UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
`
`v.
`
`UNILOC 2017 LLC
`Patent Owner
`
`____________________
`
`Patent No. 6,836,654
`____________________
`
`DECLARATION OF DR. ZYGMUNT J. HAAS
`
`Page 1 of 166
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`SAMSUNG EXHIBIT 1002
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`

`

`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`TABLE OF CONTENTS
`
`INTRODUCTION ........................................................................................... 1
`I.
`II. QUALIFICATIONS ........................................................................................ 2
`III. SUMMARY OF OPINIONS ........................................................................... 7
`IV. PERSON OF ORDINARY SKILL IN THE ART .......................................... 9
`V. OVERVIEW OF THE ’654 PATENT ..........................................................10
`VI. CLAIM CONSTRUCTION ..........................................................................16
`VII. OVERVIEW OF THE PRIOR ART .............................................................19
`A.
`Nokia – Ex. 1004 – Owner’s Manual for the Nokia 9000i
`Communicator, Issue 1.1 .....................................................................19
`Alos – Ex. 1005 – U.S. Patent Publication US2002/0147028 ............22
`B.
`Kemppi – Ex. 1006 – U.S. Patent No. 4,868,846 ................................25
`C.
`D. Matsukida – Ex. 1021– Japanese Patent Application Publication
`No. JP H6-216841 ...............................................................................26
`E. Miller – Ex. 1022 – U.S. Patent No. 6,141,563 ..................................28
`VIII. THE PRIOR ART DISCLOSES THE CHALLENGED CLAIMS OF
`THE ’654 PATENT .......................................................................................31
`A.
`The Combination of Nokia and Alos Discloses Claims 1-4 and
`7-9 ........................................................................................................31
`1.
`Claim 1 ......................................................................................31
`a)
`[1pre] “A mobile radiotelephony device,
`comprising:” ...................................................................31
`[1a] “blocking means for preventing a normal
`operation of the mobile radiotelephony device,
`wherein the normal operation includes a
`processing of outgoing calls;” ........................................36
`
`b)
`
`i
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`c)
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`(1)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`[1b] “timing means for activating the blocking
`means in response to the mobile radiotelephony
`device being inactive during the normal operation
`of the mobile radiotelephony device for a defined
`period of time subsequent to a mounting of a
`linked user identification module inside the mobile
`radiotelephony device;” ..................................................40
`“timing means for activating the blocking means in
`response to the mobile radiotelephony device
`being inactive during the normal operation of the
`mobile radiotelephony device for a defined period
`of time…” .......................................................................40
`“subsequent to a mounting of a linked user
`identification module inside the mobile
`radiotelephony device;” ..................................................43
`[1c] “deblocking means for permitting the normal
`operation of the mobile radiotelephony device in
`response to a supply of a deblocking code to the
`mobile radiotelephony device subsequent to the
`mounting of the linked user identification module
`inside the mobile radiotelephony device and
`subsequent to the defined period of time.” .....................52
`Claim 2 ......................................................................................57
`a)
`“The mobile radiotelephony device of claim 1,
`wherein an activation of the blocking means
`prevents all transmission of outgoing calls.” ..................57
`Claim 3 ......................................................................................60
`a)
`“The mobile radiotelephony device of claim 1,
`wherein an activation of the blocking means
`prevents all transmissions of non-emergency
`outgoing calls and permits all transmissions of
`emergency outgoing calls.” ............................................60
`Claim 7 ......................................................................................63
`
`(2)
`
`d)
`
`2.
`
`3.
`
`4.
`
`
`
`
`
`ii
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`a)
`
`5.
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`6.
