` Case 3:17-cv-01495-M Document 78 Filed 02/20/18 Page 1 of 317 PageID 2152
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
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`SEVEN NETWORKS, LLC,
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`v.
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`ZTE (USA) INC. AND
`ZTE CORPORATION,
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`Plaintiff,
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`Defendants.
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`CIVIL ACTION NO. 3:17-CV-1495
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`PATENT CASE
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`JURY TRIAL DEMANDED
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`________________________________________________________________
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`SEVEN Networks, LLC’s Appendix in Support of Its
`Opening Claim-Construction Brief
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`________________________________________________________________
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`P. App. 1
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`Page 1 of 8
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`GOOGLE EXHIBIT 1029
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` Case 3:17-cv-01495-M Document 78 Filed 02/20/18 Page 159 of 317 PageID 2310
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`Exhibit H
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`P. App. 159
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`Page 2 of 8
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` Case 3:17-cv-01495-M Document 61-1 Filed 01/15/18 Page 47 of 198 PageID 1063 Case 3:17-cv-01495-M Document 78 Filed 02/20/18 Page 160 of 317 PageID 2311
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`
`SEVEN NETWORKS, LLC,
`
`
`
`v.
`
`ZTE (USA) INC. AND
`ZTE CORPORATION,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff,
`
`Defendants.
`
`CIVIL ACTION NO. 3:17-CV-1495-M
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`DECLARATION OF MICHAEL T. GOODRICH, PHD
`REGARDING CLAIM CONSTRUCTION
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`
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`I, Michael T. Goodrich, declare under penalty of perjury as follows:
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`1.
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`I am currently a Chancellor’s Professor in the Department of Computer Science at
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`University of California, Irvine.1 I submit this Declaration to provide relevant background
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`information regarding the technology at issue in U.S. Patent No. 9,325,600 (attached as Exhibit
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`2) and in U.S. Patent No. 9,516,127 (attached as Exhibit 3), and to set forth my opinions about
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`the meaning of certain disputed claim terms in the ’600 and ’127 patents from the perspective of
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`a person of ordinary skill in the pertinent field.
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`1 This is a title “designed for persons who have earned the title of Professor and who have
`demonstrated unusual academic merit and whose continued promise for scholarly achievement is
`unusually high.” See Chancellor’s Professors, University of California Irvine Office of
`Academic Personnel, http://ap.uci.edu/titles-of-distinction/chancellors-professors/ (last visited
`Jan. 10, 2018).
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`P. App. 160
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`Page 3 of 8
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` Case 3:17-cv-01495-M Document 61-1 Filed 01/15/18 Page 98 of 198 PageID 1114 Case 3:17-cv-01495-M Document 78 Filed 02/20/18 Page 211 of 317 PageID 2362
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`the WakeLock’s required power level (at least) until its release method is called, at which time
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`normal
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`power
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`operation
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`is
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`restored.”108
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`For
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`example,
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`the
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`constant
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`PowerManager.PARTIAL_WAKE_LOCK indicates that an application “should continue to use
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`the CPU even if the user presses the power button on the device. It also allows the screen to dim
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`and turn off.”109
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`134. Therefore, in my opinion, “wakelock” means “a software-based mechanism for
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`indicating that an application needs the mobile device to stay awake.”
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`C.
`135.
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`“optimize background traffic”
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`I understand that SEVEN has proposed the following construction for “optimize
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`background traffic,” and that ZTE contends that the term is indefinite:
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`SEVEN
`Term
`“optimize background traffic” “adjust background traffic to
`conserve network or mobile
`device resources”
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`ZTE
`Indefinite
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`136. The term “optimize background traffic” appears in claims 33, 38, 42, and 48 of
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`the ’127 Patent. In my opinion, a POSA in 2013 would understand that “optimize background
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`traffic,” when viewed in light of the ’127 Patent specification, means “adjust background traffic
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`to conserve network or mobile device resources.”
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`137.
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`In the context of dynamically changing environments involving computers and
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`telecommunications, a POSA would understand the term “optimize” to mean “improve the
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`performance of”110 or “make more efficient.”111 Given the complexity and constant evolution of
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`108 See, e.g., PAUL DEITEL ET AL., ANDROID FOR PROGRAMMERS: AN APP-DRIVEN APPROACH
`305 (2011). [SEVENLIT0129773]
`109 Id.
