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 145
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`SAMSUNG EXHIBIT 1002
`
`
`
`____________________
`
`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 145
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`SAMSUNG EXHIBIT 1002
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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
`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 ..........................................................................15
`VII. OVERVIEW OF THE PRIOR ART .............................................................16
`A.
`Nokia – Ex. 1004 – Owner’s Manual for the Nokia 9000i
`Communicator, Issue 1.1 .....................................................................16
`Alos – Ex. 1005 – U.S. Patent Publication US2002/0147028 ............19
`B.
`C. Matsukida – Ex. 1021– Japanese Patent Application Publication
`No. JP H6-216841 ...............................................................................22
`D. Miller – Ex. 1022 – U.S. Patent No. 6,141,563 ..................................24
`VIII. THE PRIOR ART DISCLOSES THE CHALLENGED CLAIMS OF
`THE ’654 PATENT .......................................................................................27
`A.
`The Combination of Nokia and Alos Discloses Claims 10-20 ............27
`1.
`Claim 10 ....................................................................................27
`a)
`[10pre] “A method of protecting a mobile
`radiotelephony device, the method comprising:” ...........27
`[10a] “verfying [sic] a user identification module
`mounted inside the mobile radiotelephony device
`is linked to the mobile radiotelephony device;” .............33
`[10b] “detecting a period of inactivity of the
`mobile radiotelephony device during a normal
`operation of the mobile radiotelephony device,
`
`b)
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`c)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`wherein the normal operation includes a
`processing of all outgoing calls;” ...................................39
`[10c] “preventing the normal operation of the
`mobile radiotelephony device in response to the
`verification of the linked user identification
`module and in response to the detection of the
`period of inactivity of the mobile radiotelephony
`device.” ...........................................................................42
`Claim 11 ....................................................................................50
`a)
`[11pre] “The method of claim 10, further
`comprising:” ...................................................................50
`[11a] “permitting the normal operation of the
`mobile radiotelephony device in response to the
`verification of the linked user identification
`module and in response to a supply of a
`deblocking code to the mobile radiotelephony
`device subsequent to the detection of the period of
`inactivity of the mobile radiotelephony device.” ...........50
`Claim 12 ....................................................................................55
`a)
`“The method of claim 10, wherein the prevention
`of the normal operation of the mobile
`radiotelephony device prevents all transmissions of
`outgoing calls.” ...............................................................55
`Claim 13 ....................................................................................57
`a)
`“The method of claim 10, wherein the prevention
`of the normal operation of the mobile
`radiotelephony device prevents all transmissions of
`non-emergency outgoing calls and permits all
`transmissions of emergency outgoing calls.” .................57
`Claim 14 ....................................................................................59
`a)
`[14pre] “The method claim 10, further
`comprising:” ...................................................................59
`
`2.
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`3.
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`4.
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`5.
`
`
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`ii
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`Inter Partes Review of U.S. Patent No. 6,836,654
`[14a] “storing an international identification
`number stared [sic] on the linked user
`identification module onto the mobile
`radiotelephony device as data corresponding to a
`link between the mobile radiotelephony device and
`the linked user identification module.” ..........................59
`Claim 15 ....................................................................................63
`a)
`[15pre] “The method claim 11, further
`comprising:” ...................................................................63
`[15a] “storing a personal identification number
`scored [sic] on the linked user identification
`module onto the mobile radiotelephony device as
`the debugging code.” ......................................................63
`Claim 16 ....................................................................................70
`a)
`[16pre] “The method of claim 10, further
`comprising:” ...................................................................70
`[16a] “preventing the normal operation of the
`mobile radiotelephony device in response to any
`unlinked user identification module being mounted
`inside the mobile radiotelephony device.” .....................70
`Claim 17 ....................................................................................75
`a)
`[17pre] “In a mobile radiotelephony device, a
`computer readable medium comprising:” ......................75
`[17a] “computer readable code for verifying a user
`identification module mounted inside the mobile
`radiotelephony device is linked to the mobile
`radiotelephony device;” ..................................................76
`[17b] “computer readable code for detecting a
`period of inactivity of the mobile radiotelephony
`device during a normal operation of the mobile
`radio telephony device, wherein the normal
`
`6.
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`7.
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`8.
