IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`
`Petitioners,
`
`v.
`
`PACKET INTELLIGENCE LLC,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00337
`
`U.S. Patent No. 6,771,646
`
`____________
`
`DECLARATION OF JOSEPH EDELL IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 6,771,646
`
`EX 1083 Page 1
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`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`
`Petitioners,
`
`v.
`
`PACKET INTELLIGENCE LLC,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00337
`
`U.S. Patent No. 6,771,646
`
`____________
`
`DECLARATION OF JOSEPH EDELL IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 6,771,646
`
`EX 1083 Page 1
`
`
`
`
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`I, Joseph Edell, make the following declaration pursuant to 28 U.S.C. §1746:
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`1.
`
`2.
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`I am an attorney at the law firm of Fisch Sigler LLP.
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`I provide this declaration in connection with the above-identified inter
`
`partes review proceeding that is being request at the United States Patent and
`
`Trademark Office (“USPTO”) by Juniper Networks, Inc. and Palo Alto Networks,
`
`Inc. against Packet Intelligence LLC. Unless otherwise stated, the facts stated in
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`this declaration are based on my personal knowledge.
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`3.
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`Each of the following exhibits has been marked with an exhibit label
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`and page numbers on each page at the bottom right corner. However, no
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`alterations, other than these noted markings, have been made to each exhibit.
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`4.
`
`Exhibit 1001 is a true and correct copy of United States Patent No.
`
`6,651,099 to Russel S. Dietz, Joseph R. Maixner, Andrew A. Koppenhaver,
`
`William H. Bares, Haig A. Sarkissian, and James F. Torgerson, which was
`
`downloaded on or around August 8, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
`
`5.
`
`Exhibit 1002 is a true and correct copy of United States Patent No.
`
`6,665,725 to Russell S. Dietz, Andrew A. Koppenhaver and James F. Torgerson,
`
`which was downloaded on or around November 7, 2019, from the USPTO PAIR
`
`website, and which is a record of the USPTO to which all parties have access.
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`
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`EX 1083 Page 2
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`
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`6.
`
`Exhibit 1003 is a true and correct copy of United States Patent No.
`
`6,771,646 to Haig A. Sarkissian and Russel S. Dietz, which was downloaded on or
`
`around August 15, 2019, from the USPTO PAIR website, and which is a record of
`
`the USPTO to which all parties have access.
`
`7.
`
`Exhibit 1004 is a true and correct copy of United States Patent No.
`
`6,839,751 to Russell S. Dietz, Joseph R. Maixner, and Andrew A. Koppenhaver,
`
`which was downloaded on or around August 8, 2019, from the USPTO PAIR
`
`website, and which is a record of the USPTO to which all parties have access.
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`8.
`
`Exhibit 1005 is a true and correct copy of United States Patent No.
`
`6,954,789 to Russell S. Dietz, Joseph R. Maixner, Andrew A. Koppenhaver,
`
`William H. Bares, Haig A. Sarkissian, and James F. Torgerson, which was
`
`downloaded on or around August 8, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
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`9.
`
`Exhibit 1006 is a true and correct copy of the Declaration of Dr. Jon
`
`B. Weissman, which was received on February 2, 2020.
`
`10. Exhibit 1007 is a true and correct copy of the curriculum vitae of Dr.
`
`Weissman, which was received on or around October 8, 2019.
`
`11. Exhibit 1008 is a true and correct copy of United States Patent No.
`
`6,412,000 to Guy Riddle and Robert L. Packer, which was downloaded on or
`
`
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`EX 1083 Page 3
`
`
`
`
`
`around August 23, 2019, from the USPTO PAIR website, and which is a record of
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`the USPTO to which all parties have access.
`
`12. Exhibit 1009 is a true and correct copy of PCT Publication WO
`
`92/19054 to Engel Ferdinand, Kendall S. Jones, Kary Robertson, David M.
