UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GOOGLE LLC,
`Petitioner
`v.
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`SEVEN NETWORKS, LLC,
`Patent Owner
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`INTER PARTES REVIEW OF U.S. PATENT NO. 9,516,129
`Case IPR No.: IPR2018-01047
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`DECLARATION OF JUSTIN DOUGLAS TYGAR, PH.D.
`LI IN VIEW OF BLACK
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`Page 1 of 97
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`GOOGLE EXHIBIT 1003
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`GOOGLE LLC,
`Petitioner
`v.
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`SEVEN NETWORKS, LLC,
`Patent Owner
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`INTER PARTES REVIEW OF U.S. PATENT NO. 9,516,129
`Case IPR No.: IPR2018-01047
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`DECLARATION OF JUSTIN DOUGLAS TYGAR, PH.D.
`LI IN VIEW OF BLACK
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`Page 1 of 97
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`GOOGLE EXHIBIT 1003
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`Declaration of Dr. J. Douglas Tygar
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`U.S. Patent No. 9,516,129
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`Table of Contents
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`Introduction ...................................................................................................... 3
`I.
`Qualifications ................................................................................................... 4
`II.
`Scope of Opinions ............................................................................................ 5
`III.
`IV. Materials Considered ....................................................................................... 5
`V.
`Legal Principles ............................................................................................... 8
`VI. Level of Ordinary Skill in the Art ................................................................. 15
`VII. Summary of Opinions .................................................................................... 17
`VIII. Overview of the ’129 Patent .......................................................................... 17
`IX. Background of the Technology ..................................................................... 22
`X.
`Claim Construction ........................................................................................ 24
`XI. Overview of Prior Art .................................................................................... 26
`XII. Claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35 Would Have Been
`Obvious Over Li in View of Black ................................................................ 32
`XIII. Conclusion ..................................................................................................... 97
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`Declaration of Dr. J. Douglas Tygar
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` U.S. Patent No. 9,516,129
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`I, Justin Douglas Tygar, Ph.D., declare:
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`I.
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`Introduction
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`1. My name is Justin Douglas Tygar, Ph.D., and I have been retained by
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`counsel for Petitioner Google LLC (“Google” or “Petitioner”) as an expert witness
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`in the above-captioned proceeding. Counsel asked me to prepare this declaration to
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`provide certain technical background and opinions in connection with an inter
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`partes review (IPR) petition of U.S. Patent No. 9,516,129 (the ’129 patent, Ex.
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`1001) assigned to Patent Owner SEVEN Networks LLC (“Patent Owner”). 1
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`2. My opinions in this declaration are based on my years of education,
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`research and experience, as well as my investigation and study of relevant
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`materials. The materials that I studied for this declaration include the documents
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`identified in Section IV of this declaration.
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`3.
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`To the extent Patent Owner presents any rebuttal in response to this
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`declaration, whether in any pleading, cross-examination, or rebuttal expert
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`declaration, I may rely upon the same materials, my knowledge and experience,
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`and additional materials to rebut arguments raised by the Patent Owner and its
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`experts. I may also consider additional documents and information in providing
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`1 All references to “Ex. __” in this declaration refer to Google’s Exhibits
`concurrently filed with Google’s petition.
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`Declaration of Dr. J. Douglas Tygar
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`responsive facts or opinions, including documents that may not yet have been
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`U.S. Patent No. 9,516,129
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`provided to me.
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`4. My analysis of the materials produced in this investigation is ongoing
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`and I will continue to review any new material as it is provided. This declaration
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`represents only those opinions I have formed to date. I reserve the right to revise,
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`supplement, and amend my opinions stated here based on new information and on
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`my continuing analysis of the materials already provided.
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`5.
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`I am being compensated at my standard consulting rate of $500 per
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`hour for my time spent working on issues in this case. My compensation does not
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`depend on the outcome of this matter or the facts or opinions that I express.
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`II. Qualifications
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`6.
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`Since 1998, I have been a Full Professor at the University of
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`California, Berkeley. I hold a professor position in two departments at U.C.
