explains, its system supports the simultaneous “streaming [of] video for
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`visual display” and audio transmission.” (See Ex. 1004 ¶ [0183].)
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`39. Liversidge also describes converting “an Instant Message session
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`involving the team members using VTE clients (A), (B), and (C) to a voice
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`communications session involving the same team members.” (See Ex. 1004
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`¶¶ [0175]-[0176]; see also Ex. 1004 at Figs. 32, 32a, 32b). Liversidge discloses
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`that “an
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`Instant Message session . . . [may be converted]
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`to a voice
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`communications session involving the same team members.” (See Ex. 1004
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`¶¶ [0175]-[0176], Figs. 32, 32a, and 32b.) To facilitate this feature, Liversidge
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`discloses a ConvertSession “icon or button . . . which enables [a] team member to
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`launch a ConvertSession message (at 376 [of IM session object 354]) to the
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`collaboration services suite 2 to facilitate conversion of the communications
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`session to the desired communications type.” (See Ex. 1004 ¶ [0126], Fig. 21
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`(illustrating option to convert-to-voice communication).) Liversidge explains that
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`first, a team member decides to change the instant messaging session to a “voice
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`communications session.” (See Ex. 1004 ¶ [0176].) After that team member selects
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`the “ConvertSession” icon, Liversidge indicates that VTE client (A) “initiates a
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`ConvertSession message from a communications session window displayed on the
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`GUI (A).” (Ex. 1004 ¶ [0176].) That message, which contains the session ID and
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`new session type, is then sent “through the data packet network” to the VTE
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`server. (See Ex. 1004 ¶ [0176].) “On receipt of the message,” the VTE server
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`translates the message “determine the session type and the participants” and “the
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`personal identifiers associated with the respective team members to determine the
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`dialed numbers of a preferred telephone device associated with each team
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`member,” closes the instant messaging session, and starts a voice communication
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`session between the VTE clients through a conference bridge. (See Ex. 1004
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`¶¶ [0176]-[0181].) A conference call then proceeds. Ex. 1004 ¶ [0181] (“Thereafter
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`conversation ensues between the team members using VTE clients (A), (B),
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`and (C) . . . .”).)
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`B. Overview of Beyda
`40. Like Liversidge, Beyda describes an IM system that allows users “to
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`conduct multimedia audio and/or video teleconferences” in “[a]n effective and
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`user-friendly way.” (See Ex. 1028 at Abstract, ¶¶ [0003]-[0009], [0050].) Beyda
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`describes an IM system in which user clients, for example, PCs, communicate with
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`a server 104. (See Ex. 1028 ¶¶ [0029]-[0033].) These PC client computers support
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`IM chat and voice telephony applications that interface with the server and
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`facilitate using IM and calendar applications to initiate voice conference services
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`starting with an IM session. (Ex. 1028 ¶¶ [0049]-[0058].) Specifically, Beyda
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`discloses using a previously stored buddy list or address book from within an IM
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`session that can corporate with a calendar application and further integrate with a
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`telephony application. (Ex. 1028 ¶ [0049].) The reference further discloses that the
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`IM server application can determine the presence of the IM clients at a particular
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`time. (Ex. 1028 ¶ [0050].) The reference further discloses that the server can
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`contact the party who requested the conference and give the party the option of
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`starting the teleconference. (Ex. 1028 ¶¶ [0051]-[0052].) Beyda also discloses that
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`signaling for the teleconference can be provided via IM. (Ex. 1028 ¶ [0058].)
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`Client Computers
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`(See Ex. 1028 at Fig. 1 (annotated).)
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`41. Beyda explicitly states that the instructions for implementing its
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`system may be stored in memory of the user clients and the server. (See Ex. 1028
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`¶¶ [0033]-[0034],[0043]-[0046],[0066]; see also Ex. 1028 ¶ [0042].)
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`42. Beyda published on December 18, 2003, from an application filed in
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`the United States on June 17, 2002. I have been informed that Beyda is prior art
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`under at least pre-AIA 35 U.S.C. § 102(a) and (e).
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`V. Overview of the ’194 Patent
`I now turn to Uniloc’s ’194 patent. The ’194 patent describes a similar
`43.
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`Declarat