IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of:
`U.S. Patent No.:
`Issue Date:
`
`Appl. Serial No.:
`Filing Date:
`
`Title:
`
`Case No.:
`
`John A. Kembel, et al.
`8,510,407
`August 13, 2013
`11/932,553
`October 31, 2007
`DISPLAYING TIME-VARYING INTERNET BASED
`DATA USING APPLICATION MEDIA PACKAGES
`IPR2019-_____
`
`DECLARATION OF DR. VIJAY K. MADISETTI
`
`Page 1 of 204
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`Lenovo Exhibit 1003
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`Page 1
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`
`
`In re Patent of:
`U.S. Patent No.:
`Issue Date:
`
`Appl. Serial No.:
`Filing Date:
`
`Title:
`
`Case No.:
`
`John A. Kembel, et al.
`8,510,407
`August 13, 2013
`11/932,553
`October 31, 2007
`DISPLAYING TIME-VARYING INTERNET BASED
`DATA USING APPLICATION MEDIA PACKAGES
`IPR2019-_____
`
`DECLARATION OF DR. VIJAY K. MADISETTI
`
`Page 1 of 204
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`Lenovo Exhibit 1003
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`Page 1
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`Introduction
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`1.
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`My name is Dr. Vijay K. Madisetti. I have been retained by Petitioners
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`Lenovo Holding Company, Inc., Lenovo (United States) Inc., and Motorola Mobility
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`LLC (“Petitioners”) to provide assistance regarding U.S. Patent No. 8,510,407 (“the
`
`’407 Patent,” Ex. 1001). Specifically, I have been asked to consider the validity of
`
`claims 1, 8–13 and 20–24 of the ’407 Patent (“the challenged claims”) in view of the
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`prior art, obviousness considerations, and understanding of a person of ordinary skill
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`in the art (“POSA”). I have personal knowledge of the facts and opinions set forth
`
`in this declaration, and believe them to be true. If called upon to do so, I would testify
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`competently thereto. I have been warned that willful false statements and the like are
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`punishable by fine or imprisonment, or both.
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`2.
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`I am being compensated for my time at my standard consulting rate. I
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`am also being reimbursed for expenses that I incur during the course of this work.
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`My compensation is not contingent upon the results of my study, the substance of
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`my opinions, or the outcome of any proceeding involving the challenged claims. I
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`have no financial interest in the outcome of this matter or on the pending litigation
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`between Petitioners and Patent Owner.
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`3.
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`My opinions are based on my years of education, research and
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`experience, as well as my investigation and study of relevant materials, including
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`those cited herein.
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`4.
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`I may rely upon these materials, my knowledge and experience, and/or
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`additional materials to rebut arguments raised by the Patent Owner. Further, I may
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`also consider additional documents and information in forming any necessary
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`opinions, including documents that may not yet have been provided to me.
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`5.
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`My analysis of the materials produced in this proceeding is ongoing and
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`I will continue to review any new materials as they are provided. This declaration
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`represents only those opinions I have formed to date. I reserve the right to revise,
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`supplement, and/or amend my opinions stated herein based on new information and
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`on my continuing analysis of the materials already provided.
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`Background and Qualifications
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`6.
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`I have over thirty years of experience as an electrical and computer
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`engineer in industry, education, and consulting.
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`7.
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`I am a Professor in Electrical and Computer Engineering at Georgia
`
`Tech. I have worked extensively in the field of digital communications and have
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`studied telecommunications and systems engineering since 1981. I also have over
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`20 years of industry experience in computer engineering, distributed computer
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`systems,
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`networking,
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`software
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`engineering,
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`signal
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`processing,
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`and
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`telecommunications, including wireless communications and signal processing.
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`Throughout this time, I have designed, implemented, and tested various products in
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`the fields of electronics, computer engineering, and communications.
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`8.
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`In 1984, I received a Bachelor of Technology in Electronics and
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`Electrical Communications Engineering from the Indian Institute of Technology
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`(IIT). In 1989, I received my Ph.D. in Electrical Engineering and Computer Sciences
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`(EECS) from the University of California, Berkeley. That year, I also received the
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`Demetri Angelakos Outstanding Graduate Student Award from the University of
`
`California, Berkeley, and the IEEE/ACM Ira M. Kay Memorial Paper Prize.
