`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ALACRITECH, INC.,
`
`Plaintiff,
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`Case No. 2:16-cv-693-JRG
`
`v.
`
`CENTURYLINK COMMUNICATIONS
`LLC, et al.
`
`Defendants.
`
`LEAD CASE
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`JURY TRIAL DEMANDED
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`Ex.1062.001
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`DELL
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`TABLE OF CONTENTS
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`I.
`
`II.
`
`III.
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`INTRODUCTION ...............................................................................................................1
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`LEVEL OF SKILL IN THE ART .......................................................................................2
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`DISPUTED CLAIM TERMS..............................................................................................3
`
`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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`H.
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`I.
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`J.
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`K.
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`L.
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`M.
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`“context [for communication]”................................................................................3
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`“status information”...............................................................................................15
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`“significant network layer or significant transport layer processing” ...................20
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`“substantially no network layer or transport layer processing”.............................23
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`“without an interrupt dividing”..............................................................................24
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`“second apparatus(es)”...........................................................................................31
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`“RE-ASSEMBLY” CLAIM TERMS....................................................................34
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`“FLOW” CLAIM TERMS ....................................................................................55
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`Other Terms ...........................................................................................................80
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`“means for receiving, by the network interface device from the computer,
`a command to transmit data from the computer to the network;” .........................90
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`“means for sending, by the network interface device to the network, data
`corresponding to the command, including means for prepending a
`transport layer header to at least some of the data” ...............................................96
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`“means for sending, by the network interface device to the computer, an
`indication that the data has been sent from the network interface device to
`the network, prior to receiving, by the network interface device from the
`network, an acknowledgement (ACK) that the data has been received”.............102
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`“means, coupled to the host computer, for receiving from outside the
`apparatus a response to an ISCSI read request command and for fast-path
`processing a portion of the response to the ISCSI read request command,
`the portion including data, the portion being fast-path processed such that
`the data is placed into the destination memory on the host computer
`without the protocol stack of the host computer doing significant network
`layer or significant transport layer processing, the means also being for
`receiving a subsequent portion of the response to the ISCSI read request
`command and for slowpath processing the subsequent portion such that
`the protocol stack of the host computer does network layer and transport
`layer processing on the subsequent portion.” ......................................................108
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`i
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`Ex.1062.002
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`DELL
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`N.
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`“first mechanism” / “second mechanism” ...........................................................116
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`IV.
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`OTHER COMMENTS.....................................................................................................131
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`ii
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`Ex.1062.003
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`DELL
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`REBUTTAL DECLARATION OF PAUL S. MIN IN SUPPORT OF PLAINTIFF’S
`CLAIM CONSTRUCTION BRIEF
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`I.
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`INTRODUCTION
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`1.
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`I have been retained by counsel for Plaintiff Alacritech, Inc. (“Alacritech”) as an
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`expert in this litigation to provide opinions regarding certain claim terms in U.S. Patent Nos.
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`7,124,205 (“the ’205 Patent”), 7,237,036 (“the ’036 Patent”), U.S. Patent No. 7,337,241 (“the
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`’241 Patent”), 7,673,072 (“the ’072 Patent”), U.S. Patent No. 7,945,699 (“the ’699 Patent”),
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`8,131,880 (“the ’880 Patent”), U.S. Patent No. 8,805,948 (“the ’948 Patent”), and U.S. Patent
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`No. 9,055,104 (“the ’104 Patent”) (collectively, the “Asserted Patents”). The scope and nature
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`of my retention is set forth in my February 22, 2017 Declaration (“Opening Declaration”), which
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`I incorporate into this document in its entirety.
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`2.
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`3.
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`My qualifications and experience are listed in my Opening Declaration.
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`I am not a lawyer. I have been instructed on the relevant legal standards
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`regarding claim construction, which I set forth in my Opening Declaration.
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`4.
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`The purpose of this Declaration is to address opinions rendered by Mr. Mark
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`Lanning in his February 22 Declaration of Mr. Mark Lanning Regarding Claim Construction.
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`(“Lanning Decl.”).
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`5.