`
`Thompson, and Gerard White, which was downloaded on or around February 3,
`
`2020, from the World Intellectual Property Organization (“WIPO”) website, and
`
`which is a record of the WIPO to which all parties have access.
`
`13. Exhibit 1010 is a true and correct copy of a document, which was
`
`downloaded at my direct on or around November 7, 2019, from
`
`https://tools.ietf.org/, titled RFC 1945 - Hypertext Transfer Protocol -- HTTP/1.0.
`
`14. Exhibit 1011 is a true and correct copy of United States Patent No.
`
`6,625,150 to JungJi John Yu, which was downloaded on or around November 25,
`
`2019, from the USPTO PAIR website, and which is a record of the USPTO to
`
`which all parties have access.
`
`15. Exhibit 1012 is a true and correct copy of United States Provisional
`
`Patent Application No. 60/112,859 to JungJi John Yu, which was downloaded on
`
`or around December 5, 2019, from the USPTO PAIR website, and which is a
`
`record of the USPTO to which all parties have access.
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`16. Exhibit 1013 is a true and correct copy of PCT Publication WO
`
`97/23076 to Peter D. Baker, which was downloaded on or around February 3,
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`
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`EX 1083 Page 4
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`
`
`
`
`2020, from the World Intellectual Property Organization (“WIPO”) website, and
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`which is a record of the WIPO to which all parties have access
`
`17. Exhibit 1014 is a true and correct copy of United States Patent No.
`
`5,740,175 to Laurence N. Wakeman and Roy T. Myers, Jr., which was downloaded
`
`on or around August 23, 2019, from the USPTO PAIR website, and which is a
`
`record of the USPTO to which all parties have access.
`
`18. Exhibit 1015 is a true and correct copy of United States Patent No.
`
`5,805,808 to Santosh K. Hasani, Satish L. Rege, and Mark F. Kempf, which was
`
`downloaded on or around October 2, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
`
`19. Exhibit 1016 is a true and correct copy of United States Provisional
`
`Patent Application No. 60/141,903 to Russel S. Dietz, Joseph R. Maixner, Andrew
`
`A. Koppenhaver, William H. Bares, and Haig A. Sarkissian, which was
`
`downloaded on or around August 30, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
`
`20. Exhibit 1017 is a true and correct copy of the file history for United
`
`States Patent No. 6,651,099 to Russell Dietz, Joseph Maixner, Andrew
`
`Koppenhaver, and William Bares, which was downloaded on or around August 15,
`
`2019, from the USPTO PAIR website, and which is a record of the USPTO to
`
`which all parties have access.
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`
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`EX 1083 Page 5
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`
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`21. Exhibit 1018 is a true and correct copy of the file history for United
`
`States Patent No. 6,665,725 to Russell Dietz, Andrew Koppenhaver, and James
`
`Torgerson, which was downloaded on or around August 15, 2019, from the
`
`USPTO PAIR website, and which is a record of the USPTO to which all parties
`
`have access.
`
`22. Exhibit 1019 is a true and correct copy of the file history for United
`
`States Patent No. 6,771,646 to Haig Sarkissian and Russell Dietz, which was
`
`downloaded on or around August 15, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
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`23. Exhibit 1020 is a true and correct copy of the File History for United
`
`States Patent No. 6,771,646 – February 10, 2004, Response to Office Action
`
`(Packet Intelligence LLC, v. Netscout Systems, Inc. et al., E.D. Tex. Case No. 2:16-
`
`CV-230-JRG, Docket Item 57-2 (Defendant’s Responsive Claim Construction
`
`Brief Exhibit A) (February 3, 2017)), and is a record to which all parties in this
`
`proceeding have access. This exhibit does not appear to contain confidential
`
`information.
