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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
`
`APPLE INC.,
`Petitioner
`
`v.
`
`UNILOC LUXEMBOURG S.A.,
`Patent Owner
`
`____________________
`
`Patent No. 8,239,852
`____________________
`
`DECLARATION OF MR. JAMES GEIER IN SUPPORT OF PETITION
`FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,239,852
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`
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`APPLE EXHIBIT 1103
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`

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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
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`TABLE OF CONTENTS
`
`Contents
`I.
`INTRODUCTION ........................................................................................... 1
`BACKGROUND AND QUALIFICATIONS ................................................. 1
`II.
`INFORMATION CONSIDERED ................................................................... 3
`III.
`IV. RELEVANT LEGAL STANDARDS ............................................................. 4
`A.
`Claim Interpretation .............................................................................. 4
`B.
`Perspective of One of Ordinary Skill in the Art .................................... 4
`C.
`Obviousness ........................................................................................... 5
`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 8
`V.
`VI. SUMMARY OF MY OPINIONS ................................................................... 9
`VII. TECHNOLOGICAL BACKGROUND ........................................................ 10
`VIII. THE ’852 PATENT ....................................................................................... 13
`IX. RICHARDSON AND DEMEYER ............................................................... 15
`A. Overview of Richardson (Ex. 1104) ................................................... 15
`B.
`Overview of Demeyer (Ex. 1105) ....................................................... 16
`C.
`Claim 18 .............................................................................................. 20
`1.
`Preamble: “A client device configured to execute a
`computer program to perform a remote update of a
`program configuration on the client device, the client
`device comprising:” .................................................................. 20
`Element [18a]: “a processor;” ................................................... 22
`Element [18b]: “a memory coupled to the processor and
`storing the computer program which, when executed by
`the processor,” ........................................................................... 22
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`2.
`3.
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`4.
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`5.
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`6.
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`Element [18b(i)]: “(i) performs physical device
`recognition on the client device to determine machine
`parameters including account information for a user of
`the client device and features of software that the user of
`the client device is entitled to use,” .......................................... 22
`Element [18b(ii)]: “(ii) generates a unique device
`identifier for the client device, the unique device
`identifier is generated based at least in part on the
`determined machine parameters, and” ...................................... 30
`Element [18b(iii)]: “(iii) collects a unique software
`identifier for the software on the client device, the unique
`software identifier being unique to a particular copy of
`the software and to a particular user of the software; and” ...... 31
`Element [18c(i)]: “a transceiver configured to (i) send the
`unique device identifier and the unique software
`identifier to an update server via the Internet” ......................... 33
`Element [18c(i)(1)]: “to determine, based on analyzing
`the unique device identifier and the unique software
`identifier, an updated program configuration, and” .................. 34
`Element [18c(ii)]: “(ii) receive, from the update server,
`the updated program configuration if the user associated
`with the unique device identifier is entitled to use
`features of the updated program configuration according
`to a license associated with the unique software
`identifier.” ................................................................................. 36
`Claim 1 ................................................................................................ 38
`1.
`Preamble: “A system for remotely updating a program
`configuration, comprising a client device and an update
`server wherein:” ........................................................................ 38
`Element [1a]: “(a) the client device is configured to
`execute a computer program to perform a remote update
`of a program configuration on the client device, the client
`device comprising:” .................................................................. 38
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`7.
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`8.
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`9.
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`2.
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`D.
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`9.
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`Element [1a(1)]: “a first processor coupled to a memory
`storing the computer program which, when executed by
`the first processor,” ................................................................... 39
`Element [1a(1)(i)]: “(i) performs physical device
`recognition on the client device to determine machine
`parameters including account information for a user of
`the client device and features of software that the user of
`the client device is entitled to use,” .......................................... 39
`Element [1a(1)(ii)]: “(ii) generates a unique device
`identifier for the client device, the unique device
`identifier is generated based at least in part on the
`determined machine parameters, and” ...................................... 39
`Element [1a(1)(iii)]: “(iii) collects a unique software
`identifier for the software on the client device, the unique
`software identifier being unique to a particular copy of
`the software and to a particular user of the software; and” ...... 39
`Element [1a(2)]: “a first transceiver configured to send
`the unique device identifier and the unique software
`identifier to the update server via the Internet; and” ................ 39
`Element [1b]: “(b) the update server is configured to
`receive the unique device identifier and the unique
`software identifier from the client device, the update
`server comprising:” ................................................................... 39
`Element [1b(1)]: “a second processor coupled to a
`memory and configured to analyze the unique device
`identifier and the unique software identifier at the update
`server, and to determine, based on the analyzed unique
`device identifier and the analyzed unique software
`identifier, an updated program configuration if the user
`associated with the unique device identifier is entitled to
`use features of the updated program configuration
`according to a license associated with the unique
`software identifier; and” ........................................................... 40
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`E.
