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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
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`
`
`HUAWEI DEVICE CO., LTD AND LG ELECTRONICS, INC.,
`Petitioners,
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner.
`
`
`
`
`
`
`Case IPR2017-02090
`Patent 8,724,622
`
`DECLARATION OF WILLIAM C EASTTOM II
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`
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`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION ....................................................................................... 1
`
`II.
`
`BACKGROUND AND QUALIFICATIONS .............................................. 2
`
`III. LEGAL STANARDS USED IN MY ANALYSIS ....................................... 2
`
`A. Obviousness ............................................................................................ 2
`
`B. Priority Date ........................................................................................... 4
`
`C. Person of Ordinary Skill in the Art.......................................................... 4
`
`D. Broadest Reasonable Interpretation ......................................................... 6
`
`IV. OVERVIEW OF THE ‘622 PATENT ......................................................... 6
`
`V.
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`CLAIM CONSTRUCTION ......................................................................... 9
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`A. “instant voice messaging application” ..................................................... 9
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`B. “client platform system” ......................................................................14
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`C. “communication platform system” .........................................................15
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`VI. PETITIONERS’ CITED REFERENCES ....................................................16
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`A. International Application WO 01/11824 (“Zydney”) .............................17
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`B. Excerpt of Computer Networking Essentials (“Shinder”).......................21
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`C. U.S. Patent No. 6,725,228 (“Clark”) ......................................................21
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`D. U.S. Patent No. 6,750,881 (“Appelman”) ..............................................26
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`VII. VALIDITY ANALYSIS .............................................................................28
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`A. Zydney does not render obvious “wherein the instant voice messaging
`application includes a document handler system for attaching one or
`more files to the instant voice message” (claim 27) ...............................29
`
`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page i
`
`
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`B. Zydney does not render obvious “wherein the instant voice message
`includes an object field” (independent claim 3)......................................32
`
`C. No prima facie obviousness for “wherein the instant voice messaging
`application includes a message database storing the instant voice
`message, wherein the instant voice message is represented by a database
`record including a unique identifier” (dependent claims 14-17 and 28-31)
`
`34
`1. Zydney and Clark both lack a database record in a message
`database, where that database record includes both a unique
`identifier and an instant voice message ............................................. 34
`2. There could not have been any motivation to combine Zydney
`with Clark to devise a database record that included a unique
`identifier ........................................................................................... 37
`3. No prima facie obviousness because Petitioners’ proposed
`combination of Zydney with Clark results in messages being
`deleted once they are sent to the server ............................................. 38
`
`D. No prima facie obviousness for “a display [at the client device]
`displaying a list of one or more potential recipients” (claims 38-39) ......41
`
`VIII. CONCLUSION ..........................................................................................44
`
`EASTTOM CV .....................................................................................................46
`
`A. Education ...............................................................................................46
`1. University Degrees ........................................................................... 46
`2. Industry Certifications ...................................................................... 47
`3. Hardware and Networking Related Certifications ............................. 47
`4. Operating System Related Certifications........................................... 47
`5. Programming and Web Development Related Certifications ............ 48
`6. Database Related Certifications ........................................................ 48
`7. Security and Forensics Related Certifications ................................... 48
`8. Software Certifications ..................................................................... 49
`9. Licenses ............................................................................................ 49
`
`B. Publications ...........................................................................................49
`1. Books 50
`2. Papers, presentations, & articles........................................................ 52
`3. Patents .............................................................................................. 54
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page ii
`
`
`
`
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`C. Standards and Certification Creation ......................................................55
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`D. Professional Awards and Memberships .................................................56
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`E. Speaking Engagements ..........................................................................57
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`F. Litigation Support Experience ...............................................................60
`1. Testifying Experience ....................................................................... 68
`
`G. Professional Experience .........................................................................70
`
`H. Continuing Professional Education ........................................................74
`
`I. References to my work ..........................................................................76
`1. Media References ............................................................................. 76
`2. References to publications ................................................................ 77
`3. Universities using my books ............................................................. 85
`
`J. Training .................................................................................................87
`
`K. Technical Skills .....................................................................................89
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page iii
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`
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`
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`I, Chuck Easttom, hereby declare as follows:
`
`I.