`
`24. Exhibit 1021 is a true and correct copy of the file history for United
`
`States Patent No. 6,839,751 to Russell Dietz, Joseph Maixner, and Andrew
`
`Koppenhaver, which was downloaded on or around August 15, 2019, from the
`
`
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`EX 1083 Page 6
`
`
`
`
`
`USPTO PAIR website, and which is a record of the USPTO to which all parties
`
`have access.
`
`25. Exhibit 1022 is a true and correct copy of the file history for United
`
`States Patent No. 6,954,789 to Russell S. Dietz, Joseph R. Maixner, Andrew A.
`
`Koppenhaver, William H. Bares, Haig A. Sarkissian, and James F. Torgerson,
`
`which was downloaded on or around September 9, 2019, from the USPTO PAIR
`
`website, and which is a record of the USPTO to which all parties have access.
`
`26. Exhibit 1023 is a true and correct copy of the Certified Translation of
`
`German Federal Patent Court Nos. 2Ni 26/16 (EP) and 2(Ni 46/16) (July 12, 2018)
`
`(Nokia Corp. et al. v. Packet Intelligence, LLC, No. IPR2017-01290, Exhibit 1029
`
`(July 1, 2019)), which was downloaded on or around September 9, 2019, from the
`
`USPTO PTAB website, and which is a record to which all parties in this
`
`proceeding have access. This exhibit does not appear to contain confidential
`
`information.
`
`27. Exhibit 1024 is a true and correct copy of United States Provisional
`
`Patent Application No. 60/066,864 to Guy Riddle and Robert L. Packer, which was
`
`downloaded on or around August 23, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
`
`28. Exhibit 1025 is a true and correct copy of a document created at my
`
`direction that compares the specification of United States Patent No. 6,412,000 to
`
`
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`EX 1083 Page 7
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`
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`
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`Guy Riddle and Robert L. Packer (Ex. 1008) to the specification of United States
`
`Provisional Patent Application No. 60/066,864 to (Ex. 1024) using track changes.
`
`29. Exhibit 1026 is a true and correct copy of a claim chart created at my
`
`direction that compares claims 1, 8, and 11 of United States Patent No. 6,412,000
`
`to Guy Riddle and Robert L. Packer (Ex. 1008) to the specification of United
`
`States Provisional Patent Application No. 60/066,864 (Ex. 1024).
`
`30. Exhibit 1027 is a true and correct copy of the file history for United
`
`States Patent Application No. 08/977,642 to Robert L. Packer, which was
`
`downloaded on or around October 4, 2019, from the USPTO PAIR website, and
`
`which is a record of the USPTO to which all parties have access.
`
`31. Exhibit 1028 is a true and correct copy of the file history for United
`
`States Patent Application No. 09/198,051 to Guy Riddle, which was downloaded
`
`on or around October 4, 2019, from the USPTO PAIR website, and which is a
`
`record of the USPTO to which all parties have access.
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`32. Exhibit 1029 is a true and correct copy of United States Patent No.
`
`5,802,106 to Robert L. Packer, which was downloaded on or around August 23,
`
`2019, from the USPTO PAIR website, and which is a record of the USPTO to
`
`which all parties have access.
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`33. Exhibit 1030 is a true and correct copy of United States Patent No.
`
`6,038,216 to Robert L. Packer, which was downloaded on or around November 7,
`
`
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`EX 1083 Page 8
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`
`
`
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`2019, from the USPTO PAIR website, and which is a record of the USPTO to
`
`which all parties have access.
`
`34. Exhibit 1031 is a true and correct copy of United States Patent No.
`
`6,046,980 to Robert L. Packer, which was downloaded on or around August 22,
`
`2019, from the USPTO PAIR website, and which is a record of the USPTO to
`
`which all parties have access.
`
`35. Exhibit 1032 is a true and correct copy of an article, which was
`
`downloaded at my direction on or around August 23, 2019 from Factiva, a Dow
`
`Jones and Reuters Company titled PointCast Inc. is Testing a New Screen-Saver
`
`Product, The Wall Street Journal (April 15, 1996).