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`F.
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`G.
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`X.
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`10. Element [1b(2)]: “a second transceiver configured to
`deliver, via the Internet, data representing the updated
`program configuration to the client device for storage
`therein.” ..................................................................................... 40
`Claim 5: “wherein the unique device identifier further
`comprises one or more geo-location codes” ....................................... 41
`Claim 6: “wherein at least one of the one or more geo-location
`codes comprise an Internet Protocol address of the client
`device” ................................................................................................. 42
`Claim 7: “wherein the machine parameters comprise
`information regarding at least one of: machine model number,
`machine serial number, machine ROM version, machine bus
`speed, machine manufacturer name, machine ROM release
`date, machine ROM size, machine UUID, and machine service
`tag” ...................................................................................................... 42
`Claim 8: “wherein the machine parameters comprise
`information regarding at least one of: CPU ID, CPU model,
`CPU details, CPU actual speed, CPU family, CPU
`manufacturer name, CPU voltage, and CPU external clock” ............. 43
`RICHARDSON, DEMEYER, AND VILLELA ........................................... 43
`A. Overview of Villela (Ex. 1106) ........................................................... 43
`B.
`Claim 2: “wherein the unique device identifier comprises a hash
`code” .................................................................................................... 44
`Claim 3: “wherein the computer program, when executed,
`implements at least one irreversible transformation such that the
`machine parameters cannot be derived from the unique device
`identifier” ............................................................................................. 46
`Claim 4: “wherein the at least one irreversible transformation
`comprises a cryptographic hash function” .......................................... 46
`XI. RICHARDSON, DEMEYER, AND SHAKKARWAR ............................... 47
`A. Overview of Shakkarwar (Ex. 1107) .................................................. 47
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`H.
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`C.
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`D.
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`B.
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`Claim 16: “wherein the machine parameters comprise
`information regarding at least one of: device model, device
`model IMEI, device model IMSI, and device model LCD” ............... 47
`XII. RICHARDSON, DEMEYER, AND HUGHES ............................................ 48
`A. Overview of Hughes (Ex. 1108) ......................................................... 48
`B.
`Claim 17: “wherein the machine parameters comprise
`information regarding at least one of: wireless 802.11, webcam,
`game controller, silicone serial, and PCI controller” .......................... 49
`XIII. CONCLUSION .............................................................................................. 50
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
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`1.
`
`I, Mr. James Geier, declare as follows:
`
`I.
`
`INTRODUCTION
`2.
`I have been retained by Apple Inc. (“Apple”) as an independent expert
`
`consultant in this proceeding before the United States Patent and Trademark Office
`
`(“PTO”).
`
`3.
`
`I have been asked to consider whether certain references teach or
`
`suggest the features recited in Claims 1-8 and 16-18 of U.S. Patent No. 8,239,852
`
`(“the ’852 Patent”) (Ex. 1101)1. My opinions and the bases for my opinions are set
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`forth below.
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`4.
`
`I am being compensated at my ordinary and customary consulting rate
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`for my work. My compensation is in no way contingent on the nature of my
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`findings, the presentation of my findings in testimony, or the outcome of this or
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`any other proceeding. I have no other financial interest in this proceeding.
`
`II. BACKGROUND AND QUALIFICATIONS
`5.
`All of my opinions stated in this declaration are based on my own
`
`personal knowledge and professional judgment. In forming my opinions, I have
`
`relied on my knowledge and experience in designing, developing, researching, and
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`
`
` 1
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` Where appropriate, I refer to exhibits that I understand are attached to the petition
`
`for Inter Partes Review of the ’852 Patent.
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`1
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
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`teaching the technology referenced in this declaration.
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`6.