`
`9.
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`In 1989, I also joined the faculty of Georgia Tech. I began working at
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`Georgia Tech as an assistant professor, became an associate professor in 1995, and
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`have held my current position since 1998. As a member of the faculty at Georgia
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`Tech, I have been active in, among other technologies, cloud computing, distributed
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`computing, image and video processing, computer engineering, embedded systems,
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`chip design, software systems, wireless networks and cellular communications.
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`10.
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`I have been involved in research and technology in the area of
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`computing and digital signal processing since the late 1980s, and I am the Editor-in-
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`Chief the IEEE Press/CRC Press’s 3-volume Digital Signal Processing Handbook
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`(Editions 1 & 2) (1998, 2010).
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`11. Over the past three decades, I studied, used, and designed distributed
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`systems, including one of the first published works in distributed processing of
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`multimedia signals over the internet, called BEEHIVE, in addition to image and
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`video processing and wireless networking circuits for several applications, including
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`digital and video cameras, mobile phones and networking products for leading
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`commercial firms.
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`12. Between 1994-1998 as part of a research initiative in collaboration with
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`the US Army Research Laboratory and Georgia Tech, I and my students developed
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`one of the first published implementations of a distributed signal processing
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`environment, where sensor data (from US Army) was accessed over the network and
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`processed and displayed at distributed locations (Georgia Tech, Rice University,
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`and Spelman College) utilizing Java-based object broker technologies. This
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`environment, BEEHIVE, is shown in the figure below, implemented within Java,
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`utilized resource objects (including servers), data sources (such as cameras and
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`sensors), sink sources (such as display), and service objects (representing Java
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`applications), broker objects (e.g., schedulers), and user COE interfaces (e.g., GUIs)
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`that download applications that run locally on data obtained from networked sources.
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`13. A detailed description of the distributed environment is described in the
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`Figure 4 below.
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`14.
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`Prior to or around the timeframe of the filing the ’407 Patent, some of
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`my significant work in the area of digital image processing, video processing,
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`networking technologies, and software engineering include the following:
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`I. M. Romdhane, V. Madisetti, “All Digital Oversampled Front-
`
`End Sensors”, IEEE Signal Processing Letters, Vol 3, Issue 2,
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`1996;
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`II. A. Hezar, V. Madisetti, “Efficient Implementation of Two-Band
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`PR-QMF Filterbanks”, IEEE Signal Processing Letters, Vol 5,
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`Issue 4, 1998;
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`III. R. Tummala, V. Madisetti, System on Chip or System on
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`Package”, IEEE Design & Test of Computers, Vol 16, Issue 2,
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`1999; and
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`15.
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`I have also designed code and compilation tools for chipsets used for
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`advanced imaging and document cameras used in photocopying and other
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`applications, such as the Intel MXP 5800 family of image processing chipsets that
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`have been widely used in commercial document imaging and video products since
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`the late 1990s. I have also implemented H.264 and AVC codecs for a large
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`commercial semiconductor vendor in the mid 2000 timeframe. I have published
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`several papers on audio, video and image processing over the two decades.
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`16.
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`I also have significant experience in designing and implementing
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`electronic equipment using various source code languages, including C, assembly
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`code, VHDL, and Verilog. In 2000, I published a book entitled “VHDL: Electronics
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`Systems Design Methodologies.” In 1997, I was awarded the VHDL International
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`Best PhD Dissertation Advisor for my contributions in the area of rapid prototyping.
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`17.
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`Since 1995, I have authored, co-authored, or edited several books in the
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`areas of communications, signal processing, chip design, and software engineering,
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`including VLSI Digital Signal Processors (1995), Quick-Turnaround ASIC Design
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`in VHDL (1996), The Digital Signal Processing Handbook (1997 & 2010), Cloud
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`Computing: A Hands-On Approach (2013), Internet of Things: A Hands-On
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`Approach (2014), Big Data Science & Analytics (2016).
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`18.
