throbber
Petitioner’s Demonstratives
`NetApp, Inc.,
`Petitioner
`v.
`KOM Software, Inc.,
`Patent Owner
`
`IPR2019-00598 - Patent No. 7,076,624
`IPR2019-00604 - Patent No. 7,536,524
`
`1
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`NETAPP EXHIBIT 1036
`NETAPP v. KOM
`IPR2019-00604
`
`

`

`Instituted Grounds – ’624 (IPR2019-00598)
`– Challenged claims: 1-11, 22-31
`• 1 (method) and 22 (computer program product) are independent
`
`
`
`22
`
`’624 Institution Decision at 7, 22.
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`Instituted Grounds – ’524 (IPR2019-00604)
`– Challenged claims: 1-4, 9, 11, 18, 19, 24, 29-31
`• 1 (method) and 29 (computer program product) are independent
`
`
`
`33
`
`’524 Institution Decision at 4, 16.
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`Disputed Issues – ’524 (IPR2019-00604)
`
`
`
`44
`
`’524 patent, 17:28-41, 20:25-29, 45-67.
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`Disputed Issues – ’624 (IPR2019-00598)
`
`
`
`55
`
`’624 patent, 10:20-43, 12:1-26.
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`

`KOM’s Irrelevant Prosecution History Citations
`
`(Prosecution History at 43.)
`
`
`
`66
`
`’524: POR at 5, 17-18, 27-28, 32-33; Sur-reply at 1-3, 5, 15; Pet. Reply at 3-4, 14.
`’624: POR at 5, 15-16, 26; Sur-reply at 1, 3; Pet. Reply at 5.
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`KOM’s Irrelevant Prosecution History Citations
`
`(Prosecution History at 43.)
`
`
`
`77
`
`’524: POR at 5, 17-18, 27-28, 32-33; Sur-reply at 1-3, 5, 15; Pet. Reply at 3-4, 14.
`’624: POR at 5, 15-16, 26; Sur-reply at 1, 3; Pet. Reply at 5.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`KOM’s Irrelevant Prosecution History Citations
`
`(Prosecution History at 43-44.)
`’524: POR at 5, 17-18, 27-28, 32-33; Sur-reply at 1-3, 5, 15; Pet. Reply at 3-4, 14.
`’624: POR at 5, 15-16, 26; Sur-reply at 1, 3; Pet. Reply at 5.
`
`
`
`88
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`

`KOM’s Irrelevant Prosecution History Citations
`
`(Prosecution History at 44.)
`’524: POR at 5, 17-18, 27-28, 32-33; Sur-reply at 1-3, 5, 15; Pet. Reply at 3-4, 14.
`’624: POR at 5, 15-16, 26; Sur-reply at 1, 3; Pet. Reply at 5.
`
`
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`99
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`KOM: Allowance or Denial Based on More
`
`(’524 Sur-reply at 2.)
`
`(’624 Sur-reply at 3.)
`
`
`
`1010
`
`’524: Sur-reply at 2; Pet. Reply at 3.
`’624: Sur-reply at 2-3; Pet. Reply at 4-5.
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`’524 Claims 18 and 28: Allowance or Denial Based on More
`
`(’524 patent, 20:5-8.)
`
`(’524 patent, 20:39-44.)
`
`
`
`1111
`
`’524: Pet. Reply at 3.
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`’524 Specification: Allowance or Denial Based on More
`
`(’524 patent, 15:49-57.)
`
`
`
`1212
`
`’524 Pet. Reply at 3.
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`’243 Claims: Allowance or Denial Based on More
`
`(’243 patent,
`34:61-67.)
`
`(’243 patent,
`35:1-15.)
`
`(’243 patent,
`35:16-32.)
`
`(’243 patent,
`36:1-7.)
`
`
`
`1313
`
`’524: Pet. Reply at 3; Sur-reply at 2.
`’624: Pet. Reply at 4-5; Sur-reply at 2-3.
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`’477 Claim: Allowance or Denial Based on More
`
`(’477 patent, 37:55-66.)
`
`
`
`1414
`
`’524: Pet. Reply at 3; Sur-reply at 2.
`’624: Pet. Reply at 4; Sur-reply at 2-3.
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`KOM: ’524 is “Logical”
`
`
`
`1515
`
`’524: Pet. Reply at 11-12.
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`(’524 POPR at 15.)
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`