`
`I am over 18 years of age and, if I am called upon to do so, I would be
`
`competent to testify as to the matters set forth herein. I understand that a copy of
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`my current curriculum vitae, which details my education and professional and
`
`academic experience, is being submitted as Exhibit 1112. The following provides
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`a brief overview of some of my experience that is relevant to the matters set forth
`
`in this declaration.
`
`7.
`
`I am a practicing engineer with 30 years of experience in the
`
`communications industry designing, analyzing, and implementing communications
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`systems, wireless networks, and mobile devices for different markets, such as
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`municipalities, hospitals, airports, and chemical and oil processing facilities. I am
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`also the author of over a dozen books on wireless networking and communications
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`systems topics, and I have served as an active participant within IEEE and Wi-Fi
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`Alliance standards organizations.
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`8.
`
`I received a B.S. in Electrical Engineering from California State
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`University in 1985, an M.S. in Electrical Engineering from the Air Force Institute
`
`of Technology in 1990, and an M.B.A. from the University of Phoenix in 2001.
`
`9.
`
`I have significant experience designing and implementing wired and
`
`wireless networks. From 1990 to 1992, I was a systems design engineer, with the
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`rank of Captain of the U.S. Air Force, where I designed and implemented IEEE
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`802.3 Ethernet networks and Cisco router-based wide area networks for Wright-
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`Patterson Air Force Base. This involved designing and overseeing the installation
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`of corresponding networks throughout Wright-Patterson Air Force Base for
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`supporting thousands of users migrating from centralized mainframe computers to
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`distributed server-based systems. From 1994 to 1996, I was employed as a senior
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`systems engineer at TASC, Inc., where I worked primarily on the design and
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`implementation of communication data networks for civilian and military
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`applications. For example, I designed a highly secure communications network for
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`a U.S. Navy attack submarine. In addition, while at TASC, I designed computer
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`networks for various organizations, such as Dayton Power and Light. From 1996
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`to 2000, I was an engineer and manager at Monarch Marking Systems, where I
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`designed and developed wireless printers and corresponding networks for
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`customers. Some of those projects dealt with the designing and implementing of
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`systems for updating and maintaining programs running on remote handheld
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`devices. Since 2000, I have been the principal consultant of Wireless-Nets, Ltd.,
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`where I provide independent consulting services. As a consultant, I have designed
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`dozens of large-scale IEEE 802.11 wireless networks for cities, hospitals, airports,
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`and industrial plants and assisted product manufacturers with the design and
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`implementation of applications that operate over wireless networks.
`
`III.
`
`INFORMATION CONSIDERED
`
`3
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`In preparation for this declaration, I have considered the materials
`
`10.
`
`discussed in this declaration, including, for example, the ’852 Patent, the
`
`references cited by the ’852 Patent, the prosecution history of the ’852 Patent,
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`various background articles and books referenced in this declaration, and the prior
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`art references identified in this declaration. In addition, my opinions are also based
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`on my education, training, experience, and knowledge in the relevant field.
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`IV. RELEVANT LEGAL STANDARDS
`11.
`I am not an attorney and offer no legal opinions. For the purposes of
`
`this Declaration, I have been informed about certain aspects of the law that are
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`relevant to my analysis.
`
`A. Claim Interpretation
`12.
`I have been informed and understand that in an inter partes
`
`proceeding, “a claim in an unexpired patent shall be given its broadest reasonable
`
`construction in light of the specification of the patent in which it appears.” I have
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`been asked to interpret the claims of the ’852 Patent using this standard.
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`13.
`
`I have been informed and understand that claim construction is a
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`matter of law and that the final claim constructions for this proceeding will be
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`determined by the Patent Trial and Appeal Board.
`
`B.
`14.
`
`Perspective of One of Ordinary Skill in the Art
`I have been informed and understand that a patent is to be understood
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`from the perspective of a hypothetical “person of ordinary skill in the art”
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`(“POSITA”). Such an individual is considered to possess normal skills and
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`knowledge in a particular technical field (as opposed to being a genius). I
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`understand that in considering what the claims of a patent require, what was known
`
`prior to that patent, what a prior art reference discloses, and whether an invention
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`is obvious or not, one must use the perspective of such a person of ordinary skill in
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`the art.
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`C. Obviousness
`15.
