UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`WORLDS INC.,
`Patent Owner.
`_____________________________
`
`Case No. IPR2015-01325
`Patent No. 8,145,998
`_____________________________
`
`SECOND DECLARATION OF MICHAEL ZYDA, D.SC.
`
`1
`
`MS 1033
`
`
`_____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________________
`
`BUNGIE, INC.,
`Petitioner,
`
`v.
`
`WORLDS INC.,
`Patent Owner.
`_____________________________
`
`Case No. IPR2015-01325
`Patent No. 8,145,998
`_____________________________
`
`SECOND DECLARATION OF MICHAEL ZYDA, D.SC.
`
`1
`
`MS 1033
`
`
`
`I, Michael Zyda, declare as follows:
`
`1.
`
`As discussed in my prior declaration (Ex. 1002), I have been retained
`
`by Bungie Inc. (“Bungie”) to serve as an expert witness and consultant in
`
`connection with these proceedings. I provide this declaration to clarify a point
`
`made in my prior declaration and raised during my deposition.
`
`2.
`
`Thomas Funkhouser’s article “RING: A Client-Server System for
`
`Multi-User Virtual Environments” (“Funkhouser,” Ex. 1005) described a virtual
`
`reality system utilizing a client-server architecture. Funkhouser was published in a
`
`collection of papers entitled “Proceedings of the 1995 Symposium on Interactive
`
`3D Graphics” (“1995 SI3D,” Ex. 1006).
`
`3.
`
`I understand that Bungie submitted an electronic copy of Funkhouser
`
`obtained from the ACM Digital Library as Exhibit 1005. I also understand that
`
`Bungie submitted a scan of the 1995 SI3D publication as Exhibit 1006.
`
`4.
`
`I understand that Patent Owner and the Board identified an error in
`
`my prior declaration with respect to a quote from Funkhouser. In particular, I
`
`quoted from a caption to Plate II that did not appear in the same form in Exhibits
`
`1005 and 1006. I understand that in its Institution Decisions, the Board did not find
`
`this error to be material and instituted trial. I also do not believe this error to be
`
`material, and it does not change my opinions with respect to unpatentability.
`
`5.
`
`I believe that my deposition testimony adequately clarified the record,
`
`by identifying how this error was made as well as why it does not change my
`
`opinions with respect to unpatentability. Nonetheless, I understand that Patent
`
`Owner has objected to that portion of my testimony as well as to the exhibit
`
`- 1 -
`
`2
`
`
`
`necessary to understand the nature of the error. Accordingly, I was asked to
`
`provide this declaration so that, if necessary, Patent Owner and the Patent Trial and
`
`Appeal Board will have a clear explanation of the matter.
`
`6.
`
`I have reviewed the document that Bungie has marked as
`
`Exhibit 1037. Based on my review, I believe Exhibit 1037 to be the version of
`
`Funkhouser that was submitted to me and the other organizers of the 1995 SI3D
`
`symposium prior to the conference.
`
`7.
`
`Once a paper has been accepted for publication, it is very common for
`
`the authors to make an electronic copy available on the internet. In addition to the
`
`electronic copy available from the ACM (Ex. 1005) and the physical book also
`
`available from the ACM or third-party resellers (Ex. 1006), Prof. Funkhouser has
`
`made electronic copies of his paper freely available on the internet.
`
`8.
`
`A simple Google search for the article title brings up a version of
`
`Funkhouser available on now-Prof. Funkhouser’s Princeton University website.
`
`The article can be downloaded from http://www.cs.princeton.edu/~funk/ring.html.
`
`I understand that an electronic copy of the article downloaded from that website is
`
`what has been marked as Exhibit 1037 by Bungie and served on Patent Owner.
`
`9.
`
`That Exhibit 1037 is the same as the copy of Funkhouser that was
`
`submitted to me and the other organizers of the 1995 SI3D symposium is
`
`consistent with metadata in the PostScript copy of the article available at
`
`www.cs.princeton.edu/~funk/symp95.ps.gz, which indicates that the PostScript file
`
`was generated from TeX (a typesetting program) output on December 19, 1994.
`
`- 2 -
`
`3
`
`
`
`Authors were required to submit final versions of articles for printing in the 1995
`
`SI3D publication around that time.
