UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS INC.,
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`Petitioner,
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`v.
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`SYNKLOUD TECHNOLOGIES, LLC,
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`Patent Owner.
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`____________
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`Case IPR2019-01655
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`U.S. Patent No. 9,098,526
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`____________
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`DECLARATION OF ZAYDOON (“JAY”) JAWADI
`IN SUPPORT OF PATENT OWNER’S RESPONSE
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`IPR 2019-01655
`Exhibit 2001
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`Unified Patents v.
`Synkloud Technologies, LLC
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`TABLE OF CONTENTS
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`I. BACKGROUND AND QUALIFICATIONS ..................................................... 1
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`II. MATERIALS REVIEWED ................................................................................ 6
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`III. LEGAL UNDERSTANDING ............................................................................. 7
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`IV. CLAIM CONSTRUCTION ................................................................................ 7
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`V. OPINIONS ........................................................................................................... 8
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`A. Ground 1: Claims 1-3, 5-11, and 13-20 Are Not Obvious in View of Prust (Ex-1006) and
`Major (Ex-1007) ......................................................................................................................... 8
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`a. Claims 1 and 11: Copy-and-Paste with Web Browser Cache Does Not Disclose
`Utilizing Download Information Stored in Cache .................................................................. 8
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`i. The ’526 Patent Does Not Teach Copy-and-Paste ..................................................... 12
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`ii. Major Does Not Teach Copy-and-Paste ................................................................. 12
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`iii.
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`Prust Does Not Teach Copy-and-Paste ................................................................... 12
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`iv. Major and Prust, Alone and/or in Combination, Do Not Teach Copy-and-Paste ... 14
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`The Steps of Using Copy-and-Paste from Web Browser Cache in Wireless Device
`v.
`Are Not Conventional and Not Obvious ........................................................................... 14
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`vi.
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`The User (Not the Code) Performs the Copy-and-Paste ......................................... 18
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`vii. URLs of Data Objects Are Not Displayed by the Browser and Cannot be Copied
`Directly Using Copy-and-Paste ........................................................................................ 22
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`viii.
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`The Web Page Containing the URL Must Be Cacheable ................................... 26
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`ix. Not All Web Pages Are Cacheable or Cached........................................................ 26
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`A User Cannot Tell if a Web Page Displayed by the Web Browser Is from Cache
`x.
`or Stored in Cache ............................................................................................................. 29
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`Prust Does Not Disclose Where the URL for the Purported Out-of-Band Download
`xi.
`Is Obtained from ............................................................................................................... 31
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`xii. Prust Does Not Disclose Cache Storage ................................................................. 32
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`Prust Does Not Disclose Out-Of-Band Download through Browser or through
`xiii.
`Operating System .............................................................................................................. 32
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`b.
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`Claims 1 and 11: Prust and Major Do Not Disclose Predefined Capacity ................. 35
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`i. Prust Does Not Disclose Predefined Capacity ........................................................... 36
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`ii. Major Does Not Disclose Predefined Capacity ...................................................... 39
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`iii. The Combination of Prust and Major Does Not Disclose Predefined Capacity ..... 39
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`c. Claims 1 and 11: Prust’s Email Does Not Disclose Coupling ....................................... 40
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`
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`i
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`

