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`DISH, Exh. 1030, p. 0001
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`EX. E
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`DISH, Exh. 1030, p. 0001
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 2 of 58
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`MULTIMEDIA CONTENT
`MANAGEMENT LLC,
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`Plaintiff
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`v.
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`DISH NETWORK L.L.C.,
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`Defendant.
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`(cid:3)
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`(cid:3)
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`(cid:3)
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`(cid:3)
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`§
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`Civil Action No.: 6:18-cv-00207-ADA
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`JURY TRIAL DEMANDED
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`PATENT CASE
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`(cid:3)
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`(cid:3)
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`DECLARATION OF ANTHONY J. WECHSELBERGER IN SUPPORT OF
`DEFENDANT’S OPENING CLAIM CONSTRUCTION BRIEF
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`DISH, Exh. 1030, p. 0002
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 3 of 58
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`DECLARATION IN SUPPORT OF CLAIM CONSTRUCTION BRIEF
`1.
`I have been asked to provide technical background and context to
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`claim construction issues related to U.S. Patent No. 8,799,468 (‘468 Patent) and
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`U.S. Patent No. 9,465,925 (‘925 Patent) and the claimed “service provider
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`network” (SPN), and associated communications over the SPN. In particular, I
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`have been asked to discuss this in relation to what role, if any, a person of ordinary
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`skill in the art (POSA) would understand the Internet is required to play in the
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`asserted claims.
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`1.
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`BACKGROUND AND QUALIFICATIONS
`2.
`In formulating my opinions, I have relied on my knowledge, training,
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`and experience in the relevant field, which I will summarize briefly. Further detail
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`can be found in my Curriculum Vitae, which is attached as Attachment A to this
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`declaration.
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`3. My areas of expertise include broadband content distribution networks
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`and communication infrastructures (Internet, broadcast, cable, satellite, and
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`wireless mediums) including one-way and two-way interactive architectures,
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`computer networks, communications-systems technologies and equipment, various
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`content and information distribution and merchandising channels, digital
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`television, digital cinema, interactive media/multimedia systems, Internet
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`technologies (including but not limited to delivering content via the Internet,
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`DISH, Exh. 1030, p. 0003
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 4 of 58
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`communications standards and protocols), digital-rights management, physical
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`media and file-based and streaming content delivery, and other areas of expertise
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`relevant to the technologies of this matter.
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`4.
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`I have a bachelor’s degree and a master’s degree in electrical
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`engineering from the University of Arizona in 1974 and San Diego State
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`University in 1979, respectively. I also completed the Executive Program for
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`Scientists and Engineers at the University of California at San Diego in 1984. I am
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`a named inventor on two patents: U.S. Patent No. 4,531,020 entitled “Multi-layer
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`Encryption System for the Broadcast of Encrypted Information” and U.S. Patent
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`No. 5,113,440 entitled “Universal Decoder.”
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`5.
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`I am currently the President of Entropy Management Solutions, a
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`position I have held since I founded the company in 1999. In this capacity, I
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`perform consulting services related to technology and business development,
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`content management, distribution and merchandizing, systems engineering, and
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`product design in the areas of industrial and consumer broadband and multimedia
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`technologies and associated commercial systems.
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`6.
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`I have over forty years of experience working with high-technology
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`systems related to military, commercial, and consumer communication systems
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`and networks. I have held various design, leadership, and executive positions in,
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`for example, engineering, operations, sales and marketing, and product
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`DISH, Exh. 1030, p. 0004
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 5 of 58
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`management at leading companies in those fields, such as TV/COM International,
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`Inc. and Oak Communications, Inc. Over a period of many years, I have published
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`and presented articles and papers related to content/information creation,
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`transmission/distribution, and reception/consumption in various media sectors
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`including cable, satellite, broadcast/wireless, Internet, and digital cinema.
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`7.