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`Berkeley: the Department of Electrical Engineering and Computer Sciences
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`(Computer Sciences Division) and the School of Information.
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`7. Before joining U.C. Berkeley, I was a tenured professor at Carnegie
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`Mellon University in Computer Science, where I had a faculty appointment since
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`1986.
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`8.
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`I received my Ph.D. in Computer Science from Harvard University in
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`1986.
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`U.S. Patent No. 9,516,129
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`9.
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`I have extensive research, teaching, and industry experience in the
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`areas of computer security, electronic commerce, mobile devices, and wireless
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`networks, with a special research interest in the design, implementation, and digital
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`rights management of software and applications as it relates to those areas.
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`10. Additional details about my employment history, fields of expertise,
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`and publications are further set forth in detail in my curriculum vitae (Appendix
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`A), which I hereby incorporate by reference into this section of my declaration.
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`III. Scope of Opinions
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`11. Counsel for Google asked me to provide my opinions and any relevant
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`facts relating to the validity of claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35 of the
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`’129 patent in view of U.S. Patent Application Publication No. 2010/0077035
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`(“Li”) and U.S. Patent Application Publication No. 2011/185202 (“Black”).
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`12. Counsel for Google told me to assume that both Li and Black are prior
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`art to the ’129 patent.
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`13. This declaration, including the exhibits I cite, sets forth my opinions
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`requested from counsel.
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`IV. Materials Considered
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`14.
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`In connection with preparing this declaration, I have considered at
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`least the following documents :
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`U.S. Patent No. 9,516,129
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`Exhibit
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`Description
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`Ex-1001 U.S. Patent No. 9,516,129
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`Ex-1002 Prosecution File History of U.S. Patent No. 9,516,129
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`Ex-1005 U.S. Patent Application Publication No. 2010/0077035 to Li et al.
`(“Li”)
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`Ex-1006 U.S. Patent Application Publication No. 2011/0185202 to Black et al.
`(“Black”)
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`Ex-1007 Provisional App. No. 61/367,871
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`Ex-1008 Provisional App. No. 61/367,870
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`Ex-1009 Provisional App. No. 61/408,858
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`Ex-1010 Provisional App. No. 61/408,829
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`Ex-1011 Provisional App. No. 61/408,839
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`Ex-1012 Provisional App. No. 61/408,846
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`Ex-1013 Provisional App. No. 61/408,854
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`Ex-1014 Provisional App. No. 61/408,826
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`Ex-1015 Provisional App. No. 61/408,820
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`Ex-1016 Provisional App. No. 61/416,020
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`Ex-1017 Provisional App. No. 61/416,033
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`Ex-1018 Provisional App. No. 61/430,828
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`U.S. Patent No. 9,516,129
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`Ex-1019 U.S. Patent No. 8,135,392 to Marcellino et al. (“Marcellino”)
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`Ex-1020
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`IP-Based Next-Generation Wireless Networks: Systems,
`Architectures, and Protocols, Chen & Tao (2004)
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`Ex-1021 UMTS Networks: Architecture, Mobility and Services, 2nd Ed.,
`Kaaranen, Ahtiainen, Laitinen, Naghian & Niemi (2005)
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`Ex-1022 GPRS Networks, Sanders, Thorens, Reisky, Rulik & Deylitz (2003)
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`Ex-1023 GSM Evolution: Mobile Packet Data Services, Stuckmann (2003)
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`Ex-1024 U.S. Patent No. 9,553,816 (the ’816 patent)
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`Ex-1025 Prosecution File History of U.S. Patent No. 9,553,816
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`Ex-1026 SEVEN Networks, LLC v. ZTE (USA), Inc., No. 3:17-cv-01495-M,
`Defendant ZTE (USA), Inc.’s Opening Claim Construction Brief,
`Dkt. 79 (E.D.Tex Feb. 21, 2018)
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`Ex-1027 SEVEN Networks, LLC v. ZTE (USA), Inc., No. 3:17-cv-01495-M,
`SEVEN Networks, LLC’s Responsive Claim-Construction Brief, Dkt
`88 (E.D.Tex Mar. 6, 2018)
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`Ex-1028 SEVEN Networks, LLC v. Google Inc., No. 2:17-cv-442-JRG,
`SEVEN Networks Infringement Contentions to Google LLC (Sept. 6,
`2017)
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`U.S. Patent No. 9,516,129
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`Ex-1029 SEVEN Networks, LLC v. ZTE (USA) Inc., Case No. 3:17-cv-01495,
`Dkt. No. 77, SEVEN Networks’ Opening Claim Construction Brief
`(Feb. 20, 2018, E.D. Tex.)
