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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner
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`v.
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`MPH TECHNOLOGIES OY,
`Patent Owner
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`Case IPR2019-00819
`U.S. Patent No. 7,620,810
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`DECLARATION OF DAVID GOLDSCHLAG, PH.D.
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`
`Ex. 1002
`Apple v. MPH Techs. Oy
`IPR2019-00819
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`TABLE OF CONTENTS
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`
`I.
`Qualifications ................................................................................................... 4
`II. My Understanding of Claim Construction ...................................................... 7
`III. My Understanding of Obviousness ................................................................. 7
`IV. Level of Ordinary Skill in the Art ................................................................... 9
`V. Overview of the ’810 Patent .......................................................................... 10
`VI. Overview of the State of the Art at the Time of Filing ................................. 14
`A.
`Internet Protocol Security (IPSec) and Security Associations (SAs) . 14
`B.
`IPSec Transport Mode vs. Tunnel Mode ............................................ 15
`C.
`The IPSec Mobility Problem ............................................................... 19
`D.
`Prior Art Solutions to the IPSec Mobility Problem ............................ 21
`VII. Claims 1, 4-5, and 7 are Obvious over Ishiyama and Murakawa. ................ 24
`A. Overview of Ishiyama ......................................................................... 24
`B.
`Overview of the Combination of Ishiyama and Murakawa ................ 30
`C.
`The Combination of Ishiyama and Murakawa Renders Claim 1
`Obvious. .............................................................................................. 34
`1.
`Ishiyama in view of Murakawa discloses “A method for
`ensuring secure forwarding of a message in a
`telecommunication network, having at least one mobile
`terminal and another terminal and a security gateway
`therebetween” [1-pre]. .............................................................. 34
`Ishiyama discloses “a) establishing a secure connection
`between a first address of the mobile terminal and an address of
`the security gateway, the secure connection defined by at least
`the addresses of the mobile terminal and the security gateway,”
`[1A]. .......................................................................................... 40
`Ishiyama discloses “b) the mobile terminal changing from the
`first address to a second address,” [1B]. ................................... 44
`Ishiyama discloses “c) while at the second address, the mobile
`terminal sending a request message to the address of the
`security gateway to request the security gateway to change the
`secure connection to be defined between the second address and
`the address of the security gateway,” [1C]. .............................. 45
`Ishiyama discloses “in response to the request message from the
`mobile terminal, the security gateway changing an address
`definition of the secure connection from the first address to the
`second address,” [1D]. .............................................................. 48
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`2.
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`3.
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`4.
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`5.
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`6.
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`7.
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`Ishiyama in view of Murakawa discloses “the mobile terminal
`sending a secure message in the secure connection from the
`second address of the mobile terminal to the other terminal via
`the security gateway,” [1E]. ...................................................... 49
`Ishiyama discloses “the secure connection being established by
`forming a Security Association (SA) using IPSec protocols, and
`the request message and/or a reply message being encrypted
`and/or authenticated by using the same SA already established.”
`[1F]. ........................................................................................... 56
`The Combination of Ishiyama and Murakawa Renders Claim 7
`Obvious. .............................................................................................. 58
`The Combination of Ishiyama and Murakawa Renders Claim 4
`Obvious. .............................................................................................. 66
`The Combination of Ishiyama and Murakawa Renders Claim 5
`Obvious. .............................................................................................. 72
`VIII. Claims 2 and 3 are Obvious over Ishiyama, Murakawa, and Ahonen. ......... 73
`A. Overview of the Combination of Ishiyama, Murakawa, and Ahonen 73
`B.
`The Combination of Ishiyama, Murakawa, and Ahonen Renders
`Claims 2 and 3 Obvious. ..................................................................... 78
`IX. Claim 6 is Obvious over Ishiyama, Murakawa, and Forslöw. ...................... 81
`X.
`Conclusion ..................................................................................................... 85
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`D.
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`E.
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`F.
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`I, Dr. David Goldschlag, declare as follows:
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`1.
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`I have been retained on behalf of Apple Inc. for the above-captioned
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`inter partes review proceeding. I understand that this proceeding involves U.S.
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`Patent No. 7,620,810 (“’810 patent”), titled “Method and Network For Ensuring
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`Secure Forwarding of Messages,” and that the ’810 patent is currently assigned to
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`Mobility Patent Holding MPH Oy.