`
`10. Exhibit 1037, the copy of Funkhouser available from Prof.
`
`Funkhouser, is of higher quality than Exhibit 1005, the copy of Funkhouser
`
`available from the ACM Digital Library. As I understand the Board noted in its
`
`Institution Decisions, some of the stippling in Exhibit 1005 is difficult to make out.
`
`The stippling is much clearer in Exhibits 1006 and 1037. This is likely because
`
`Exhibit 1005 was scanned by the ACM from a paper document, causing some
`
`degradation in the conversion from analog paper to a digital file.
`
`11. Other than the quality of the copy and images, there appear to be two
`
`differences between Exhibit 1005 and Exhibit 1037.
`
`12. First, Exhibit 1005 contains the ACM copyright and permission to
`
`copy stamp in the lower left-hand corner. Exhibit 1037 contains a space for the
`
`stamp, but does not contain the stamp itself.
`
`13. This is consistent with Exhibit 1037 being the as-submitted version of
`
`Funkhouser, because the ACM copyright stamp is added by the ACM when the
`
`article is published.
`
`14. Second, Exhibit 1005 contains two color images together occupying
`
`approximately half a page, one inset within the other, and a single caption labeling
`
`the images “Plates I and II.” The other portion of the page contains images
`
`associated with a different paper. Exhibit 1037 contains the same color images, but
`
`they each are given their own half of a full page and separate captions labeling the
`
`- 3 -
`
`4
`
`
`
`images “Plate I” and “Plate II.” Consequently, the two captions in Exhibit 1037 are
`
`combined into a single caption in Exhibit 1005.
`
`15. Providing color pages in a published volume was a meaningful
`
`expense in 1995. Accordingly, the ACM would often limit the amount of space for
`
`color images allowed per article. It appears that this is what was done with
`
`Funkhouser: a full page of color images was consolidated into around half a page
`
`of color images (the other portion of the page containing images from a different
`
`article). Because the images were placed with one inset in the other, the captions
`
`also had to be combined into a single caption.
`
`16.
`
`I understand that Patent Owner identified my quotation of “only 14
`
`remote entities” from the caption to Plate II as not existing in Exhibits 1005 and
`
`1006, though it does appear in Exhibit 1037. As explained during my deposition,
`
`the modifications to the text of the caption in Exhibit 1005, from Exhibit 1037, the
`
`as-submitted publicly available version distributed by Prof. Funkhouser, are minor
`
`and do not affect my opinion regarding the unpatentability of the challenged
`
`claims. It is of no moment whether one particular client “must process updates,
`
`simulate behavior, and store surrogates for only 14 remote entities” or whether
`
`each client “must process update messages, simulate behavior, and store surrogates
`
`only for remote entities potentially visible to one of its local entities.” Compare
`
`Ex. 1037 at 09 with Ex. 1005 at 09. The substance of the disclosure of Funkhouser
`
`is the same.
`
`- 4 -
`
`5
`
`
`
`17.
`
`I have been unable to identify any substantive differences between
`
`Exhibits 1005 and 1037. To the extent there are any differences, they do not
`
`change my opinion that the challenged claims are unpatentable.
`
`18. Accordingly, my opinions with respect to the unpatentability of the
`
`challenged claims, as laid out in detail in my prior declaration and discussed during
`
`my deposition, remain unchanged.
`
`19.
`
`In signing this declaration, I understand that it may be filed as
`
`evidence in a contested case before the Patent Trial and Appeal Board of the
`
`United States Patent and Trademark Office. I acknowledge that I may be subject to
`
`cross-examination in this case and that cross-examination will take place within the
`
`United States. If cross-examination is required of me, I will appear for cross-
`
`examination within the United States during the time allotted for cross-
`
`examination.
`
`20.
`
`I declare that all statements made herein of my knowledge are true,
`
`and that all statements made on information and belief are believed to be true, and
`
`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
`
`Section 1001 of Title 18 of the United States Code.
`
`
`
`Dated: March 4, 2015
`
`
`By:
`
`
` / Michael Zyda /
`Michael Zyda, D.Sc.
`
`
`
`
`
`- 5 -
`
`6
`
`
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