UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD.
`Petitioner
`
`v.
`
`IRON OAK TECHNOLOGIES, LLC.
`Patent Owner
`
`____________________
`
`Patent No. 5,699,275
`____________________
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`DECLARATION OF BENJAMIN B. BEDERSON, PH.D.
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`Page 1 of 203
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`SAMSUNG EXHIBIT 1002
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`

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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`
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`INTRODUCTION .......................................................................................... 1
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`BACKGROUND AND QUALIFICATIONS ................................................ 2
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`I.
`
`II.
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`III.
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`SUMMARY OF OPINIONS .......................................................................... 9
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`IV. PERSON OF ORDINARY SKILL IN THE ART ....................................... 12
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`V.
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`TECHNICAL BACKGROUND .................................................................. 13
`
`A.
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`B.
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`C.
`
`Software Patching............................................................................... 13
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`Remote Software Patching ................................................................. 16
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`Network Communication Addressing ................................................ 18
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`VI. THE ’275 PATENT ...................................................................................... 20
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`VII. CLAIM CONSTRUCTION ......................................................................... 26
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`“mobile unit” ...................................................................................... 27
`
`“operating code” ................................................................................. 27
`
`“[manager host operable to] initiate transmission [through a
`wireless communication network of at least one discrete patch
`message defining at least one patch]” ................................................ 28
`
`“merging the at least one patch with current operating code” ........... 29
`
`“[manager host is further operable to] address [the at least one
`discrete patch message]” .................................................................... 29
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`VIII. OVERVIEW OF THE PRIOR ART ............................................................ 31
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`Sugita (Ex. 1005) ................................................................................ 31
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`Ballard (Ex. 1006) .............................................................................. 34
`
`Hapka (Ex. 1008) ............................................................................... 37
`
`Shimizu (Ex. 1007) ............................................................................. 43
`
`Parrillo (Ex. 1009) ............................................................................. 44
`
`F. Wortham (Ex. 1014) ........................................................................... 45
`
`IX. THE PRIOR ART DISCLOSES OR SUGGESTS ALL OF THE
`FEATURES OF CLAIM 1 OF THE ’275 PATENT ................................... 46
`
`A.
`
`Sugita Discloses the Features of Claim 1 ........................................... 46
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`1.
`
`Claim 1 ..................................................................................... 46
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`“A system for remote patching of operating
`code located in a mobile unit, comprising:” .............. 46
`
`initiate
`to
`operable
`“a manager host
`transmission through a wireless communication
`network of at least one discrete patch message
`defining at least one patch;” ....................................... 59
`
`“a first mobile unit operable to receive the at
`least one discrete patch message, the first
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`first mobile unit and to switch execution to the
`patched operating code; and” ..................................... 67
`
`“a second mobile unit operable to receive the at
`least one discrete patch message, the second
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`second mobile unit and to switch execution to
`the patched operating code; and” .............................. 74
`
`“wherein the manager host is further operable
`to address the at least one discrete patch
`message such that the at least one discrete patch
`message is transmitted to the first mobile unit
`but not to the second mobile unit.” ............................ 75
`
`B.
`
`Sugita and Wortham Disclose the Features of Claim 1 ..................... 80
`
`1.
`
`2.
`
`“a mobile unit,” “a first mobile unit,” and “a second
`mobile unit” (Claim Elements 1(a), 1(c), 1(d), and 1(e)) ........ 80
`
`“a manager host operable to initiate transmission through
`a wireless communication network of at least one
`discrete patch message defining at least one patch;”
`(Claim Element 1(b)) ............................................................... 84
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`3.
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`Remaining Limitations ............................................................. 88
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`ii
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`C.
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`Ballard and Shimizu Disclose the Features of Claim 1 ...................... 88
`
`1.
`
`Claim 1 ..................................................................................... 88
`
`a)
`
`b)
`
`c)
`
`d)
`
`e)
`
`“A system for remote patching of operating
`code located in a mobile unit, comprising:” .............. 88
`
`initiate
`to
`operable
`“a manager host
`transmission through a wireless communication
`network of at least one discrete patch message
`defining at least one patch;” ..................................... 101
`
`“a first mobile unit operable to receive the at
`least one discrete patch message, the first
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`first mobile unit and to switch execution to the
`patched operating code; and” ................................... 124
`
`“a second mobile unit operable to receive the at
`least one discrete patch message, the second
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`second mobile unit and to switch execution to
`the patched operating code; and” ............................ 130
`
`“wherein the manager host is further operable
`to address the at least one discrete patch
`message such that the at least one discrete patch
`message is transmitted to the first mobile unit
`but not to the second mobile unit.” .......................... 131
`
`D. Hapka and Parrillo Disclose the Features of Claim 1 ..................... 138
`
`1.