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`2.
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`I have reviewed and am familiar with the specification of the ’810
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`patent issued on November 17, 2009. I understand that the ’810 patent has been
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`provided as Ex. 1001. I will cite to the specification using the following format:
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`Ex. 1001, ’810 patent, 1:1-10. This example citation points to the ’810 patent
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`specification at column 1, lines 1-10.
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`3.
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`I have reviewed and am familiar with the following prior art used in
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`the Petition for Inter Partes Review of the ’810 patent:
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` File Wrapper for U.S. Patent No. 7,620,810. I understand that the ’810
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`patent file wrapper has been provided as Ex. 1003.
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` U.S. Patent No. 6,904,466 to Ishiyama et al. was filed on May 19,
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`2000, more than one year before the earliest possible priority date of
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`the ’810 patent. I understand that Ishiyama has been provided as Ex.
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`1004.
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` U.S. Patent No. 7,028,337 to Murakawa was filed on December 1,
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`2000 and published September 6, 2001, both dates being before the
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`earliest priority date of the ’810 patent. I understand that Murakawa
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`has been provided as Ex. 1005.
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` U.S. Patent No. 6,976,177 to Ahonen was filed on January 18, 2001
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`and published on July 19, 2001, both dates being more than one year
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`before the earliest priority date of the ’810 patent. I understand that
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`Ahonen has been provided as Ex. 1006.
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` U.S. Patent No. 6,954,790 to Forslöw was filed on December 5,
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`2000, more than one year before the PCT priority date of the ’810
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`patent. I understand that Forslöw has been provided as Ex. 1007.
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`4.
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`I have also reviewed the following other documents:
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` Demystifying the IPsec Puzzle, Sheila Franklel, Published 2001. I
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`understand Frankel has been provided as Ex. 1008.
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` IP Security - The Internet Protocol Journal – Volume 3, No. 1,
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`William Stallings, Published March 2000. I understand Stallings has
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`been provided as Ex. 1009.
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` Mobility-aware IPsec ESP tunnels, Francis Dupont, IETF Draft
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`Posted February 22, 2001. I understand DuPont has been provided as
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`Ex. 1010.
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` RFC2401 - S. Kent, and R. Atkinson, Security Architecture for the
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`Internet Protocol, RFC2401, November 1998. I understand RFC2401
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`has been provided as Ex. 1011.
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` RFC793 – Information Sciences Institute, University of Southern
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`California, Transmission Control Protocol, RFC793, September 1981.
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`I understand RFC793 has been provided as Ex. 1012.
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` Declaration of Sandy Ginoza for IETF provided as Ex. 1017. I am
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`familiar with the Request for Comments (RFC) process based on my
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`experience. As Ms. Sandy Ginoza explains, RFC2401 was indexed
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`and made publicly available no later than November 1998. Ex. 1017,
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`Ginoza Decl., ¶10. RFC793 was indexed and made publicly available
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`no later than October 1992. Id., ¶11.
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` Declaration of Alexa Morris provided as Ex. 1018. I am familiar with
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`the IETF draft process based on my experience. As Ms. Alexa Morris
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`explains, the “Mobility-aware IPsec ESP tunnels” reference by
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`Dupont provided as Ex. 1010 was made available to the public by
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`February 2001. Ex. 1018, Morris Decl., ¶9.
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` U.S. Patent No. 7,079,499 to Akhtar et al. was filed on September 7,
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`2000, being more than one year before the earliest priority date of the
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`’810 patent. I understand that Akhtar has been provided as Ex. 1013.
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` U.S. Pat. No. 7,174,018 to Patil et al. was filed on June 16, 2000,
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`being more than one year before the earliest priority date of the ’810
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`patent. I understand that Patil has been provided as Ex. 1014.
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` U.S. Patent No. 6,418,130 to Cheng et al. was filed on January 21,
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`1999, being more than one year before the earliest priority date of the
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`’810 patent. I understand that Cheng has been provided as Ex. 1015.
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` The Inter Partes Review Petition filed in this case.
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`5.
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`I am familiar with the technology described in the ’810 patent as of its
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`earliest possible priority date of September 28, 2001. I have been asked to provide
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`my technical review, analysis, insights, and opinions regarding the ’810 patent. I
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`have used this experience and insight along with the above-noted references as the
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`basis for my opinions that support the grounds of unpatentability set forth in the
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`Petition for Inter Partes Review of the ’810 Patent.