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`“The mobile radiotelephony device of claim 1,
`wherein an international identification number
`stored on the linked user identification module is
`stored on the mobile radiotelephony device as data
`corresponding to a link between the mobile
`radiotelephony device and the linked user
`identification module.” ...................................................63
`Claim 8 ......................................................................................67
`a)
`“The mobile radiotelephony device of claim 1,
`wherein a personal identification number stored on
`the linked user identification module is stored as
`the deblocking code on the mobile radiotelephony
`device.” ...........................................................................67
`Claim 9 ......................................................................................74
`a)
`[9pre] “The mobile radiotelephony device of claim
`1, further comprising:” ...................................................74
`[9a] “test means for activating the blocking means
`when any unlinked user identification module is
`mounted inside the mobile radiotelephony device.” ......74
`The Combination of Nokia, Alos, and Kemppi Discloses Claims
`4-6 ........................................................................................................79
`1.
`Claim 4 ......................................................................................79
`a)
`[4pre] “The mobile radiotelephony device of claim
`1, further comprising:” ...................................................79
`[4a] “locking means for facilitating an activation
`of the block means by the timing means.” .....................79
`(1)
`Interpretation 1: “Locking Means” Relates
`to “Timing Means” ...............................................80
`Interpretation 2: “Locking Means” Relates
`to a SIM Lock Feature ..........................................80
`
`b)
`
`b)
`
`(2)
`
`B.
`
`
`
`
`
`iii
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`2.
`
`3.
`
`b)
`
`b)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`Claim 5 ......................................................................................86
`a)
`[5pre] “The mobile radiotelephony device of claim
`1, further comprising:” ...................................................86
`[5a] “connecting means for establishing a link
`between the mobile radiotelephony device and the
`linked user identification module.” ................................86
`Claim 6 ......................................................................................90
`a)
`[6pre] “The mobile radiotelephony device of claim
`5, further comprising:” ...................................................90
`[6a] “locking means for facilitating an
`establishment of the link between the mobile
`radiotelephony device and the linked user
`identification module by the connection means.” ..........90
`The Combination of Matsukida and Alos Discloses Claims 1-2
`and 7-9 .................................................................................................94
`1.
`Claim 1 ......................................................................................94
`a)
`[1pre] “A mobile radiotelephony device,
`comprising:” ...................................................................94
`[1a] “blocking means for preventing a normal
`operation of the mobile radiotelephony device,
`wherein the normal operation includes a
`processing of outgoing calls;” ........................................95
`[1b] “timing means for activating the blocking
`means in response to the mobile radiotelephony
`device being inactive during the normal operation
`of the mobile radiotelephony device for a defined
`period of time subsequent to a mounting of a
`linked user identification module inside the mobile
`radiotelephony device;” ..................................................98
`“timing means for activating the blocking means in
`response to the mobile radiotelephony device
`
`C.
`
`b)
`
`c)
`
`(1)
`
`
`
`
`
`iv
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`d)
`
`(2)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`being inactive during the normal operation of the
`mobile radiotelephony device for a defined period
`of time …” ......................................................................98
`“subsequent to a mounting of a linked user
`identification module inside the mobile
`radiotelephony device;” ................................................105
`[1c] “deblocking means for permitting the normal
`operation of the mobile radiotelephony device in
`response to a supply of a deblocking code to the
`mobile radiotelephony device subsequent to the
`mounting of the linked user identification module
`inside the mobile radiotelephony device and
`subsequent to the defined period of time.” ...................116
`Claim 2 ....................................................................................121
`a)
`“The mobile radiotelephony device of claim 1,
`wherein an activation of the blocking means
`prevents all transmission of outgoing calls.” ................121
`Claim 7 ....................................................................................124
`a)
`“The mobile radiotelephony device of claim 1,
`wherein an international identification number
`stored on the linked user identification module is
`stored on the mobile radiotelephony device as data
`corresponding to a link between the mobile
`radiotelephony device and the linked user
`identification module.” .................................................124
`Claim 8 ....................................................................................128
`a)
`“The mobile radiotelephony device of claim 1,
`wherein a personal identification number stored on
`the linked user identification module is stored as
`the deblocking code on the mobile radiotelephony
`device.” .........................................................................128
`Claim 9 ....................................................................................135
`
`2.
`
`3.