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`I have authored over 100 articles, reports, and other publications
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`pertaining to electrical engineering, and in the areas of computer engineering,
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`communications signal processing, and communications. All of my publications,
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`including the ones identified above, are set forth in my attached CV.
`
`19.
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`I have implemented several electronic devices, including audio and
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`video codecs, echo cancellers, equalizers, and multimedia audio/video compression
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`applications and modules for a leading commercial mobile phone manufacturer. I
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`have also designed tools for porting mobile applications from one platform to
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`another for a leading mobile phone manufacturer. I have also developed hardware
`
`and software designs for a leading set-top box manufacturer. I am familiar with the
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`design, test and implementation of embedded systems, such as image and video
`
`processing systems, security systems, barrier control systems, and associated
`
`software and hardware architectures.
`
`20.
`
`I have been elected a Fellow of the Institute of Electrical and
`
`Electronics Engineers (“IEEE”) in recognition of my contributions to embedded
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`computing systems. The IEEE is a worldwide professional body consisting of more
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`than 300,000 electrical and electronic engineers. Fellow is the highest grade of
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`membership of the IEEE, with only one-tenth of one percent of the IEEE
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`membership being elected to the Fellow grade each year.
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`21.
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`In 2006, I was awarded the Frederick Emmons Terman Medal from the
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`American Society of Engineering Education (ASEE) and HP Corporation for my
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`contribution to electrical engineering while under the age of 45.
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`22.
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`I have been working in the areas of cloud computing, workload
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`modeling, virtualization, and benchmarking for over ten years.
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`23.
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`In the area of characterization, modeling and generation of workloads
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`for cloud computing applications I have created a synthetic workload generator for
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`virtual environments that accepts benchmark and workload model specifications. I
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`also developed a cloud workload specification language called, GT-CWSL, to
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`provide a structured way for specification of application workloads. These
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`approaches allow accurate characterization of virtualization and cloud performance,
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`and have been published in “Synthetic Workload Generation for Cloud Computing
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`Applications”, Journal of Software Engineering and Applications, 2011, Vol 4, pp.
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`396-410.
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`24. Our methodology for analysis of virtual workloads on cloud platforms
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`is shown in the figure below.
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`25.
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`In other work related to distributed computing, virtualization,
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`performance modeling, and data integration, I have developed cloud-based
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`information integration and informatics framework, called CHISTAR, that allows
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`integration of distributed and heterogeneous data into a common virtual environment
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`(on commodity hardware running hypervisors) allow easier analysis and analytics to
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`be performed. This research was presented as a cover feature in the Special Issue
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`on Computing in Healthcare, IEEE Computer Magazine, in 2015.
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`26.
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`In my work on rapid prototyping of cloud-based virtual services and
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`systems, I proposed a new methodology using loosely coupled virtual components
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`that are not restricted by architecture or programming styles. This approach, shown
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`below, creates virtual components that are then integrated and deployed effectively
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`to realize improvements in deployment efficiency and time to deployment, as shown
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`below.
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`27. Use of our CCM-based virtualization and distributed cloud component
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`methodology improved throughput and response times as shown below. These
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`results were published in flagship journal, IEEE Computer Magazine, in November
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`2013.
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`28.
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`In addition to research and commercialization projects in virtualization
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`and cloud computing and advanced cloud applications and data analytics, I have also
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`taught courses and written books in these areas. These books are widely used by
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`dozens of universities all over the world.
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`29. Additional details about my employment history, fields of expertise,
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`and publications are included in my curriculum vitae, attached as Ex. 1010.
`
`30.
`
`This declaration is organized as follows:
`
`I.
`
`II.
`
`Summary of the ‘407 Patent (page 15)
`
`Level of Ordinary Skill (page 27)
`
`III. Claim Construction (page 29)
`
`IV.