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`In rendering my opinions, I considered the items listed in Exhibit A attached to
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`this Declaration, the items discussed or listed herein, and my own experiences in the field. I also
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`considered and consulted my Opening Declaration as well as the exhibits thereto. I understand
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`that discovery in this litigation is still ongoing, and I reserve the right to amend or supplement
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`my opinions in light of further documents, depositions, or discovery disclosures. I further
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`reserve the right to rely upon any additional information or materials that may be provided to me
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`or that are relied upon by any of Defendants’ experts or witnesses, if called to testify or to give
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`1
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`Ex.1062.004
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`DELL
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`
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`additional opinions regarding this matter. I reserve the right to address, including through
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`reference to new evidence and/or opinions, any further arguments and opinions raised by
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`Defendants, Mr. Lanning, or any other of Defendants’ experts once they are disclosed.
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`II.
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`LEVEL OF SKILL IN THE ART
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`6.
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`In my Opening Declaration, I set forth my opinion that “a person of ordinary skill
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`in the art with respect to the Asserted Patents would have: (i.) at least four years of relevant work
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`or research experience in the field of network engineering and/or design; (ii.) a Bachelor’s of
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`Science degree in electrical engineering, computer science, or a related field plus at least two to
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`three years of relevant work or research experience in the field of network engineering and/or
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`design, or (iii) an advanced degree (e.g., Masters or PhD) and one to two years of relevant work
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`or research experience in the field of network engineering and/or design.” (Opening Decl. at
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`¶55.)
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`7.
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`In his opening declaration, Mr. Lanning states that “I have been asked to assume
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`that a person of ordinary skill in the art at the time of the invention of the Patents-in-Suit would
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`be a person with at least the equivalent of a B.S. degree in computer science, computer
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`engineering or electrical engineering with at least five years of industry experience including
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`experience in computer architecture, network design, network protocols, software development,
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`and hardware development. In addition, someone with less technical education and more work or
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`research experience (or vice versa) could also qualify as a person of ordinary skill in the art.”
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`(Lanning Decl. at ¶ 7.)
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`8.
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`Initially, it is unclear whether Mr. Lanning is reciting his own opinion as to the
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`relevant level of skill in the art, or whether he is merely repeating an opinion that someone
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`else—presumably Defendants—instructed him to adopt. In either case, I disagree with Mr.
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`2
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`Ex.1062.005
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`DELL
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`Lanning and/or Defendants that the patent requires “at least five years of industry experience” in
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`addition to a B.S. degree in a computer-related field. As I recite above, I believe “at least two to
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`three years of relevant work or research experience” are required in addition to a B.S. degree in a
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`computer-related field. However, I have reviewed the relevant claim language, my opinions, and
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`the bases therefor in both my Opening Declaration and this Declaration, and confirmed that they
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`remain unchanged under Mr. Lanning’s and/or Defendants’ standard.
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`III.
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`DISPUTED CLAIM TERMS
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`A.
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`9.
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`“context [for communication]”
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`I understand the parties have proposed the following constructions for this term:
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`Alacritech
`“data regarding an active connection”
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`Indefinite
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`Defendants
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`10.
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`I set forth my opinions and the bases for those opinions as to Alacritech’s
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`construction in Paragraphs 71-79 of my Opening Declaration.
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`11.
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`In his declaration, Mr. Lanning asserts that a person of skill in the art would not
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`have understood “context” to have a particular meaning “because Alacritech has used the term
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`inconsistently.” (Lanning Decl. at ¶ 15.) Mr. Lanning then lists portions of different
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`specifications and transcripts wherein the context is described as containing data regarding an
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`active connection. (Lanning Decl. at ¶ 31.) Rather than supporting Defendants’ proposal, these
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`excerpts only show that Alacritech’s construction is appropriate, and that “context” should be
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`construed as “data regarding an active connection.”