`
`4.
`
`5.
`
`
`
`
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`v
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`a)
`
`b)
`
`b)
`
`(2)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`[9pre] “The mobile radiotelephony device of claim
`1, further comprising:” .................................................135
`[9a] “test means for activating the blocking means
`when any unlinked user identification module is
`mounted inside the mobile radiotelephony device.” ....135
`The Combination of Matsukida, Alos, and Kemppi Discloses
`Claims 4-6 .........................................................................................140
`1.
`Claim 4 ....................................................................................140
`a)
`[4pre] “The mobile radiotelephony device of claim
`1, further comprising:” .................................................140
`[4a] “locking means for facilitating an activation
`of the block means by the timing means.” ...................140
`(1)
`Interpretation 1: “Locking Means” Relates
`to “Timing Means” .............................................141
`Interpretation 2: “Locking Means” Relates
`to a SIM Lock Feature ........................................141
`Claim 5 ....................................................................................146
`a)
`[5pre] “The mobile radiotelephony device of claim
`1, further comprising:” .................................................146
`[5a] “connecting means for establishing a link
`between the mobile radiotelephony device and the
`linked user identification module.” ..............................146
`Claim 6 ....................................................................................150
`a)
`[6pre] “The mobile radiotelephony device of claim
`5, further comprising:” .................................................150
`[6a] “locking means for facilitating an
`establishment of the link between the mobile
`radiotelephony device and the linked user
`identification module by the connection means.” ........150
`
`D.
`
`2.
`
`3.
`
`b)
`
`b)
`
`
`
`
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`vi
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`E.
`
`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`The Combination of Matsukida, Alos, and Miller Discloses
`Claim 3 ..............................................................................................154
`1.
`Claim 3 ....................................................................................154
`a)
`“The mobile radiotelephony device of claim 1,
`wherein an activation of the blocking means
`prevents all transmissions of non-emergency
`outgoing calls and permits all transmissions of
`emergency outgoing calls.” ..........................................154
`IX. CONCLUSION ............................................................................................158
`
`
`
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`
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`vii
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`I, Dr. Zygmunt J. Haas, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained as an independent expert consultant on behalf of
`
`Samsung Electronics America, Inc. (“Petitioner”) in this proceeding before the
`
`United States Patent and Trademark Office (“PTO”) regarding U.S. Patent No.
`
`6,836,654 (“the ’654 patent”) (Ex. 1001). I have been asked to consider whether
`
`certain references disclose or suggest the features recited in claims 1-9 (“challenged
`
`claims”) of the ’654 patent. My opinions are set forth below.
`
`2.
`
`I am being compensated at my rate of $450 per hour for the time I spend
`
`on this matter, in addition to expenses. My compensation in this case is in no way
`
`contingent on the nature of my findings, the presentation of my findings in
`
`testimony, or the outcome of this or any other proceeding. I have no other interest in
`
`this proceeding.
`
`
`
`
`
`1
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`
`II. QUALIFICATIONS
`
`3.
`
`I am a Professor and Distinguished Chair in Computer Science at the
`
`University of Texas in Dallas. I am also Professor Emeritus at the School of
`
`Electrical and Computer Engineering at Cornell University. In addition, I have
`
`provided technical consulting services in intellectual property matters, including
`
`matters involving computer networks and wireless communication technologies.
`
`4.
`
`I received my Bachelor of Science Degree in Electrical Engineering,
`
`summa cum laude, from Technion (IIT), Israel, in 1979, and a Master of Science
`
`Degree in Electrical Engineering, summa cum laude, from Tel-Aviv University,
`
`Israel, in 1985. I subsequently authored the thesis titled “Packet Switching in Fiber-
`
`Optic Networks” as part of earning my Ph.D. in Electrical Engineering from
`
`Stanford University in 1988.
`
`5.
`
`I have worked for about 35 years in the field of Electrical Engineering.