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`Ex-1030 SEVEN Networks, LLC v. Google LLC, Case No. 2:17-cv-00442, Dkt.
`No. 77, SEVEN Networks’ Proposed Claim Constructions and
`Extrinsic Evidence (April 27, 2018, E.D. Tex.)
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`Ex-1031 Reserved
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`Ex-1032 Reserved
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`Ex-1033 Reserved
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`Ex-1035 Reserved
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`Ex-1036 Reserved
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`Ex-1036 SEVEN Networks, LLC v. Google LLC, No. 2:17-cv-442-JRG,
`SEVEN Networks Infringement Contentions to Google LLC
`Regarding U.S. Patent No. 8,811,952 (Sept. 6, 2017)
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`Ex-1037 SEVEN Networks, LLC v. Google LLC, No. 2:17-cv-442-JRG, Joint
`Claim Construction and Prehearing Statement (May 15, 2018)
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`15.
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`I also have relied on my academic and professional experience in
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`reaching the opinions expressed in this declaration.
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`V. Legal Principles
`I have been asked to provide my opinions as to whether the cited prior
`16.
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`art teaches or renders obvious the limitations of claims 1-11, 13, 14, 17-27, 29, 30,
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`34, and 35 of the ’129 patent from the perspective of a person of ordinary skill in
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`U.S. Patent No. 9,516,129
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`the art as of July 26, 2010, as I describe in more detail below.
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`17.
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`I am a computer scientist by training and profession. The opinions I
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`express in this declaration involve the application of my technical knowledge and
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`experience to the evaluation of certain prior art with respect to the ’129 patent. I
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`am not an attorney. For purposes of this declaration, counsel for Google has
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`informed me about certain aspects of the law as it relates to my opinions.
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`18. Counsel informed me that there are two ways in which prior art may
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`render a patent claim unpatentable. First, the prior art can be shown to “anticipate”
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`the claim. Second, the prior art can be shown to have made the claim “obvious” to
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`a person of ordinary skill in the art. Counsel informed me that for an invention
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`claimed in a patent to be found patentable, it must be new and not obvious based
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`on what was known before the invention was made.
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`19. Counsel also informed me that the information used to evaluate
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`whether an invention was new and not obvious when made is generally referred to
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`as “prior art.” Counsel informed me that the prior art includes patents and printed
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`publications that existed before the earliest filing date of the patent (the “effective
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`filing date”). Counsel further informed me that a patent or published patent
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`application is prior art if it was filed before the effective filing date of the claimed
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`invention and that a printed publication is prior art if it was publicly available
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`U.S. Patent No. 9,516,129
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`before the effective filing date.
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`20. Counsel informed me that in this inter partes review proceeding, the
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`claims must be given their broadest reasonable interpretation consistent with the
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`patent specification, as understood by a person of ordinary skill in the art. After the
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`claims are construed in this manner, they are then compared to the prior art.
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`21. Counsel informed me that a dependent claim is a patent claim that
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`refers back to another patent claim. Counsel informed me that a dependent claim
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`includes all of the limitations of the claim to which it refers.
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`22. Counsel informed me that in this inter partes review proceeding, the
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`information that may be evaluated is limited to patents and printed publications.
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`My analysis, which is set out in detail below, compares the claims to printed
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`publications that I was told to assume are prior art to the claims.
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`23. Counsel informed me that a person cannot obtain a patent on an
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`invention if the prior art included that invention. Counsel informed me that a patent
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`claim is “anticipated,” and, therefore invalid, if a single prior art reference
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`discloses (expressly or inherently) each and every element of the claimed invention
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`in a manner sufficient to enable a person of ordinary skill in the art to practice the
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`invention, thus placing the invention in possession of the public.