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`I.
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`Qualifications
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`6. My qualifications are stated more fully in my curriculum vitae,
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`attached as Exhibit 1016. Here, I provide a brief summary of my qualifications:
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`7.
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`I have extensive education and work experience in the field of
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`computer security. I received a B.S. degree in Computer Science from Wayne State
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`University in 1985, I then received a Ph.D. degree in Computer Science from the
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`University of Texas at Austin in 1992. In my Ph.D. program, I studied formal
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`methods and automated
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`theorem proving. My Ph.D.
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`thesis focused on
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`methodologies for increasing the confidence one may have that computer systems
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`behave as desired, including functionality, security, and safety.
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`8.
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`I have conducted significant research and published numerous papers
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`in the field of computer security. For example, I have published 34 papers in this
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`field, including papers on verification of computer programs, verification of
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`computer hardware, novel techniques for smartcard security for cable and satellite
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`TV systems, techniques for privacy in electronic transactions, techniques for
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`secure lotteries that do not depend on the trustworthiness of the lottery operator,
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`and several papers on Onion Routing. Onion Routing, now called Tor, is a system
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`for privacy and anonymity on the internet. I and my co-inventors for Onion
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`Routing, were awarded the Alan S. Berman Award at the Naval Research
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`Laboratory in 1999.
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`9. My research and work has resulted in my being a joint inventor on 12
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`issued patents related to computer security, including one patent on Onion Routing,
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`as well as patents related to security for paid video content, and patents related to
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`security and compliance of devices accessing enterprise systems.
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`10. Since 1987, I have continuously worked for government agencies and
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`private companies within the field of computer security. For example, from 1993
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`to 1997 I worked for the Naval Research Laboratory, researching computer
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`security and privacy solutions, developing security architectures, and developing
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`technologies
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`to
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`increase computer security and privacy for e-commerce
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`applications. It was at the Naval Research Laboratory that I co-invented Onion
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`Routing. From 1997 to 1999, I worked at Divx developing a cost-effective way to
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`secure digital entertainment content for movie-rental distribution via protected
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`DVDs. These positions, along with my education, all of which were completed
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`before the relevant timeframe for assessing the validity of the ’810 patent, more
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`than qualify me as a person of ordinary skill in the art for the ’810 patent at the
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`relevant time. In addition, I worked with people who possessed the same
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`experience as a person of ordinary skill in the art. From my personal experience
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`working on computer security solutions as well as through my interaction with
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`others, I understand the types of problems and the knowledge that a person of
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`ordinary skill in the art would have confronted and known at the relevant time.
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`11.
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`I have continued my work in computer security after the relevant
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`timeframe for assessing the validity of the ’810 patent as well, from 1999 to the
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`present. I have held several top-level executive positions with companies focused
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`on computer security, including KeySec software, Trusted Edge, Inc., Trust
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`Digital, Inc., McAfee, Inc., MobileSpaces (Cellsec, Inc.), Pulse Secure, LLC, and
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`New Edge Labs, Inc. In view of my education and experience both before and after
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`the relevant time, I am an expert in computer security, with knowledge and skill of
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`the art of the ’810 patent that is well beyond the level of knowledge and skill of a
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`person of ordinary skill in the art at the time of the filing of the ’810 patent.
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`12. My curriculum vitae is attached as Ex. 1016, which contains further
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`details on my education, experience, publications, and other qualifications to
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`render an expert option. My work on this case is being billed at my normal hourly
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`rate, with reimbursement for actual expenses. My compensation is not contingent
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`upon the outcome of this inter partes review.
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`II. My Understanding of Claim Construction
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`13.
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`I understand that, before the PTAB, claims are to be given their
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`ordinary and customary meaning in light of the specification as would have been
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`read by a person having ordinary skill in the relevant art (also referred to herein as
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`“POSITA”).
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`III. My Understanding of Obviousness
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`14.
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`I understand that a patent claim is invalid if the claimed invention
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`would have been obvious to a person of ordinary skill in the field at the time the
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`application was filed. This means that even if all of the requirements of the claim
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`cannot be found in a single prior art reference that would anticipate the claim, the
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`claim can still be invalid.