`KOM’s Irrelevant Specification Citations
`
`(’524 patent at 2:24-28.)
`(’624 patent at 2:18-22.)
`
`(Nagar at 499.)
`
`(Vossen at 1:15-22.)
`
`
`
`1616
`
`’524: Sur-reply at 18; Pet. Reply at 13-14.
`’624: Sur-reply at 9; Pet. Reply at 15-16.
`
`(Vossen at 3:25-27.)
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`KOM’s Irrelevant Specification Citations
`
`(’524 patent at Abstract.)
`(’624 patent at Abstract.)
`
`(’175 patent at 11:20-25.)
`
`’524: POR at 23, 25, 34; Pet. Reply at 14; Sur-reply at 13.
`’624: POR at 21, 13, 33; Pet. Reply at 15; ; Sur-reply at 7.
`
`
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`1717
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`KOM’s Irrelevant Specification Citations
`
`(’524 patent at Abstract.)
`(’624 patent at Abstract.)
`
`(’175 patent at 10:54-62.)
`
`’524: POR at 23, 25, 34; Pet. Reply at 14; Sur-reply at 13.
`’624: POR at 21, 13, 33; Pet. Reply at 15; Sur-reply at 7.
`
`
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`1818
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`KOM’s Irrelevant Specification Citations
`
`(’524 patent at Abstract.)
`(’624 patent at Abstract.)
`
`(’175 patent at 10:65-67.)
`
`(’175 patent at 11:1-7.)
`
`(’175 patent at 11:12-13.)
`
`’524: POR at 23, 25, 34; Pet. Reply at 14; Sur-reply at 13.
`’624: POR at 21, 13, 33; Pet. Reply at 15; Sur-reply at 7.
`
`
`
`1919
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`KOM’s Irrelevant Specification Citations
`
`(’524 patent at Abstract.)
`(’624 patent at Abstract.)
`
`(’175 patent at 10:40-42.)
`
`’524: POR at 23, 25, 34; Pet. Reply at 14; Sur-reply at 13.
`’624: POR at 21, 13, 33; Pet. Reply at 15; Sur-reply at 7.
`
`
`
`2020
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`KOM’s Irrelevant Specification Citations
`
`(’624 patent at 3:18-26.)
`
`(’864 patent at 10:22-33.)
`
`’524: POR at 23, 25, 34; Pet. Reply at 14; Sur-reply at 13.
`’624: POR at 21, 13, 33; Pet. Reply at 15; ; Sur-reply at 7.
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`
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`2121
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`KOM’s Irrelevant Specification Citations
`
`(’524 patent at 3:22-33.)
`
`(’864 patent at 10:48-60.)
`
`
`
`2222
`
`’524: POR at 23, 25, 34; Pet. Reply at 13-14; Sur-reply at 13.
`’624: POR at 21, 23, 33; Pet. Reply at 15-16; Sur-reply at 7.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`KOM’s Irrelevant Specification Citations
`
`(’624 patent at 3:43-55.)
`
`(’864 patent at 11:5-12:8.)
`
`
`
`2323
`
`’524: POR at 23, 25, 34; Pet. Reply at 13-14; Sur-reply at 13.
`’624: POR at 21, 23, 33; Pet. Reply at 15-16; Sur-reply at 7.
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`KOM’s Irrelevant Specification Citations
`
`(’524 at 11:37-56; ’624 at 9:19-41.)
`
`
`
`2424
`
`’524: Pet. Reply at 13-14; Sur-reply at 14.
`’624: Pet. Reply at 15-16; Sur-reply at 13.
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`KOM’s Irrelevant Specification Citations
`
`(’524 at 11:57-12:13; ’624 at 9:42-64.)
`’524: POR at 4, 8, 23-25, 27, 30, 32, 34; Pet. Reply at 13-14; Sur-reply at 13.
`’624: POR at 4, 8, 21, 23, 25, 29, 31, 33; Pet. Reply at 15-16; Sur-reply at 7, 13.
`
`
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`2525
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`Nagar’s Teachings
`
`• Read request — allow
`immediately (first level of
`privilege)
`• Nonviral write request —
`check virus and allow
`(second level of privilege)
`• Viral write request — check
`virus and deny (third level
`of privilege)
`
`(Nagar at 498.)
`’524: Pet. at 58-59; Pet. Reply 5-8.
`’624: Pet. at 16-18; Pet. Reply 6-10.
`
`
`
`2626
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`Nagar’s Teachings
`
`(Nagar at 40.)
`
`
`
`2727
`
`’624 Pet. at 15.
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`Nagar’s Teachings
`
`(Nagar at 497.)
`
`(Nagar at 498-99.)
`
`
`
`2828
`
`’524: Pet.at 57-58, 61-62, 65.
`’624: Pet. at 15, 17-18.
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`Nagar’s Teachings
`
`(Nagar at 499.)
`
`
`
`2929
`
`’524 sur-reply 13; ’624 sur-reply 13-14.
`
`(Nagar at 498.)
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`Nagar’s Teachings
`
`(Nagar at 499.)
`’624 Pet. at 20; ’524 Pet. at 4.
`
`3030
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`(’624 patent, Figure 3; ’524 patent, Figure 3.)
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`