`
`INTRODUCTION
`
`1. My name is William Charles Easttom II (Chuck Easttom) and I
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`have been retained by Uniloc Luxembourg S.A. (“Uniloc” or the “Patent
`
`Owner”) to provide my expert opinions regarding U.S. Patent No. 8,724,622
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`(the ‘622 Patent). In particular, I have been asked to opine on whether a person
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`of ordinary skill in the art (POSITA) at the time the inventions described in
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`the ‘622 patent were conceived would have found all claims, Claims 3, 6-8,
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`10, 11, 13, 14-23, 27-35, 38, and 39 (“Challenged Claims”) as unpatentable
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`in light of the cited references and arguments in IPR2017-2090:
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`2.
`
`Based on my review of the Petition and its exhibits, and my
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`understanding of the relevant of the relevant requirements of patent law, and
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`my decades of experience in the field of computer science including
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`communications systems, it is my opinion that the Challenged Claims would
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`not have been obvious in light of the proposed combinations.
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`3.
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`I am being compensated for my time at my standard consulting
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`rate of $300 per hour. I am also being reimbursed for expenses that I incur
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`during the course of this work. Apart from that, I have no financial interest in
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`Uniloc. My compensation is not contingent upon the results of my study or
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`the substance of my opinions.
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 1
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`
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`II. BACKGROUND AND QUALIFICATIONS
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`4.
`
`In my over 25 years of computer industry experience I have had
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`extensive experience in communications systems, including data networks in
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`general that have messaging capabilities. I hold 42 industry certifications,
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`which include (among others) networking certifications. I have authored 24
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`computer science books, several of which deal with networking topics. I am
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`also the sole named inventor on thirteen patents.
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`5.
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`A more detailed description of my professional qualifications,
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`including a list of publications, teaching, and professional activities, is
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`contained in my curriculum vitae, a copy of which is attached hereto as
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`Exhibit A.
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`III. LEGAL STANARDS USED IN MY ANALYSIS
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`6.
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`Although I am not an attorney and I do not offer any legal
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`opinions in this proceeding, I have been informed of and relied on certain legal
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`principles in reaching the opinions set forth in this Declaration.
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`A.
`
`Obviousness
`
`7.
`
`I understand that a patent claim is invalid if the differences
`
`between the subject matter and the prior art are such that the subject matter as
`
`a whole would have been obvious to a POSITA at the time of the alleged
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`invention. I further understand that an obviousness analysis involves a review
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 2
`
`
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`of the scope and content of the asserted prior art, the differences between the
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`prior art and the claims at issue, the level of ordinary skill in the pertinent art,
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`and objective indicia of non-obviousness such as long-felt need, industry
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`praise for the invention, and skepticism of others in the field.
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`8.
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`I have been informed that if a single limitation of a claim is
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`absent from the cited prior art, the claim cannot be considered obvious.
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`9.
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`I have further been informed that it is improper to combine
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`references where the references teach away from a proposed combination; and
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`that the following factors are among those relevant in considering whether
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`prior art teaches away:
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`• whether a POSITA, upon reading the reference would be led in a
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`direction divergent from the path that was taken by the applicant;
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`• whether the prior art criticizes, discredits, or otherwise discourages
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`investigation into the claimed invention;
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`• whether a proposed combination would produce an inoperative
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`result; and
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`• whether a proposed combination or modification would render the
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`teachings of a reference unsatisfactory for its intended purpose.
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 3
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`
`
`10.
`
`In addition, I have been informed that a proposed combination
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`that changes the basic principles under which the prior art was designed to
`
`operate may fail to support a conclusion of obviousness.
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`B.
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`Priority Date
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`11. The ’622 patent issued from U.S. Patent Application No.
`
`13/546,673, which is a continuation of U.S. Patent No. 8,243,723, which is a
`
`continuation of U.S. Patent No. 7,535,890, filed on December 18, 2003. The
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`’622 patent issued on May 13, 2014. I have assumed the priority date for the
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`’622 patent is December 18, 2003.
`
`C.
`
`Person of Ordinary Skill in the Art
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`12.
`
`I understand that a POSITA is a hypothetical person who is
`
`presumed to have ordinary skill in the art as of the priority date. I understand
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`that factors that may be considered in determining the level of ordinary skill
`
`in the art may include: (a) the type of problems encountered in the art; (b)
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`prior art solutions to those problems; (c) the rapidity with which innovations
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`are made; (d) the sophistication of the technology; and (e) the educational
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`level of active workers in the field.
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`13.