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`I specialize in the areas of analog and digital communications and
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`signal processing as applied in content delivery systems including the associated
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`network command and control. In this context, “command and control” (C&C)
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`refers to the technical oversight and management of communication systems and
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`equipment within a distribution network to direct the equipment as to its set-up and
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`operation in order to perform required functions. In the types of networks
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`discussed in the asserted patents, command and control typically operates in the
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`background (i.e., invisible to consumers) to enable the system or network operator
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`to manage access to the network and provide delivery of content to a consumer
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`appliance (referred to as a gateway unit or network element in the ‘468 and ‘925
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`Patent claims respectively) if authorized, according to C&C instructions generated
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`by a controller node. With respect to being authorized, “rights management” refers
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`to control over the delivery and consumption of content (programming, movies,
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`data files, etc.) according to defined rules on behalf of the network operator and/or
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`content-rights owner. As today’s electronic delivery processes have become more
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`DISH, Exh. 1030, p. 0005
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 6 of 58
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`digitally enabled, the term “Digital Rights Management” (or DRM) has been
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`adopted to refer to these processes.
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`8.
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`In most instances the implementation of content distribution channels
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`over, for example, satellite, cable or Internet networks, and the associated
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`command and control and DRM solutions, involve the use of what are referred to
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`as “in-band” and “out-of-band” communications channels for content and C&C
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`messaging. This terminology typically refers to a main content distribution path or
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`channel (referred to as an in-band channel) and one or more external or non-main
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`paths (referred to as out-of-band channel(s)) used for a variety of other
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`communications functions depending upon the application. These concepts are
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`particularly relevant here because the patents at issue relate to networks that may
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`include two-way C&C functionality between consumer appliances and a
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`centralized control location (referred to as a controller node in the asserted claims)
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`such as a satellite uplink or cable head-end. My personal experience with such
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`information distribution architectures for television and data communication
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`systems and networks dates back to 1980, and my familiarity with the types of
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`equipment and applications implementing such technologies dates back to the early
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`1970s.
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`9.
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`Further, my background includes much experience with interactive
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`television systems as well as client-server technologies such as those used in
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`DISH, Exh. 1030, p. 0006
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 7 of 58
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`computer systems and Internet-focused networks. This includes having technical
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`oversight and management of the systems engineering and the development of
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`equipment for distribution systems having transmission equipment (e.g., network
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`infrastructures such as cable head-ends, cable plant and satellite uplinks) and
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`receiving equipment (e.g., personal computers, televisions, set-top boxes,
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`handset/mobile devices, or other consumer appliances). In addition to the research
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`and development aspects, I have also been involved in the installation, customer
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`training, maintenance, and operations of such systems and components. This is
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`important because the technologies and particular claims I have been asked to
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`address are directed to interactive networks and applications in the form of
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`consumer interaction with an appliance to obtain access to the network in order to
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`receive requested content from the network.
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`10. As Vice President at Oak Communications (1980s) and Chief
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`Technology Officer at TV/COM (1990s), I was involved in the development of
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`terrestrial broadcast, satellite uplink, and cable head-end industrial equipment for
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`television transmissions, as well as consumer appliance equipment such as STBs
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`and other home-based or home-networked devices. All of these architectures
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`included computer control systems for network and associated network-device
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`command and control and for management of content distribution and consumer
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`appliance functions. For example, these systems were all addressable.
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`DISH, Exh. 1030, p. 0007
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 8 of 58
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`“Addressability” enables the system or network operator to regulate device access
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`to the network, and control the delivery of content and network services. This
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`includes network sourcing and receiving devices (e.g., servers and transmission
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`equipment and PCs or STB receivers), and the user experience via, for example,
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`electronic/interactive program guides (EPG/IPG). Example applications include
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`delivery of software or data files, control of available subscription services and
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`content delivery, and providing “a la carte” functions such as pay-per-view (PPV)
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`and video-on-demand (VOD).