`Nagar’s Teachings
`
`(Nagar at 499.)
`
`(Nagar at 506.)
`
`(Nagar at 159 (annotated).)
`
`
`
`3131
`
`’524: Pet. at 59; Pet. Reply at 15-16.
`’624: Pet. at 18, 21, 25; Pet. Reply at 17-18.
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`Nagar’s Teachings
`• A POSITA would understand a representation of a storage medium to be the same as the actual
`logical storage. (’524 Pet. Reply at 16-17; ’624 Pet. Reply at 18.)
`
`(Nagarat 156.)
`• The portion of Nagar cited by KOM also teaches the same. (’524 Sur-reply at 16; ’624 Sur-reply at 17.)
`
`(Nagarat 250.)
`
`
`
`3232
`
`’524: Pet. Reply at 16-17; Sur-reply at 16; Ex. 1002 (Weissman) at ¶ 207.
`’624: Pet. Reply at 18; Sur-reply at 17; Ex. 1002 (Weissman) at ¶ 119.
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`Nagar’s Teachings
`
`(Nagarat 285.)
`
`(Nagarat 286.)
`
`
`
`3333
`
`’524: Pet. Reply at 17; Ex. 1002 at ¶¶ 206-08; POR at 23; Sur-reply at 16.
`’624: Pet. Reply at 18; Ex. 1002 at ¶ 119; POR at 21; Sur-reply at 18.
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`Vossen’s Teachings
`
`(Vossenat 3:28-41.)
`
`
`
`3434
`
`’524: Pet. at 20, 22; Pet. Reply at 10.
`’624: Pet. at 41; Pet. Reply at 10, 11.
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`Vossen’s Teachings
`
`(Vossenat 3:59-4:16.)
`’524: Pet. at 13, 15, 20, 33; Pet. Reply at 10, 19
`’624: Pet. at 37, 40; Pet. Reply at 10.
`
`
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`3535
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`Vossen’s Teachings
`
`(Vossenat 4:17-20.)
`
`
`
`3636
`
`’524: Pet. at 22; Pet. Reply at 9, 10.
`’624: Pet. Reply at 10, 11.
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`Vossen’s Teachings
`
`(Vossenat 10:29-40.)
`
`
`
`3737
`
`’524: Pet. at 13, 15, 20; Pet. Reply at 9.
`’624: Pet. at 37, 40; Pet. Reply at 10.
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`Vossen’s Teachings
`
`(Vossenat 5:51-57.)
`
`
`
`3838
`
`’624: Pet. at 37; Pet. Reply at 10.
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`Vossen’s Teachings
`
`(Vossenat 9:55-64.)
`
`
`
`3939
`
`’524: Pet. at 11, 12, 15-17, 21; Pet. Reply at 9.
`’624: Pet. at 43; Pet. Reply at 11, 15.
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`Vossen’s Teachings
`
`(Vossenat 7:28-31; see also id. at 6:54-57.)
`
`(Vossenat 7:23-27; see also id. at 6:49-53.)
`
`
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`4040
`
`’524: Pet. at 16; Pet. Reply at 18, 20.
`’624: Pet. Reply at 19-21.
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`Vossen’s Teachings
`
`(Vossenat 6:1-5.)
`
`
`
`4141
`
`’524: Pet. at 16; Pet. Reply at 19-20.
`’624: Pet. Reply at 19, 21.
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`Vossen’s Teachings
`
`(Vossenat 7:45-47.)
`
`
`
`4242
`
`’524: Pet. Reply at 18, 20.
`’624: Pet. Reply at 19, 21.
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`Vossen’s Teachings
`
`
`
`4343
`
`’524: Pet. Reply at 20.
`
`(Vossenat 5:22-38.)
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`Vossen’s Teachings
`
`
`
`4444
`
`’524: Pet. at 12, 13, 14.
`’624: Pet. at 38, 40.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`(Vossenat 2:3-23.)
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`