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`12. Mr. Lanning’s complaint seems to be that because the “context” is described as
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`containing different data regarding the active connection, a person of skill in the art would be
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`uncertain as to its scope, and thus it should be deemed indefinite. This is akin to arguing that a
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`person would not know the scope of a “basket of fruit” should the basket be alternately described
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`3
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`Ex.1062.006
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`DELL
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`as containing apples, oranges, or bananas. Mr. Lanning’s opinion is without merit. Rather, a
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`person of skill would understand that by choosing to employ a broader term like “context” or
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`“context for communication” rather than a narrower term like “context for IP fragments” or
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`“context for TCP’s sliding window protocol,” the applicants intended the corresponding claims
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`to cover all such data regarding an active connection, rather than any singular embodiment. In
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`other words, the examples Mr. Lanning identifies in his declaration would be understood by a
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`person of skill in the art to be different, non-mutually exclusive embodiments of “context,” the
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`inclusion of which are exemplary, not self-contradictory.
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`13.
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`Paragraph 16 of Mr. Lanning’s declaration excerpts a paragraph from the 1997
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`Provisional Application, which is also recited at 37:63 to 38:10 of the ’036 patent.1 As I noted in
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`my prior declaration, this paragraph shows that “‘a context is required to keep track of
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`information that spans many, possibly discontiguous, pieces of information’ such as IP
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`reassembly, checksum information being calculated across an IP datagram, and information
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`regarding segments sent, received, and/or acknowledged.” (Opening Decl. at ¶ 75.) “These
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`examples of ‘context’ in the specification are all consistent with Alacritech’s proposed
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`construction as well as the manner in which a person of ordinary skill in the art would have
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`understood the tern ‘context’ as used in the asserted claims.” (Id.)
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`14.
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`In Paragraph 17, Mr. Lanning refers to the portion of the 1997 Provisional
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`Application that is replicated in 37:63 to 38:50 of the ’036 patent, then asserts “one of ordinary
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`skill in the art reading the 1997 Provisional Application would have concluded that for TCP data,
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`the ‘context’ must include the information required to handle the sliding window protocol of
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`1 Since the ’036 and ’072 patents share a specification, the same section naturally appears in the
`’072 patent at 37:31-45. For the sake of brevity, I have refrained from providing redundant
`citations during the remainder of this declaration.
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`4
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`Ex.1062.007
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`DELL
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`TCP (the second context).” I disagree. Rather, a person of skill in the art would have concluded
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`that the context may include “the information required to handle the sliding window protocol of
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`TCP,” but that it is not required to do so. That the same paragraph explicitly describes a second
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`type of context used to reassemble IP fragments shows that “context” is broader than a “TCP
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`sliding window” embodiment.
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`15.
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`In Paragraphs 18-19, Mr. Lanning refers to a portion of the 1997 Provisional
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`Application, which is also recited at 39:34-40 of the ’036 patent. As I noted in my prior
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`declaration, this paragraph shows that a “‘context associated with [a] connection’ may include
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`‘the source and destination IP addresses and source and destination TCP ports that define the
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`connection’ as well as ‘information about the connection itself such as the current send and
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`receive sequence numbers, and the first-hop MAC addresses etc.’” (Opening Decl. at ¶ 75.)
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`Again, “[t]hese examples of ‘context’ in the specification are all consistent with Alacritech’s
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`proposed construction as well as the manner in which a person of ordinary skill in the art would
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`have understood the tern ‘context’ as used in the asserted claims.” (Id.)
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`16. Mr. Lanning, however, asserts that because that patent states that a “TCB is a
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`structure that contains the entire context associated with a connection,” a person of skill “would
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`further conclude that for TCP data, the scope of the term ‘context’ is the information contained
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`in the TCB.” First, Mr. Lanning’s interpretation of the cited portion of the specification (’072
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`Patent at 39:2-3) as limiting the scope of the claim term “context,” is misplaced. The
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`specification explicitly states that the “connection” referred to in this embodiment is a “TCP
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`connection.” See ’072 Patent at 38:64-68. Thus, in the embodiment Mr. Lanning refers to, it
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`makes sense that a TCB would be used to store context. However, the specification also
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`expressly contemplates contexts for non-TCP connections, e.g. SPX and TTCP. (See ’072 Patent
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`5
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`Ex.1062.008
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`DELL
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`
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`at 8:53:9:5, 9:10:27, 11:18-36, 15:1-19, 15:33-43, 17:2-18, 18:25-35.) This disclosure makes
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`clear to a person of ordinary skill in the art that a context need not contain any TCP-specific
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`information at all. For example, the SPX protocol is based on the IPX protocol at the network
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`layer, which is different from the IP protocol, on which the TCP protocol is based. SPX relies on
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`buffer allocation at the receiver and does not use the sliding window flow control used in TCP.