`
`Legal Standards for Prior Art (page 36)
`
`V. Overview of Relevant Art (page 41)
`
`i. Hoff (page 41)
`
`ii. Berg (page 45)
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`iii. Nazem (page 47)
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`iv. Fortin (page 49)
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`
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`v. Razavi (page 52)
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`vi. Anderson (page 56)
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`VI. Claims 1, 9–13, and 21–24 are rendered obvious by Hoff in
`view of Berg and Nazem or applicant admitted prior art in the
`‘407 patent (page 58)
`VII. Claims 8 and 20 are rendered obvious by Hoff in view of Berg,
`Nazem or applicant admitted prior art in the ‘407 patent, and
`Fortin (page 114)
`VIII. Claims 1, 9–13, and 21–24 are rendered obvious by Razavi, or
`alternatively by Razavi in view of Anderson (page 122)
`IX. Claim 8 and 20 are rendered obvious by Razavi, or alternatively
`by Razavi in view of Anderson and Fortin (page 195)
`Secondary Considerations of Non-Obviousness (page 203)
`X.
`XI. Conclusion (page 203)
`SUMMARY OF THE ’407 PATENT
`A.
`Brief Description
`31.
`The ’407 Patent is generally directed to “a software component for
`
`I.
`
`accessing and displaying time varying Internet content [that] includes a definition
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`for rendering a graphical user interface [GUI] and a URL pointing to the time
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`varying content to be downloaded and presented with said [GUI].” ’407 Patent,
`
`Abstract. The ’407 Patent noted that it was known for users to access the Internet
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`with a browser to view web content. Id., 1:56-59.
`
`32.
`
`The problem identified by the ’407 Patent, however, was:
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`“Currently, content providers and end users have limited tools to alter
`the browser in which content appears. That is, the controls associated
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`with a browser are not fully configurable. Thus, the vendor of a browser
`is in a position to brand the browser and regulate the controls associated
`with the browser. There is a growing desire for content providers to not
`only fill a browser with their content, but to also fully brand and control
`the frame in which the content appears.”
`Id., 2:25-32.
`
`33.
`
`The ’407 Patent’s purported solution allowed content providers to
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`develop Networked Information Monitors (“NIMs”), which are defined as “a fully
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`configurable frame with one or more controls” through which content is presented
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`to the user. Id., 5:21-24. A “NIM template defines the characteristics of a specific
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`NIM, including fully configurable frame characteristics, viewer and control
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`characteristics, and NIM content references.” Id., 6:66-7:2. Further, the NIM of the
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`‘407 Patent “stands in contrast to present web browsers, which are branded by the
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`browser vendor and which have limited means by which to alter controls associated
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`with the browser.” Id., 5:24-28.
`
`34. Additionally, the ’407 Patent states that NIMs can be added to a user
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`device via a request from a client device to a remote server (e.g., application server).
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`’407 Patent, 19:51-62 (“In one embodiment of the invention, after a user has logged
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`into the system, as discussed above in connection with FIGS. 1 to 10, the user
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`interface 40 displays the home NIM 162 as shown in FIG. 5. The home NIM
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`typically includes a list of NIMs 188, referred to in FIG. 5 as “MyDots.” These are
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`NIMs which have been “collected” by the user. The list of collected NIMs, along
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`with their associated definitions, is stored on the server in the user profile database
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`76, and downloaded from the application server 50 in response to a request from the
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`client parser application 38. The local copy of the processed user profile is then
`
`further processed when the user collects or uses NIMs.”). The NIMs can then be
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`executed on the user devices after being downloaded or transiently, such as through
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`clicking a link on a webpage. ’407 Patent, 15:2–29 (“In one embodiment, the user is
`
`provided with the option of (i) incorporating a NIM selected in list 198 into the
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`processed user profile or (ii) transiently executing the NIM on client 20.
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`Furthermore, when the user receives NIMs from other users, the user has the option
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`to transiently operate the received NIMs on client 20. If the user decides to keep the
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`transient NIMs at a later date, the user has the option to add the transient NIMs to
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`the processed user profile at that time. Thus, in such embodiments, the user
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`effectively has the option to “preview” NIMs before adding them to the processed
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`user profile. This is advantageous because it reduces the chances of filling the user
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`profile with undesirable NIMs. Such a feature is particularly advantageous in the
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`case of novice or inexperienced users of system 10. Furthermore, one of skill in the
`
`art will appreciate that the concept of transient NIM execution raises the possibility
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`of executing NIMs on a client 20 during a period of time in which the user is not
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`logged into system 10. For example, consider a NIM that is executed on a client 20
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`after a user initiated response to a web page advertisement presented in web browser
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`36. Although the user is not logged into web server 58 and therefore does not have
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`a processed user profile resident on client 20, the user can execute the NIM on client
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`20 on a transient basis. Furthermore, if the user wishes to add the transiently
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`executed NIM to the user profile 76 associated with the user, the user can log into
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`web server 58 and then add the NIM to the processed user profile that is delivered
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`to client 20 as a function of the log in process.”).