`110 See, e.g., Optimize, Microsoft Computer Dictionary (5th ed. 2002) (“To fine-tune an
`application for improved performance.”). [SEVENLIT0127977]
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`P. App. 211
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`Page 4 of 8
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`computers and networks in such dynamic environments,112 and the impossibility of predicting
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`the future of online mobile networks with absolute certainty, an interpretation of “optimize” in
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`the context of the ’127 Patent as a mathematically guaranteed or provably best configuration is
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`impractical if not impossible. Thus, as I discuss above in the background section on resource
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`optimization, in the context of the ’127 Patent, a POSA would understand “optimization” to be
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`directed at conserving resources rather than achieving the mathematically absolute best usage of
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`such resources.
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`138. Furthermore, the specification of the ’127 Patent discloses various traffic
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`optimizations that can conserve network or mobile device resources. For example, the ’127
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`Patent discloses the manipulation of the timing of triggers so as to optimize network
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`resources,113 as well as ways to modify the timing of triggers to optimize mobile device
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`resources, such as battery, CPU, and memory resources.114 Of course, the goal of such
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`optimization techniques is to conserve these resources, since maximizing the use of such
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`resources would be detrimental to performance and resource utilization, such as battery life or
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`network bandwidth.115 For instance, the ’127 Patent discloses, “The traffic can be managed such
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`that network consumption, for example, use of the cellular network is conserved for effective
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`and efficient bandwidth utilization.”116 Likewise, the ’127 Patent also discloses, “In addition,
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`111 See, e.g., Optimized Code, McGraw-Hill Dictionary of Scientific and Technical Terms (5th
`ed. 1994) (“A machine-language program that has been revised to remove inefficiencies and
`unused or unnecessary instructions so that the program is executed more quickly and occupies
`less storage space.”). [SEVENLIT0129814]
`112 See, e.g., ’127 Patent at 6:33–36, 12:62–67, 14:25–67, and 15:44–63,
`113 ’127 Patent at 3:57–4:2; see also ’127 Patent at 4:55–65.
`114 ’127 Patent at 4:5–7; see also ’127 Patent at 3:18–37 and 5:4–6.
`115 See, e.g., ’127 Patent at 6:8–25.
`116 ’127 Patent at 7:50–53 (emphasis added).
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`P. App. 212
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`Page 5 of 8
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`the host server 100 can manage and coordinate such traffic in the system such that use of device-
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`side resources (e.g., including but not limited to battery power consumption, radio use,
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`processor/memory use) are optimized with a general philosophy for resource conservation while
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`still optimizing performance and user experience.”117 Thus, a POSA would understand that the
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`optimization of background traffic in the ’127 Patent is directed at the conservation of network
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`or mobile device resources.
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`139. A POSA would further understand that applications can operate in a foreground
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`or background state, where, for instance, a foreground state involves responding to user inputs
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`and a background state involves operating without user interaction.118 Typically, applications in
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`a background state have a lower priority for execution than applications in a foreground state.
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`For example, the ’127 Patent states, “In one embodiment, the mobile device 150 can include one
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`or more applications 202-206, an operating system (OS) 162, other platform specific and/or other
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`modules 208 such as network interface components, sensor components, native applications, user
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`activity detectors, application state detectors (e.g., foreground/background state), other
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`contextual detectors, other components described in FIG. 1E, and the like.”119
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`117 ’127 Patent at 7:53–59 (emphasis added).
`118 See, e.g., Background, MICROSOFT COMPUTER DICTIONARY (5th ed. 2002) (“In the context
`of processes or tasks that are part of an operating system or program, operating without
`interaction with the user while the user is working on another task. Background processes or
`tasks are assigned a lower priority in the microprocessor’s allotment of time than foreground
`tasks and generally remain invisible to the user unless the user requests an update or brings the
`task to the foreground. …”). See also Foreground, Microsoft Computer Dictionary (5th ed.
`2002) (“Currently having control of the system and responding to commands issued by the
`user.”).