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`11. While at Oak Communications I led development projects that
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`supported interactive television. Our “Cable Sigma” cable STB was two-way
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`capable and could provide either store-and-forward or real-time interaction with
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`the cable head-end via a telephone return channel or radio frequency (RF)
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`upstream channel over the cable. Example services we supported include
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`subscription changes (upgrade/downgrade), advanced purchase or real-
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`time/impulse pay-per-view, home shopping, and polling. The system could also
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`technically support video-on-demand though cable head-end servers were not yet
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`cost effectively available.
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`12.
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`I have been involved with the development and evolution of modern
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`consumer digital audio and video communications systems and technologies. In
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`1980, Oak Communications was developing and demonstrating high fidelity digital
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`DISH, Exh. 1030, p. 0008
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 9 of 58
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`audio transmission systems for broadcast applications. This research was applied
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`to broadcast, cable, and satellite transmission systems, and Oak became the first
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`company to implement digital audio for consumer television delivery applications.
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`In 1991, my employer, TV/COM, and I began to participate in the newly formed
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`International Organization for Standardization (ISO) MPEG-2 digital television
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`standards initiatives, and in the following year, both the European Digital Video
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`Broadcast (DVB) and U.S. Advanced Television Systems Committee (ATSC)
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`forums (which were based upon MPEG-2). I was an active participant and
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`contributor to the first two standard-setting bodies, and was a voting member of the
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`ATSC. As Chief Technology Officer of TV/COM, I developed a business strategy
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`based on supporting open international standards for digital television (DTV).
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`13.
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`In the mid-1990s, as the technologies and standards in support of
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`DTV moved towards implementation, the dawn of the Internet age arrived. This
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`had a dramatic impact on the way broadband systems engineers like me began to
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`plan for the future. This was because the concept of convergence—the melding of
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`traditional broadband communications systems and equipment, computers and
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`computer networks, and the telecommunications worlds—was changing the
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`communications infrastructure and technology landscape. When television
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`distribution went all-digital, the information of television became simply “data.” It
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`became possible for the technologies of digital television, computers, computer
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`DISH, Exh. 1030, p. 0009
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 10 of 58
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`networks, and the telephony industry (which was in the midst of its transition to
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`digital infrastructure that began in the 1970s) to coalesce. Support for on-line and
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`Internet services demanded a high performance two-way data transmission
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`capability, and so broadband network providers began to upgrade their distribution
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`infrastructures accordingly.
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`14.
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`In conjunction with this convergence, as TV/COM’s Chief
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`Technology Officer, I directed the expansion of our network products into
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`broadband data communications generally from its initial focus on digital
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`television. Networks became more advanced in order to support real-time
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`interaction between consumers and information sources within the network.
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`Interactive and on-line applications led to rapid adoption of client-server
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`information-access approaches (typical of the computer industry) in the products
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`and technologies I worked with for content delivery and network command and
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`control functions. By the mid-1990s, the ubiquitous set-top box began to evolve
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`from a minimalist appliance toward its current status as a communications hub of
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`the consumer’s media room. In this same time period, the PC also became a
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`ubiquitous consumer appliance and with the Internet age came much innovation in
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`electronic-information distribution and electronic merchandising (i.e., art related to
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`complementing physical information media and brick-and-mortar institutions with
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`all-electronic digital alternatives). This was an explosive period of DRM art,
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`DISH, Exh. 1030, p. 0010
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 11 of 58
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`among other things. TV/COM and I were part of this evolution until TV/COM
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`was purchased in 1999.
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`15.