`
`Claim 1 ................................................................................... 138
`
`a)
`
`“A system for remote patching of operating
`code located in a mobile unit, comprising:” ............ 138
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`iii
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`b)
`
`c)
`
`d)
`
`e)
`
`initiate
`to
`operable
`“a manager host
`transmission through a wireless communication
`network of at least one discrete patch message
`defining at least one patch;” ..................................... 167
`
`“a first mobile unit operable to receive the at
`least one discrete patch message, the first
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`first mobile unit and to switch execution to the
`patched operating code; and” ................................... 177
`
`“a second mobile unit operable to receive the at
`least one discrete patch message, the second
`mobile unit further operable to create patched
`operating code by merging the at least one
`patch with current operating code located in the
`second mobile unit and to switch execution to
`the patched operating code; and” ............................ 183
`
`“wherein the manager host is further operable
`to address the at least one discrete patch
`message such that the at least one discrete patch
`message is transmitted to the first mobile unit
`but not to the second mobile unit.” .......................... 185
`
`E.
`
`Hapka, Parrillo, and Wortham Disclose the Features of Claim 1 ... 193
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`X.
`
`CONCLUSION ........................................................................................... 198
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`iv
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`
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`I, Benjamin B. Bederson, declare as follows:
`
`I.
`
`INTRODUCTION
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`1.
`
`I have been retained by Samsung Electronics Co., Ltd. (“Petitioner”)
`
`as an independent expert consultant in this proceeding before the United States
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`Patent and Trademark Office (“PTO”) regarding U.S. Patent No. 5,699,275 (“the
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`’275 patent”) (Ex. 1001). I have been asked to consider whether certain references
`
`disclose or suggest the features recited in claim 1 (“the challenged claim”) of the
`
`’275 patent. My opinions are set forth below.
`
`2.
`
`I am being compensated at my rate of $600 per hour for the time I
`
`spend on this matter. My compensation is in no way contingent on the nature of
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`my findings, the presentation of my findings in testimony, or the outcome of this or
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`any other proceeding. I have no other interest in this proceeding.
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`
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`1
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`II. BACKGROUND AND QUALIFICATIONS
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`3. My qualifications for forming my opinions in this report are
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`summarized here and explained in more detail in my curriculum vitae (Exhibit
`
`1003), which also includes a list of my publications and a list of the cases in which
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`I have testified at deposition, hearing, or trial within the past five years.
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`4.
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`I received a Bachelor of Science degree in Computer Science with a
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`minor in Electrical Engineering from Rensselaer Polytechnic Institute (“RPI”) in
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`1986. I received a Master of Science degree and a Ph.D. in Computer Science
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`from New York University (“NYU”) in 1989 and 1992, respectively.
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`5.
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`Since 1998, I have been a Professor of Computer Science at the
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`University of Maryland (“UMD”), where I have joint appointments at the Institute
`
`for Advanced Computer Studies and the College of Information Studies
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`(Maryland’s “iSchool”). I was Associate Provost of Learning Initiatives and
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`Executive Director of the Teaching and Learning Transformation Center from
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`2014–2018. I am a member and previous director of the Human-Computer
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`Interaction Lab (“HCIL”), the oldest and one of the best known Human-Computer
`
`Interaction research groups in the country. I was also co-founder and Chief
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`Scientist of Zumobi, Inc. from 2006 to 2014, a Seattle-based startup that is a
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`publisher of content applications and advertising platforms for smartphones. I am
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`2
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`Declaration of Benjamin B. Bederson, Ph.D.
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`also co-founder and co-director of the International Children’s Digital Library
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`(“ICDL”), a web site launched in 2002 that provides the world’s largest collection
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`of freely available online children’s books from around the world with an interface
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`aimed to make it easy for children and adults to search and read children’s books
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`online. I am also co-founder and Chief Technology Officer of Hazel Analytics, a
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`data analytics company whose product sends alerts in warranted circumstances. In
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`addition, I have for more than 15 years consulted for numerous companies in the
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`area of user interfaces, including Microsoft, the Palo Alto Research Center, Sony,
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`Lockheed Martin, and NASA Goddard Space Flight Center.