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`15. As part of this inquiry, I have been asked to consider the level of
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`ordinary skill in the field that someone would have had at the time the claimed
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`invention was made. In deciding the level of ordinary skill, I considered the
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`following:
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` the levels of education and experience of persons working in the field;
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` the types of problems encountered in the field; and
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` the sophistication of the technology.
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`16. To obtain a patent, a claimed invention must have, as of the priority
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`date, been nonobvious in view of the prior art in the field. I understand that an
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`invention is obvious when the differences between the subject matter sought to be
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`patented and the prior art are such that the subject matter as a whole would have
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`been obvious at the time the invention was made to a person having ordinary skill
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`in the art.
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`17.
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`I understand that to prove that prior art or a combination of prior art
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`renders a patent obvious, it is necessary to: (1) identify the particular references
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`that, singly or in combination, render the patent obvious; (2) specifically identify
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`which elements of the patent claim appear in each of the asserted references; and
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`(3) explain how the prior art references could have been combined in order to
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`create the inventions claimed in the asserted claim.
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`18.
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`I understand that certain objective indicia can be important evidence
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`regarding whether a patent is obvious or nonobvious. Such indicia include:
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`(1) commercial success of products covered by the patent claims; (2) a long-felt
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`need for the invention; (3) failed attempts by others to make the invention;
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`(4) copying of the invention by others in the field; (5) unexpected results achieved
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`by the invention as compared to the closest prior art; (6) praise of the invention by
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`the infringer or others in the field; the taking of licenses under the patent by others;
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`(7) expressions of surprise by experts and those skilled in the art at the making of
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`the invention; and (8) the patentee proceeded contrary to the accepted wisdom of
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`the prior art.
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`19.
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`I also understand that “obviousness” is a legal conclusion based on the
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`underlying factual issues of the scope and content of the prior art, the differences
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`between the claimed invention and the prior art, the level of ordinary skill in the
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`prior art, and any objective indicia of non-obviousness. For that reason, I am not
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`rendering a legal opinion on the ultimate legal question of obviousness. Rather, my
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`testimony addresses the underlying facts and factual analysis that would support a
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`legal conclusion of obviousness or non-obviousness, and when I use the term
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`obvious, I am referring to the perspective of one of ordinary skill at the time of
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`invention.
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`IV. Level of Ordinary Skill in the Art
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`20. Based on the disclosure of the ’810 patent, a person of ordinary skill
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`in the art (POSITA) would have had a Bachelor’s degree in Electrical Engineering,
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`Computer Engineering, Computer Science, or an equivalent field, as well as at
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`least 2-5 years of academic or industry experience in the computer network
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`security industry.
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`21. By equivalent field, I mean that the required levels of educational and
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`industry experience are on a sliding scale relative to each other. For example, a
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`person of ordinary skill could have a more advanced educational degree with less
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`industry experience.
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`V. Overview of the ’810 Patent
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`22. The ’810 patent relates to a method and network that securely
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`forwards messages in a telecommunication network. Ex. 1001,’810 patent,
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`Abstract. In particular, the ’810 patent describes facilitating communications
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`received from a mobile host using the IPSec protocol. Id., 6:65-7:6. “The IP
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`Security protocols (IPSec) provides the capability to secure communications
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`between arbitrary hosts” using negotiated encryption keys Id., 1:57-58. These
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`encryption keys are typically negotiated in an automated fashion using a protocol
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`known as “Internet Key Exchange” or IKE. Id., 4:3-5.
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`23. One well-known limitation of the IPsec protocol, however, is that it
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`was designed to only connect computers having fixed IP addresses. Id., 4:9-13.
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`This is because the negotiated encryption keys for the IPSec connection are stored
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`in a structure referred to as a “security association (SA)” and the “SAs are bound to
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`static addresses.” See id., 4:47-58. Therefore, conventionally, when a mobile
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`computer moves to a different network and consequently changes to a different IP
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`address, the “IKE key exchange will have to be redone….” Id., 4:15-18.
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`24.
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`“This
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`is problematic, because
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`IKE key exchanges
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`involve
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`computationally expensive…calculations.” Id., 4:15-18. Further, re-establishing an
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`IPSec SA may result in an interruption of service due to the many messages
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`required for a full re-negotiation of the SA. See id., 9:40-46. The ’810 patent
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`identifies this known issue of a moving mobile terminal in a telecommunication
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`network with IPSec. Id., 4:15-18. In particular, the ’810 patent explains that when
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`a mobile terminal moves to a different network address, a “full re-negotiation” of
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`keys is required to re-establish a new secure connection. See id., 9:12-15, 9:40-43.