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`In my consulting I have continued to work with technologies and
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`network infrastructures for content distribution and management. My current work
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`involves both traditional and newly developing architectures and distribution
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`channels. As an example of the latter, I am the chief security systems architect on
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`behalf of the six major Hollywood studios for their Digital Cinema Initiatives
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`(DCI) consortium. DCI develops and evolves the requirements and specifications
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`for transitioning first-run theatrical movie releases from film to digital files for
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`distribution and exhibition display. I am responsible for all elements of command
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`and control and information security for the digital cinema system design and
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`implementation. I also represent DCI at the Society of Motion Picture and
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`Television Engineers (SMPTE), which is developing the set of internationally
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`recognized standards for global adoption of digital cinema. In this capacity, I am a
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`contributing member to SMPTE and have chaired several digital cinema
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`technology groups and authored or co-authored more than half a dozen SMPTE
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`standards. In addition to theatrical release, the migration to all-digital distribution
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`impacts other content distribution channels and release windows for hospitality,
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`airplane, and cable/satellite pay-per-view and video-on-demand, as well as newer
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`so called “over-the-top” (OTT) distribution channels based on Internet distribution.
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`DISH, Exh. 1030, p. 0011
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 12 of 58
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`16. My consulting practice today includes a balance of technology and
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`systems-engineering services and assistance to the legal community as a
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`technology consultant and expert witness. I have been accepted to provide, and
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`have provided, expert testimony in the areas of content distribution and access
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`control involving many different kinds of multimedia technologies and the
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`associated networks as used for content management and delivery on many
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`occasions.
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`2. MATERIALS CONSIDERED
`17.
`I have reviewed the following documents, among others, in
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`connection with my analysis of the ’468 and ‘925 Patents:
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`(cid:120)
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`(cid:120)
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`The ‘468 and ‘925 Patents and claims,
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`The prosecution histories of the ‘468 and ‘925 Patents and U.S. Patent
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`No. 8,122,128 – the parent patent,
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`(cid:120)
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`(cid:120)
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`(cid:120)
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`(cid:120)
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`Claim constructions proffered by the parties,
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`Plaintiff’s original complaint for patent infringement,
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`Plaintiff’s ‘468 and ‘925 initial infringement charts, and
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`DISH’s motion to dismiss under Section 101 and the accompanying
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`briefs submitted by the parties.
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`18.
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`In addition, my opinions are based on my years of experience in the
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`field of managed content delivery in multimedia systems and associated broadband
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`DISH, Exh. 1030, p. 0012
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 13 of 58
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`networks and equipment.
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`3. ORDINARY SKILL IN THE ART
`19.
`I understand that the factors considered in determining the ordinary
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`level of skill in the art include the level of education and experience of persons
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`working in the field, the types of problems encountered in the field, and the
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`sophistication of the technology. Based on my analysis of the asserted patents and
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`the prior art references, a person of ordinary skill in the art as of the November
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`2003 priority date would have a Bachelor’s Degree in Electrical Engineering,
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`Computer Engineering, Computer Science or a similar technology degree and at
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`least two years of relevant industry experience, including Internet networking
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`architectures, digital programming delivery in broadcast, cable or satellite
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`television networks, and associated set top boxes.
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`20.
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`I note that I was a person of ordinary skill in the art at the time of the
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`alleged invention.
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`4.
`CABLE TELEVISION AND SET-TOP BOX OVERVIEW
`21. For context, it’s helpful to review two-way broadband network
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`architectures such as those used in cable television networks, and associated
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`consumer appliances such as set-top boxes (STB). The two-way aspect is
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`important because the asserted claims may include two-way communications
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`between the controller node and gateway units. As I will further describe, in this
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`DISH, Exh. 1030, p. 0013
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 14 of 58
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`contextual model a cable head-end functions as a controller node and a cable set-
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`top box functions as a gateway unit.1
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`22.
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`In the mid-1970s, the so-called pay TV business began with the
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`offering of different categories of television programming services typically
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`referred to as basic channels (free-to-air channels such as ABC, NBC, CBS, etc.)