`
`6.
`
`For more than 30 years, I have studied, designed, and worked in the
`
`field of computer science and human-computer interaction. My experience
`
`includes 30 years of teaching and research, with research interests in human-
`
`computer interaction and the software and technology underlying today’s
`
`interactive computing systems. This includes the design, implementation, updating
`
`and distribution of software applications on mobile devices, including smart
`
`phones and PDAs, such as my work on DateLens, LaunchTile, and StoryKit
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`described below.
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`7.
`
`At UMD, my research is in the area of Human-Computer Interaction
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`(“HCI”), a field that relates to the development and understanding of computing
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`
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`3
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`systems to serve users’ needs. Researchers in this field are focused on making
`
`universally usable, useful, efficient, and appealing systems to support people in
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`their wide range of activities. My approach is to balance the development of
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`innovative technology that serves people’s practical needs. Example systems
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`following this approach that I have built include PhotoMesa (2001 software for end
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`users to browse personal photos), DateLens1 (2002 software for end users to use
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`their mobile devices to efficiently access their calendar information), LaunchTile
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`(2005 “home screen” software for mobile devices to allow users to navigate apps
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`in a zoomable environment), ICDL (as described above), and StoryKit (a 2009
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`iPhone app for children to create stories). I also built a series of software toolkits to
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`support animated structured graphics. These included Pad++2, Jazz and Piccolo3. I
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`distributed versions of these publicly on various websites starting in 1994.
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`8.
`
`LaunchTile led to my creation of Zumobi in 2006, where I was
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`responsible for investigating new software platforms and developing new user
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`interface designs that provide efficient and engaging interfaces to permit end users
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`to access a wide range of content on mobile platforms (including the iPhone and
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`Android-based devices). For instance, I designed and implemented software called
`
`
`1 http://www.cs.umd.edu/hcil/datelens/
`2 http://www.cs.umd.edu/hcil/pad++/
`3 http://www.cs.umd.edu/hcil/piccolo/
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`U.S. Patent No. 5,699,275
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`“Ziibii,” a “river” of news for iPhone, software called “ZoomCanvas,” a zoomable
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`user interface for several iPhone apps, and iPhone apps including “Inside Xbox”
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`for Microsoft and Snow Report for REI. At the International Children’s Digital
`
`Library (ICDL), I have since 2002 been the technical director responsible for the
`
`design and implementation of the web site, www.childrenslibrary.org. In
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`particular, I have been closely involved in designing the user interface as well as
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`the software architecture for the web site since its inception in 2002.
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`9.
`
`I received the Janet Fabri Memorial Award for Outstanding Doctoral
`
`Dissertation for my Ph.D. work in robotics and computer vision. I have combined
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`my hardware and software skills throughout my career in Human-Computer
`
`Interaction research, building various interactive electrical and mechanical systems
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`that couple with software to provide an innovative user experience.
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`10. My work has been published extensively in more than 140 technical
`
`publications, and I have given about 100 invited talks, including 9 keynote
`
`lectures. I have won a number of awards including the Brian Shackel Award for
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`“outstanding contribution with international impact in the field of HCI” in 2007,
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`and the Social Impact Award in 2010 from Association for Computing
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`Machinery’s (“ACM”) Special Interest Group on Computer Human Interaction
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`(“SIGCHI”). ACM is the primary international professional community of
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`5
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`computer scientists, and SIGCHI is the primary international professional HCI
`
`community. I have been honored by both professional organizations. I am an
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`“ACM Distinguished Scientist,” which “recognizes those ACM members with at
`
`least 15 years of professional experience and 5 years of continuous Professional
`
`Membership who have achieved significant accomplishments or have made a
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`significant impact on the computing field.” I am a member of the “CHI
`
`Academy,” which is described as follows: “The CHI Academy is an honorary
`
`group of individuals who have made substantial contributions to the field of
`
`human-computer interaction. These are the principal leaders of the field, whose
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`efforts have shaped the disciplines and/or industry, and led the research and/or
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`innovation in human-computer interaction.” The criteria for election to the CHI
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`Academy are: (1) cumulative contributions to the field; (2) impact on the field
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`through development of new research directions and/or innovations; and (3)
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`influence on the work of others.
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`11.
