IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ESTECH SYSTEMS, INC.,
`Plaintiff,
`
`v.
`
`TARGET CORPORATION,
`PLAINSCAPITAL BANK,
`BOKF, NATIONAL ASSOCIATION,
`BBVA USA,
`WELLS FARGO & COMPANY, AND
`WELLS FARGO BANK, N.A.,
`REGUS MANAGEMENT GROUP, LLC,
`Defendants.
`
`
`C.A. 2:20-cv-00123-JRG (lead case)
`JURY TRIAL DEMANDED
`
`C.A. 2:20-cv-00122-JRG
`C.A. 2:20-cv-00126-JRG
`C.A. 2:20-cv-00127-JRG
`C.A. 2:20-cv-00128-JRG
`C.A. 2:20-cv-00143-JRG
`
`
`
`DEFENDANTS TARGET CORPORATION, PLAINSCAPITAL BANK, BOKF,
`NATIONAL ASSOCIATION, BBVA USA, WELLS FARGO & COMPANY, AND
`WELLS FARGO BANK, N.A., AND REGUS MANAGEMENT GROUP, LLC’S
`INVALIDITY CONTENTIONS
`
`
`
`
`
`
`
`Ex. 2004
`Cisco Systems, Inc. v. Estech Systems, Inc.
`
`

`

`Contents
`
`
`I. 
`
`II. 
`
`RESERVATIONS............................................................................................................... 1 
`A. 
`General Reservations .............................................................................................. 1 
`B. 
`Ongoing Discovery ................................................................................................. 2 
`C. 
`Claim Construction ................................................................................................. 5 
`D. 
`Estech’s Infringement Contentions ......................................................................... 6 
`E. 
`The Intrinsic Record ............................................................................................... 7 
`F. 
`Contextual Evidence ............................................................................................... 7 
`G. 
`Invalidity Under Section 102(f) Prior Art ............................................................... 8 
`H. 
`Priority and Effective Filing Date ........................................................................... 8 
`I. 
`No Patentable Weight ............................................................................................. 9 
`IDENTIFICATION OF PRIOR ART ............................................................................... 10 
`A. 
`Prior Art Patents and Published Applications ....................................................... 11 
`B. 
`Prior Art Non-Patent Literature References ......................................................... 11 
`C. 
`Prior Art Offered For Sale and/or Publicly Used or Known ................................ 11 
`D. 
`Admitted Prior Art ................................................................................................ 18 
`PRIOR ART CLAIM CHARTS ....................................................................................... 19 
`PRIOR ART UNDER 35 U.S.C. § 102 THAT ANTICIPATES THE ASSERTED
`CLAIMS OF THE ASSERTED PATENTS ..................................................................... 20 
`PRIOR ART UNDER 35 U.S.C. § 103 THAT RENDERS OBVIOUS THE ASSERTED
`CLAIMS OF THE ASSERTED PATENTS ..................................................................... 23 
`A. 
`Motivation for Combining Identified Prior Art .................................................... 23 
`INVALIDITY UNDER 35 U.S.C. § 112(¶1/a) ................................................................ 32 
`VI. 
`INVALIDITY UNDER 35 U.S.C. § 112(¶2/b) ................................................................ 40 
`VII. 
`VIII.  ACCOMPANYING DOCUMENT PRODUCTION ....................................................... 41 
`
`
`III. 
`IV. 
`
`V. 
`
`
`
`i
`
`