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`25. To avoid this “full re-negotiation,” the ’810 patent’s states that its
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`solution is to simply require the mobile terminal to send a notification to update the
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`SA with the new address. Id., Abstract. The ’810 explains that this “signaling
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`mechanism” allows an existing secure connection to be re-used and updated via a
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`request message sent from the mobile terminal. See id., 7:29-45. In this manner,
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`the ’810 patent proposes that the reestablishment of a secure connection may be
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`avoided and some processing steps may be saved as seen from a comparison of
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`Figure 5 to Figure 4. See id., 10:20-23.
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`26. To illustrate this operation, the ’810 patent describes the movement of
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`a mobile terminal from a first address to a second address while the mobile
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`terminal is communicating with an “other terminal.” Id., Abstract. The ’810 patent
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`describes this mobile terminal as a “first terminal.” Id. “The first terminal moves
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`from a first address to a second address.” Id. “When the first terminal moves from
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`the first address to the second address, the connection is changed to be between the
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`second address and [] the other terminal by means of a request from the first
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`terminal….” Id. (emphasis added).
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`27. The ’810 patent describes an embodiment of this communication
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`process using a “security gateway.” See id., 8:53-64. Figure 1 as annotated below
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`depicts this connection. “Computer 1 may be a client computer and computer 2 a
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`destination computer, to which the secure messages are sent….” Id., 8:54-58.
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`“Computer 2 might be a security gateway for a third computer 3.” Id., 8:58-59.
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`“The security gateway can be a common security gateway for e.g., a company
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`LAN, whereby there are several computers in the LAN protected by computer 2.”
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`Id., 8:60-63.
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`’810 patent, FIG. 1 (annotated).
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`28. The ’810 patent explains that “an IPSec tunnel [is] established
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`
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`between computer 1 and computer 2.” Id., 8:57-58. Computer 1 may be associated
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`with a first address “A.” When computer 1 moves from address A to address B,
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`computer 1 sends a message to computer 2 requesting that computer 2 register the
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`new address. See id., 8:60-9:7, 9:14-19, 9:63-10:2. In response to this request
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`message, computer 2 updates the address corresponding to computer 1. “[The]
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`existing IPSec tunnel endpoint can be moved…from one [end] point of attachment
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`to another. For instance, an IPSec tunnel established between addresses A and X…
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`can be changed by using the defined signaling to be between addresses B and
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`X….” Id., 7:29-37.
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`VI. Overview of the State of the Art at the Time of Filing
`29. The ’810 patent includes a lengthy Technical Background section
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`describing the state of the art, context, and framework for its purported invention. I
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`discuss this background further below.
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`A.
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`Internet Protocol Security (IPSec) and Security Associations
`(SAs)
`30. As previously described, the ’810 patent explains the well-known
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`Internet Protocol Security (IPsec) standard framework that “provides the capability
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`to secure communications between arbitrary hosts, e.g., across a LAN, across
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`private and public wide area networks (WANs)….” Id., 1:57-59; see also Ex. 1011,
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`RFC2401, 51. “[A]cross the internet[,] IPSec can be used in different ways, such as
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`for building secure virtual private networks, to gain a secure access to a company
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`network, or
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`to secure communication with other organisations, ensuring
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`authentication and confidentiality and providing a key exchange mechanism.” ’810
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`patent, 1:60-64; see also RFC2401, 25. In this manner, the ’810 patent
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`acknowledges the well-known prior art configurations that include IPSec tunnel
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`mode and mobile terminal communications with security gateways, such as
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`firewalls or routers. ’810 patent, 2:41-51; see also RFC2401, 6, 25, 28.
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`31. The ’810 patent further explains that the IPsec standard includes three
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`major protocols: (1) authentication headers (AH); (2) encapsulating security
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`payloads (ESP); and (3) security associations (SA). See ’810 patent, 2:11-32; see
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`also RFC2401, 6-12. “Both AH and ESP are vehicles for access control based on
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`the distribution of cryptographic keys and the management of traffic flows related
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`to these security protocols.” ’810 patent, 2:17-20; see also RFC2401, 6-7. “A
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`security association [SA] is a one-way relationship between a sender and a receiver
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`that offers security services to the traffic carried on it.” ’810 patent, 2:22-24. “SAs
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`are bound to static addresses.” See id., 4:47-58. “[I]f a secure two way relationship
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`is needed, then two security associations are required.” Id., 2:25-26. “[An] SA
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`bundle is the combination of all SAs used to secure a packet.” Id., 2:31-32.