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`d.
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`Claims 1 and 11: Prust’s Email Does Not Disclose Retrieving ................................. 42
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`e. Claims 1 and 11: Prust’s Email Does Not Disclose Storing and Retrieving.................. 44
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`f. Dependent Claims 3 and 20 ........................................................................................... 45
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`g.
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`A POSITA Would Not Have Been Motivated to Combine Prust with Major ........... 48
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`i. Major’s Teachings Discourage Wireless Device Access to External Storage ........... 50
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`ii. Major Stores Data Objects in Cache, Negating the Need for External Storage ..... 53
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`iii.
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`iv.
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`Prust Discourages Using Only One Mode to Access Remote Storage ................... 53
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`Prust Does Not Disclose Out-Of-Band Download through Browser ..................... 54
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`B. Ground 2: Claims 1-20 Are Not Obvious in View of Chaganti (Ex-1008) and Major
`(Ex-1007) .................................................................................................................................. 54
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`a. Claims 1 and 11: Chaganti’s Copy-and-Paste with Major’s Web Browser Cache Does
`Not Disclose Utilizing Download Information Stored in Cache .......................................... 54
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`i. The Steps of Using Copy-and-Paste from Web Browser Cache in Wireless Device
`Are Not Conventional and Not Obvious ........................................................................... 55
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`ii.
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`The User (Not the Code) Performs the Copy-and-Paste ......................................... 55
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`iii. URLs of Data Objects Are Not Displayed by the Browser and Cannot be Copied
`Directly Using Copy-and-Paste ........................................................................................ 56
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`iv.
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`v.
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`The Web Page Containing the URL Must Be Cacheable ....................................... 56
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`Not All Web Pages Are Cacheable or Cached........................................................ 56
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`vi. A User Cannot Tell if a Web Page Displayed by the Web Browser Is from Cache
`or Stored in Cache ............................................................................................................. 56
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`vii. Chaganti Does Not Teach Copy-and Paste for Out-of-Band Downloads............... 57
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`Chaganti Does Not Disclose Where the URL for the Purported Out-of-Band
`viii.
`Download Is Obtained from.............................................................................................. 60
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`ix. Chaganti Does Not Teach Cache for Out-of-Band Downloads .............................. 61
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`Claims 1 and 11: Chaganti and Major Do Not Disclose Predefined Capacity by
`b.
`Server .................................................................................................................................... 62
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`c. Dependent Claims 3 and 20 ........................................................................................... 64
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`d.
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`Dependent Claims 4 and 12 ........................................................................................ 65
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`e. Dependent Claims 6, 7, 10, 13, 14, and 15 .................................................................... 65
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`f. A POSITA Would Not Have Been Motivated to Combine Chaganti with Major ......... 68
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`i. Major’s Teachings Discourage Wireless Device Access to External Storage ........... 71
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`ii.
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`Combining Two Different Cache Implementations Is Difficult ............................. 72
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`VI. CONCLUSION ..................................................................................................73
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`ii
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`I, Zaydoon (“Jay”) Jawadi, declare as follows:
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`I.
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`BACKGROUND AND QUALIFICATIONS
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`1. My name is Zaydoon (“Jay”) Jawadi.
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`2.
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`I am an independent expert and consultant. I have been retained as an
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`expert witness on behalf of SynKloud Technologies, LLC (“SynKloud”) for the
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`above-captioned Inter Partes Review (IPR) regarding U.S. Patent No. 9,098,526
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`(“’526 Patent”).
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`3.
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`As shown in my curriculum vitae (attached as Exhibit 2002), I have a
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`Bachelor of Science in Electrical Engineering from Mosul University, a Master of
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`Science in Computer Science from Columbia University with a Citation for
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`Outstanding Achievement – Dean’s Honor Student, and over 40 years of
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`experience in software and product design and development, engineering,
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`consulting, and management in the fields of data storage, Internet, software, data
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`networking, computing systems, and telecommunication.
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`4.
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`I have worked with and possess expertise in numerous technologies,
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`including data storage
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`technologies and
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`interfaces, Internet and website
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`technologies, databases, data networking
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`technologies and protocols, and
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`telephony.
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`5.
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`From 1978 to 1980, I worked as a telecommunication/electrical
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`engineer for Emirtel (formerly Cable and Wireless, now Etisalat). During my
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`1
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`