`
`The primary focus of my work has been, in general, on communication and
`
`networking systems, with an emphasis on wireless communication networks. In my
`
`work, among other topics, I have researched network security, in general, and
`
`security of wireless systems and networks, in particular. Specifically, I have written
`
`numerous papers on various approaches to secure wireless communication systems.
`
`I have also taught courses that cover network security and wireless systems security
`
`at the graduate and undergraduate levels.
`
`2
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`As shown in my curriculum vitae, which I understand is marked as
`
`6.
`
`Exhibit 1003, throughout my professional career, I have authored and co-authored
`
`numerous technical papers and book chapters. Many of my papers have been
`
`extensively cited by other authors, as indicated by various citation indices. For
`
`example, my paper on “Securing Ad Hoc Networks,” co-author with a Ph.D. student
`
`at that time, has been cited over 3500 times by other publications according to the
`
`Google Scholar index. Furthermore, I hold twenty patents in the general fields of
`
`high-speed networking, wireless networks, and optical switching, with one
`
`additional patent pending.
`
`7. My employment history following my graduation from Stanford
`
`University began at the Network Research Department of AT&T Bell Laboratories
`
`in 1988. At AT&T Bell Laboratories, I pursued research on wireless
`
`communications, mobility management, fast protocols, optical networks, and optical
`
`switching. Additionally, while at AT&T Bell Labs, I studied schemes applicable to
`
`network security. During my tenure at AT&T, I also worked for the AT&T Wireless
`
`Center of Excellence, where I investigated various aspects of wireless and mobile
`
`networks. As part of my employment at AT&T, I also worked on multimedia
`
`conferencing systems.
`
`8.
`
`Since 1995, I have been a Professor at the School of Electrical &
`
`Computer Engineering at Cornell University. At Cornell, I headed the Wireless
`
`3
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`Networks Lab, which has been a research group with extensive contributions in the
`
`area of wireless communication systems and networks. In 2013, I retired from
`
`Cornell with the title of Emeritus Professor and joined the Computer Science
`
`Department at the University of Texas at Dallas with the title of Professor and
`
`Distinguished Chair in Computer Science. At Cornell and at the University of Texas,
`
`I have taught dozens of courses related to computer networking and wireless
`
`communications. I have also served on various committees for the benefit of the
`
`scientific community.
`
`9.
`
`I am a member of a number of professional societies, including the
`
`Institute of Electrical and Electronic Engineers (IEEE) and the Association for
`
`Computing Machinery (ACM). In 2007, I was elevated to an IEEE Fellow. I have
`
`also been named a Fellow of EAI (European Alliance for Innovation) and a Fellow
`
`of IET (Institution of Engineering and Technology). I have been responsible for
`
`organizing several workshops, and delivering numerous tutorials at major IEEE and
`
`ACM conferences. I have served as editor of several publications including the IEEE
`
`Transactions on Networking, the IEEE Transactions on Wireless Communications,
`
`the IEEE Communications Magazine, the Springer “Wireless Networks” journal, the
`
`Elsevier “Ad Hoc Networks” journal, the “Journal of High Speed Networks,” and
`
`the Wiley “Wireless Communications and Mobile Computing” journal. I have also
`
`been a guest editor of IEEE Journal on Selected Areas in Communications issues on
`
`4
`
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`“Gigabit Networks,” “Mobile Computing Networks,” and “Ad-Hoc Networks.”
`
`Finally, I have served as the Chair of the IEEE Technical Committee on Personal
`
`Communications (TCPC), now known as the IEEE Wireless Communications
`
`Technical Committee.
`
`10.