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`32. A security association is uniquely identified by three parameters. The
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`first one, the Security Parameters Index (SPI), is a bit string [that] is carried in AH
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`and ESP headers to enable the receiving system to select the SA under which a
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`received packet will be processed. IP destination address is the second parameter,
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`which is the address of the destination end point of the SA, which may be an end
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`user system or a network system such as a firewall or a router. The third
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`parameter, the security protocol identifier indicates whether the association is an
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`AH or ESP security association.” Id., 2:41-51; see also RFC2401, 8-9. (emphasis
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`added).
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`B.
`IPSec Transport Mode vs. Tunnel Mode
`33. The ’810 patent continues to describe the two well-known modes of
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`operation for IPsec: “transport and tunnel mode.” ’810 patent, 3:8-9. “Typically,
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`transport mode is used for end-to-end communication between two hosts.” Id.,
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`3:12-13; see also RFC2401, 9. (emphasis added). In contrast, “[t]unnel mode is
`
`often used when one or both ends of a SA is a security gateway, such as a firewall
`
`or a router that implements IPSec.” ’810 patent, 3:19-21 (emphasis added); see
`
`also 2:6-10, 5:59-62, citing RFC2401, 9:
`
`A tunnel mode SA is essentially an SA applied to an IP tunnel.
`Whenever either end of a security association is a security gateway,
`the SA MUST be tunnel mode. Thus an SA between two security
`gateways is always a tunnel mode SA, as is an SA between a host and
`a security gateway.
`RFC2401, 9. An article from the Internet Protocol Journal further describes the
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`well-known operation of tunnel mode:
`
`The entire original, or inner, packet travels through a ‘tunnel’ from
`one point of an IP network to another; no routers along the way need
`to examine the inner IP header…. Tunnel mode is used when one or
`both ends of an SA is a security gateway, such as a firewall or router
`that implements IPSec. With tunnel mode, a number of hosts on
`networks behind firewalls may engage in secure communications
`without implementing IPSec. The unprotected packets generated by
`such hosts are tunneled through external networks by tunnel mode
`SAs set up by the IPSec process in the firewall or secure router at the
`boundary of the local network.
`
`Ex. 1009, Stallings, 0014. (emphasis added).
`
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`34. The book “Demystifying the IPSec Puzzle” by Sheila Frankel
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`provides a visualization of three well-known scenarios using transport mode and
`
`tunnel mode. See Ex. 1008, Frankel, 3, FIGs. 1.1(a) – 1.1(c).
`
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`- 17 -
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`
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`Figure 1.1(a) Communication scenario 1: host-to-host.
`
`Network N1
`
`Host H1-1 Host H1-2
`
`Network N2
`
`
`
`
`Host H2-1 Host H2-2
`M
`
`
`
`
`
`$62
`
`Host H2-3
`
`Figure 1.1(b) Communication scenario 2: gateway-to-gateway.
`
`
`
`
`Host H?-1 Host H2-2
`
`Network N2
`
`Figure 1.1(c) Communication scenario 3: host-to-gateway.
`Frankel, FIGs. 1.1(a) – 1.1(c).
`Frankel, FIGs. 1.1(a) — 1.1(c).
`
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`- 18 -
`-18 -
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`
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`35. As seen in Figure 1.1(a), “two hosts [are] communicating with each
`
`other.” Frankel, 3. As previously explained, the two hosts may form an IPsec SA
`
`connection using transport mode. See ’810 patent, 3:12-13. Figure 1.1(b) depicts a
`
`“small-scale VPN: two separate networks, each protected from the outside by a
`
`security gateway that screens all communications to and from its associated
`
`network.” Frankel, 3. As explained in the ’810 patent, “[t]unnel mode is often used
`
`when one or both ends of a SA is a security gateway,” so an IPSec SA connection
`
`using tunnel mode would likely exist between the two gateways depicted in Figure
`
`1.1(b). ’810 patent, 3:19-21.