`

`Vossen’s Teachings
`
`(Vossenat 6:12-31.)
`
`
`
`4545
`
`’524: Pet. at 14; Pet. Reply at 17.
`’624: Pet. at 40, 44; Pet. Reply at 19.
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`Vossen’s Teachings
`
`(Vossenat 8:19-24.)
`
`
`
`4646
`
`’524: Pet. at 12, 14, 18.
`’624: Pet. at 39, 41.
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`Vossen’s Teachings
`
`(Vossenat 8:25-33.)
`
`
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`4747
`
`’524: Pet. at 12-14, 17, 22; Pet. Reply at 20.
`’624: Pet. at 41; Pet. Reply at 22.
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`Vossen’s Teachings
`
`(Vossenat 8:34-43.)
`
`
`
`4848
`
`’524: Pet. at 12, 14, 17, 22; Pet. Reply at 20.
`’624: Pet. at 39, 41.
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`Vossen’s Teachings
`
`(Vossenat 8:44-49.)
`
`
`
`4949
`
`’524: Pet. at 12, 13, 15, 18, 19.
`’624: Pet. at 37, 40, 41.
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`Vossen’s Teachings
`
`(Vossenat Fig. 4.)
`
`
`
`5050
`
`’524: Pet. at 12-15, 19.
`’624: Pet. at 41, 47.
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`Vossen’s Teachings
`
`(Vossenat 9:1-17.)
`’524: Pet. at 14, 22, Pet. Reply at 19, 20.
`’624: Pet. at 39, 41, 44; Pet. Reply at 22.
`
`
`
`5151
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`
`

`

`Vossen’s Teachings
`
`(Vossenat 9:65-10:4.)
`
`
`
`5252
`
`’524: Pet. at 12, 15, 16; Pet. Reply at 9.
`’624: Pet. at 44, 45, 53.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Vossen’s Teachings
`
`(Vossenat 10:5-17.)
`
`
`
`5353
`
`’524: Pet. at 12, 13, 15-17; Pet. Reply at 9.
`’624: Pet. at 37, 39, 41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Vossen’s Teachings
`
`(Vossenat 10:18-28.)
`
`
`
`5454
`
`’524: Pet. at 12-17, 20; Pet. Reply at 9.
`’624: Pet. at 37-39, 41.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Vossen’s Teachings
`
`(Vossenat 11:1-4.)
`
`
`
`5555
`
`’524: Pet. at 12, 16, 20.
`’624: Pet. at 39, 43.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Kung’s Overwriting Teaches the Claimed “Secure Erasure”
`
`(Kung (Ex. 1008), 1:24-29.)
`
`
`
`5656
`
`’524: Pet. at 54, 55, Pet. Reply at 21-22.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Kung’s Overwriting Teaches the Claimed “Secure Erasure”
`
`(Weissman Dec (Ex. 1002) ¶ 180.)
`
`
`
`5757
`
`’524: Pet. at 55.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Kung’s Encrypting Teaches the Claimed “Secure Erasure”
`
`(Kung (Ex. 1008), 1:62-2:8.)
`
`
`
`5858
`
`’524: Pet. at 55-56; Pet. Reply at 23.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Kung’s Encrypting Teaches the Claimed “Secure Erasure”
`
`(Kung (Ex. 1008), 2:15-27.)
`
`(Kung (Ex. 1008), 3:18-32.)
`
`
`
`5959
`
`’524: Pet. at 54, 55.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Kung’s Encrypting Teaches the Claimed “Secure Erasure”
`
`(Weissman Dec (Ex. 1002) ¶ 181.)
`
`’524: Pet. at 55, 56.
`
`
`
`6060
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Obvious to Combine with Kung
`
`(Weissman Dec (Ex. 1002) ¶ 176.)
`
`(Weissman Dec (Ex. 1002) ¶ 175.)
`
`
`
`6161
`
`’524: Pet. at 54, 74-76; Pet. Reply at 22; see also Ex. 1002 at ¶¶ 247-253.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

`

`Obvious to Combine with Kung
`
`(Weissman Dec (Ex. 1002) ¶ 177.)
`
`(Weissman Dec (Ex. 1002) ¶ 178.)
`
`
`
`6262
`
`’524: Pet. at 54, 74-76, 55; Pet. Reply at 22; see also Ex. 1002 at ¶¶ 247-253.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCEDEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`

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