`I have been informed and understand that a patent claim is obvious
`
`under 35 U.S.C. § 103, and therefore invalid, if the claimed subject matter, as a
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`whole, would have been obvious to a person of ordinary skill in the art as of the
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`priority date of the patent based on one or more prior art references and/or the
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`knowledge of one of ordinary skill in the art.
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`16.
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`I understand that an obviousness analysis must consider (1) the scope
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`and content of the prior art, (2) the differences between the claims and the prior art,
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`(3) the level of ordinary skill in the pertinent art, and (4) secondary considerations,
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`if any, of non-obviousness (such as unexpected results, commercial success, long-
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`felt but unmet need, failure of others, copying by others, and skepticism of
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`experts).
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`17.
`
`I understand that a prior art reference may be combined with other
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`references to disclose each element of the invention under 35 U.S.C. § 103. I
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`understand that a reference may also be combined with the knowledge of a person
`
`of ordinary skill in the art, and that this knowledge may be used to combine
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`multiple references. I further understand that a person of ordinary skill in the art is
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`presumed to know the relevant prior art. I understand that the obviousness analysis
`
`may take into account the inferences and creative steps that a person of ordinary
`
`skill in the art would employ.
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`18.
`
`In determining whether a prior art reference would have been
`
`combined with other prior art or other information known to a person of ordinary
`
`skill in the art, I understand that the following principles may be considered:
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`a. whether the references to be combined involve non-analogous art;
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`b. whether the references to be combined are in different fields of
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`endeavor than the alleged invention in the Patent;
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`c. whether the references to be combined are reasonably pertinent to the
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`problems to which the inventions of the Patent are directed;
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`d. whether the combination is of familiar elements according to known
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`methods that yields predictable results;
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`e. whether a combination involves the substitution of one known
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`element for another that yields predictable results;
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`f. whether the combination involves the use of a known technique to
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`improve similar items or methods in the same way that yields
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`predictable results;
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`g. whether the combination involves the application of a known
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`technique to a prior art reference that is ready for improvement, to
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`yield predictable results;
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`h. whether the combination is “obvious to try”;
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`i. whether the combination involves the known work in one field of
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`endeavor prompting variations of it for use in either the same field or
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`a different one based on design incentives or other market forces,
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`where the variations are predictable to a person of ordinary skill in
`
`the art;
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`j. whether there is some teaching, suggestion, or motivation in the prior
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`art that would have led one of ordinary skill in the art to modify the
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`prior art reference or to combine prior art reference teachings to
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`arrive at the claimed invention;
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`k. whether the combination requires modifications that render the prior
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`art unsatisfactory for its intended use;
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`l. whether the combination requires modifications that change the
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`principle of operation of the reference;
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`m. whether the combination is reasonably expected to be a success; and
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`n. whether the combination possesses the requisite degree of
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`predictability at the time the invention was made.
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`19.
`
`I understand that in determining whether a combination of prior art
`
`references renders a claim obvious, it is helpful to consider whether there is some
`
`teaching, suggestion, or motivation to combine the references and a reasonable
`
`expectation of success in doing so. I understand, however, that a teaching,
`
`suggestion, or motivation to combine is not required.
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`V. LEVEL OF ORDINARY SKILL IN THE ART
`20.
`I am familiar with the level of ordinary skill in the art with respect to
`
`the ’852 Patent around its filing date.2 Based on my experience working, teaching,
`
`and conducting research in the relevant field, and based on my review of the ’852
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`Patent specification, claims, file history, and prior art, I believe one of ordinary
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`skill in the art around the time of the alleged invention of the ’852 Patent would
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`have been someone with at least a bachelor’s degree in computer science or
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`equivalent, and at least two years of experience in software engineering, computer
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`systems, and/or electronic commerce, or an equivalent amount of relevant work or
`
`
`
` 2
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` My opinions expressed in this declaration are the same whether the ’852 Patent is
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`entitled to a priority date at its provisional filing (June 24, 2009) or actual filing
`
`(June 18, 2010).
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`research experience. Additional education could substitute for work experience
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`and vice versa.
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`21.
`
`In determining the level of ordinary skill in the art, I considered, for
`
`example, the type of problems encountered in the art, prior art solutions to those
`
`problems, the rapidity with which innovations are made, the sophistication of the
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`technology, and the educational level of active workers in the field.