`
`I have been asked to provide my opinion as to the qualifications
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`of the person of ordinary skill in the art to which the ‘622 patent pertains as
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`of December 18, 2003. In my opinion, a POSITA is someone who would have
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 4
`
`
`
`
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`possessed on the priority date a bachelor’s degree in electrical engineering or
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`computer science (or equivalent degree/experience) with at least two years of
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`experience in computer programming and software development, including
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`the development of software for communication with other computers over a
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`network.
`
`14.
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`I understand that Dr. Lavian opines that a person of ordinary skill
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`in the art is someone “a person of ordinary skill in the art for purposes of the
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`’622 patent would have possessed at least a bachelor’s degree in computer
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`science, computer engineering, or electrical engineering with at least two
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`years of experience in development and programming relating to network
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`communication systems (or equivalent degree or experience).” (Ex. 1002 at ¶
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`13-15).
`
`15.
`
`In my opinion, my and the Petitioners’ opinion concerning a
`
`person of ordinary skill in the art are essentially the same, and any differences
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`are inconsequential to the dispute before the Board
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`16. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis
`
`and opinions regarding the ‘622 Patent have been based on the perspective of
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`a person of ordinary skill in the art as of December 2003.
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 5
`
`
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`D. Broadest Reasonable Interpretation
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`17.
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`I have been informed that, for purposes of this Inter Partes
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`Review (IPR), the terms in the claims of the ‘622 patent are to be given their
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`Broadest Reasonable Interpretation (BRI) in light of the specification and
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`prosecution history of ‘622 Patent as understood by a POSITA on the priority
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`date. I have used this standard throughout my analysis.
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`IV. OVERVIEW OF THE ‘622 PATENT
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`18. The ’622 patent recognized that conventional circuit-switched
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`communications enabled traditional telephony yet had a variety of technical
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`disadvantages that limited developing other forms of communication over
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`such networks. According to the ’622 patent, “[c]ircuit switching provides a
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`communication path (i.e., dedicated circuit) for a telephone call from the
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`telephone terminal to another device 20 over the [public switched telephone
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`network or] PSTN, including another telephone terminal. During the
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`telephone call, voice communication takes place over that communication
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`path.” Ex. 1001, 1:29-34.
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`19. The ’622 patent expressly distinguishes circuit-switched
`
`networks from packet-switched networks (e.g., the Internet) at least in that the
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`latter routes packetized digital information, such as “Voice over Internet
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 6
`
`
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`Protocol (i.e., “VoIP”), also known as IP telephony or Internet telephony.”1
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`Id., 1:35-36. Because legacy circuit-switched devices were unable to
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`communicate directly over packet-switched networks, media gateways (114)
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`were designed to receive circuit-switched signals and packetize them for
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`transmittal over packet-switched networks, and vice versa. Id., 2:8-18. The
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`conversion effected by media gateways (e.g., 114 and 118) highlights the fact
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`that packetized data carried over packet-switched networks (e.g., IP network
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`102) are different from, and are incompatible with, an audio signal carried
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`over a dedicated packet-switched circuit. Id., 2:8-21.
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`20. The ’622 patent further recognized that, notwithstanding the
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`advent of instant text messages, at the time of the claimed invention there was
`
`
`1 Consistent with the ’622 patent specification, the USPTO has also
`recognized there are significant differences between circuit-switched and
`packet-switched networks during the relevant timeframe. See, e.g., U.S.
`Application No. 90/012,728 and 90/012,789 (Notice of Intent to Issue Ex
`Parte Reexamination Certificate, dated April 10, 2014) at page 9, where the
`USPTO confirmed the following:
`
`
`Ethernet packet switching protocol, including TCP/IP, are very
`specific connectionless/packet switched protocols. In contrast to
`connection-oriented protocols, connectionless/packet switched
`protocols do not need to set up a dedicated path in advance.
`Rather, routers send fragmented messages or “packets” to their
`destination independently. Connectionless protocols have a
`number of advantages over connection-oriented protocols,
`including better use of available bandwidth.
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 7
`
`
`
`
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`no similarly convenient analog to leaving an instant voice message over a
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`packet-switched network. Id., 2:22-53. Rather, “conventionally, leaving a
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`voice message involves dialing the recipient’s telephone number (often
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`without knowing whether the recipient will answer), waiting for the
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`connection to be established, speaking to an operator or navigating through a
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`menu of options, listening to a greeting message, and recording the message
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`for later pickup by the recipient. In that message, the user must typically
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`identify himself or herself in order for the recipient to return the call.” Id.,
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`2:26-33.