`
`I have received multiple awards in the field of wireless communications
`
`and networks. I am the recipient of the 2016 IEEE ComSoc AHSN Recognition
`
`Award (“for outstanding contributions to securing ad hoc and sensor networks”). In
`
`2012, I received the IEEE ComSoc WTC Recognition Award, which recognizes
`
`individuals for outstanding technical contributions in the field for their service to the
`
`scientific and engineering communities.” Also in 2012, I received the “Best Paper
`
`Award for co-authoring “Collaborating with Correlation for Energy Efficient WSN”
`
`directed at Wireless Sensor Networking. I previously received the “Best Paper
`
`Award” for coauthoring “Optimal Resource Allocation for UWB Wireless Ad Hoc
`
`Networks” directed at personal indoor and mobile radio communications. Finally, in
`
`2003, I received the “Highly Commended Paper Award” for co-authoring
`
`“Performance Evaluation of the Modified IEEE 802.11 MAC for Multi-Channel
`
`Multi-Hop Ad Hoc Network,” directed at advanced information networking and
`
`applications.
`
`11.
`
`I understand a copy of my curriculum vitae is marked as Exhibit 1003
`
`and provides additional information regarding my education, technical experience,
`
`5
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`
`and publications.
`
`
`
`
`
`6
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`III. SUMMARY OF OPINIONS
`
`12. The opinions contained in this declaration are based on the documents
`
`I reviewed, my professional judgment, as well as my education, experience, and
`
`knowledge regarding technologies related to the ’654 patent, including mobile
`
`device security.
`
`13.
`
`In forming my opinions expressed in this declaration, I reviewed:
`
`a)
`
`b)
`
`The ’654 patent (Ex. 1001);
`
`Owner’s Manual for the Nokia 9000i Communicator, Issue 1.1
`
`(“Nokia”) (Ex. 1004);
`
`c)
`
`U.S. Patent Publication No. US2002/0147028 (“Alos”) (Ex.
`
`d)
`
`e)
`
`f)
`
`g)
`
`h)
`
`i)
`
`j)
`
`1005);
`
`U.S. Patent No. 4,868,846 (“Kemppi”) (Ex. 1006);
`
`U.S. Patent No. 5,913,175 (“Pinault”) (Ex. 1007);
`
`French Patent Application No. 9916136 (Ex. 1020);
`
`Japanese Patent Application Publication No. JP H6-216841
`
`(“Matsukida”) (Ex. 1021);
`
`U.S. Patent No. 6,141,563 (“Miller”) (Ex. 1022);
`
`U.S. Patent No. 5,864,757 (“Parker”) (Ex. 1023);
`
`The file history of U.S. Patent Application No. 09/739,507,
`
`which issued as U.S. Patent No. 6,836,654 (Ex. 1025);
`
`7
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`An alternative version of Nokia, which I have been informed by
`
`k)
`
`counsel to have been submitted as Exhibit 1030 in another PTAB
`
`proceeding: Research In Motion Corp. v. MobileMedia Ideas
`
`LLC, IPR2013-00036 (P.T.A.B.) (Ex. 1026); and
`
`l)
`
`Any other materials that I refer to in this declaration in support
`
`of my opinions.
`
`14.
`
`I have been asked to consider the time of the alleged invention to be the
`
`late 1999 time frame, including December 21, 1999, the foreign application priority
`
`filing date of U.S. Patent Application No. 09/739,507. My opinions reflect how a
`
`person of ordinary skill in the art would have understood the claims and the
`
`specification of the ’654 patent, the prior art to the patent, and the state of the art at
`
`the time of the alleged invention.
`
`15. As I discuss in detail below, it is my opinion that certain prior art
`
`references disclose or suggest all the features recited in the challenged claims of the
`
`’654 patent.
`
`
`
`8
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`IV. PERSON OF ORDINARY SKILL IN THE ART
`
`16. Based on my review of the ’654 patent, at the time of the alleged
`
`invention, the types of problems encountered in the art, prior solutions to those
`
`problems, the rapidity with which innovations were made during the relevant time
`
`period, the sophistication of the technology, and the educational level of active
`
`professionals in the field, I believe that a person of ordinary skill in the art at the
`
`time of the alleged invention, which as stated above I was asked to assume is the late
`
`1999 time frame, would have had at least a Bachelor’s degree in computer science,
`
`computer engineering, electrical engineering, or an equivalent field, and at least two
`
`years of work experience in the relevant field, e.g., security of mobile devices. More
`
`education could have substituted for practical experience and vice versa.