`
`35. A diagram of a system architecture for performing methods proposed
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`by the ’407 patent is shown in Figure 1 (reproduced below with annotations).
`
`36.
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`The ’407 Patent allegedly distinguished itself from web browsers as it
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`related to both aggregation and presentation of content. As to aggregation, the ’407
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`Patent noted that it was known to create personalized webpages for a user to view
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`content sources in a single page, such as stock, weather and sports information. ’407
`
`Patent, 1:55-2:55 (“In this context, web content and web applications are designed
`
`to fill the entire web page. It is known to divide the web content into different regions
`
`of a single web page. For example, personalized web pages can be specified, such
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`that a user views a variety of content sources in a single page, such as stock
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`information, weather information, and sports information, which is aggregated at the
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`server that delivers the web page to the user, who then views the aggregated content
`
`in a single web page.”). As to presentation, the ’407 Patent noted it was known to
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`divide content into regions of a single webpage. Id.
`
`37.
`
`The ’407 Patent identified a purported problem, noting that when
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`disparate content was aggregated, it was displayed in a full webpage and served
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`through a full-screen browser. Id. This gave content providers “limited control over
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`the user experience” because content was “typically trapped within the frame of a
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`browser.” Id., (“Observe that even when disparate content is aggregated, in this
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`manner, it is reassembled into a full web page and is served through a full-screen
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`browser. Web content and application developers therefore have limited control over
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`the user experience: content is typically trapped within the frame of the browser. A
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`developer's only alternative to engaging a user page-by-page in a browser is to
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`develop, distribute, and support custom client software. In the Web browser
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`scenario, it is the content provider, not the user that aggregates the information that
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`is viewed by the user.”). In other words, a purported problem identified by the ’407
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`patent was that network content was presented in a web browser GUI, in which that
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`GUI was the same regardless of the content provider (i.e., content provider couldn’t
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`customize the GUI). The ’407 Patent’s purported solution allowed providers to fully
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`configure a GUI for presentation of content on a user’s device. Specifically, it states
`
`that content providers can develop Networked Information Monitors (“NIMs”)
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`which are configurable frames/GUIs through which content is presented to the user.
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`’407 Patent, 2:59-61 (“The invention includes a method of presenting distributable
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`computer readable media to a user in response to a user request.”); 5:21-28 (“As
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`used herein, the term networked information monitor or NIM refers to a fully
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`configurable frame with one or more controls; the frame through which content is
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`optionally presented. The fully configurable frame utilized in accordance with the
`
`invention stands in contrast to present web browsers, which are branded by the
`
`browser vendor and which have limited means by which to alter the controls
`
`associated with the browser.”).
`
`Prosecution History of the ’407 Patent
`B.
`38. Application No. 11/932,553 (“’553 Application”), which issued as the
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`’407 Patent, was filed on October 13, 2007. EX1002. It claimed priority to a series
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`of applications, the earliest of which was filed on April 26, 1999. ’407 Patent, 1:19-
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`52.
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`39. As for examination of the ’553 Application, original claims 1-2 were
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`rejected in part as obvious by Harrow, et al. USPN 5,375,199 in view of Doyle, et
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`al. USPN 5,838,906 in a Non-Final Office Action dated May 28, 2010. EX1002,
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`894. In response, the Applicant amended Claims 1-2 and added new Claims 3-22.
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`Id., 876-81. In an attempt to distinguish its Claims, the Applicant included argued
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`that Fig. 9 of Doyle could not render its Claims obvious because Doyle did not
`
`present an independent GUI “’outside of any graphical user interface of any web
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`browser application, and without the utilization of any web browser application.’”
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`Id., 882-84. On September 13, 2010, Claims 1-22 were rejected in a Final Rejection.