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`(Encyclopedia of Networking, Electronic Edition (1998) at 739-740.) Further, Mr. Lanning’s
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`conclusion is logically flawed: even when a TCB is used, a person of ordinary skill in the art
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`would not understand a TCB to be limited to context information; and nothing in the
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`specification precludes the TCB from storing other, non-context information nor is context
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`always stored in a TCB. Instead, as the specification makes clear, in that particular embodiment,
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`the context associated with a connection is contained in a TCB (along with other information).
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`Moreover, that the patent describes the TCB as “contain[ing] the entire context associated with a
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`connection” would indicate to a person of skill that a “context” as recited in the claims—without
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`the “entire”—is intended to correspond to part or all of the stored data regarding the active
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`connection. In any event, a person of skill would understand that the specification’s description
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`of one embodiment of how context may be stored does not require that all contexts in all
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`embodiments be stored in the same manner, for the same reason that a specification describing a
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`“basket of bananas”—among other embodiments—would not require that a claim reciting a
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`“basket of fruit” to be limited to bananas.
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`17.
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`In Paragraphs 20-23, Mr. Lanning cites to a number of extrinsic sources that he
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`believes support his opinion that the term “context” as used in the claims of the ’036 and ’072
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`Patents is indefinite. As an initial matter, Mr. Lanning does not demonstrate that a person of
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`skill in the art would have had access to, much less considered such sources relevant, in
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`6
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`Ex.1062.009
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`DELL
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`ascertaining the meaning of “context” as it is used in the patents. I do not believe that any of the
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`sources Mr. Lanning relies on inform or reflect the way a person of ordinary skill in the art
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`would understand “context” in these particular patent claims.
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`18.
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`In Paragraph 20, Mr. Lanning points to two sentences in the 1981 Transmission
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`Control Protocol (TCP) specification (RFC 793) that introduce the notion of a “TCB.” A person
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`of ordinary skill in the art would not consider the cited sections of RFC 793 as relevant to the
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`meaning of “context” within the scope of the ’036 and ’072 Patent claims. Indeed, I do not see
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`the word “context” used at all in the cited sections, and a word search finds it is only mentioned
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`once in an unrelated section (88801DOC000923). I reserve the right to provide testimony as to
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`RFC 793, should Mr. Lanning ever opine on its relevance, but based on his declaration, it does
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`not appear relevant to the definition of “context” as used herein.
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`19.
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`In Paragraph 21, Mr. Lanning quotes from an April 13, 1999 document that he
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`contends was produced in prior litigation between Alacritech and Microsoft. (ALA07371912.)
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`Mr. Lanning’s declaration does not establish any basis for his opinion that this document would
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`be relevant to show or inform the manner in which a person of ordinary skill in the art would
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`interpret the term “context” as it is used in the ’072 and ’036 Patent claims. For example, I do
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`not see any indication that this document was publicly-available at or around the time of the
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`invention and Mr. Lanning does not articulate any basis for assuming that an internal,
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`unpublished document would inform the understanding of a person of ordinary skill in the art.2
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`20.
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`To the extent Mr. Lanning is suggesting that this piece of extrinsic evidence
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`would be considered by a person of ordinary skill in the art to limit the meaning of “context” as
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`2 Indeed, the document appears to have been created approximately two years after the date of
`the invention and does not appear to have been produced in the Microsoft litigation until seven
`years after the date of the invention.
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`7
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`Ex.1062.010
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`DELL
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`it is used in the ’072 and ’036 Patents to something narrower than its plain and ordinary
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`meaning, I disagree. The first page of the cited document (Lanning Decl. Ex. 14) states that the
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`attached documents provides “a rough idea of the amount of changes that would be required to
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`port our fast path tcp task offload to your TCP/IP protocol stack.” (ALA07371911.) Moreover,
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`a facial review of the cited portions of the document suggests that, at most, the author is talking
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`about an example of a specific type of context – i.e., the “TCP context” that was used in the
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`particular the embodiment reflected in the document. In any event, that a “TCP context”
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`embodiment contains “the set of variables used to represent the state of a given TCP connection”
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`does not mandate that the broader “context” term be so limited. Again by way of analogy, that a
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`particular fruit basket (e.g., a tropical fruit basket) contains pineapples does not mean that every
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`type of fruit basket must contain pineapples.