`
`I have appeared on radio shows numerous times to discuss issues
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`relating to user interface design and people’s use and frustration with common
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`technologies, web sites, and mobile devices. My work has been discussed and I
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`have been quoted by mainstream media around the world over 120 times, including
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`by the New York Times, the Wall Street Journal, the Washington Post, Newsweek,
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`Declaration of Benjamin B. Bederson, Ph.D.
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`the Seattle Post-Intelligencer, the Independent, Le Monde, NPR’s All Things
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`Considered, New Scientist Magazine, and MIT’s Technology Review.
`
`12.
`
`I have designed, programmed, and publicly deployed dozens of user-
`
`facing software products that have cumulatively had millions of users. My work is
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`cited in several patents, including U.S. Patent Nos. 6,307,562; 6,608,549;
`
`7,576,756; and 7,834,849.
`
`13.
`
`I am the co-inventor of 12 U.S. patents and 17 U.S. patent
`
`applications. The patents are generally directed to user interfaces/experience with
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`some directed to mobile devices, including U.S. Patent No. 9,778,810 (issued
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`2017), entitled “Techniques to modify content and view content on mobile
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`devices.”
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`14. As I have already touched on above, I was heavily involved in the
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`research and development of mobile device applications before and up to the
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`priority date of this patent. For example, I envisioned, designed and built
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`DateLens in 2002-2004 to create a richer and more usable calendar for the
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`Microsoft PocketPC platform. The research website from that time period that
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`describes DateLens is still available at http://www.cs.umd.edu/hcil/datelens/ which
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`shows screenshots and a picture of me demonstrating DateLens to Bill Gates.
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`In 2006, one of the things my team and I did with Zumobi was to
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`15.
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`build a platform4 that included the ability to distribute mobile apps through our
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`“gallery”, which was an early version of what is now typically called an “app
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`store.” The gallery included the ability to push updated versions of the apps to
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`mobile devices.
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`
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`4
`https://www.youtube.com/watch?v=brdQ5K5llrc&list=PL6BF97BA70A36F0CC&
`index=5
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`III. SUMMARY OF OPINIONS
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`16. The opinions contained in this Declaration are based on the
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`documents I reviewed, my professional judgment, as well as my education,
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`experience, and/or knowledge regarding technologies relating to, among other
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`things, software management.
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`17.
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`In forming my opinions expressed in this Declaration, I reviewed the
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`’275 patent (Ex. 1001); the prosecution file history for the ’275 patent (Ex. 1004);
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`Japanese Published Unexamined Patent Application (A) No. 1993-128022 to
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`Takehiro Sugita (“Sugita”) (Ex. 1005); Australian Patent Application No.
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`77395/91 to Ballard et al. (“Ballard”) (Ex. 1006); Japanese Patent Application
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`Publication No. 05-66937 to Tadao Shimizu (“Shimizu”) (Ex. 1007); U.S. Patent
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`No. 5,619,412 to Hapka (“Hapka”) (Ex. 1008); U.S. Patent No. 5,442,553 to
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`Parrillo (“Parrillo) (Ex. 1009); Excerpts from prosecution history of German
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`Patent Application No. 96911541.9 (Ex. 1010); U.S. Patent No. 5,155,847 to
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`Kirouac et al. (“Kirouac”) (Ex. 1012); U.S. Patent No. 5,210,854 to Beaverton et
`
`al. (“Beaverton”) (Ex. 1013); U.S. Patent No. 5,155,689 to Wortham (“Wortham”)
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`(Ex. 1014); U.S. Patent No. 5,544,225 to Kennedy, III et al. (“Kennedy”) (Ex.
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`1015); U.S. Patent No. 5,628,928 to Herh et al. (“Herh”) (Ex. 1016); U.S. Patent
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`No. 5,359,730 to Marron et al. (“Marron”) (Ex. 1017); U.S. Patent No. 4,558,413
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`to Schmidt et al. (“Schmidt”) (Ex. 1018); U.S. Patent No. 6,341,143 to Nelson et
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`al. (“Nelson”) (Ex. 1019); U.S. Patent No. 5,088,032 to Bosack (“Bosack”) (Ex.
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`1020); Webpage of a Public FTP Site for Linux System from Internet Archive –
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`Wayback Machine (Ex. 1021); History of Red Hat Linux from Fedora Project Wiki
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`(Ex. 1022); Osel et al., OpenDist – Incremental Software Distribution (Ex. 1023);
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`Excerpts from Agha et al., Mobile and Wireless Networks, Volume 2 (2016) (Ex.