`
`36. Exhibit 1033 is a true and correct copy of an article, which was
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`downloaded at my direction on or around November 26, 2019 from
`
`Computerworld.com titled Gillin, Paul. Editorial, Computer World (May 13,
`
`1996).
`
`37. Exhibit 1034 is a true and correct copy of an article, which was
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`downloaded at my direction on or around November 26, 2019 from ProQuest
`
`(Daniel Sneider), titled Redefining News in the Era of Internet By Blending Print
`
`and Television, Silicon Valley Start-up Shakes up Traditional View of News, The
`
`Christian Science Monitor (June 26, 1996).
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`
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`EX 1083 Page 9
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`
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`38. Exhibit 1035 is a true and correct copy of an SEC filing, which was
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`downloaded at my direction on or around October 24, 2019 from NASDAQ
`
`website titled Securities and Exchange Commission, Form S-1 Registration
`
`Statement Under the Securities Act of 1933, PointCast Incorporated, and which is
`
`a record of the SEC to which all parties have access.
`
`39. Exhibit 1036 is a true and correct copy of the file history for United
`
`States Patent No. 6,807,558 to Gregory P. Hassett, Jason Douglas, and Max
`
`Mancini, which was downloaded on or around August 26, 2019, from the USPTO
`
`PAIR website, and which is a record of the USPTO to which all parties have
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`access.
`
`40. Exhibit 1037 is a true and correct copy of a document, which was
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`downloaded at my direct on or around October 2, 2019, from https://tools.ietf.org/,
`
`titled RFC 765 – File Transfer Protocol.
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`41. Exhibit 1038 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 7, 2019, from
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`https://tools.ietf.org/, titled RFC 791 – Internet Protocol.
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`42. Exhibit 1039 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 7, 2019, from
`
`https://tools.ietf.org/, titled RFC 793 – Transmission Control Protocol.
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`
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`EX 1083 Page 10
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`
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`43. Exhibit 1040 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 13, 2019, from
`
`https://tools.ietf.org/, titled RFC 1543 – Instructions to RFC Authors.
`
`44. Exhibit 1041 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 7, 2019, from
`
`https://tools.ietf.org/, titled RFC 2026 – The Internet Standards Process – Revision
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`3.
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`45. Exhibit 1042 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 7, 2019, from
`
`https://tools.ietf.org/, titled RFC 2616 – Hypertext Transfer Protocol – HTTP/1.1.
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`46. Exhibit 1043 is a true and correct copy of a document, which was
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`downloaded at my direct on or around November 13, 2019, from https://iso.org/
`
`titled International Standard ISO/IEC 7498 – Information Processing Systems –
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`Open Systems Interconnection – Basic Reference Model – Part 4: Management
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`Framework (Nov. 15, 1989).
`
`47. Exhibit 1044 is a true and correct copy of a document receiving on or
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`around November 14, 2019, from https://archive.org/ titled Affidavit of
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`Christopher Butler.
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`
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`EX 1083 Page 11
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`48. Exhibit 1045 is a true and correct copy of a document receiving on or
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`around November 14, 2019, from https://archive.org/ titled Affidavit of
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`Christopher Butler.
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`49. Exhibit 1046 is a true and correct copy of a document receiving on or
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`around December 13, 2019 from https://archive.org/ titled Affidavit of Christopher
`
`Butler.
`
`50. Exhibit 1047 is a true and correct copy of a chart created at my
`
`direction that compares the specification United States Patent No. 6,625,150 to
`
`JungJi John Yu (Ex. 1011) to the specification of United States Provisional Patent
`
`Application No. 60/112,859 (Ex. 1012).
`
`51. Exhibit 1048 is a true and correct copy of a claim chart created at my
`
`direction that compares claim 1 of United States Patent No. 6,625,150 to JungJi
`
`John Yu (Ex. 1011) to the specification of United States Provisional Patent
`
`Application No. 60/112,859 (Ex. 1012).
