UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`DIRECTSTREAM, LLC,
`Patent Owner.
`_______________________
`IPR2018-01594 (Patent 6,434,687 B1)
`IPR2018-01601 (Patent 7,225,324 B2)
`IPR2018-01602 (Patent 7,225,324 B2)
`IPR2018-01603 (Patent 7,225,324 B2)
`IPR2018-01605 (Patent 7,620,800 B2)
`IPR2018-01606 (Patent 7,620,800 B2)
`IPR2018-01607 (Patent 7,620,800 B2)
`IPR2018-01599 (Patent 6,076,152)
`IPR2018-01600 (Patent 6,247,110 B1)
`IPR2018-01604 (Patent 7,421,524 B2)
`__________________________
`
`SUPPLEMENTAL DECLARATION OF DR. HOUMAN HOMAYOUN
`UNDER 37 CFR §42.64(B)(2)
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`DIRECTSTREAM, LLC,
`Patent Owner.
`_______________________
`IPR2018-01594 (Patent 6,434,687 B1)
`IPR2018-01601 (Patent 7,225,324 B2)
`IPR2018-01602 (Patent 7,225,324 B2)
`IPR2018-01603 (Patent 7,225,324 B2)
`IPR2018-01605 (Patent 7,620,800 B2)
`IPR2018-01606 (Patent 7,620,800 B2)
`IPR2018-01607 (Patent 7,620,800 B2)
`IPR2018-01599 (Patent 6,076,152)
`IPR2018-01600 (Patent 6,247,110 B1)
`IPR2018-01604 (Patent 7,421,524 B2)
`__________________________
`
`SUPPLEMENTAL DECLARATION OF DR. HOUMAN HOMAYOUN
`UNDER 37 CFR §42.64(B)(2)
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`
`
`
`TABLE OF CONTENTS
`
`
`I. PURPOSE OF DECLARATION ........................................................................... 1
`II. MATERIALS REVIEWED AND CONSIDERED ............................................ 2
`III. CLOSING MATTERS .......................................................................................... 3
`
`
`
`
`
`i
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`
`
`
`I. PURPOSE OF DECLARATION
` My name is Dr. Houman Homayoun. I have personal knowledge of the facts
`
`contained in this declaration, am of legal age, and am otherwise competent to testify.
`
` I have been retained as an expert by Patent Owner on the patentability of
`
`patents owned by DirectStream, LLC (“DirectStream”) regarding high-performance
`
`reconfigurable computing. I have previously submitted a declaration in co-pending U.S.
`
`District court cases against Microsoft and Amazon related to certain claim construction
`
`issues.
`
` It is my understanding that Microsoft has filed and the Board has instituted 10
`
`IPR Petitions (IPR2018-01594, -1599, -1600, -1601, -1602, -1603, -1604, -1605, -1606,
`
`-1607) (I understand that the -1601, -1602, and -1603 have been consolidated into one
`
`IPR and that the -1605, -1606, and -1607 have been consolidated into one IPR).
`
` I provided expert opinions in declaration form to support Patent Owner’s
`
`preliminary responses to the above mentioned IPRs. Specifically, Exhibit 2029 in the -
`
`1601 IPR (-1602 IPR and -1603 IPR) and Exhibit 2029 in the -1605 IPR (-1606 IPR
`
`and -1607 IPR). I also provided expert opinions in declaration form to support Patent
`
`Owner’s Patent Owner Responses in the -1594 (EX2095), -1601 (EX2111), -1605
`
`(EX2112), -1599 (EX2104), -1600 (EX2104), and -1604 (EX2102) IPRs.
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`
`II. MATERIALS REVIEWED AND CONSIDERED
` As I stated in my prior declarations, my opinions are based on my years of
`
`education, research, and experience, as well as my review of the IPR petitions, the
`
`materials cited by Microsoft in the IPR petitions, and the Board’s institution decisions,
`
`specifically including the claims, specifications, prosecution histories, and various prior
`
`art references submitted during the prosecution of the Patents-in-Suit. In forming my
`
`opinion, I have considered the materials I identified in my various reports.
`
` A listing of key references I independently found were listed in Exhibit B of
`
`my reports (see for example, Exhibit B to the -1594 (EX2095), -1601 (EX2111), -1605
`
`(EX2112), -1604 (EX2102), -1599 (EX2104), and -1600 (EX2104) IPRs). Any material
`
`I independently searched for and found and/or reviewed and used to support my
`
`opinions were specifically mentioned in my opinions and such references were attached
`
`to my reports.
`
` Further and as I previously disclosed, I was also provided deposition
`
`testimony from Dr. Harold Stone (two transcripts), Dr. Stephen Trimberger, Dr. Scott
`
`Hauck, and the Declarations of Jon Huppenthal and Dr. Tarek El-Ghazawi and the
`
`exhibits attached thereto. I also reviewed the declaration of Dr. Steven Guccione related
`
`to these IPRs (EX2148 (-1599 and -1600 IPRs), EX2146 (-1604 IPR)). Additional
`
`documents provided to me were listed in Exhibit C and attached to the -1594 (EX2095),
`
`-1601 (EX2111), -1605 (EX2112), -1604 (EX2102), -1599 (EX2104), and -1600
`
`
`
`
`2
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`
`(EX2104) IPRs. To the extent I relied on any of these materials, I identified them and
`
`attached the documents to my report.
`
` The materials identified in Exhibits B and C and attached to my reports are the
`
`types of facts and data an individual with my experience would utilize to help
`
`understand the evidence in these IPRs. The materials identified in Exhibits B and C and
`
`attached to my various reports contain reliable facts and data a person with my
`
`education and experience would reasonably rely upon to evaluate the patents disclosed
`
`in the various IPRs I was asked to offer testimony on. Moreover, the material in
`
`Exhibits B and C and attached to my reports are relevant to my opinions as disclosed in
`
`my reports and also demonstrate the failure of Microsoft’s experts of not considering
`
`such materials in their conclusory opinions offered in the various IPRs I was asked to
`
`review.
`
`III. CLOSING MATTERS
` The opinions expressed in this declaration are not exhaustive of my opinions
`
`on the patentability of any of the claims in the Patents-in-Suit. Therefore, the fact that I
`
`do not address a particular point should not be understood to indicate any agreement on
`
`my part that any claim otherwise complies with any patentability requirements.
`
` I am not an employee of the Patent Owner or any affiliate or subsidiary
`
`thereof or any prior owner of the Patents-in-Suit. I also have no direct or indirect
`
`financial or other interest of any kind in the underlying litigation, dispute, or outcome
`
`
`
`
`3
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
`
`thereof, between the Patent Owner and Microsoft, including, without limitation, no
`
`financial interest in any of the Patent Owner’s patents.
`
` I am being compensated $445 per hour for my research and report
`
`preparation in this matter but my compensation does not depend on the opinions I
`
`render or the outcome of these proceedings.
`
` All of the opinions stated in this report are based on my personal knowledge
`
`and professional judgment. I have been warned that willful false statements and the like
`
`are punishable by fine or imprisonment, or both (18 U.S.C. § 1001) and may jeopardize
`
`the validity of the application or any patent issuing thereon. If called as a witness
`
`during the trial in this matter, I am prepared to testify competently about them. I am
`
`over the age of eighteen.
`
`Executed on: August ____, 2019
`
`
`
`
`
`
`
`
`
`_____________________
`Dr. Houman Homayoun
`
`
`4
`
`Patent Owner DirectStream, LLC
`Ex. 2179
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