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`employment at Emirtel, among other things, I worked on telephony and
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`telecommunication products and services, and I developed software in assembly
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`and high-level languages for archiving, storing, and retrieving data to and from
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`data storage devices, such as disk drives and tape drives.
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`6.
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`From 1981 to 1983, I worked as a software engineer for Amdahl
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`Corporation (now Fujitsu), a California-based major supplier of computers,
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`systems, and data storage subsystems.
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`7.
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`From 1984 to 1994, I worked as a software, data storage, and systems
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`consultant to various data storage and computer companies in California, the
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`United States, Asia, and Europe. I provided technical consulting services in data
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`storage, data storage systems, data storage devices, software design and
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`development, system software, device driver software, data storage device
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`firmware, data storage software, data storage chips, data storage tools, data storage
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`test systems and test software, data storage and I/O protocol development systems,
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`data storage and I/O protocol analyzers, data storage and I/O monitoring systems,
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`and data storage manufacturing systems and software.
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`8.
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`From 1992 to 1996, I was President and founder of Zadian
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`Technologies, Inc., a California-based leading supplier of networked data storage
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`test systems, with over 50,000 units installed worldwide in mission-critical
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`customer operations with premier high-technology customers, such as Conner
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`
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`2
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`Peripherals (now Seagate), DEC (now HP), EMC (now Dell EMC), Exabyte,
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`Fujitsu, HP, IBM, Intel, Iomega, Quantum (now Seagate), Seagate, Sony,
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`StorageTek, Tandberg, Tandem (now HP), Toshiba, Unisys, and WD. The
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`company’s products
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`included
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`test systems, manufacturing systems, and
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`development systems for data storage devices (disk drives, tape drives, removable
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`drives, flash drives, optical drives, CD-ROM drives, Jukeboxes, and RAID) and
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`data storage interfaces (SCSI, ATA / IDE / ATAPI, Fibre Channel, SSA, and
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`PCMCIA / PC Card).
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`9.
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`In 1996, Zadian Technologies was acquired by UK-based Xyratex
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`International LTD (NASDAQ: XRTX, which was later acquired by Seagate,
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`NASDAQ: STX, in 2014). Following Zadian’s acquisition by Xyratex, I became
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`an employee of Xyratex until 1998. At Xyratex, I was a general manager of a data
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`storage interface business unit and, subsequently, a general manager of a data
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`networking analysis tools business unit, which designed and built Gigabit Ethernet
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`network protocol analysis and monitoring products, which were sold, under OEM
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`agreement, by the largest supplier of network protocol analysis and monitoring
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`products.
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`10. From 1999 to 2001, I was CEO, Chairman, and cofounder of Can Do,
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`Inc., a California-based Internet eCommerce and community company. The
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`CanDo.com website offered over 10,000 products for sale as well as extensive
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`3
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`consumer features, such as news, chat, messages, and product information for
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`people with disabilities. The company also provided technologies for display
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`magnification and sound/audio adaptation through the Internet to make websites
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`more accessible to persons with vision and hearing impairments. The company
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`was funded by leading venture capital firms.
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`11. From 2001 to 2007, I was President and cofounder of CoAssure, Inc.,
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`a California-based provider of Web-based technology services and solutions for
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`automated telephony speech recognition and touchtone applications, serving
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`multiple Fortune-500 companies.
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`12.
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`In 2009, I cofounded and have since been President of Rate Speeches,
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`Inc., a California-based Internet company providing online services, resources, and
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`technologies for creating, rating, evaluating, and enhancing public speaking,
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`presentation, and communication skills. Rate Speeches also operates the
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`ratespeeches.com website and the Speech Evaluator online software.
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`13. Since moving to Silicon Valley in Northern California in 1981, I have
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`worked on numerous technology products that have generated billions of dollars in
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`sales.
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`14.
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`I hold a California community college lifelong computer science
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`instructor credential. I have taught various data storage and computer technologies
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`4
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`to thousands of professional engineers and academic students in the United States,
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`Europe, and Asia.
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`15.
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`In my work as an expert and consultant, I have examined, analyzed,
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`and inspected numerous data storage systems, computer systems, software
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`products, cell phone applications, tens of millions of lines of source code, and the
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`frontend and backend software of more than 100 websites, including massive,
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`highly-trafficked consumer and business websites.
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`16. Through my education, industry and expert experience, and industry
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`and expert knowledge, I have gained a detailed understanding of the technologies
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`at issue in this case.
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`17. My additional industry experience is in my curriculum vitae.
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`18. My expert litigation support cases, including cases in which I have
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`testified during the last four years as an expert, can be found in my curriculum
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`vitae, which is Exhibit 2002.
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`19. As such, I am qualified to provide opinions regarding the state of the
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`art at the time the ’526 Patent was filed (which I understand to be no later than
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`December 4, 2003) and how a person of ordinary skill in the art (“POSITA”) at
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`that time would have interpreted and understood the ’526 Patent.
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`20.
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`I am being compensated for my work and any travel expenses in
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`connection with
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`this proceeding at my standard consulting rates.
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` My
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`5
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`compensation is in no way dependent on or contingent on the outcome of my
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`analysis or opinions rendered in this proceeding and is in no way dependent on or
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`contingent on the results of these or any other proceedings relating to the above-
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`captioned patent.
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`21. Although I am not rendering an opinion about the level of skill of a
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`POSITA proffered by Petitioner, based on my professional experience, I have an
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`understanding of the capabilities of a person of ordinary skill in the relevant field
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`(as such a POSITA is defined by Petitioner). Over the course of my career, I have
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`supervised and directed many such persons. Additionally, I myself, at the time the
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`’526 Patent was filed, qualified as at least a POSITA.
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`II. MATERIALS REVIEWED
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`22.
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`In preparing this declaration, I reviewed the ’526 Patent, including its
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`claims in view of its specification, the prosecution history of the ’526 Patent,
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`various prior art and technical references from the time of the invention, and, the
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`IPR2019-01655 Petition and its exhibits (1001-1021).
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`23.
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`I also reviewed the following references attached as exhibits:
`
`Exhibit
`Exhibit
`2003
`Exhibit
`2004
`Exhibit
`2005
`
`
`
`Description
`Microsoft Computer Dictionary, 5th Edition, Microsoft Press,
`2002
`Hypertext Transfer Protocol -- HTTP/1.1, rfc2616, June 1999
`
`Management Systems: analyses and applications, August W.
`Smith, Dryden Press, 1982
`
`6
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`III. LEGAL UNDERSTANDING
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`24.
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`I have worked with counsel in the preparation of this Declaration.
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`Nevertheless, the opinions, statements, and conclusions offered in this Declaration
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`are purely my own, and were neither suggested not indicated in any way by
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`counsel or anyone other than myself. I confirmed with counsel my understanding
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`that the term “obvious” as used in the Petition addressed herein, and as a general
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`matter under United States law, refers to subject matter that would have occurred
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`to a Person of Ordinary Skill in the Art (POSITA) to which the ’526 Patent is
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`directed without inventive or creative thought. That which is obvious, it is my
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`understanding, flows naturally from the art and the education one of skill
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`practicing in that art would have had in the relevant time frame, which for the ’526
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`Patent is 2003.
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`IV. CLAIM CONSTRUCTION
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`25.
`
`I reviewed the comments in the Petition and Petitioner’s expert
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`Declaration, Ex-1004, pertaining to “construction of the claims” of the ’526 Patent.
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`My understanding is simply that, in the absence of a specific controversy, one
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`arrives at the appropriate “construction” or definition of what is embraced by the
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`claims of the ’526 Patent and what is excluded by those claims by a reading of the
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`’526 Patent and arriving at what, based on that reading, the inventor of the claimed
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`subject matter intended to protect as his invention.
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`7
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`V. OPINIONS
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`26. Petitioner presents two grounds under which claims of the ’526 Patent
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`are purportedly invalid. Petition, 1. In my opinion, as described below, Petitioner
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`has not established a reasonable basis to conclude that the ’526 Patent claims are
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`obvious.
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`A. Ground 1: Claims 1-3, 5-11, and 13-20 Are Not Obvious in View
`of Prust (Ex-1006) and Major (Ex-1007)
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`27. Petitioner contends that Claims 1-3, 5-11, and 13-20 are obvious in
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`view of Prust (Ex-1006) taken in view of Major (Ex-1007). Petition, 1. I disagree
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`for the reasons outlined below.
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`a. Claims 1 and 11: Copy-and-Paste with Web Browser Cache
`Does Not Disclose Utilizing Download Information Stored in
`Cache
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`
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`28. Petitioner (e.g., at pp. 10, 11, 35) argues that web browser cache along
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`with ‘copy-and-paste’ may be used to implement “utilizing download information
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`for the file stored in [the] cache” (’526, Claim 1, element [1d.1b]) (“utilizing
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`download information for the file stored in a cache storage of the wireless device”
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`in ’526, Claim 1). I disagree with these contentions for the reasons outlined in the
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`following sections.
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`29. For this declaration, I will assume Petitioner’s definition of the term
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`“out-of-band” (“out-band” in the ’526 specification) download. In summary, in
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`out-of-band download, a wireless device directs a storage server to download an
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`8
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`object (e.g., an image) to the storage server from a remote server that is separate
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`from the storage server and separate from the wireless device. To accomplish the
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`process, the wireless device sends the storage server a URL or address (termed
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`“download information” or “downloading information” in the ’526 Patent)
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`pointing to the object, and the storage server uses that URL or address to download
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`the object from the remote server to the storage server out-of-band (i.e., using a
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`connection between the storage server and the remote server, bypassing the
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`wireless device).
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`30.
`
`In describing out-of-band downloading, Petitioner states that “[t]he
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`’526 Patent discloses an “additional” technique for downloading a data object into
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`the storage space from a remote location “out-band.” Ex-1001 Fig. 3, 2:50–53,
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`5:1–10. A POSA would prefer the term-of-art “out-of-band,” signifying wireless
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`device 1 being outside the download path (i.e. path c). Ex-1004 ¶30.” Petition, p.
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`3. Petitioner then describes the steps involved in the out-of-band download: “In
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`step 1, using a web browser of wireless device 1, a user browses a page on web
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`server 15.” Petition, p. 4, emphasis in original. “In step 2, the wireless device
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`sends the download information to storage server 3 via path b.” Petition, p. 5,
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`emphasis in original. Path b is between the wireless device and the storage server.
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`“Step 3 use URL to download file to storage server” Petition, p. 4, emphasis in
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`original. “In step 4, the server uses the download information to download the
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`9
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`object via path c. ... In step 5, the storage server stores the object in the user’s
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`assigned storage space.” Petition, p. 5, emphasis in original. Path c is between the
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`storage server and the remote server.
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`31. Claim 1 and Claim 11 of the ’526 Patent address “download
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`information.”
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` Petitioner defines download information as URL.
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` “This
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`“information” would typically be a Uniform Resource Locator (“URL”) of a
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`hyperlink on the page. Ex-1004 ¶31; Ex-1020 461, 479; §V.B.1.” Petition, p. 4.
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`“The download information for the object is stored in “the cached web-pages on
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`the wireless device.” Ex-1001 5:13–17.” Petition, p. 4. For this declaration, I will
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`assume Petitioner’s definition of download information.
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`32. Claim 1 and Claim 11 of the ’526 Patent recite “cache storage.”
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`Petitioner defines cache storage as web browser cache. “For context, the ’526
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`Patent refers to “cache” just once: “cached web-pages.” Ex-1001 5:15. A POSA
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`understood that to refer to the web-cache of a conventional web-browser. Ex-1004
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`¶79.” Petition, p. 20. For this declaration, I will assume Petitioner’s definition of
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`cache storage.
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`33. Also, in this Declaration, I will use the terms “download information”
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`and “downloading information” interchangeably, will use the terms “browser
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`cache” and “web browser cache” interchangeably, and will use the terms
`
`“browser” and “web browser” interchangeably.
`
`
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`10
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`34. Petitioner assumes that element [1d.1] does not require that the
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`wireless device obtain the download information from cache storage as part of the
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`[1d.1] operation. My responses address both obtaining the download information
`
`from cache storage and not obtaining the download information from cache
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`storage.
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`35. Even though Major and Prust do not disclose copy-and-paste,
`
`Petitioner relies on copy-and-paste, contending that web-caching and copy-and-
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`paste were conventional. For example, Petitioner contends that “Web-caching and
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`copy-and-paste were well-known, conventional functions of web browsers.”
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`Petition, p. 10. Petitioner also contends that “User operations, such as copy-and-
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`paste, were well-known for remote storage, including out-of-band downloads.”
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`Petition, p. 12. Petitioner also contends that “for [1d.1b], while Prust taught
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`“utilizing” the URL (i.e. download information) in response to the user email as
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`claimed, Prust did not expressly describe that the URL was “stored in said cache
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`storage.” Ex-1004 ¶110. Nor did Prust explain how or where the user learned of
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`the desired file or its URL. Ex-1004 ¶110. But a POSA would have understood that
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`finding URLs and storing them in web-cache was an obvious use case of Prust’s
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`system that would have occurred as part of conventional web browsing. Ex-1004
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`¶110.” Petition, p. 32. By element [1d.1b], Petitioner refers to “through utilizing
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`download information for the file stored in said cache storage” in ’526 Claim 1.
`
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`11
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`