`

`
`
`Pursuant to Rule 3-3 of the Local Patent Rules of the Eastern District of Texas and the
`
`Court’s Docket Control Order (Dkt. No. 66), Defendants Target Corporation, PlainsCapital Bank,
`
`BOKF, National Association, BBVA USA, Wells Fargo & Company, Wells Fargo Bank, N.A.,
`
`and Regus Management Group, LLC (collectively “Defendants”) provide Plaintiff Estech
`
`Systems, Inc. (“Plaintiff” or “Estech”) with notice of their collective Invalidity Contentions (the
`
`“Invalidity Contentions”) with respect to those claims asserted against Defendants by Estech in its
`
`July 6, 2020, Initial Disclosure of Asserted Claims and Infringement Contentions and its July 16,
`
`2020, Amended Disclosure of Asserted Claims and Infringement Contentions, collectively
`
`alleging infringement of claims 1–5 and 7–12 of U.S. Patent No. 8,391,298 (the “’298 Patent”);
`
`claims 29–41 of U.S. Patent No. 7,068,684 (the “’684 Patent”); claims 1 and 2 of U.S. Patent No.
`
`7,123,699 (the “’699 Patent”); and claims 1–3 and 6–8 of U.S. Patent No. 6,067,349 (the “’349
`
`Patent”) (the “Asserted Patents” and the “Asserted Claims”).
`
`I.
`
`RESERVATIONS
`A.
`
`General Reservations
`
`Defendants rely on and incorporate by reference, as if originally set forth herein, all
`
`invalidity or unenforceability positions, and all associated prior art and arguments, raised during
`
`the prosecution of the Asserted Patents. Moreover, Defendants reserve the right, to the extent
`
`permitted by the Court and the applicable statutes and rules, to supplement these Invalidity
`
`Contentions based on prior art currently known to Estech, including documents responsive to the
`
`mandatory disclosures contained in the Court’s Discovery Order (Dkt. No. 67)1 and prior art
`
`identified or provided to Estech by any third party. Defendants also reserve the right to rely on
`
`evidence of the state of the art at the pertinent time to inform certain interpretations of the prior art
`
`
`1 Docket citations herein are to the lead case, with docket number EDTX-2:20-cv-00123.
`
`1
`
`

`

`
`
`and/or to inform how a person of ordinary skill in the relevant art would understand certain prior
`
`art disclosures. Defendants further reserve the right to rely on Patents owned by or assigned to
`
`Estech Systems, Inc.
`
`Consistent with Patent Rule 3-6, Defendants reserve the right to amend these Invalidity
`
`Contentions as permitted by the Court. Defendants reserve the right to amend or supplement these
`
`Invalidity Contentions and the corresponding document production should Estech: 1) provide any
`
`information that it failed to provide in its Patent Rule 3-1 and 3-2 disclosures; 2) amend its Patent
`
`Rule 3-1 or 3-2 disclosures in any way; or 3) attempt to rely on any information at trial, in a hearing
`
`or during a deposition which it failed to provide in its Patent Rule 3-1 and 3-2 disclosures.
`
`Defendants provide the information below, as well as the accompanying production of
`
`documents, for the sole purpose of complying with Patent Rules 3-3 and 3-4. The information
`
`provided shall not be deemed an admission regarding the scope of any claims or the proper
`
`construction of those claims or any terms contained therein. Nothing contained in these Invalidity
`
`Contentions should be understood or deemed to be an express or implied admission or contention
`
`with respect to the proper construction of any terms in the Asserted Claims, or with respect to the
`
`alleged infringement of the Asserted Claims.
`
`B.
`
`Ongoing Discovery
`
`Limited discovery has occurred to date and Defendants continue their searches for, and
`
`analyses of, relevant prior art. Defendants reserve the right to revise, amend, and/or supplement
`
`the information provided herein, including identifying, charting, and relying on additional
`
`references should Defendants’ further searches and analyses yield additional information or
`
`references, consistent with the Local Patent Rules and the Federal Rules of Civil Procedure.
`
`Defendants’ Invalidity Contentions are based on information reasonably available as of the
`
`date of these Invalidity Contentions. Because discovery is ongoing Defendants expressly reserve
`
`2
`
`