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`1024); Excerpts from the Interim European Telecommunication Standard –
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`European Digital Cellular Telecommunications System (Phase 1); Mobile Radio
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`Interface Layer 3 specification (1992) (Ex. 1025); Yavatkar et al., Improving End-
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`to-End Performance of TCP over Mobile Internetworks, 1994 First Workshop on
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`Mobile Computing Systems and Applications (Ex. 1026); U.S. Patent No.
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`5,684,952 to Stein (“Stein”) (Ex. 1027); DOD Standard Internet Protocol (Ex.
`
`1028); and any other materials I refer to in this Declaration in support of my
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`opinions.
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`18.
`
`In support of my opinions, I have taken into account how a person of
`
`ordinary skill in the art (as I defined below) would have understood the claims and
`
`the specification of the ’275 patent at the time of the alleged invention. I have
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`been asked to initially consider the time of the alleged invention for the ’275 patent
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`to include the early-to-mid 1995 time frame, including and up to April 12, 1995,
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`Declaration of Benjamin B. Bederson, Ph.D.
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`which is the filing date of the application that resulted in the ’275 patent. (Ex.
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`1001, Cover.) My opinions reflect how a person of ordinary skill in the art would
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`have understood the ’275 patent, the prior art to the patent, and the state of the art
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`at the time of the alleged invention.
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`19. As I discuss in detail below, it is my opinion that certain references
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`disclose or suggest all the features recited in claim 1 of the ’275 patent.
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`IV. PERSON OF ORDINARY SKILL IN THE ART
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`20. Based on my knowledge and experience, I understand what a person
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`of ordinary skill in the art would have known at the time of the alleged invention
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`(as I mentioned above). My opinions herein are, where appropriate, based on my
`
`understandings as to a person of ordinary skill in the art at that time. In my
`
`opinion, based on the materials and information I have reviewed, and based on my
`
`experience in the technical areas relevant to the ’275 patent, a person of ordinary
`
`skill in the art at the time of the alleged invention of the ’275 patent would have
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`had at least a Bachelor’s degree in computer science, electrical engineering, or a
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`similar discipline and at least two years additional relevant experience relating to,
`
`for example, device software management, including the remote update of code,
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`such as mobile device software development and mobile device software updates.
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`21.
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`I provide my analysis of the ’275 patent, the prior art, and my
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`opinions in this declaration from the perspective of a person of ordinary skill in the
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`art, as I have defined it above, during the relevant time frame stated above, where
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`appropriate.
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`V. TECHNICAL BACKGROUND
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`22.
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`In this section, I discuss the state of the art relevant to the subject
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`matter of the ’275 patent as would have been known, understood, and appreciated
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`by a person of ordinary skill in the art at the time of the alleged invention for the
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`’275 patent (early-to-mid 1995 time frame, up to an including April 12, 1995).5 In
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`particular, prior to and up to April 1995, a person of ordinary skill in the art would
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`have been aware of various developments in the areas of remote software patching
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`for devices, including mobile devices, as I discuss below.
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`A.
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`Software Patching
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`23. At the time of the alleged invention (and to this day), it was the nature
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`of computing systems that software cannot run on a machine until it has been
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`loaded onto that machine. While some early manual processes for installing
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`software involved portable storage devices such as optical, magnetic, or even paper
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`media, there has always been a strong motivation to make it as easy as possible to
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`distribute software—particularly when upgrading or otherwise modifying
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`5 The references I cite in this section support my understanding of what was widely
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`known at the time of the alleged invention.
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`U.S. Patent No. 5,699,275
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`software—and so it is not surprising that a wide variety of mechanisms to support
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`this were developed and known at the time of the alleged invention.
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`24. One example from before the time of the alleged invention comes
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`from the Linux community. Linux was and still is an open-source operating system
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`compatible with the widely popular UNIX operating system, and there were a huge
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`number of Linux software packages developed in a distributed manner around the
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`world before the alleged invention. It was very difficult to keep track of the
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`software packages and to know which was the current version of any particular
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`piece of software and where to get it. Early on, numerous public FTP sites were set
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`up that hosted the latest version of each package for centralized access. For
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`example, the following FTP site shows a listing of old versions of Linux available
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`as early as 1993.
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`(Ex. 1021 (Webpage of a Public FTP Site for Linux System from Internet Archive
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`– Wayback Machine), 1.)
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`25.