`
`17. All of my opinions in this declaration are from the perspective of a
`
`person of ordinary skill in the art, as I have defined it above and during the relevant
`
`time frame, i.e., late 1999. During this time frame, I possessed at least the
`
`qualifications of a person of ordinary skill in the art, as defined above.
`
`
`
`
`
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`V. OVERVIEW OF THE ’654 PATENT
`
`18. U.S. Patent Number 6,836,654 (“the ’654 patent”) is directed to “Anti-
`
`Theft Protection for a Radiotelephony device. (Ex. 1001 (’654 patent), Title.) The
`
`total disclosure of the patent is six pages, inclusive of figures. The patent explains
`
`that the invention is “relate[d] to a mobile radiotelephony device intended for
`
`accommodating a user identification module, where the device has an established
`
`link to an identification module to thereby prevent a normal operation of the device
`
`when an identification module other than the linked identification module is
`
`mounted inside the device.” (Ex. 1001 (’654 patent), 1:6-11.) In particular, the ’654
`
`patent notes that the invention is applicable to “the field of portable radiotelephony,”
`
`which a person of ordinary skill in the art at the relevant time would have understood
`
`to be mobile devices (e.g., cellular phones). (Ex. 1001 (’654 patent), 1:15-16.)
`
`19. The ’654 patent highlights that such mobile devices were frequently
`
`lost or stolen and a lost/stolen device “can be freely used until the identification
`
`module to which it is linked is blocked via the network.” (Ex. 1001 (’654 patent),
`
`1:18-37.) According to the ’654 patent, preventing such unauthorized usage in order
`
`to resolve this problem is an “object of the invention.” (Ex. 1001 (’654 patent), 1:40-
`
`41.) The ’654 patent purports to solve this problem by preventing unauthorized
`
`usage (processing outgoing calls) either when an unlinked user identification module
`
`(which a person of skill in the art would have understood to correlate to a Subscriber
`
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`Identification Module card, or SIM card) is inserted into the mobile device or after
`
`a “period of inactivity,” even when the correct linked identification module is
`
`inserted. (Ex. 1001 (’654 patent), 1:41-59.) The ’654 patent explains that this
`
`method “forms a protection against theft,” because a stolen device with a linked user
`
`identification module cannot be used without a “deblocking code” after the period
`
`of inactivity has passed, and the thief cannot simply swap in an unlinked
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`identification module. (Ex. 1001 (’654 patent), 1:60-65.)
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`20. The ’654 patent teaches that the linking of the identification module to
`
`the mobile device can occur by reading certain data (e.g., an IMSI number, which
`
`was known to be stored on SIM cards, as the ’654 patent appears to recognize by its
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`citation to the “GSM radiotelephony systems”) from the identification module and
`
`storing it on the mobile device. (Ex. 1001 (’654 patent), 1:66-2:10.) Additionally,
`
`the ’654 patent teaches that the deblocking code—which returns the device to the
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`normal operating state in which a user can make outgoing phone calls—can be
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`“[a]dvantageously…formed by the pin code (Personal Identity Number)”—which
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`was also known to be stored on SIM cards, as the ’654 patent also seems to recognize
`
`through its reference to “GSM radiotelephony systems.” (Ex. 1001 (’654 patent),
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`2:11-17.)
`
`21. The ’654 patent includes three figures. (Ex. 1001 (’654 patent), Figs. 1-
`
`3.) Figures 1 and 2 are directed to a “device” and an “electric diagram of the device,”
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`and display generic components which are briefly described at column 2:36-60.
`
`
`
`(Ex. 1001 (’654 patent), Fig. 2; see also id., 2:36-60 (describing generic
`
`components such as “a microphone 5, a loudspeaker 6, a screen 8, a keypad 9 and
`
`an antenna 11,” etc.).)