`

`
`
`the right to clarify, alter, amend, modify, or supplement these Invalidity Contentions, to identify
`
`additional prior art, and to rely on additional information, documents, tangible things, and
`
`testimony obtained during discovery, including discovery obtained from third parties. For
`
`example, prior art not included in these Invalidity Contentions, whether or not known to
`
`Defendants at this time, may become relevant depending on the positions Estech asserts and the
`
`claim constructions the Court adopts.
`
`Discovery is in its infancy and is ongoing, and Defendants’ prior art investigation and third-
`
`party discovery are not yet complete. Defendants reserve the right to present additional items of
`
`prior art under 35 U.S.C. §§ 102(a), (b), (e),2 and/or (g), and/or 103 located during the course of
`
`discovery or further investigation and the right to provide additional charts specifying further
`
`theories of invalidity. For example, Defendants may issue subpoenas to third parties believed to
`
`have knowledge, documentation, and/or corroborating evidence concerning some of the prior art
`
`listed herein and/or additional prior art. These third parties include without limitation the authors,
`
`inventors, or assignees of the references listed in these Invalidity Contentions. For example, for
`
`any given company’s commercial products, Defendants anticipate that additional documentation
`
`relating to these products will be discovered, and Defendants reserve the right to rely on such
`
`documentation to further support these Invalidity Contentions. In addition, Defendants reserve the
`
`right to assert invalidity under 35 U.S.C. § 102(c), (d), or (f) to the extent that discovery or further
`
`investigation yield information forming the basis for such invalidity.
`
`Similarly, Defendants have not had the opportunity to take any depositions of the inventors
`
`named on the face of the Asserted Patents or other persons having relevant information.
`
`
`2 To the extent applicable for a given Asserted Patent, based on that patent’s earliest possible
`effective priority date.
`
`3
`
`

`

`
`
`Defendants reserve the right to revise, amend or supplement these Invalidity Contentions pursuant
`
`to Federal Rule of Civil Procedure 26(e) and the Local Rules to the extent appropriate in light of
`
`further investigation and discovery regarding the defenses, the review and analysis of expert
`
`witnesses, or supplemental disclosures or contentions by Estech.
`
`Defendants accordingly reserve the right to modify these Invalidity Contentions by adding
`
`or withdrawing prior art and/or modifying any of the referenced claim charts in light of the Court’s
`
`claim construction ruling, any amended or supplemental infringement contentions by Estech, any
`
`party admissions or admissions by any named inventor concerning the scope of the claims or
`
`teachings of the prior art, or any positions taken by Estech in this or related litigation, covered-
`
`business method review, reexamination, or other proceeding, or to avoid unfair prejudice from
`
`Estech’s failure to timely comply with its disclosure obligations. Furthermore, additional
`
`obviousness combinations of the references identified in these Invalidity Contentions are possible,
`
`and Defendants reserve the right to use any such combination(s) in this case. In particular,
`
`Defendants are currently unaware of the extent, if any, to which Estech will contend that
`
`limitations of the claims at issue are not disclosed in the art identified by Defendants as
`
`anticipatory, and the extent to which Estech will contend that elements not disclosed in the
`
`specifications of the Asserted Patents and related applications would have been known to persons
`
`of ordinary skill in the art at the relevant time. To the extent that an issue arises with any such
`
`limitations, Defendants reserve the right to identify other references that would have made such
`
`limitations obvious in view of the relevant disclosures.
`
`Additionally Defendants reserve the right to rely on Patents owned by or assigned to Estech
`
`Systems, Inc. for additional theories of invalidity and/or obviousness, in particularly to the extent
`
`Estech’s assertions of infringement here expand the Patents-in-Suit beyond their permissible claim
`
`4
`
`