`
`52. Exhibit 1049 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00769, Paper No. 10 (Opposition to Request for
`
`Rehearing) (September 15, 2017), and is a record to which all parties in this
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`proceeding have access. This exhibit does not appear to contain confidential
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`information.
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`
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`EX 1083 Page 12
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`53. Exhibit 1050 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00450, Paper No. 6 (Preliminary Response) (April
`
`28, 2017), and is a record to which all parties in this proceeding have access. This
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`exhibit does not appear to contain confidential information.
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`54. Exhibit 1051 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00451, Paper No. 6 (Preliminary Response) (April
`
`28, 2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`55. Exhibit 1052 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00629, Paper No. 6 (Preliminary Response) (April
`
`28, 2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`56. Exhibit 1053 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00630, Paper No. 6 (Preliminary Response) (April
`
`28, 2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`57. Exhibit 1054 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00769, Paper No. 6 (Preliminary Response) (April
`
`28, 2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
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`EX 1083 Page 13
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`58. Exhibit 1055 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00862, Paper No. 6 (Preliminary Response) (June
`
`5, 2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`59. Exhibit 1056 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00450, Paper No. 8 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
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`does not appear to contain confidential information.
`
`60. Exhibit 1057 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00451, Paper No. 8 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`61. Exhibit 1058 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00629, Paper No. 8 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`62. Exhibit 1059 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00630, Paper No. 9 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
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`does not appear to contain confidential information.
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`
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`EX 1083 Page 14
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`63. Exhibit 1060 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00769, Paper No. 8 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`64. Exhibit 1061 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00862, Paper No. 8 (Decision) (July 26, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`65. Exhibit 1062 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00863, Paper No. 6 (Decision) (August 31, 2017),
`
`and is a record to which all parties in this proceeding have access. This exhibit
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`does not appear to contain confidential information.
`
`66. Exhibit 1063 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00863, Paper No. 8 (Notice of Abandonment)
`
`(Dec. 1, 2017), and is a record to which all parties in this proceeding have access.
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`This exhibit does not appear to contain confidential information.
`
`67. Exhibit 1064 is a true and correct copy of Sandvine Corp. v. Packet
`
`Intelligence, LLC, No. IPR2017-00863, Paper No. 9 (Adverse Judgment) (Dec. 20,
`
`2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
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`EX 1083 Page 15
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`68. Exhibit 1065 is a true and correct copy of Nokia Corp. v. Packet
`
`Intelligence, LLC, No. IPR2019-01289, EX1006 (Declaration of Dr. Kevin Jeffay),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`69. Exhibit 1066 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`55-21 (Packet Intelligence Technology Tutorial) (January 20, 2017), and is a
`
`record to which all parties in this proceeding have access. This exhibit does not
`
`appear to contain confidential information.
`
`70. Exhibit 1067 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`66 (Claim Construction Memorandum and Order) (March 14, 2017), and is a
`
`record to which all parties in this proceeding have access. This exhibit does not
`
`appear to contain confidential information.
`
`71. Exhibit 1068 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`244 (Transcript of Proceedings held Oct. 10, 2017 AM Session) (October 17,
`
`2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
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`EX 1083 Page 16
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`72. Exhibit 1069 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`250 (Transcript of Proceedings held Oct. 12, 2017 PM Session) (October 17,
`
`2017), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`73. Exhibit 1070 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`314 (NetScout’s JMOL of No Infringement) (October 5, 2018), and is a record to
`
`which all parties in this proceeding have access. This exhibit does not appear to
`
`contain confidential information.
`
`74. Exhibit 1071 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`314-1 (Declaration of Michael Lyons) (October 5, 2018), and is a record to which
`
`all parties in this proceeding have access. This exhibit does not appear to contain
`
`confidential information.