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`24. Counsel also informed me that under certain circumstances, multiple
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`references may be used to prove anticipation by (a) showing that the primary
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`reference contains an enabled disclosure, (b) explaining the meaning of a term used
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`in the primary reference, or (c) showing that a characteristic not disclosed in the
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`reference is inherent.
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`25. Counsel informed me that a patent claim is unpatentable as being
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`obvious in view of prior art if the differences between the subject matter sought to
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`be patented and the prior art are such that the subject matter as a whole would have
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`been obvious to a person of ordinary skill in the art at the time the alleged
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`invention was made. Counsel informed me that an obviousness analysis takes into
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`consideration factual inquiries such as the level of ordinary skill in the art, the
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`scope and content of the prior art, and the differences between the prior art and the
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`patent claim, and any objective “secondary considerations.”
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`26. Counsel informed me that in determining the scope and content of the
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`prior art, a reference is considered relevant prior art to the ’129 patent if it falls
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`within the field of the inventor’s endeavor as of the effective filing date of the
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`patent. Counsel also informed me that a prior art reference is relevant to the
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`claimed invention if the reference is pertinent to the particular problem with which
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`the inventor was involved. Counsel further informed me that a prior art reference is
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`relevant to the claimed invention if it relates to the same problem or technology as
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`the claimed invention. Counsel informed me that a reference which is relevant
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`U.S. Patent No. 9,516,129
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`prior art to the claimed invention would support use of that reference in an
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`obviousness analysis.
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`27. Counsel informed me that there may be several rationales for
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`combining prior-art references or modifying a reference as part of an obviousness
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`analysis. Counsel informed me that these rationales include combining prior art
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`elements according to known methods to yield predictable results, simple
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`substitution of a known element for another to obtain predictable results, a
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`predictable use of prior art elements in accordance with their established functions,
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`applying a known technique to improve a known device (or process) and yield
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`predictable results, and choosing from a finite number of known predictable
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`solutions with a reasonable expectation of success. Counsel informed me that an
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`obviousness analysis takes into consideration whether the prior art provides a
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`teaching, suggestion, or motivation to combine teachings of multiple prior art
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`references to arrive at the patent claim.
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`28. Counsel informed me that the obviousness analysis need not seek out
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`precise teachings directed to the specific subject matter of the challenged claim,
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`but instead can take account of the ordinary innovation and experimentation in the
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`relevant field that does no more than yield predictable results. In assessing whether
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`there was an apparent reason to modify or combine known elements as claimed,
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`counsel informed me that it may be necessary to look to interrelated teachings of
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`U.S. Patent No. 9,516,129
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`multiple patents or prior art references, the effects of commercial demands, and the
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`background knowledge of a person of ordinary skill in the art. Counsel informed
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`me that any motivation that would have applied to a person of ordinary skill in the
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`art, including motivation from common sense or derived from the problem to be
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`solved, is sufficient to explain why references would have been combined.
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`29. Counsel informed me that modifications and combinations suggested
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`by common sense are important and should be considered. Common sense
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`suggests that familiar items can have obvious uses beyond the particular
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`application being described in a prior art reference, that if something can be done
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`once it would be obvious to do it multiple times, and that in many cases a person of
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`ordinary skill in the art can fit the teachings of multiple patents together in an
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`obvious manner to address a particular problem. Counsel informed me that the
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`prior art does not need to be directed to solving the same problem that is addressed
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`in the patent.
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`30. Counsel also informed me that a person of ordinary skill in the art is
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`also a person of ordinary creativity. Counsel informed me that, in many fields, it
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`may be that there is little discussion of obvious techniques, modifications, and
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`combinations, and it may be the case that market demand, rather than scientific
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`research or literature, will drive a new design. Counsel informed me that when
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`there is market pressure or a design need to solve a particular problem and there
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`U.S. Patent No. 9,516,129
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`are a finite number of identified, predictable solutions, a person of ordinary skill
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`has a good reason to employ the known options. Counsel further informed me that
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`if employing such known options would lead to expected success, then the success
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`is likely the product of ordinary skill and common sense as opposed to patentable
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`innovation. Counsel informed me that if a combination was obvious to try, that
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`may show that it was obvious and therefore unpatentable. Counsel informed me
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`that if a particular combination of prior art elements was obvious to try, that would
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`suggest the combination was obvious even if no one previously made the
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`combination in practice.