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`Id., 862. Specifically, Claims 1-22 were rejected as obvious by Stone, et al. USPN
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`6,101,510 in view of Harrow. Id. In response, the Applicant amended Claims 1, 9,
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`12, and 20. Id., 840-49. In an attempt to distinguish its Claims, the Applicant argued
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`that Stone and Harrow that a web browser control in an application (i.e., a GUI)
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`“‘lacks user controls for manually navigating a network….’” Id.
`
`40.
`
`In a further Non-Final Rejection dated September 4, 2012, Claims 1-5
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`and 7-22 were rejected as obvious by Doyle and Harrow. Id., 827. As above, the
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`Applicant focused on the fact that, although the GUI in Doyle was a distinct GUI
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`from the browser GUI, it was still not displayed outside the boundaries of the
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`browser GUI; rather, the Doyle GUI was displayed within the browser GUI. Id. And
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`because the browsers included controls for network navigation. Id., 426-27. After a
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`Final Rejection dated March 25, 2013, and an amendment by the Applicant, a Notice
`
`of Allowance was mailed on April 18, 2013 with no reasons for allowance being
`
`provided.
`
`C.
`41.
`
`The challenged claims
`I have been notified by Petitioner’s counsel that the following claims
`
`of the ’407 Patents are being challenged in the Petition:
`
`[1.Preamble]: A client computing device configured to access content over a
`
`network, the client computing device comprising:
`
`[1.A]: electronic storage configured to store networked information monitor
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`template associated with a networked information monitor, [1.B] the networked
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`information monitor template having therein a definition of viewer graphical user
`
`interface having a frame within which time-varying content in a web browser-
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`readable language may be presented on a display associated with the client
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`computing device, wherein the frame of the viewer graphical user interface lacks
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`controls for enabling a user to specify a network location at which content for the
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`networked information monitor is available; and
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`[1.C]: one or more processors configured to execute one or more computer
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`program modules, the one or more computer program modules being configured to
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`access the networked information monitor defined by the networked information
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`monitor template results in:
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`[1.D]: transmission, over a network to a web server at a network location, of
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`a content request for content to be displayed within the frame of the viewer
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`graphical user interface defined by the networked information monitor template;
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`[1.E]: reception, over the network from the web server at the network location,
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`of content transmitted from the web server in response to the content request, the
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`content being time-varying;
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`[1.F]: presentation, on the display, of the viewer graphical user interface
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`defined by the networked information monitor template outside of and separate
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`from any graphical user interface of any other application; and
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`[1.G]: presentation, on the display within the frame of the viewer graphical
`
`interface defined by the networked information monitor, of the time-varying
`
`content received from the web server.
`
`[8]: The client computing device of claim 1, wherein the networked information
`
`monitor template includes a markup language file.
`
`[9]: The client computing device of claim 1, wherein one or more computer program
`
`modules are configured such that the time-varying content is received from the web
`
`server over the network according to the TCP/IP protocol.
`
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`
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`[10]: The client computing device of claim 1, wherein the network location
`
`corresponds to a uniform resource locator included in the networked information
`
`monitor template.
`
`[11]: The client computing device of claim 10, wherein the one or more computer
`
`program modules are further configured such that accessing the networked
`
`information monitor defined by the networked information monitor template results
`
`in transmission of the content request to the uniform resource locator included in the
`
`networked information monitor template, and the content request being transmitted
`
`according to the TCP/IP protocol over the network.
`
`[12.Preamble]: The client computing device of claim 1, wherein the one or more
`
`computer program modules are further configured:
`
`[12.A]: to transmit, over the network to a networked information monitor server,
`
`a request for the networked information monitor temple;
`
`[12.B]: to receive from the networked information monitor server over the
`
`network, the networked information monitor template; and
`
`[12.C]: to store the networked information monitor template to the electronic
`
`storage.