`

`
`
`scope. A number of the several Patents owned by or assigned to Estech Systems, Inc. (including
`
`patents not asserted in the instant action) are subject to terminal disclaimers. Defendants reserve
`
`the right to challenge any of the Asserted Patents as invalid due to obviousness-type double
`
`patenting in view of Estech’s own patent filings. Defendants also expressly incorporate the
`
`disclosure of any Estech patent which contains subject matter added after the earliest effective date
`
`of any of the Asserted Claims as applicant admitted prior art to the Asserted Claims, either as part
`
`of a combination (such as identified below) or to provide evidence as to the state of the art as of
`
`the earliest effective filing date of any of the Asserted Claims.
`
`Defendants also reserve the right to revise their ultimate contentions concerning the
`
`invalidity of the Asserted Claims of the Asserted Patents, which may change depending on any
`
`findings as to the priority date of those claims and/or positions that Estech or expert witness(es)
`
`may take concerning infringement and/or invalidity issues.
`
`C.
`
`Claim Construction
`
`Defendants do not waive the right to contest any claim constructions or to take positions
`
`during claim construction proceedings that have yet to occur that may be inconsistent with the
`
`Invalidity Contentions herein. Consequently, Defendants also reserve the right to amend or
`
`supplement these Invalidity Contentions in the event that the claims are construed differently at
`
`some point in the future, in accordance with Patent Rule 3-6.
`
`Defendants do not necessarily adopt Estech’s positions on the scope or construction of the
`
`claims. In certain instances, Defendants have applied the claims to the prior art in view of Estech’s
`
`allegations, admissions, or positions for purposes of these Invalidity Contentions only. As such,
`
`Defendants’ Invalidity Contentions are not adoptions or admissions by Defendants as to the
`
`accuracy of Estech’s allegations, admissions, or positions. Accordingly, these Invalidity
`
`5
`
`

`

`
`
`Contentions are made in the alternative, are not necessarily intended to be consistent with each
`
`other or other contentions, and should not be otherwise construed.
`
`Defendants expressly reserve the right to take positions with respect to future claim
`
`construction or infringement issues that are inconsistent with, or even contradictory to, the claim
`
`construction or infringement positions expressed or implied in the Invalidity Contentions set forth
`
`herein.
`
`D.
`
`Estech’s Infringement Contentions
`
`Estech’s disclosures under Patent Rules 3-1 and 3-2 are incomplete or deficient in
`
`numerous respects. For example, Estech has not yet specifically identified where each software
`
`element of each claim is found within each Accused Instrumentality as required by Patent Rule 3-
`
`1 and paragraph 3(a)(i) of this Court’s Discovery Order (Dkt. No. 67). The lack of detail in
`
`Estech’s Infringement Contentions has impaired Defendants’ ability to prepare these Invalidity
`
`Contentions by forcing Defendants to speculate as to Estech’s actual position on Defendants’
`
`alleged infringement (and the attendant claim scope ascribable to the Asserted Claims). Therefore,
`
`these Invalidity Contentions are based in whole or in part on the present understanding of the
`
`Asserted Claims and Estech’s apparent positions as to the scope of the Asserted Claims as applied
`
`in its P.R. 3-1 disclosures. Defendants further reserve the right to modify or add additional
`
`contentions in light of any amendment made by Estech under Local Patent Rule 3-6 or paragraph
`
`3(a)(i) of this Court’s Discovery Order. Furthermore, any such amendment may lead to further
`
`grounds for invalidity, and Defendants specifically reserve the right to modify, amend, or
`
`supplement their Invalidity Contentions as Estech modifies, amends, or supplements its
`
`disclosures under Patent Rules 3-1, 3-2, and/or 3-6, produces documents in discovery, or amend
`
`their contentions under paragraph 3(a)(i) of this Court’s Discovery Order.
`
`6
`
`