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`31. Counsel informed me that certain objective secondary considerations
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`may be relevant to a determination of whether an invention was obvious. Counsel
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`informed me that such secondary considerations may include (a) whether there was
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`a long felt and long unmet need for the invention, (b) whether the invention
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`achieved unexpected results, (c) the commercial success of the invention, and
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`(d) whether the invention was copied or praised within the industry.
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`32.
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`I have not seen any evidence of secondary considerations that would
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`support a determination of non-obviousness of the claimed subject matter in the
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`’129 patent.
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`33. Counsel informed me that Google has argued the ’129 patent is not
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`entitled to the priority date of its provisional applications and that the earliest
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`possible priority date for the ’129 patent is July 22, 2011, which is the U.S. filing
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`date of the parent of the ’129 patent.
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`34. Counsel further told me that if the ’129 patent were entitled to the
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`priority of its provisional applications, the earliest possible priority date for the
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`’129 patent would be July 26, 2010.
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`35.
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`I have analyzed the prior art and state of the art, and rendered my
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`opinions relating to obviousness of the claims of the ’129 patent, from the
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`perspective of a person of ordinary skill in the art as of July 26, 2010.
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`VI. Level of Ordinary Skill in the Art
`In rendering the opinions set forth in this declaration, counsel asked
`36.
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`me to consider the patent claims and the prior art through the eyes of a person of
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`ordinary skill in the art. I considered factors such as the educational level and years
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`of experience of those working in the pertinent art; the types of problems
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`encountered in the art; the teachings of the prior art; patents and publications of
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`other persons or companies; and the sophistication of the technology.
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`37. Counsel told me to assume a person of ordinary skill in the art is not a
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`specific real individual, but rather a hypothetical individual having the qualities
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`reflected by the factors I discuss above.
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`38. Taking these factors into consideration, it is my opinion that a person
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`of ordinary skill in the art as of the time of the ’129 patent would have had either
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`(a) a master’s or doctoral degree in computer science, electrical engineering, or a
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`similar discipline; or (b) a bachelor's degree in computer science, electrical
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`engineering, or a similar discipline and at least two years additional relevant
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`experience. Relevant experience means working in networked computing
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`systems. Examples of work in networked computing systems could include work
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`in networked computing device communication and networked computing device
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`power management.
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`39.
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`I have been a professor at Carnegie Mellon University and at the
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`University of California, Berkeley since 1986, teaching undergraduate, masters,
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`and doctoral students. I am very familiar with the types of abilities and knowledge
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`of the skill level of such people.
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`40.
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`It is my opinion that a person of ordinary skill in the art would be
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`knowledgeable and familiar with the power saving concepts and techniques recited
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`in the claims of the ’129 patent, as they were common and well-known in July 26,
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`2010, as I discuss below.
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`41.
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`I hold a Ph.D. in computer science, and have been a computer science
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`professor at Carnegie Mellon University and University of California, Berkeley,
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`continuously since 1986. On July 26, 2010, I was at least a person of ordinary skill
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`U.S. Patent No. 9,516,129
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`in the art.
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`42.
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`In this declaration, and for all of my opinions herein, I have applied the
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`knowledge of a person of ordinary skill in the art as of July 26, 2010.
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`VII. Summary of Opinions
`43. As set forth more fully herein, it is my opinion that the prior art
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`renders obvious each of claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35 of the ’129
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`patent to a person of ordinary skill in the art as of July 26, 2010, which I have been
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`informed by counsel is the earliest effective filing date of the ’129 patent .
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`44.
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`In my opinion, each of claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35
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`of the ’129 patent would have been obvious over Li in view of Black to a person of
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`ordinary skill in the art at least as early as July 26, 2010.