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`and premium or pay channels. Premium channel networks such as Home Box
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`Office and Showtime were offered by cable television operators and provided
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`subscription-based programming as well as special events for an extra fee. Such
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`services required distinguishing between access to premium content and basic
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`programming, and being able to control access accordingly. This led to the
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`development of various scrambling techniques that limited access to premium
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`content to the appropriately authorized subscribers. By the late 1970s this type of
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`television signal distribution resulted in rapid growth of cable TV systems and
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`created a market for set-top boxes (STBs).
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`23. The early set-top boxes were hardwired, or pre-set, to provide access
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`to basic channels and specifically selected pay or premium channels. The
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`1 The asserted patents distinguish between gateway units (also called
`communications gateways) and subscriber terminals. However it is disclosed that
`said gateways may be provided as “a converged set top-plus-internet gateway.”
`(6:54-60) Additionally, to the extent the ’925 patent’s network element functions
`are judged to include similar functionality, such functions may also be considered
`those of a STB.
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`DISH, Exh. 1030, p. 0014
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 15 of 58
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`hardwired approach was suboptimal because hardwired systems were unable to
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`remotely change a subscriber’s subscription service selections. This led to the
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`development of “addressable converters,” which were remotely programmable
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`STBs that could be controlled from the cable head-end to support varied
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`subscription packages and PPV (a la carte) programming. Addressable systems
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`used (and still use) one or more command and control (C&C) data channels to
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`deliver commands/instructions from the cable head-end to the STB to control the
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`channels or programs the box descrambles and provides to the consumer’s
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`television. The enabling of STB operation via delivery of C&C data is an
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`important issue in connection with current matters because the presence/use of
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`such C&C data is a component of the asserted patent and claims.
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`a. Digital Cable Television Technologies and Services
`24. The following describes fundamental cable network infrastructure,
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`components, and associated functionalities that are relevant to understanding the
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`network architectures and technologies related to the asserted patents.
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`i. Cable Head-End
`25. The cable head-end (CHE) is the collection point and source of
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`programming content to be distributed over the cable network. Programming
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`content is collected from antennas, satellite receivers, Wide Area Networks
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`(WAN), and other sources. The CHE supports linear (real-time) and on-demand
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`DISH, Exh. 1030, p. 0015
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 16 of 58
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`(stored) programming.
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`26. By definition a cable network is a one-to-many distribution
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`architecture. The CHE distributes content over the cable distribution plant
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`(discussed below) to STBs at consumer premises. The CHE is responsible for all
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`aspects of command and control over the operation of the entire system, including
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`the STBs attached to the network. By definition also, the CHE is remote from the
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`STBs. The asserted patents (and Patent Owner’s arguments in related litigation)
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`make note that the disclosed Internet Control Point (the claimed controller node) is
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`remote from the Communications Gateways (claimed gateway units). This
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`characteristic is of course fundamental to all cable (and satellite) television
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`networks.
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`ii.
`Cable Distribution Plant
`27. The cable plant is the information delivery conduit between the cable
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`head-end and STBs located at consumer premises. The cable plant includes the
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`downstream (outgoing) and upstream (incoming) data/information channels for all
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`services supported on the network. Introduced in some cable systems in the late
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`1970s, by the late 1990s most North American cable systems implemented two-
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`way capability.
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`28. The asserted claims may include this bidirectional communications in
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`order to deliver the claimed controller instructions (downstream) and transmit
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`DISH, Exh. 1030, p. 0016
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 17 of 58
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`content requests (upstream) to the claimed service provider network.
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`iii.
`Addressable Set Top Boxes
`29.
`I have already described the history and evolution of addressable set
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`top boxes (STB), and how they are controlled via command and control (C&C)
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`messaging instructions from the CHE to provide basic subscription services. To
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`implement programming and data reception and transmission functions, all two-
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`way STBs include a channel tuner, and downstream and upstream data receiver
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`and transmitter. In additionally, STBs include a remote control unit (RCU) that
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`serves as the user interface. Because most STB functionality does not include a
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`display, it is typical for a STB to be connected to the consumer’s television.
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`iv.