`
`22. My opinions concerning the ’852 Patent claims and the prior art are
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`from the perspective of a person of ordinary skill in the art (“POSITA”), as set
`
`forth above.
`
`VI. SUMMARY OF MY OPINIONS
`23.
`I have been asked to consider whether the claims of the ’852 Patent
`
`are obvious over certain prior art references. As explained below in detail in this
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`declaration, it is my opinion that:
`
`(1) Claims 1, 5-8, and 18 of the ’852 Patent are obvious over U.S. Patent
`
`Pubs. 2008/0320607 (“Richardson”) and 2005/0076334 (“Demeyer”);
`
`(2) Claims 2-4 of the ’852 Patent are obvious over Richardson, Demeyer,
`
`and U.S. Patent Pub. 2007/0113090 (“Villela”);
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`(3) Claim 16 of the ’852 Patent is obvious over Richardson, Demeyer, and
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`U.S. Patent Pub. 2008/0120195 (“Shakkarwar”); and
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`(4) Claim 17 of the ’852 Patent is obvious over Richardson, Demeyer, and
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
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`U.S. Patent Pub. 2004/0059938 (“Hughes”).
`
`VII. TECHNOLOGICAL BACKGROUND
`24. Throughout the life of a computer device, programs on the device
`
`need to be updated to reflect new releases of the software, licenses, and other
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`parameters. In older systems, the process of updating the programs on most
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`computer devices required inserting some sort of media (e.g., floppy disk) into the
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`device and then transferring applicable data (e.g., new versions of software,
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`licenses, etc.) from the media to the device. This was a tedious process for
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`organizations having more than a dozen devices. The logistics involved with
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`providing an update disk to each user was not always practical. In many situations,
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`some devices would not receive timely updates, especially when users were
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`responsible for updating their own devices. As a result, some devices would have
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`out-of-date configurations.
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`25. The concept of remotely updating computer devices involves using a
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`server to distribute program updates over a network to the computer devices. The
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`server maintains various program configurations for each computer device and
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`delivers specific updates over the network to each computing device periodically
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`as needed. This process ensures that all devices receive the most recent updates in
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`an efficient manner, which significantly reduces and even eliminates problems
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`associated with updating devices directly. With remote updating, it is not
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`necessary for an IT person to physically transport updates on media to each device
`
`or have users update the devices directly. For example, since well before the filing
`
`date of the ’852 Patent, Microsoft Windows has had the ability to download
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`updated software from a server. A Microsoft Windows laptop could connect to a
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`Wi-Fi network (with access to the Internet), allowing the laptop to communicate
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`with a Microsoft server, which hosts program updates for programs pertinent to the
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`Microsoft user. The Microsoft server would allow the user to download updates to
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`software previously downloaded.
`
`26. The program on a computing device has a particular configuration that
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`can be updated. For example, the configuration may pertain to the features that a
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`user of the device is allowed to use. Features that the user is not authorized to use
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`may have associated program code stored in memory on the device along with
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`program code associated with features that the user is authorized to use, but the
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`program can provide functionality for turning on or off the various features,
`
`making them either available or not available for the user to utilize. For example,
`
`one configuration of a graphics drawing software program may allow the user to
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`create a limited number of drawings, but not allow the user to save them. The
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`restriction of features in this manner was generally associated with a demonstration
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`mode where the user had not paid for a license and was trying out the program
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`before paying money for a license. Another configuration of the drawing software,
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`if the user pays for and installs a license, could allow the user to create an
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`unlimited number of drawings and save them as well. Thus, the configuration of a
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`program can change through the installation of a license.
`
`27. The configuration of a program may pertain to other aspects of the
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`program as well, such as the types of programs loaded on the device. In some
`
`situations, the programs consist of a main executable program and several other
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`files that the main program accesses for various purposes, such as code related to
`
`specific hardware interfaces, databases, etc. The collection of these programs can
`
`represent the configuration of the programs on the device.
`
`28.
`
`In addition, the configuration of the device may be associated with the
`
`versions of the programs on the device. For example, a device may have version
`
`1.2 email software and version 6.0 calendar software. Another device may have
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`version 1.5 email software and version 6.5 calendar software. These two devices
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`would be considered to have different program configurations because the versions
`
`of the software are not the same.