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`VIII. Overview of the ’129 Patent
` As part of my analysis, I read and considered the ’129 patent and
`45.
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`related prosecution history before the U.S. Patent and Trademark Office. The
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`following overview is not meant to describe my full understanding of the ’129
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`patent and its prosecution history, but rather to highlight certain general aspects of
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`the ’129 patent and its prosecution history that may be relevant to my opinions.
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`46. The ’129 patent describes a “method for reducing traffic in a cellular
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`network used to satisfy data requests made by a mobile application.” Ex. 1001 at
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`Declaration of Dr. J. Douglas Tygar
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`Abstract. For example, the patent relates to managing the amount of traffic
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`U.S. Patent No. 9,516,129
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`(requests and responses) between a mobile device and remote servers. Ex. 1001 at
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`5:21-25. According to the patent, one way of managing traffic is to strategically
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`block and selectively prevent and allow transmissions of outgoing application data
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`requests to an application server for one or more applications executing on the
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`mobile device. Ex. 1001 at 8:46-9:5.
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`47.
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`I reproduce Fig. 1B below, which depicts a diagram illustrating a
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`mobile device, remote servers, and a network:
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`Declaration of Dr. J. Douglas Tygar
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`U.S. Patent No. 9,516,129
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`48.
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`In Fig. 1B, the mobile device (150), via a local proxy (175), delays
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`certain outgoing transmissions to an application server (11) and expedites other
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`transmissions to optimize resource consumption by selectively operating the radio
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`transceiver. Ex. 1001 at 10:18-34; 9:50-55. In some embodiments, the ’129 patent
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`provides that the local proxy may “accumulate low priority data and send it in
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`batches to reduce the number of times and/or amount of time when the radio is
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`powered up.” Id. at 9:50-55. In other words, some data, such as low priority data,
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`may be prevented from transmission for a period of time to conserve power using a
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`“batching” process that combines multiple transmissions into a single transmission.
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`49.
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`In the ’129 patent, one way the mobile device chooses when to prevent
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`transmission of application data transmissions is by prioritizing data based on user
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`activity. Ex. 1001 at 12:1-24. A user activity module in the mobile device may
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`“detect and track user activity with respect to applications,” such as detecting
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`“when an application or window (e.g., a web browser) has been exited, closed,
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`minimized, maximized, opened, moved into the foreground, or into the
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`background.” Ex. 1001 at 12:1-7. The device also may detect other user activity,
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`for example, “observing user keystrokes, backlight status, or other signals via one
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`or more input mechanisms.” Ex. 1001 at 6:37-39. Based on the detected user
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`activity, the mobile device adjusts its behavior to optimize resource consumption
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`by turning the radio on or off based on characteristics of the user activity on the
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`U.S. Patent No. 9,516,129
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`device or adjusting the power mode of the radio. Ex. 1001 at 12:9-23.
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`50. Claims 1 and 17 of the ’129 patent are independent. Claim 1 reads:
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`1. A mobile device which improves network resource utilization
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`in a wireless network, the mobile device, comprising:
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`a radio;
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`user interface;
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`a memory unit having instructions stored thereon;
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`a processor configured to:
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`enter a first power management mode, wherein to enter the
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`first power management mode is based on input from a user;
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`while in the first power management mode, block
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`transmission of outgoing application data requests for at least one
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`application executing in a background of the mobile device and
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`allow transmission of outgoing application data requests for at
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`least one application executing in a foreground of the mobile
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`device;
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`enter a second power management mode, wherein entry into
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`the second power management mode is based on a detected
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`activity status, wherein the detected activity status is based on a
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`backlight status2 of the mobile device being off;
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`while in the second power management mode, block
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`transmission of outgoing application data requests for at least one
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`application executing in background of the mobile device for a
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`predetermined period of time.
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`51. Claim 17 recites a similar device while combining the processor and
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`memory elements. Ex. 1001 at 40:17-45.
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`52. Claims 2-11, 13, 14, 18-27, 29, 30, 34, and 35 depend from
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`independent claim 1 or 17, and recite additional limitations for the claimed “first”
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`and “second” power-management modes. Ex. 1001 at 39:26-42:31.