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`For the reasons outlined in the following sections, I disagree with these contentions
`
`by Petitioner.
`
`
`
`i. The ’526 Patent Does Not Teach Copy-and-Paste
`
`36. The ’526 Patent itself does not teach or even mention copy-and-paste.
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`Petitioner does not provide any evidence that the ’526 Patent discloses copy-and-
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`paste. In my opinion, the ’526 Patent does not even suggest copy-and-paste to a
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`POSITA.
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`
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`ii. Major Does Not Teach Copy-and-Paste
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`37. Major does not teach or even mention copy-and-paste. Petitioner does
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`not provide any evidence that Major discloses copy-and-paste. In my opinion,
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`Major does not even suggest copy-and-paste to a POSITA.
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`
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`iii. Prust Does Not Teach Copy-and-Paste
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`38. Prust does not teach or even mention copy-and-paste. Petitioner does
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`not provide any evidence that Prust discloses copy-and-paste. In my opinion, Prust
`
`does not even suggest copy-and-paste to a POSITA.
`
`39. Petitioner claims that “in 1999 industry stakeholders published the
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`Web Distributed Authoring and Versioning (WebDAV) protocol that specified
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`operations for remote file and folder management, including a “copy” operation for
`
`transferring data from one location on the Internet to another by identifying the
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`
`
`12
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`