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`21.
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`In Paragraph 22, Mr. Lanning cites to a transcript of an audio recording submitted
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`to the United States Patent Office in interference proceedings relating to the ’140 Patent, which I
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`understand is not asserted in this case. Again, Mr. Lanning does not provide any basis for any
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`suggestion that this transcript would have been considered relevant to a person of ordinary skill
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`in the art in interpreting the claims of the ’036 and ’072 Patent. To the contrary, it appears that
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`the recording only became a matter of public record in 2011, which is years after the invention
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`date. I further note that based on the date of the transcript, the discussion occurred in February,
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`2011 (ALA07396518), long after the effective filing dates for either the ’036 or ’072 patents
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`(Opening Decl. at ¶¶ 24-26) and after both patents had issued. Moreover, the corresponding
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`Interference—matter 105,775—involved U.S. Application No. 09/692,561 (ALA07370248),
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`which matured into U.S. Patent No. 8,631,140. I have been informed that the ’140 Patent is not
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`asserted in this case, does not share a specification with either the ’036 or ’072 Patents, and its
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`8
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`Ex.1062.011
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`DELL
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`claims do not even recite a “context.” It is thus unclear how the cited excerpt relates to the
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`construction of “context” in the ’036 and ’072 Patents.
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`22.
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`Additionally, the transcript attached to Mr. Lanning’s declaration as Exhibit 15
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`does not identify the speakers and there are many portions marked “inaudible,” therefore it is not
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`clear to me that the recording/transcript actually is “a discussion among the inventors of the ’072
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`and ’036 Patents relating to who invented what and when.” (Lanning Decl. at ¶ 22.) To the
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`contrary, the cited portion of the transcript appears to be a discussion of the speakers’
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`recollections of their contributions to a particular embodiment of their inventions wherein some
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`context information is passed between the host and the network interface device. Thus, at most,
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`the cited portion of the transcript reflects one inventor’s post hoc recollection, at the time of the
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`recording, more than a decade after most of the salient work had been done, regarding his
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`contribution to the claimed invention(s) recited in the un-asserted ’140 Patent.
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`23.
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`In Paragraph 23, Mr. Lanning quotes two documents from the same interference
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`proceeding that occurred after the ’036 and ’072 Patent issued, involving a patent application
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`with a different specification and with claims that do not recite a “context.” The first document
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`confirms my understanding of the prior conversation: that the “context” being described in the
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`recording reflected one inventor’s post hoc recollection of his contribution to the unasserted ’140
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`patent. (ALA07370264 at 67:21 to 68:2.) At most, it indicates that one of the embodiments of a
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`context in the unasserted ’140 patent is “defined by the TCB.” The second document similarly
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`indicates that one of the embodiments of a context in the unasserted ’140 patent may be
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`information in the TCB. (ALA07370542 at 122:11 to 123:12.) These disclosures are not
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`inconsistent with Alacritech’s proposed construction of “context” nor do they contain any
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`9
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`Ex.1062.012
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`DELL
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`indication that the statements are intended to limit the term in a particular manner that is
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`inconsistent with its plain and ordinary meaning.
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`24.
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`In Paragraph 24, Mr. Lanning quotes from the shared specification of the ’036
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`and ’072 patents, but omits relevant portions of the document, which I have included below:
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`If, on the other hand, the attention bit is a zero, then processor 470 determines that
`the packet is a “fast-path candidate”. If processor 470 determines that the packet
`is a “fast-path candidate”, then processor 470 uses the buffer descriptor from the
`summary to DMA transfer the first approximately 96 bytes of information from
`buffer 2114 from DRAM 460 into a portion of SRAM 440 so processor 470 can
`examine it. This first approximately 96 bytes contains status 2223 as well as the
`IP source address of the IP header, the IP destination address of the IP header, the
`TCP source address of the TCP header, and the TCP destination address of the
`TCP header. The IP source address of the IP header, the IP destination
`address of the IP header, the TCP source address of the TCP header, and the
`TCP destination address of the TCP header together uniquely define a single
`connection context (TCB) with which the packet is associated.