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`b)
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`c)
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`d)
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`b)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`operation includes a processing of all outgoing
`calls;” ..............................................................................76
`[17c] “computer readable code for preventing the
`normal operation of the mobile radiotelephony
`device in response to the verification of the linked
`user identification module and in response to the
`detection of the period of inactivity of the mobile
`radiotelephony device.” ..................................................77
`Claim 18 ....................................................................................77
`a)
`[18pre] “The computer readable medium of claim
`17, further comprising:” .................................................77
`[18a] “computer readable code for permitting the
`normal operation of the mobile radiotelephony
`device in response to the verification of the linked
`user identification module and in response to a
`supply of a deblocking code to the mobile
`radiotelephony device subsequent to the detection
`of the period of inactivity of the mobile
`radiotelephony device.” ..................................................78
`10. Claim 19 ....................................................................................78
`a)
`[19pre] “The computer readable medium of claim
`18, further comprising:” .................................................78
`[19a] “storing a personal identification number
`stored on the linked user identification module
`onto the mobile radiotelephony device as the
`deblocking code.” ...........................................................79
`11. Claim 20 ....................................................................................79
`a)
`[20pre] “The computer readable medium of claim
`17, further comprising:” .................................................79
`[20a] “preventing the normal operation of the
`mobile radiotelephony device in response to any
`
`b)
`
`b)
`
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`Inter Partes Review of U.S. Patent No. 6,836,654
`unlinked user identification module being mounted
`inside the mobile radiotelephony device.” .....................80
`The Combination of Matsukida and Alos Discloses Claims 10-
`12 and 14-20 ........................................................................................81
`1.
`Claim 10 ....................................................................................81
`a)
`[10pre] “A method of protecting a mobile
`radiotelephony device, the method comprising:” ...........81
`[10a] “verfying [sic] a user identification module
`mounted inside the mobile radiotelephony device
`is linked to the mobile radiotelephony device;” .............82
`[10b] “detecting a period of inactivity of the
`mobile radiotelephony device during a normal
`operation of the mobile radiotelephony device,
`wherein the normal operation includes a
`processing of all outgoing calls;” ...................................90
`[10c] “preventing the normal operation of the
`mobile radiotelephony device in response to the
`verification of the linked user identification
`module and in response to the detection of the
`period of inactivity of the mobile radiotelephony
`device.” ...........................................................................97
`Claim 11 ..................................................................................104
`a)
`[11pre] “The method of claim 10, further
`comprising:” .................................................................104
`[11a] “permitting the normal operation of the
`mobile radiotelephony device in response to the
`verification of the linked user identification
`module and in response to a supply of a
`deblocking code to the mobile radiotelephony
`device subsequent to the detection of the period of
`inactivity of the mobile radiotelephony device.” .........104
`Claim 12 ..................................................................................109
`
`b)
`
`c)
`
`d)
`
`b)
`
`B.
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`2.
`
`3.
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`Inter Partes Review of U.S. Patent No. 6,836,654
`“The method of claim 10, wherein the prevention
`of the normal operation of the mobile
`radiotelephony device prevents all transmissions of
`outgoing calls.” .............................................................109
`Claim 14 ..................................................................................111
`a)
`[14pre] “The method claim 10, further
`comprising:” .................................................................111
`[14a] “storing an international identification
`number stared [sic] on the linked user
`identification module onto the mobile
`radiotelephony device as data corresponding to a
`link between the mobile radiotelephony device and
`the linked user identification module.” ........................111
`Claim 15 ..................................................................................115
`a)
`[15pre] “The method claim 11, further
`comprising:” .................................................................115
`[15a] “storing a personal identification number
`scored [sic] on the linked user identification
`module onto the mobile radiotelephony device as
`the debugging code.” ....................................................115
`Claim 16 ..................................................................................121
`a)
`[16pre] “The method of claim 10, further
`comprising:” .................................................................121
`[16a] “preventing the normal operation of the
`mobile radiotelephony device in response to any
`unlinked user identification module being mounted
`inside the mobile radiotelephony device.” ...................121
`Claim 17 ..................................................................................125
`a)
`[17pre] “In a mobile radiotelephony device, a
`computer readable medium comprising:” ....................125
`
`b)
`
`b)
`
`4.
`
`5.
`
`6.
`
`7.
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`b)
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`c)
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`[17a] “computer readable code for verifying a user
`identification module mounted inside the mobile
`radiotelephony device is linked to the mobile
`radiotelephony device;” ................................................126
`[17b] “computer readable code for detecting a
`period of inactivity of the mobile radiotelephony
`device during a normal operation of the mobile
`radio telephony device, wherein the normal
`operation includes a processing of all outgoing
`calls;” ............................................................................127
`[17c] “computer readable code for preventing the
`normal operation of the mobile radiotelephony
`device in response to the verification of the linked
`user identification module and in response to the
`detection of the period of inactivity of the mobile
`radiotelephony device.” ................................................127
`Claim 18 ..................................................................................128
`a)
`[18pre] “The computer readable medium of claim
`17, further comprising:” ...............................................128
`[18a] “computer readable code for permitting the
`normal operation of the mobile radiotelephony
`device in response to the verification of the linked
`user identification module and in response to a
`supply of a deblocking code to the mobile
`radiotelephony device subsequent to the detection
`of the period of inactivity of the mobile
`radiotelephony device.” ................................................128
`Claim 19 ..................................................................................128
`a)
`[19pre] “The computer readable medium of claim
`18, further comprising:” ...............................................128
`[19a] “storing a personal identification number
`stored on the linked user identification module
`
`8.