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`In 1994, a company called RedHat was formed to offer commercial
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`support for the open source Linux system. One of their general strategies at that
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`time was to make it easier to maintain Linux software packages. So, in 1995, they
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`built and publicly shipped the Redhat Package Manager (RPM). (Ex. 1022
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`(History of Red Hat Linux from Fedora Project Wiki), 2.) RPM offered a user
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`interface that let users filter among the many available packages and download or
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`upgrade the software they wanted.
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`Declaration of Benjamin B. Bederson, Ph.D.
`U.S. Patent No. 5,699,275
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`B. Remote Software Patching
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`26. At the time of the alleged invention, there were also publications that
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`described the process of updating software automatically. For example, a 1995
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`paper by Osel et al. described automatically and incrementally updating software
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`over a network through the use of patches. (See generally Ex. 1023.) They explain
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`how they “have to synchronize few file servers…ranging from tiny (a couple of
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`kilobytes) to huge (1.8 GBytes).” (Id., 181.) Their system works by using “rdist(1)
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`to find changed files and to update slave software servers.” (Id.) They explain that
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`patch files could contain multiple patches: “The installation of a huge patch or a
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`new software package changes many files at once.” (Id. ) They also describe
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`commercial systems of the time such as “Tivoli/Courier, [that] allows automatic
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`software
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`distribution
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`and
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`control
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`of
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`server
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`and workstation
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`configuration...Tivoli/Courier allows to define software packages, different styles
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`of scheduling, to define which files are updated at what time.” (Id., 186.)
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`27. This kind of known remote software patching technology was actually
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`recognized in the ’275 patent itself. For example, it says that U.S. Patent No.
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`5,155,847 (Kirouac) (Ex. 1012) discloses that “the central computer system can
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`provide patches to the remote system for updating the software.” (Ex. 1001, 1:34-
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`35; see also id., 1:29-42.) Kirouac further discloses that the remote updating can
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`be accomplished over a “packet switching network” (Ex. 1012, 3:35-36), which a
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`person of ordinary skill in the art would understood would include the standard
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`TCP/IP networking used in the Internet. This is further supported by a 1994 paper
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`that explains the use of TCP in mobile networks. (Ex. 1026, Abstract (“We are
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`exploring alternatives for optimizing end-to-end performance of TCP connections
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`across and internetwork consisting of both fixed and mobile networks.” “The
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`connection over the wireless link may either use regular TCP or a specialized
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`transport protocol optimized for better performance over a wireless link.”).)
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`28. Once the concept of remote patching over packet switching networks
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`(such as the TCP/IP-based Internet) was known, then there was essentially no limit
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`to where or what kind of devices could be remotely patched. This understanding is
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`further supported by numerous other disclosures of remote software patching from
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`before the date of the alleged invention. For example, U.S. Patent No. 5,684,952
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`(Stein) (Ex. 1027) discloses “[a] supervisory control system for a networked
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`multimedia computing system permits a teacher or network administrator to
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`quickly and easily update system software on selected destination workstations
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`with the system software currently residing on the master worksation.” (Ex. 1027,
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`Abstract.) Similarly, U.S. Patent No. 6,341,143 (Nelson) (Ex. 1019) discloses
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`“[t]he other control program allows remote reprogramming of updated operating
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`code or parameters from a remote location such as a customer site. A user can thus
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`remotely upgrade system firmware with updates, bug fixes, enhancements or other
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`new releases of system operating code by downloading the update over a phone
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`line to a host PC and reprogramming the memory chip of the model over the serial
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`port from the host PC.” (Ex. 1019, Abstract.)
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`C. Network Communication Addressing
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`29. One of the most common packet switched networks by 1995 was built
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`on TCP (Transport Control Protocol) and became the foundation of the Internet.
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`TCP works by wrapping data packets in a “header” that includes information
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`including the destination address of the computer the packet should be sent to.
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`Each computer that receives the packet either transmits the packet to the
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`destination (if the computer is connected to the destination) or hands it off to
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`another computer that is closer to the destination (see figure below that I prepared).
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`The key point here is that TCP-based networking includes an address that is used
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`to indicate which computer the data should be sent to. This was all extremely well
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`known by 1995 and was described in detail in a 1980 report which said that “[t]he
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`internet protocol provides for transmitting blocks of data called datagrams from
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`sources to destinations, where sources and destinations are hosts identified by fixed
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`length addresses. The internet protocol also provides for fragmentation and
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`reassembly of long datagrams, if necessary, for transmission through ‘small
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`packet’ networks.” (Ex. 1028, p. 14; 1.1.).
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`VI.