`Processor 470 examines these addresses of the TCP and IP headers and
`determines the connection context of the packet. Processor 470 then checks a list
`of connection contexts that are under the control of INIC card 200 and determines
`whether the packet is associated with a connection context (TCB) under the
`control of INIC card 200.
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`(’036 patent at 30:63 to 31:17.) As the full quote makes clear, the applicants used “TCB” to
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`refer to a specific kind of “connection context”: one that includes TCP and IP source and
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`destination addresses. This embodiment of “context” was explicitly claimed in, e.g., ’072 claim
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`15, which requires “a context that includes status information and Internet Protocol (IP)
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`addresses and TCP ports for the connection.” That claim 15 further requires that the “context”
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`contain TCP ports and IP addresses would indicate to a person of skill in the art that “context”
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`standing alone is not so limited.
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`25.
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`In Paragraph 25, Mr. Lanning asserts that “a person of ordinary skill in the art
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`would understand ‘context’ as used in the ’072 and ’036 Claims to mean the TCB, or
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`equivalently, ‘the set of variables used to represent the state of a given TCP connection.’” I
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`disagree. As I discuss above, the descriptions recited by Mr. Lanning only describe one
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`10
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`Ex.1062.013
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`DELL
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`embodiment of the context as relating to the state of the TCP connection. Nothing in the
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`documents Mr. Lanning cites indicates that the applicants intended to restrict or disclaim other
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`meanings of “context.” Moreover, the invention explicitly supports transport protocols other
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`than TCP, including SPX, NCP, and TTCP:
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`FIG. 3 diagrams the general flow of messages received according to the current
`invention. A large TCP/IP message such as a file transfer may be received by the
`host from the network in a number of separate, approximately 64 KB transfers,
`each of which may be split into many, approximately 1.5 KB frames or packets
`for transmission over a network. Novell NetWare protocol suites running
`Sequenced Packet Exchange Protocol (SPX) or NetWare Core Protocol
`(NCP) over Internetwork Packet Exchange (IPX) work in a similar fashion.
`Another form of data communication which can be handled by the fast-path is
`Transaction TCP (hereinafter T/TCP or TTCP), a version of TCP which
`initiates a connection with an initial transaction request after which a reply
`containing data may be sent according to the connection, rather than initiating a
`connection via a several-message initialization dialogue and then transferring data
`with later messages. In any of the transfers typified by these protocols, each
`packet conventionally includes a portion of the data being transferred, as well as
`headers for each of the protocol layers and markers for positioning the packet
`relative to the rest of the packets of this message.
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`(‘036 Patent at 8:50 to 9:4.) Given the patents’ explicit recitation of non-TCP protocols, a person
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`of skill in the art would not have understood “context” to require information about a TCP
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`connection.
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`26.
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`In Paragraph 26, Mr. Lanning asserts that the ’036 and ’072 Patents “equate[]
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`‘context’ with a communication control block (CCB).” That is incorrect, as the patents treat
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`“contexts” and “CCBs” as different concepts, even in Mr. Lanning’s quote: “FIGS. 19A-C show
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`a least-recently-used register 900 that is employed for choosing which contexts or CCBs to
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`maintain in INIC cache memory.” (‘036 Patent at 24:38-40.) As the shared specification
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`explains earlier, “[t]he context may be passed between an interface for the session layer 42 and
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`the CPD 30, as shown by arrows 52 and 54, and stored as a communication control block
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`(CCB) at either CPD 30 or storage 35.” (’036 Patent at 7:66 to 8:2 (emphasis added).) Thus the
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`11
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`Ex.1062.014
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`DELL
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`’036 and ’072 Patents indicate that a context may be stored within a CCB, not that the two are
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`equivalent.
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`27.