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`source and destination URLs. Ex-1019 §8.8, Ex-1018 294, 303; Prust (Ex-1006)
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`5:63–65 (using the WebDAV protocol). Ex-1004 ¶63.” Petition, p. 12.
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`40.
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`I disagree with Petitioner’s conjecture that Prust implies copy-and-
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`paste (because Prust references WebDAV).
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`41. First, Petitioner’s WebDAV’s references (Ex-1018 and Ex-1019) do
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`not teach or even mention copy-and-paste. Petitioner and Petitioner’s expert
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`(including at Ex-1004 ¶63) do not provide any citations from Ex-1018 or Ex-1019
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`showing copy-and-paste. Indeed, Ex-1018 and Ex-1019 do not describe or detail
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`copy-and-paste.
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`42. Second, Petitioner relies on copy-and-paste for allegedly sending the
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`URL (download information) from the user to the storage server for use in out-of-
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`band transfer. The download information element of the ’526 Patent discloses
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`“utilizing download information for the file stored in said cache storage” (’526
`
`Claim 1) and “utilizing download information for the file stored in a cache storage
`
`of the wireless device” (’526 Claim 11). The download information (of the file to
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`be transferred out-of-band) is sent from the wireless client device to the storage
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`server, so that the storage server can then use that download information to transfer
`
`the data object (the file) from the remote server to the storage server out-of-band.
`
`43.
`
`In contrast to the ’526 Patent, WebDAV’s copy operation deals with
`
`transferring the file from the remote server to the storage server. WebDAV’s copy
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`
`
`13
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`