`119 ’127 Patent at 16:28–35 (emphasis added).
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`P. App. 213
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`Page 6 of 8
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`140. The ’127 Patent discloses several ways to adjust what a POSA would understand
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`to include background traffic so as to conserve network or mobile device resources, including the
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`following:
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`• The protocol optimizer 123 can “implement the logic of serving recurrent request
`from the local cache 185 instead of allowing those request go over the network to the
`service provider/application host server. One is its tasks is to eliminate or minimize
`the need to send requests to the network, positively affecting network congestion and
`device battery life.”120
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`• The traffic scheduler 124 can “temporally move communications to optimize usage of
`device resources by unifying keep-alive signaling so that some or all of the different
`applications 163 can send keep-alive messages at the same time (traffic pipelining).
`Traffic scheduler 124 may also decide to delay transmission of data that is not
`relevant at a given time (for example, when the device is not actively used).”121
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`• The traffic harmonizer 144 can be “responsible for communication between the
`client-side proxy 175 and the polling server 145. The traffic harmonizer 144 connects
`to the polling server 145 directly or through the data storage 130, and to the client
`over any open or proprietary protocol such as the 7TP, implemented for traffic
`optimization. The traffic harmonizer 144 can be also responsible for traffic pipelining
`on the server side: if there's cached content in the database for the same client, this
`can be sent over to the client in one message.”122
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`• “In one embodiment, systems and methods of intelligent alarm manipulator and
`resource tracker can be used alone or in combination with the signaling optimizer to
`further reduce network requests by consolidating or changing the timing of requests
`such that use of resources including network, battery, CPU, memory and the like is
`reduced.”123
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`• The local proxy 175 and the proxy server 125 may “filter irrelevant data from the
`communicated data. In addition, the local proxy 175 and the proxy server 125 can
`also accumulate low priority data and send it in batches to avoid the protocol
`overhead of sending individual data fragments.”124
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`• “The local proxy 175 and the proxy server 125 can work in conjunction to accumulate
`low priority data and send it in batches to reduce the number of times and/or amount
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`120 ’127 Patent at 12:19–25.
`121 ’127 Patent at 12:29–36.
`122 ’127 Patent at 13:51–60.
`123 ’127 Patent at 15:1–6.
`124 ’127 Patent at 10:64–11:1 (emphasis added).
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`P. App. 214
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`Page 7 of 8
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`of time when the radio is powered up. The local proxy 175 can synchronize the
`network use by performing
`the batched data
`transfer for all connections
`simultaneously.”125
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`• “The local proxy 175 and the proxy server 125 can also compress or transcode the
`traffic, reducing the amount of data sent over the network 106 and/or 108. The
`signaling traffic in the network 106 and/or 108 can be reduced, as the networks are
`now used less often and the network traffic can be synchronized among individual
`applications.”126
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`• “The local cache 185 can store responses to recurrent requests, and can be used by the
`Protocol Optimizer 123 to send responses to the applications 163.”127
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`141. Therefore, in my opinion, a POSA would understand that the meaning of
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`“optimize background traffic” is “adjust background traffic to conserve network or mobile
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`device resources.”
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`D.
`142.
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`“receive a selection from a user whether to optimize traffic”
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`I understand that SEVEN has proposed the following construction for “receive a
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`selection from a user whether to optimize traffic,” and that ZTE contends the term is indefinite:
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`Term
`“receive a selection from a
`user whether to optimize
`traffic”
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`SEVEN
`“receive a selection from a
`user whether to adjust traffic
`to conserve network or mobile
`device resources”
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`ZTE
`Indefinite
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`143. The term “receive a selection from a user whether to optimize traffic” appears in
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`claims 33 and 42 of the ’127 Patent. For context, claims 33 and 42 recite “receive a selection
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`from a user whether to optimize traffic of a first application executing in a background of the
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`mobile device.” In my opinion, the plain and ordinary meaning of “receive a selection from a
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`125 ’127 Patent at 11:11–18 (emphasis added).
`126 ’127 Patent at 11:1–7.
`127 ’127 Patent at 12:26–28.
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`P. App. 215
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`Page 8 of 8
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