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`21. The inventor observed, therefore, that “notwithstanding the
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`foregoing advances in the VoIP/PSTN voice communication and voice/text
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`messaging, there is still a need in the art for providing a system and method
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`for providing instant VoIP messaging over an IP network.” Id., 2:47-51. In
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`certain disclosed embodiments, the ’622 patent addressed that need, in part,
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`by providing a user-accessible client (208) that is specially configured for
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`instant voice message (IVM) and for direct communication over a packet-
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`switched network (e.g., through an Ethernet card). Id., 12:13-14. More
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`specifically, the ’622 patent teaches that certain clients (208) are specially
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`configured to “listen[] to the input audio device 212,” “record[] the user’s
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`speech into a digitized audio file 210 (i.e., instant voice message) stored on
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`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 8
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`
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`
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`the IVM client 208,” and “transmit[] the digitized audio file 210” as
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`packetized data (e.g., using TCP/IP) over a packet-switched network (e.g.,
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`network 204) “to the local IVM server 202.” Id., 8:8-11 and 8:21-22.
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`V. CLAIM CONSTRUCTION
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`22.
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`I have been asked to provide my opinions regarding the
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`construction of certain terms used in the claims of the ‘622 Patent as would
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`be understood by a POSITA using the BRI.
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`A.
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`“instant voice messaging application”
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`23.
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`In my opinion, a POSITA would have understood the term
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`“application” in the context of the ’622 patent to mean a software program
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`that performs a particular task or function(s). Thus, a POSITA would have
`
`understood that whole phrase “instant voice messaging application” means “a
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`software program that performs instant voice messaging tasks or functions.”
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`24. The Petitioners propose
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`that “instant voice messaging
`
`application” means “hardware and/or software used for instant voice
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`messaging.” Pet. at 6. In my opinion, the Petitioners’ inclusion of “hardware”
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`in its interpretation is unreasonable and conflicts with the understanding of a
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`POSITA on the priority date, that is, as “software that performs a task or
`
`function.”
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 9
`
`
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`25. The Petitioners and their expert Dr. Lavian, acknowledge that a
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`POSITA would understand the term “application” means “computer software
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`for performing a particular function.” Pet. at 7 (citing EX1002 at ¶ 53 [citing
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`EX1012, the Microsoft Computer Dictionary defining “application as “[a]
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`program designed to assist in the performance of a specific task, such as word
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`processing, accounting, or inventory management.”]). On the other hand, the
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`Petitioners and Dr. Lavian then assert that, based on the written description of
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`the ’622 patent, the term “instant voice messaging application” should not be
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`limited to software. Pet. at 7-8; see also EX1002 at ¶ 54. As I explain below,
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`the Petitioners’ purported support in the written description of the ’622 patent
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`for this proposition falls short of the mark.
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`26. The Petitioners assert that the ’622 patent discloses that functions
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`associated with instant voice messaging are performed by the IVM client 208,
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`which is a “general-purpose programmable computer.” Pet. at 7 (citing
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`EX1001 at 12:11-14). The Petitioners also point to FIG. 3, reproduced below,
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`which is “an exemplary illustration of the architecture in the IVM client 208
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`for enabling instant voice messaging according to the present invention.”
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`EX1001 at 12:4-6. A POSITA would have understood that “architecture” in
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`the context of FIG. 3, means the structure and functions of the software in the
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`client computer.
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 10
`
`
`
`
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`FIG. 3 in the ’622 Patent: Client Architecture
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`27. Referring to FIG. 3, the IVM client 208, which is a device that
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`includes software running on a processor, “comprises a client platform 302
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`for generating an instant voice message and a messaging system 320 for
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`messaging between the IVM client 208 and the IVM server 202 for enabling
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`instant voice messaging.” EX1001 at 12:7-10 (emphasis added). The
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`Petitioners appear to contend that because the “written description does not
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`identify any particular software program capable of performing all of the
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`functions associated with the ‘instant voice messaging application’ recited in
`
`the claims,” and because the “client” is a computer system that the
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`“application” may be hardware. Pet. at 7. I disagree.
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`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 11
`
`
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`28.
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`I understand that a patent need not include every detail of an
`
`invention if the descriptions are adequate for a POSITA to understand it. FIG.
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`3 is such a case because it does not explicitly show a labeled box for the
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`“application” that comprises a “client platform 302” and a “messaging system
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`320,” but a POSITA would have understood that, despite the lack of an
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`explicit application label in FIG. 3, the application as claimed is an implied
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`box around client platform 302 and messaging system 320. Furthermore, the
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`application is software (and not hardware) because it is comprised of two
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`software blocks, the client platform 302 and the messaging system 320. I
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`provide my reasons for this conclusion in the following paragraphs.