`
`75. Exhibit 1072 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`314-4 (Excerpts of Russell Dietz’s Demonstrative Slides) (October 5, 2018), and is
`
`a record to which all parties in this proceeding have access. This exhibit does not
`
`appear to contain confidential information.
`
`
`
`EX 1083 Page 17
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`
`
`
`
`76. Exhibit 1073 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`323-1 (Declaration of Steven Udick) (October 26, 2018), and is a record to which
`
`all parties in this proceeding have access. This exhibit does not appear to contain
`
`confidential information.
`
`77. Exhibit 1074 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`323-2 (Excerpts from Dr. Kevin Almeroth’s Direct Testimony Demonstrative
`
`Slides) (October 26, 2018), and is a record to which all parties in this proceeding
`
`have access. This exhibit does not appear to contain confidential information.
`
`78. Exhibit 1075 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`324-1 (Declaration of Sadaf R. Abdullah) (October 26, 2018), and is a record to
`
`which all parties in this proceeding have access. This exhibit does not appear to
`
`contain confidential information.
`
`79. Exhibit 1076 is a true and correct copy of Packet Intelligence LLC, v.
`
`NetScout Systems, Inc. et al., E.D. Tex. Case No. 2:16-CV-230-JRG, Docket Item
`
`324-2 (Dr. Kevin Almeroth’s Rebuttal Testimony Demonstrative Slides) (October
`
`26, 2018), and is a record to which all parties in this proceeding have access. This
`
`exhibit does not appear to contain confidential information.
`
`
`
`EX 1083 Page 18
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`
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`
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`80. Exhibit 1077 is a true and correct copy of Packet Intelligence LLC, v.
`
`Ericsson Inc. et al., E.D. Tex. Case No. 2:18-CV-00381-JRG, Docket Item 74
`
`(Joint Claim Construction and Prehearing Statement) (June 7, 2019), and is a
`
`record to which all parties in this proceeding have access. This exhibit does not
`
`appear to contain confidential information.
`
`81. Exhibit 1078 is a true and correct copy of Packet Intelligence LLC, v.
`
`Cisco Systems, Inc., E.D. Tex. Case No. 2:14-CV-252-JRG, Docket Item 89
`
`(Packet Intelligence LLC’s Opening Claim Construction Brief) (January 26, 2015),
`
`and is a record to which all parties in this proceeding have access. This exhibit
`
`does not appear to contain confidential information.
`
`82. Exhibit 1079 is a true and correct copy of Palo Alto Networks, Inc. v.
`
`Packet Intelligence LLC, N.D. Cal. Case No. 3:19-cv-02471, Joint Claim
`
`Construction and Prehearing Statement (December 17, 2019), and is a record to
`
`which all parties in this proceeding have access. This exhibit does not appear to
`
`contain confidential information.
`
`83. Exhibit 1080 is a true and correct copy of the Patent Trial and Appeal
`
`Board Consolidated Trial Practice Guide (November 2019) which was downloaded
`
`on or around December 13, 2019, from the USPTO website, and which is a record
`
`of the USPTO to which all parties have access.
`
`
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`EX 1083 Page 19
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`
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`84.
`
`Exhibit 1081 is a true and correct copy of a chart created at my
`
`direction of third-parties’ previously-proposed terms potentially subject to 35
`
`U.S.C. § 112(6) and each terms purportedly corresponding structure.
`
`85.
`
`Exhibit 1082 is a true and correct copy of a table created at my
`
`direction that compares claims 1, 10, and 17 of United States Patent No. 6,665,725
`
`to Russell S. Dietz, Andrew A. Koppenhaver, and James F. Torgerson.
`
`86.
`
`I hereby declare that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, or both, under 18 U.S.C. 1001.
`
`87.
`
`I declare under penalty of perjury that the foregoing is true and
`
`correct.
`
`Date: February 3, 2020
`
`____________________
`Joseph Edell
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`EX 1083 Page 20
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`
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