`

`operation does not describe that the download information (URL of the data
`
`object) is sent from the wireless client device to the storage server. In other words,
`
`the download information element of the ’526 Patent requires sending the URL of
`
`the content for out-of-band download, not the content itself as suggested in
`
`Petitioner’s WebDAV citation.
`
`iv. Major and Prust, Alone and/or in Combination, Do Not
`Teach Copy-and-Paste
`
`
`
`44. Since neither Major nor Prust teaches or mentions copy-and-paste, the
`
`combination of Major and Prust does not teach copy-and-paste.
`
`45. Furthermore, Petitioner provides no prior art evidence to support
`
`Petitioner’s theory of using the combination of web browser cache with copy-and-
`
`paste, relying instead on Petitioner’s expert whose opinions about using the
`
`combination of web browser cache and copy-and-paste are also unsupported by
`
`prior art evidence.
`
`v. The Steps of Using Copy-and-Paste from Web Browser
`Cache in Wireless Device Are Not Conventional and Not
`Obvious
`
`
`
`46. A POSITA would have known that using web browser cache along
`
`with copy-and-paste to purportedly implement utilizing download information for
`
`the file stored in the cache element (’526 Claim 1 element [1d.1b] and the
`
`corresponding element in Claim 11) would have involved the following eight steps
`
`(including six substeps) performed by the user:
`
`
`
`14
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`