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`In paragraph 27, Mr. Lanning simplistically asserts that “the CCB is different
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`from the TCB.” That is imprecise: rather, the specification suggests that a TCB is a type of
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`CCB—neither of which is a “context” but which may be used to store a context. As the patents
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`explain, a context “summariz[es] various features of the connection” and may be stored as a
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`CCB. (’036 Patent at 7:62-8:2.) Since the patents support multiple transport layers such as TCP,
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`SPX, and TTCP, the patents describe creating CCBs to handle contexts for each of the
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`corresponding connections. (Id. at 11:20-28.) The patents then note that “[i]n any case, the CCB
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`provides protocol and status information regarding each of the protocol layers.” (Id. at 11:30-
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`31.) “Thus a CCB can include source and destination media access control (MAC) addresses,
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`source and destination IP or IPX addresses, source and destination TCP or SPX ports, TCP
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`variables such as timers, receive and transmit windows for sliding window protocols, and
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`information indicating the session layer protocol.” (Id. at 15:22-27 (emphasis added).) This is
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`similar to the information that defines a TCB: “the source and destination IP addresses and
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`source and destination TCP ports that define the connection” as well as “information about the
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`connection itself such as the current send and receive sequence numbers, and the first-hop MAC
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`address, etc.” (Id. at 39:33-40.) Unlike the CCB, however, the TCB is described as storing
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`TCP-related information, rather than information relating to other transport protocols such as
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`SPX and TTCP. Given their similar names—“communication control block” and “transmit
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`control block”—and that they may both used to store the context of a connection, a person of
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`skill in the art would conclude that a TCB is a CCB that contains information related to a TCP
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`connection.
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`12
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`Ex.1062.015
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`DELL
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`28.
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`In Paragraph 28, Mr. Lanning quotes from the patent specification while omitting
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`relevant information. The full paragraph and corresponding figure are below:
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`FIG. 4B, depicts the case in which the receive logic 32 of the CPD determines
`that a message packet is a candidate for fast-path processing, for example by
`deriving from the packet's headers that the packet belongs to a TCP/IP, TTCP/IP
`or SPX/IPX message. A processor 55 in the CPD 30 then checks to see whether
`the word that summarizes the fast-path candidate matches a CCB held in a
`cache 62. Upon finding no match for this packet, the CPD sends the validated
`packet from memory 60 to the host protocol stack 44 for processing. Host
`stack 44 may use this packet to create a connection context for the message,
`including finding and reserving a destination for data from the message associated
`with the packet, the context taking the form of a CCB. The present embodiment
`employs a single specialized host stack 44 for processing both fast-path and non-
`fast-path candidates, while in an embodiment described below fast-path
`candidates are processed by a different host stack than non-fast-path candidates.
`Some data (D1) 66 from that initial packet may optionally be sent to the
`destination in storage 35, as shown by arrow 68. The CCB is then sent to the
`CPD 30 to be saved in cache 62, as shown by arrow 64. For a traditional
`connection-based message such as typified by TCP/IP, the initial packet may be
`part of a connection initialization dialogue that transpires between hosts before
`the CCB is created and passed to the CPD 30.
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`(’036 Patent at 10:10-34.) This section describes how an embodiment of the invention handles a
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`new connection: by passing an incoming packet to the host stack, which allocates memory for
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`the data of the packet as well as data from additional expected packets, then passing a CCB
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`containing the context back to the CPD. The CPD then uses that cached CCB to store
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`subsequent packets in the allocated memory, bypassing the host stack. (Id. at 10:35-51; Fid. 4C.)
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`Thus in this embodiment, the context—the data regarding the active connection—also includes
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`the memory address in which to store information received from that connection. As a person of
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`13
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`Ex.1062.016
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`DELL
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`skill in the art would understand, the corresponding memory must be allocated before
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`information can be stored in it.
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`29.
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`In Paragraphs 29 and 30, Mr. Lanning complains that the ’072 claims are
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`“inconsistent with the meaning of ‘context’ in the 1997 Provisional.” That is incorrect. Mr.
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`Lanning’s primary complaint seems to be that the disclosure is inconsistent with his narrowly
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`circumscribed view of what “context” should mean when limited to a particular example raised
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`in the Provisional Application. As I discuss above and in my Opening Declaration, the 1997
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`Provisional describes a context as “keep[ing] track of information that spans many, possibly
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`discontiguous, pieces of information” rel