`Interactive Television Services
`“Interactive television” generally refers to a consumer interacting with
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`30.
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`either a set-top box (STB) locally, or with a computer at the cable head-end (CHE).
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`A video-on-demand (VOD) service is an example of an interactive television
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`application as follows: A viewer using a remote control unit (RCU) could scan
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`through the information of an electronic program guide (EPG) via the interaction
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`between the viewer/remote control unit and the EPG resident on the set-top box.
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`When the user selected a movie to watch, the request process expanded to include
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`interaction with the cable head-end (via the set-top box) where the movie was
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`stored, and the servers arranged to respond to deliver the requested movie. The
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`DISH, Exh. 1030, p. 0017
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`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 18 of 58
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`asserted independent claims follow this same model, adding particular
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`requirements for access to the service provider network to enable the two-way
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`communications between the STB and CHE.
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`31. Elements of claims can be mapped to cable television systems that
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`existed at the time of the alleged invention. The ‘468 specification discusses these
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`systems– see e.g., ‘468 patent at 1:36, 2:13, 3:51, 6:57 and 7:16). For example,
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`claim 23 of the ‘468 Patent, requires “generating, by a controller node coupled to
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`the service provider network, controller instructions [and] transmitting the
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`controller instructions, by the controller node, to a plurality of gateway units of the
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`service provider network.” In this claim, a cable television network maps to the
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`service provider network, a cable head-end maps to the controller node and a cable
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`set-top box maps to the claimed gateway unit. The cable head-end issues
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`instructions that control (regulate) the STB’s access to the network for purposes of
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`making on-demand content requests to the network (and received by the CHE) in
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`order to receive (transfer) the content. Thus, the claims are directed to a then-
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`existing distribution system where the network is controlled by a (cable television)
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`service provider.
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`32. The term “node” is used in both the claims and specification. In the
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`specifications the word is used to refer to one of a controller node or an access
`
`node, which are disclosed in terms of devices having various functions.
`
`DISH, Exh. 1030, p. 0018
`
`
`
`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 19 of 58
`
`Independent claim 23 of the ‘468 patent, however, claims a “controller node” and
`
`“gateway units,” while the associated dependent claims 25, 26 and 27 claim
`
`“gateway nodes.” The Microsoft Press Computer Dictionary 2 includes the
`
`following definition for node: “1. A junction of some type. 2. In local area
`
`networks, a device that is connected to the network and is capable of
`
`communicating with other network devices.” The second definition captures what
`
`a person of ordinary skill in the art would understand was meant by “node” at the
`
`time of the alleged invention. In particular, a “node” would be a single device that
`
`is connected to a network, rather than a collection of devices. It is therefore my
`
`opinion that a POSA would have understood that in the asserted claims a node is a
`
`single device that performs functions ascribed to it.
`
`v.
`Case Study: The Time Warner Cable Pegasus System
`33. The features, components and interactive communications aspects of
`
`the asserted claims were in fact standard practice for supporting VOD in a cable
`
`system prior to 2003.
`
`34. Two papers from the 1997 National Cable Television Association
`
`convention provide a good overview of the cable network architectures and state of
`
`technologies within the North American cable industry by the second-half of the
`
`1990s. Since the late 1970s the National Cable Television Association (NCTA)
`
`
`2 Third Edition, © 1997
`
`DISH, Exh. 1030, p. 0019
`
`
`
`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 20 of 58
`
`has held annual conventions which included technical sessions with the
`
`proceedings published in the form of Technical Papers.