`
`36. Most relevant to the ’810 patent is Figure 1.1(c). In this figure, “a
`
`single host [is] communicating with another host that resides on a network
`
`protected by a security gateway. This commonly occurs when an employee dials
`
`into a business network from home or when on a business trip.” Frankel, 3. As
`
`explained in the ’810 patent, “[t]unnel mode is often used when one or both ends
`
`of a SA is a security gateway,” so an IPSec SA connection using tunnel mode
`
`would likely exist between the host and gateway depicted in Figure 1.1(c). ’810
`
`patent, 3:19-21; see also RFC2401, 9.
`
`C. The IPSec Mobility Problem
`37. Frankel further explains the same well-known problem described in
`
`the ’810 patent. The scenario depicted in Figure 1.1(c) “is complicated by the fact
`
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`- 19 -
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`
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`that the single host, when dialing into the network, may not have a fixed network
`
`address.” Frankel, 3.
`
`38. The ’810 patent also describes this same “mobile terminal” problem
`
`because “IPSec is intended to work with static network topology, where hosts are
`
`fixed to certain subnetworks. For instance, when an IPsec tunnel has been formed
`
`by using Internet Key Exchange (IKE) protocol, the tunnel endpoints are fixed and
`
`remain constant.” ’810 patent, 4:10-15; see also RFC2401, 25-26, 28. “A SA is
`
`bound to a certain IP address, and if it is changed, the existing IPSec SA becomes
`
`useless because it has been established by using different endpoint addresses.”
`
`’810 patent, 4:33-35. “If IPSec is used with a mobile host[,] the IKE key exchange
`
`will have to be redone from every new visited network.” Id., 4:15-17. This full re-
`
`negotiation could
`
`lead
`
`to
`
`inefficiencies and computationally expensive
`
`calculations. Id. In this manner, the ’810 patent describes the same problems
`
`identified in Frankel and well-known in the art.
`
`39. The ’810 patent defines the term “mobility” as not only referring to a
`
`physical mobility of a mobile terminal but instead also referring to the “moving
`
`from one network to another….” Id., 4:27-29. When the mobile terminal uses
`
`another network or IP address, the mobile terminal has “moved.” Id.
`
`
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`- 20 -
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`
`
`D.
`Prior Art Solutions to the IPSec Mobility Problem
`40. The ’810 patent acknowledges that the well-known mobility issue was
`
`addressed in the prior art: “[t]he problem has been discussed in the IETF
`
`standardization forum, www.IETF.org, wherein an idea to support mobility for
`
`IPSec ESP tunnels by means of signaling to update the address of one end after a
`
`movement was mentioned by Francis Dupont.” ’810 patent, 4:36-40; see also Ex.
`
`1010, Dupont, 3, “Signaling” (“The signaling function provides a way to update
`
`the care-of address in this pair on correspondent nodes when the mobile node has
`
`moved, i.e. has acquired a new care-of address.”) As will be discussed below, the
`
`’810 patent adopts this well-known signaling solution to update the mobile node’s
`
`address. Simply put, the purported invention of the ’810 patent merely adopts a
`
`well-known technique from among many prior-art techniques already known to
`
`POSITAs at the time of the ’810 patent’s invention.
`
`41. One known method of addressing the IPSec mobility issue described
`
`above was to establish multiple SAs corresponding to networks visited by a mobile
`
`terminal. See, e.g., Ex. 1006, Ahonen, 4:10-13; Ex. 1013, Akhtar, 23:60-67, 24:47-
`
`59, FIG. 8; Ex. 1014, Patil, 6:44-8:10. Then, when a mobile host moves to a
`
`particular network, the corresponding SA created for that network is used for the
`
`connection. See Ahonen, 9:7-10; Akhtar, 32:42-45, 32:50-55, 34:16-20. For
`
`example, Ahonen describes establishing pre-existing SAs that are activated based
`
`
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`- 21 -
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`
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`on the network the mobile host is visiting: “The remote control function is used by
`
`the mobile host 1 to remotely ‘activate’ preexisting secure connections to the
`
`correspondent host 4.” Ahonen, 9:8-10. (emphasis added). Similarly, Akhtar
`
`describes establishing multiple SAs between multiple addresses as seen from
`
`Figure 9 below.
`
`Ex. 1013, Akhtar, FIG. 9.
`
`In this manner, the prior art de