`
`9.
`
`b)
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`Inter Partes Review of U.S. Patent No. 6,836,654
`onto the mobile radiotelephony device as the
`deblocking code.” .........................................................129
`10. Claim 20 ..................................................................................129
`a)
`[20pre] “The computer readable medium of claim
`17, further comprising:” ...............................................129
`[20a] “preventing the normal operation of the
`mobile radiotelephony device in response to any
`unlinked user identification module being mounted
`inside the mobile radiotelephony device.” ...................129
`The Combination of Matsukida, Alos, and Miller Discloses
`Claim 13 ............................................................................................131
`1.
`Claim 13 ..................................................................................131
`a)
`“The method of claim 10, wherein the prevention
`of the normal operation of the mobile
`radiotelephony device prevents all transmissions of
`non-emergency outgoing calls and permits all
`transmissions of emergency outgoing calls.” ...............131
`IX. CONCLUSION ............................................................................................136
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`
`C.
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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 the features recited in claims 10-20 (“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.
`
`
`
`
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
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`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
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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
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`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
`
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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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`Inter Partes Review of U.S. Patent No. 6,836,654
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`and publications.
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`
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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
`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);
`
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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 all the features recited in the challenged claims of the ’654 patent.
`
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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
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`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
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`qualifications of a person of ordinary skill in the art, as defined above.
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`Page 18 of 145
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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
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`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
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`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
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`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
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`module to which it is linked is blocked via the network.” (Ex. 1001 (’654 patent),
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`1:18-37.) According to the ’654 patent, preventing such unauthorized usage in order
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`to resolve this problem is an “object of the invention.” (Ex. 1001 (’654 patent), 1:40-
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`41.) The ’654 patent purports to solve this problem by preventing unauthorized
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`usage (processing outgoing calls) either when an unlinked user identification module
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`(which a person of skill in the art would have understood to correlate to a Subscriber
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`10
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`Page 19 of 145
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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
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`a “period of inactivity,” even when the correct linked identification module is
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`inserted. (Ex. 1001 (’654 patent), 1:41-59.) The ’654 patent explains that this
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`method “forms a protection against theft,” because a stolen device with a linked user
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`identification module cannot be used without a “deblocking code” after the period
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`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
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`the mobile device can occur by reading certain data (e.g., an IMSI number, which
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`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
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`storing it on the mobile device. (Ex. 1001 (’654 patent), 1:66-2:10.) Additionally,
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`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
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`through its reference to “GSM radiotelephony systems.” (Ex. 1001 (’654 patent),
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`2:11-17.)
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`21. The ’654 patent includes three figures. (Ex. 1001 (’654 patent), Figs. 1-
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`3.) Figures 1 and 2 are directed to a “device” and an “electric diagram of the device,”
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`11
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`Page 20 of 145
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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.
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`(Ex. 1001 (’654 patent), Fig. 2; see also id., 2:36-60 (describing generic components
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`such as “a microphone 5, a loudspeaker 6, a screen 8, a keypad 9 and an antenna
`
`
`
`11,” etc.).)
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`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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`12
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`Page 21 of 145
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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
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`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
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`opposed to the hardware) is what is alleged to be innovative.
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`23.
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`In particular, the bulk of the ’654 patent’s disclosure is directed to the
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`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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`13
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`Declaration of Dr. Zygmunt J. Haas
`Inter Partes Review of U.S. Patent No. 6,836,654
`
`24.
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`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 the claims.
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`25. The ’654 patent includes twenty claims. (Ex. 1001 (’654 patent), 4:39-
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`
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`6:53.) I address claims 10-20 in this declaration.
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`14
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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
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`customary meaning, as would have been understood by a person of ordinary skill in
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`the art, at the time of the alleged invention, which I understand is the late 1999 time
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`frame. In considering the meaning of the claims, I also understand that one must
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`consider the claim language, specification, prosecution history, and the knowledge
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`of a person of skill in the art. I applied this understanding in my analysis below.
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`15
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`Page 24
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