`
`29. Computer networks have been in use since the 1980s. For example,
`
`Ethernet networks based on the IEEE 802.3 standard were used in the late-2000
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`timeframe and providing connections to servers and other resource mostly from
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`stationary computers located in offices. The use of wireless networks based on
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`IEEE 802.11 started to proliferate in the early-2000 timeframe (when security and
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`APPLE EXHIBIT 1103
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`performance improved with the availability of WPA and 802.11g). Wireless
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`networks have been used primarily for smart phones, laptops, and other handheld
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`devices for mobile and portable use.
`
`VIII. THE ’852 PATENT
`30. The ’852 Patent, titled “Remote Update of Computers Based on
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`Physical Device Recognition,” discloses systems and devices “for remotely
`
`updating a program configuration.” Ex. 1101, Abstract, Claims 1-18. The
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`disclosed system “performs physical device recognition on the client device to
`
`determine its machine parameters, and generates unique device identifiers based
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`thereon, [then] analyz[es] the identifiers and determin[es] an updated program
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`configuration based on the collected identifiers matching known identifiers.” Id.,
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`Abstract.
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`31. The disclosed system controls remote program configuration using the
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`“device identifier” and “software identifier” of each client device. Id., 9:55-57.
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`According to the ’852 Patent, “physical device recognition of one or more machine
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`parameters of the client device” is performed. Id., 3:26-28. Using that
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`information, “[a]n application [] running on the client device 100 … may generate
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`a device identifier (e.g., a unique device identifier) using a process that operates on
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`data indicative of the configuration and hardware of the client device 100.” Id.,
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`6:58-63. The process for generating a “device identifier” “may include measuring
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`physical, non-user-configurable characteristics of disk drives and solid state
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`memory devices.” Id., 7:63-65. Moreover, the unique device identifier “may
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`include [machine] parameters expected to be unique to the client device 100, that
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`are for example, but not limited to: hard disk volume name, user name, computer
`
`name, user password, hard disk initialization date, or combinations thereof.” Id.,
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`5:36-41. The “machine parameters” “may further include, but are not limited to:
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`user account information, program information (e.g., serial number); location of a
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`user within a given application program, and features of the software/hardware the
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`user is entitled to use.” Id., 5:51-55.
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`32. The application running on the client device “may also include a
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`registration routine that collects or receives information regarding the software on
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`the client device 100 by checking information which is expected to be unique to
`
`software, for example, but not limited to the software serial number.” Id., 9:16-21.
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`33. After the identifiers are generated, the “application may electronically
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`send the device identifier and the software identifier to the auditing server 110 or
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`directly to the update server 120 via the Internet 102.” Id., 9:55-57. Next, “[t]he
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`unique identifiers are [] analyzed on the update server,” “an updated program
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`configuration for the client device [is determined] from the analysis of the unique
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`identifiers,” and “[t]he updated program configuration is delivered to the client
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`device.” Id., 4:35-39. The updated program configuration “delivered to the client
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`APPLE EXHIBIT 1103
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`Declaration of Mr. James Geier
`U.S. Patent No. 8,239,852
`device may include, but is not limited to: binary, executables, paths, dlls, miss or
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`assets.” Id., 5:55-58.
`
`IX. RICHARDSON AND DEMEYER
`A. Overview of Richardson (Ex. 1104)
`34. Richardson, titled “System and Method for Auditing Software
`
`Usage,” was filed on June 17, 2008, and published on December 25, 2008. Ex.
`
`1104, Cover.
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`35. Richardson discloses a system “for auditing and selectively restricting
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`software usage.” Ex. 1104, Abstract. When a “protected software” is executed on
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`a computer, the software “checks to see if a license is granted for this software to
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`run.” Id., [0020]. If a matching license key is not found, the user may seek to
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`authorize the software. Id., [0023]. In the software authorization process, the
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`software prompts the user to input the “product serial number,” compiles a “unique
`
`device identifier,” and transmits both the “product serial number” and “unique
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`device identifier” to a remote licensing “system 60” (also called “authorization
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`server”) for license verification. Id., [0023]; see also [0006], [0045]. Upon
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`verification of the software and device identifiers, the licensing system transmits
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`back an “unlock key” that en