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`29. First, the ’622 patent teaches that “[the] messaging system and
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`the
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`client
`
`engine 304
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`communicate via
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`standard
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`inter-process
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`communication.” EX1001 at 12:21-23. A POSITA would have understood
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`the term “inter-process communication” as a term of art that refers to different
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`parts of a software application, known as “processes,” often executing
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`simultaneously and communicating information with each other. Thus, the
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`messaging system and the client platform must be software.
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`30. Second, referring to FIG. 3, the term CLIENT ENGINE 304
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`informs a POSITA that CLIENT ENGINE is software because the term
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`“engine” is a well-known term of art to describe software. Each of the blocks
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 12
`
`
`
`
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`in client platform 302—Document Handler 306, Audio File 210, Audio File
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`Creation 312, File Manager 308, and Msg Database 310—inform a POSITA
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`that they are software because their functions are clearly implemented in
`
`software in view of the written description. The document handler 306
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`“oversees the retrieving, sending, receiving and storing of one or more
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`documents (or files) attached to instant voice messages ...” EX1001 at 12:26-
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`28. The file manager and database “accesses a message database,” and
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`“services requests from the user to record, delete, or retrieve messages to/from
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`the message database 310.” EX1001 at 12:34-35 and 12:38-40. “Audio file
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`creation 312 creates an instant voice message as audio file 210, and is
`
`responsible for ... storing the input speech into audio file 210.” Id. at 12:40-
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`44. The ’622 patent includes similar descriptions for the signal processing,
`
`encryption/decryption, and compression/decompression functions of the
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`client engine 304. Id. at 12:44-50.
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`31. Third, the Petitioners do not point to any support in the ’622
`
`patent that discloses hardware that performs any function of the messaging
`
`system or the client platform.
`
`32. Overall, at least for the reasons presented above in this section,
`
`above, and the totality of the ’622 patent, in my opinion, the term “instant
`
`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 13
`
`
`
`voice message application” means “a software program that performs instant
`
`voice messaging tasks and functions.”
`
`B.
`
`“client platform system”
`
`33. The Petitioners propose to construe “client platform system” as
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`“hardware and/or software on a client for generating an instant voice
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`message.” Pet. at 9. In my opinion, a POSITA would have realized that this
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`construction cannot be correct for at least two reasons discussed below.
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`34. First, just as the Petitioners unreasonably include “hardware” in
`
`the construction of “application,” they unreasonably include “hardware” in
`
`their proposed construction of “client platform system.” As I explained above
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`concerning the construction of “application,” the “client platform” is
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`described in FIG. 3 and is understood to be software. For the same reasons I
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`find that an “application” is software, I find that a “client platform,” and thus,
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`“client platform system,” is also software.
`
`35. Second, the Petitioners specialize their proposed construction of
`
`“client platform system” to the function “for generating an instant voice
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`message.” This construction conflicts with the specification that defines the
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`“client platform system”:
`
`“the instant voice message client 208 comprises a
`client platform 302 for generating an instant voice
`message. . .. The client platform 302 comprises a
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 14
`
`
`
`
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`client engine 304, which controls other components,
`namely the document handler 306, file manager 308,
`audio file creation 312, signal processing 314,
`encryption/decryption 316, and
`compression/decompression 318.”
`
`EX1001, 12:18-21 (emphasis added).
`
`36. The passage above shows that the “client platform system” is not
`
`limited to generating an instant voice message. The Petitioners’ inclusion of
`
`the recited further limitation of “for generating an instant voice message”
`
`unnecessarily narrows the construction of the more general term “client
`
`platform system” by requiring the further “for generating ...” limitation recited
`
`in the claim. I understand this is improper.
`
`37. For at least the reasons presented above, in my opinion, “client
`
`platform system” means “software on a client,” and the Petitioners’
`
`construction conflicts how a POSITA would have understood this term.
`
`C.
`
`“communication platform system”
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`38. Petitioners propose
`
`to construe “communication platform
`
`system” to mean a “system of the server which relays communications and/or
`
`tracks client connection information”. Pet. at 10. In my opinion, a POSITA
`
`would have realized that this construction cannot be correct because the
`
`claims of the ‘622 Patent expressly defines the term:
`
`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 15
`
`
`
`“a communication platform system maintaining
`connection information for each of the plurality of
`instant voice message client systems indicating
`whether there is a current connection to each of the
`plurality of instant voice message client systems”
`e.g. EX1001, 24:19-22 (emphasis added).