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`47. Step 1: find a URL (the purported download information pointing to
`
`the data object) in a page on a remote server (Petitioner described this step at p. 34:
`
`“browsing the Internet to find URLs of files of interest”).
`
`48. Step 2: analyze the page to ensure that the page is cacheable (non-
`
`cacheable page will not be cached and will not meet the claim element – more
`
`about cacheable pages in subsequent sections) (Petitioner did not mention this
`
`step).
`
`49. Step 3: request the page using the client browser; the browser will
`
`render and display the page containing the URL; the browser will presumably store
`
`the page in the browser cache (if the page is cacheable), but, at this point, the page
`
`display is from the remote server, not from the browser cache.
`
`50. Step 4: request the page again from the client browser; the browser
`
`will presumably fetch the page from the browser cache (if the page was stored
`
`earlier in cache, has not expired, and has not been replaced) and then display the
`
`page; however, there is no guarantee that the page came from the browser cache,
`
`and the user cannot tell without further analysis if the page came from the cache
`
`(this step is needed only in the interpretation requiring obtaining the download
`
`information from cache storage).
`
`
`
`15
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`

`

`51. Step 5: display the URL of the data object within the page display.
`
`For the Blackberry device (BlackBerry 6510 User Guide (Ex-1014), p. 64), the
`
`substeps to show the web link address (URL) of the data object are:
`
`52. Step 5-A: on the Home screen, click a browser icon; the startup screen
`
`appears.
`
`53. Step 5-B: after selecting the link whose address (URL) is to be
`
`viewed, click the trackwheel to view the menu and click Link Address; the
`
`Address dialog box appears, displaying the web link address (URL).
`
`54. Step 6: copy (using the copy-and-paste mechanism) the URL from the
`
`page displayed by the web browser on the wireless client device. For the
`
`Blackberry device (BlackBerry 6510 User Guide (Ex-1014), p. 159), the copy
`
`operation substeps are:
`
`55. Step 6-A: press the Alt key and click the trackwheel to enter selection
`
`mode.
`
`56. Step 6-B: hold a Shift key and roll the trackwheel to select the next
`
`character, roll the trackwheel to select the line of text.
`
`57. Step 6-C: press the Alt key and click the trackwheel to copy the
`
`selected text or character.
`
`58. Step 6-D: press the Escape button to exit selection mode.
`
`
`
`16
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`

`

`59. Step 7: paste (using the copy-and-paste mechanism) the copied URL
`
`into an application running on the wireless client device (e.g., another browser
`
`page). For the Blackberry device, the paste operation substeps are: press a Shift
`
`key and click the trackwheel to paste the selected text or character.
`
`60. Step 8: send (using the application running on the wireless client
`
`device) the pasted URL to the storage server.
`
`61. The storage server can then use the URL to perform the out-of-band
`
`download of the data object (pointed to by the URL) from the remote server to the
`
`storage server.
`
`62. Step 4 is necessary for the interpretation that requires obtaining the
`
`download information from cache storage. Major describes that when the browser
`
`receives a page, the browser renders and displays the page as received from the
`
`remote server, rather than from cache. In other words, even though Major does not
`
`mention step 4, the user (in Major) must perform Step 4 (requesting the page again
`
`from the client browser) to ensure that the page (if cacheable) is from cache.
`
`“A method for rendering a page on a wireless communication device,
`in another aspect of the invention, comprises the steps of receiving
`the page over a wireless network, selecting a converter for the page,
`rendering the page to created a rendered page for display by a
`browser, and storing the rendered page in a page cache.” Major
`(Ex-1007), 6:1-5, emphasis added
`
`“At step 612 the content is rendered to create a page and at step
`614 the page is added to the page cache. Process 600 then returns at
`step 616.” Major (Ex-1007), 24:9-11, emphasis added
`
`
`
`17
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`

`

`
`
`63.
`
`In my opinion, the eight steps (including the six substeps) involved in
`
`using the web browser cache along with copy-and-paste in a wireless device to
`
`purportedly implement utilizing download information for the file stored in the
`
`cache element are not conventional and not obvious on their own and not
`
`conventional and not obvious in the context of out-of-band download.
`
`64. Furthermore, I note that even with these eight steps, there is no
`
`guarantee that the URL is from the browser cache.
`
`65. Even without obtaining the download information from cache storage,
`
`in my opinion, the remaining seven steps (including the six substeps) are not
`
`conventional and not obvious, especially in the context of out-of-band download.
`
`66. Furthermore, the combination and sequence of these steps are not
`
`disclosed in Prust, Major, Chaganti, or any of the other references cited by
`
`Petitioner.
`
`
`
`vi. The User (Not the Code) Performs the Copy-and-Paste
`
`67. The’526 Patent requires program code to cause the wireless device to
`
`perform the claim elements.
`
`68