`
`[13.Preamble]: A computer-implemented method of accessing content over a
`
`network on a client computing device, the client computing device having electronic
`
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`storage and one or more processors configured to execute one or more computer
`
`program modules, the client method comprising:
`
`[13.A] storing, to the electronic storage, a networked information monitor
`
`template associated with a networked information monitor, [13.B] the networked
`
`information monitor template having therein a definition of a viewer graphical user
`
`interface having a frame within which time-varying content in a web browser-
`
`readable language may be presented on a display associated with the client
`
`computing device, wherein the frame of the viewer graphical user interface lacks
`
`controls for enabling a user to specify a network location at which content for the
`
`networked information monitor is available;
`
`[13.C]: accessing the networked information monitor defined by the networked
`
`information monitor template, wherein accessing the networked information
`
`monitor defined by the networked information monitor template results in:
`
`[13.D]: transmission, over a network to a web server at a network location, of
`
`a content request for content to be displayed in the viewer graphical user interface
`
`defined by the networked information monitor template;
`
`[13.E]: reception, over the network from the web server at the network
`
`location, of content transmitted from the web server in response to the content
`
`request, the content being time-varying;
`
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`[13.F]: presentation, on the display, of the viewer graphical user interface
`
`defined by the application media package template outside of and separate from
`
`any graphical user interface of any other application; and
`
`[13.G]: presentation, on the display within the frame of the viewer graphical
`
`user interface defined by the networked information monitor, of the time-varying
`
`content received from the web server.
`
`[20]: The method of claim 13, wherein the networked information monitor template
`
`includes a markup language file, and wherein storing the networked information
`
`monitor template comprises storing the markup language file.
`
`[21]: The method of claim 13, wherein the time-varying content is received from the
`
`web server over the network according to the TCP/IP protocol.
`
`[22]: The method of claim 13, wherein the network location corresponds to a
`
`uniform resource locator included in the networked information monitor template.
`
`[23]: The method of claim 22, wherein accessing the networked information monitor
`
`defined by the networked information monitor template results in transmission of
`
`the content request to the uniform resource locator included in the networked
`
`information monitor template, and the content request being transmitted according
`
`to the TCP/IP protocol over the network.
`
`[24.Preamble]: The method of claim 13, further comprising:
`
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`[24.A]: prior storing the networked information monitor template to the
`
`electronic storage, transmitting, over the network to a networked information
`
`monitor server, a request for the networked information monitor template; and
`
`[24.B]: receiving from the networked information monitor server over the
`
`network, the networked information monitor template.
`
`II.
`
`LEVEL OF ORDINARY SKILL
`42.
`Petitioner’s counsel has informed me that I should consider these
`
`materials through the lens of a person of ordinary skill in the art (“POSA”) related
`
`to the ’407 patent at the time of the earliest purported priority date of the ’407 patent,
`
`and I have done so during my review of these materials. I understand that the ’407
`
`patent is a continuation of U.S. Patent Application Serial No. 09/558,925 (“the ’925
`
`application”), filed on April 26, 2000 (now U.S. Patent No. 7,660,868). The ’047
`
`patent also claims priority to (1) U.S. Provisional Patent Application Serial No.
`
`60/131,083 (“the ‘083 provisional”), filed on April 26, 1999; (2) U.S. Provisional
`
`Patent Application Serial No. 60/131,114 (“the ‘114 provisional”), filed on April 26,
`
`1999; (3) U.S. Provisional Patent Application Serial No. 60/131,115 (“the ‘115
`
`provisional”), filed on April 26, 1999; (4) U.S. Provisional Patent Application Serial
`
`No. 60/176,687 (“the ‘687 provisional”), filed on January 18, 2000; and (5) U.S.
`
`Provisional Patent Application Serial No. 60/176,669 (“the ‘669 provisional”), filed
`
`on January 18, 2000. It is therefore my understanding that the filing date the ’114,
`
`Page 27 of 204
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`‘115, and ‘687 provisional applications of April 26, 1999 (hereinafter the “Earliest
`
`Possible Priority Date”) represents the earliest possible priority date to which the
`
`’407 patent is entitled.
`
`43.
`
`I understand that the factors considered in determining the ordinary
`
`level of skill in a field of art include: the level of education and experience of persons
`
`working in the field; the types of problems encountered in the field; and the
`
`sophistication of the technology at the time of the invention. I understand that POSA
`
`is not a specific real individual, but rather is a hypothetical individual having the
`
`qualities reflecte
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