`
`22. The ’654 patent contains no suggestion that these off-the-shelf
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`components were in any way novel or previously unknown in the art. Indeed, the
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`patent does not even suggest that the combination of the hardware or its particular
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`configuration is in any way unique, unexpected, or produces particularly
`
`advantageous results relating to the ’654 patent’s goals of theft deterrence and
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`unauthorized usage prevention. Instead, the functionality described in the patent (as
`
`opposed to the hardware) is what is alleged to be innovative.
`
`23.
`
`In particular, the bulk of the ’654 patent’s disclosure is directed to the
`
`flow chart of Figure 3, which “explain[s] the operation of the device.” (Ex. 1001
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`(’654 patent), 2:30-31, 2:61-3:63.)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`
`
`
`24.
`
`I discuss the relevant portions of the flow chart illustrated in Figure 3
`
`in detail below as part of my element-by-element analysis of claims 1-9.
`
`25. The ’654 patent includes twenty claims. (Ex. 1001 (’654 patent), 4:39-
`
`6:53.) The first nine claims (claims 1-9), which I address in this declaration, are
`
`directed to a “mobile radiotelephony device, comprising” various “means.” (Ex.
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`Inter Partes Review of U.S. Patent No. 6,836,654
`1001 (’654 patent), 4:39-5:27.) For example, claim 1 recites a “blocking means,”
`
`“timing means,” and a “deblocking means.” (Ex. 1001 (’654 patent), 4:39-56; see
`
`also Ex. 1001 (’654 patent), 4:66 (reciting a “locking means” in claim 4), 5:3
`
`(“connecting means” in claim 5), 5:9 (“locking means” in claim 6), 5:25 (“test
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`means” in claim 9).) The constructions that I applied to these claim terms are
`
`discussed below. (See Section VI.)
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`
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`VI. CLAIM CONSTRUCTION
`
`26.
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`I understand that claim terms are typically given their ordinary and
`
`customary meaning, as would have been understood by a person of ordinary skill in
`
`the art, at the time of the alleged invention, which I was asked to assume is the late
`
`1999 time frame. In considering the meaning of the claims, I also understand that
`
`one must consider the claim language, specification, prosecution history, and the
`
`knowledge of a person of skill in the art at the relevant time.
`
`27. For purposes of my analysis, I have been asked to assume that claims
`
`1-9 of the ’654 patent are so-called “means-plus-function” claims under 35 U.S.C.
`
`§112(6). I was informed that means-plus-function claiming allows the patentee to
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`pursue claims using functional terminology performed by the particular structure(s)
`
`explicitly identified in the specification, or by their equivalents.
`
`28.
`
`I have been asked to assume that the following portions of the ’654
`
`patent specification are structure corresponding to the claimed “means for” terms
`
`recited in claims 1-9:
`
`“blocking means…” (claim 1)
`Claimed Function
`Specification
`preventing a normal operation of the
`mobile radiotelephony device, wherein
`the normal operation includes a
`processing of outgoing calls
`(Ex. 1001, 4:41-43)
`
`
` Ex. 1001:
`• 1:48-51
`• 2:49-52
`• 3:44-46
`• Figs. 2-3 (e.g., K5,K11,K30)
`
`
`“timing means…” (claim 1)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`Specification
`
`Ex. 1001:
`• 1:50-51
`• 2:54-57
`• 2:49-52
`• 3:32-39
`• Figs. 2-3 (K10, Y10)
`
`Claimed Function
`activating the blocking means in
`response to the mobile radiotelephony
`device being inactive during the normal
`operation of the mobile radiotelephony
`device for a defined period of time
`subsequent to a mounting of a linked
`user identification module inside the
`mobile radiotelephony device
`(Ex. 1001, 4:44-49)
`
`
`
`
`“deblocking means…” (claim 1)
`Claimed Function
`Specification
`permitting the normal operation of the
`mobile radiotelephony device in
`response to a supply of a deblocking
`code to the mobile radiotelephony
`devi