`
`35. A paper entitled “Pegasus Network Architecture” by Michael Adams
`
`described the architecture of their digital video delivery system and also discussed
`
`“leaning’s about interactive network system design from the Orlando Full Service
`
`Network ….” Adams at 40 (Ex. A). Mr. Adams was a Senior Project Engineer at
`
`Time Warner Cable at the time of the papers publication The paper explained that
`
`integrated service delivery “is achieved by integrating broadcast and interactive
`
`services into a single network architecture. The same mechanisms used to deliver
`
`digital broadcast services will be used to provide advanced services like video-on-
`
`demand and home shopping.” Adams at 40. The paper also stated that “[t]he
`
`Pegasus Network Architecture supports a client/server architecture by providing
`
`realtime, two-way data communication between the client and the server.” Adams
`
`at 41. The paper explained: “The Pegasus network architecture defines three
`
`digital communication channels in addition to the conventional analog broadcast
`
`channel. These are: the Forward Application Transport (FAT) Channel, the
`
`Forward Data Channel (FDC), the Reverse Data Channel (RDC).” Adams at 42.
`
`It also included a figure illustrating the composition of the two-way
`
`communications channels:
`
`DISH, Exh. 1030, p. 0020
`
`
`
`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 21 of 58
`
`
`
`Adams at 42, Fig. 1.
`
`36. A second paper from the 1997 National Cable Television Association
`
`convention entitled “Pegasus Set-top Terminal” discussed various features of the
`
`Pegasus STB and its use in an interactive cable network. Brown at 24 (Ex. B).
`
`The paper explained that “[t]he initial Phase 1.0 implementation provides analog
`
`and digital broadcast services, including Impulse Pay-Per-View, Interactive
`
`Program Guide, and Digital Music Service” while “Phase 2.0 represents the
`
`deployment of streaming video services, such as Video-on-Demand.” Brown at 24
`
`(“Between Phases 1.0 and 2.0 is a continuum of applications that rely on
`
`connectionless IP based communications, such as Internet TV, Interactive
`
`Shopping, Interactive Games, etc.”). The paper also discussed the two-way
`
`communications channels supported by the set-top box. For instance, the paper
`
`explained that “[t]he Forward Data Channel delivers IP messages to the Pegasus
`
`set-top terminal” and that “[t]he FDC is used to transmit commands and IP
`
`DISH, Exh. 1030, p. 0021
`
`
`
`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 22 of 58
`
`Messages.” Brown at 26. “The Reverse Data Channel transmits IP messages from
`
`the Pegasus set-top terminal.” Brown at 26. Since the Pegasus set-top terminal
`
`integrates real-time, two-way communications, interactive applications will be
`
`supported without hardware modification in subsequent Phases. Brown at 30.
`
`Figure 1 from the paper provides a block diagram the Pegasus set-top terminal:
`
`
`
`Brown at 25, Fig. 1.
`
`37. While this declaration is not directed to a validity analysis, as these
`
`technical papers confirm, and as I know from my own experience, there is nothing
`
`within the asserted claims that was not already found in standard cable systems and
`
`STBs that supported VOD functionality leading up to November of 2003.
`
`5. CONCLUSION
`38.
`In my opinion the functionality and roles of the main components of
`
`cable systems as I have described them were capable of satisfying the
`
`communication requirements of the asserted claims at, or before, the time of the
`
`DISH, Exh. 1030, p. 0022
`
`
`
`Case 6:18-cv-00207-ADA Document 48-6 Filed 03/15/19 Page 23 of 58
`
`alleged invention of the asserted patents. In particular, the cable distribution plant
`
`singularly meets the requirements for the claimed service provider network and
`
`corresponding communications within it. Said another way, each and every
`
`claimed action required of the service provider network can be supported by a
`
`standard two-way capable cable distribution plant working in conjunction with the
`
`cable head-end and the normal plurality of STBs.
`
`39.
`
`In this regard, I understand the claim phrase “selectively transmit[ting,
`
`by the plurality of gateway units,] the content requests to the service provider
`
`network in accordance with the controller instructions” and the party’s proffered
`
`constructions is of particular focus. It is my opinion that a standard two-way
`
`capable cable distribution plant working in conjunction with the cable head-end
`
`and the normal plurality of STBs can enable operational functionality
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