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`53. A person of ordinary skill in the art in 2013 would have recognized
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`that claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35 of the ’129 patent recite well-
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`known computer systems and power management techniques implemented with
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`generic steps and conventional components. The claims do not recite any new or
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`nonobvious technological features. As addressed in this declaration, all of the
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`elements of claims 1-11, 13, 14, 17-27, 29, 30, 34, and 35 are disclosed or would
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`2 Counsel instructed me that the claimed “backlight status” should only recite
`“backlight” because the word “status” was removed by Examiner’s Amendment
`and was erroneously printed in the issued patent. Ex. 1002 at 59.
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`have been rendered obvious to a person of ordinary skill in the art at the time of the
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`U.S. Patent No. 9,516,129
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`’129 patent over Li in view of Black.
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`IX. Background of the Technology
`In the early 2000s, wireless networks and mobile devices were being
`54.
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`upgraded from supporting only voice transmissions to also supporting data
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`transmissions. Ex. 1022 at 1. There was a predicted increase in the number of
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`packet data transmissions for mobile devices. Ex. 1022 at 1. This increase in
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`packet data transmissions, however, would require a corresponding increase in the
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`number and size of radio transmissions by a mobile device, which could lead to
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`device battery drain. Ex. 1019. There was a recognized need to optimize and
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`conserve the mobile device’s battery power due to the anticipated increase in its
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`data transmissions.
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`55. At the time, one known way to conserve the device’s battery power
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`was to manage when the device would transmit data over the wireless network.
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`Ex. 1019 at 2:23-43. Persons of ordinary skill in the art also knew that packet data
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`transmissions could be implemented as either “pull” (the mobile device first sends
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`a packet data request before a remote server provides the requested data) or “push”
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`(the server sends packet data to the mobile device without first receiving a
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`request). Ex. 1005 at ¶ [0011]. Wireless networks and mobile devices typically
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`used well known network communication protocols, including as the Transport
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`Control Protocol (TCP) and Internet Protocol (IP) for both pull and push types of
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`U.S. Patent No. 9,516,129
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`packet data transmissions.
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`56. At the time of filing of the ’129 patent known cellular data networks
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`often supported the General Packet Radio Service (GPRS) to transmit and receive
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`data packets. See Ex. 1023 at 76, Ex. 1019 at 2:3-22, Ex. 1022 at 3, 17-18. GPRS
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`networks typically support packet data transmissions using standard TCP/IP
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`protocols. To that end, mobile devices and servers establish a TCP/IP
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`communication session (an “IP session” or a “TCP/IP session”) to communicate
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`data packets over the GPRS network. Both the mobile device and server to a
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`TCP/IP session must tore state information, including (but not limited to) network
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`addresses, quality of service, maximum packet sizes, and other network
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`parameters, to communicate over an IP session.
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`57.
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`In conventional GPRS networks, the mobile device and server store
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`their respective state information for an IP session in a Packet Data Protocol (PDP)
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`context. Ex. 1019 at 2:3-22. Each of the mobile device and server would have a
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`local copy of the PDP context for storing the state information necessary to send or
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`receive data packets over the IP session between the mobile device and the server.
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`Ex. 1021 at 169-170. One or more applications\ running on the mobile device
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`would require a PDP context on the device to communicate with their associated
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`application server. In conventional GPRS networks, it was well known that
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`deactivating, removing, or otherwise releasing a PDP context in a mobile device
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`U.S. Patent No. 9,516,129
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`would prevent that device from receiving and transmitting packet data over the IP
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`session to the application server associated with the deactivated PDP context. See
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`Ex. 1021 at 169-70.
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`58. One known method for conserving battery power on a mobile device
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`in a GPRS network was to selectively deactivate a PDP context corresponding to
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`an application that was not actively sending or receiving packet data to or from an
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`application server associated with the PDP context. Ex. 1019 at 2:3-22.
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`Deactivating the PDP context in this manner was a known way for the mobile
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`device to reduce its battery power consumption by preventing unnecessary data
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`transmissions to and from an application server at the time of the ’129 patent. See
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`i
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