`
`39. Therefore,
`
`the claims of
`
`the
`
`‘622 Patent define
`
`the
`
`“communications platform system” to be required to perform the tasks of
`
`“maintaining connection information for each of the plurality of instant voice
`
`message client systems” and “indicating whether there is a current connection
`
`to each of the plurality of instant voice message client systems”.
`
`40. For at least the reasons presented above, in my opinion, “client
`
`platform system” means “a communication platform system maintaining
`
`connection information for each of the plurality of instant voice message
`
`client systems indicating whether there is a current connection to each of the
`
`plurality of instant voice message client systems”.
`
`VI. PETITIONERS’ CITED REFERENCES
`
`41. Petitioners allege that the challenged Claims 3, 6-8, 10, 11, 13,
`
`14-23, 27-35, 38, and 39 are obvious over proposed combinations involving
`
`Zydney, Shinder, Clark, and Appleman. I provide a brief overview of each
`
`reference below.
`
`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 16
`
`
`
`A.
`
`International Application WO 01/11824 (“Zydney”)
`
`42. The International Application published with International
`
`Publication Number WO 01/11824 A2 (“Zydney”), titled Method and system
`
`for voice exchange and voice distribution, was published on February 15,
`
`2001. The international application number PCT/US00/21555 by inventors
`
`Herbert Zydney et al. was filed on August 7, 2000. See EX1013.
`
`43. Zydney “relates to the field of packet communications, and more
`
`particularly to voice packet communication systems.” EX1013 at 1:4-5.2
`
`44. Zydney explains “[the] present invention is a system and method
`
`for voice exchange and voice distribution utilizing a voice container.”
`
`EX1013 at 1:19-20. Moreover, “voice containers can be stored, transcoded
`
`and routed to the appropriate recipients instantaneously or stored for later
`
`delivery.” Id. at 1:21-2. Zydney defines “voice container” as “a container
`
`object that contains no methods but contains voice data or voice data and voice
`
`data properties.” Id. at 12:6-8 (emphasis added). A POSITA would have
`
`understood that this definition means Zydney’s voice container is a data
`
`construct (viz., an “object”) used in object-oriented programming languages,
`
`such as Java or C++, to hold other data constructs, such as data values and
`
`
`2 EX1003 is a copy of Zydney that has line numbers added. I refer to
`EX1003 by page and line numbers.
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 17
`
`
`
`
`
`other objects, but performs no functions (methods). By analogy, a container
`
`object is like a box, it holds things but it is not the things it holds. For example,
`
`if a box contains paper clips, the actual box itself is not a paper clip.
`
`45. Zydney teaches “the originator digitally records messages for
`
`one or more recipients using a microphone-equipped device and the software
`
`agent. The software agent compresses the voice and stores the file temporarily
`
`on the PC if the voice will be delivered as an entire message.” Id. at 16:1-4. A
`
`POSITA would have understood that Zydney may temporarily store the audio
`
`data in a file, which is another type of data structure and which may even be
`
`stored on a magnetic disk drive or other medium.
`
`46. On the other hand, before the voice data is sent to a recipient, it
`
`is placed in the voice container and the container is sent. Zydney explains this
`
`process in the following:
`
`The present invention system and method for voice
`exchange and voice distribution 20 allows a software
`agent 22 with a user interface in conjunction with a
`central server 24 to send, receive and store messages
`using voice containers illustrated by transmission
`line 26 in a pack and send mode of operation to
`another software agent 28. A pack and send mode of
`operation is one in which the message is first
`acquired, compressed and then stored in a voice
`container 26 which is then sent to its destination(s).
`(Id. at 10:20-11:3) (Emphasis added.)
`
`
`
`Huawei v. Uniloc, IPR2017-2090
`Uniloc’s Exhibit 2001, page 18
`
`
`
`47. This passage explains, among other things, that Zydney’s voice
`
`message is the audio data; however, it is stored in a voice container, which is
`
`a type of data structure, distinct from a file.3 As I mentioned above, the voice
`
`container is like a box that contains the audio data, among other things, but it
`
`is not the audio data. Furthermore, Zydney’s voice containers are not files.
`
`48. The Petitioners’ expert Dr. Lavian, cites three passages from
`
`Zydney and characterizes these passages as describing “the recording of one
`
`or more voice packet messages on a personal computer” as “voice files [that]
`
`can be pl