`

`
`
`Additionally, Estech has failed to provided detailed contentions that identify how
`
`Defendants allegedly induced direct infringement of the Asserted Patents by a third party, or how
`
`Defendants allegedly contributed to the infringement of the Asserted Patents by a third party. Nor
`
`has Estech provided detailed contentions regarding any alleged infringement by multiple parties
`
`pursuant to 35 U.S.C. § 271(a) (i.e., joint infringement). Nor has Estech provided detailed
`
`contentions of any alleged infringement under the doctrine of equivalents. If Estech is permitted
`
`to provide these detailed contentions and other information relating to alleged indirect or joint
`
`infringement or infringement pursuant to the doctrine of equivalents, Defendants will amend and
`
`supplement these Invalidity Contentions as appropriate.
`
`E.
`
`The Intrinsic Record
`
`Defendants further reserve the right to rely on applicable industry standards and prior art
`
`cited in the specifications and file histories of the Asserted Patents, and any related U.S. and
`
`foreign patent applications as invalidating references or to show the state of the art. Defendants
`
`further reserve the right to rely on the patent applicants’ admissions concerning the scope of the
`
`prior art relevant to the Asserted Patents found in, inter alia: the specifications; the patent
`
`prosecution history for the Asserted Patents and any related patents and/or patent applications or
`
`reexaminations; any deposition testimony of the named patent applicants on the Asserted Patents;
`
`and the papers filed and any evidence submitted by Estech in connection with this litigation.
`
`Defendants specifically reserve the right to rely on other Estech patents, even if unasserted in this
`
`litigation, for statements about the state of the art or the knowledge a person of skill in the art
`
`would have possessed at the relevant time.
`
`F.
`
`Contextual Evidence
`
`Defendants’ claim charts cite particular teachings and disclosures of the prior art as applied
`
`to the limitation of each of the Asserted Claims. Persons having ordinary skill in the art, however,
`
`7
`
`

`

`
`
`may generally view an item of prior art in the context of his or her experience and training, other
`
`publications, literature, products, and understanding. As such, the cited portions are only
`
`examples, and Defendants reserve the right to rely on uncited portions of the prior art references
`
`and on other publications and expert testimony as aids in understanding and interpreting the cited
`
`portions, as providing context thereto, and as additional evidence that the prior art discloses a claim
`
`limitation or the claimed subject matter as a whole. Defendants further reserve the right to rely on
`
`uncited portions of the prior art references, other publications, and testimony, including expert
`
`testimony, to establish bases for combinations of certain cited references that render the Asserted
`
`Claims obvious. The references discussed in the claim charts may disclose the elements of the
`
`Asserted Claims explicitly and/or inherently, and/or they may be relied on to show the state of the
`
`art during the relevant time frame. The suggested obviousness combinations are provided in the
`
`alternative to the anticipation contentions and are not to be construed to suggest that any reference
`
`included in the combinations is not by itself anticipatory.
`
`G.
`
`Invalidity Under Section 102(f) Prior Art
`
`Defendants reserve the right to assert that the Asserted Claims of the Asserted Patents are
`
`invalid under 35 U.S.C. § 102(f) in the event Defendants obtain evidence that the inventors named
`
`on the Asserted Patents or related patents, did not themselves “invent” the subject matter claimed.
`
`Defendants also reserve the right to assert that the Asserted Claims are invalid under 35 U.S.C. §
`
`102(f) in the event Defendants obtain evidence that certain individuals were not named as
`
`inventors, but should have been named as inventors, on the Asserted Patents. Should Defendants
`
`obtain such evidence, Defendants will provide the name of the person(s) from whom and the
`
`circumstances under which the claimed subject matter or any part of it was derived.
`
`H.
`
`Priority and Effective Filing Date
`
`8
`
`

`

`
`
`With respect to the ’298 Patent and the ’699 Patent, Defendants contend that Estech will
`
`be unable to demonstrate that the Asserted Claims are entitled to claim a priority date or effective
`
`filing date earlier than the actual filing date of the application that issued as that patent. No earlier-
`
`filed application provides a disclosure sufficient under 35 U.S.C. § 112(¶1/a) to support such claim
`
`as required by section 119(e) or 120. See Section VI below. Defendants reserve the right to amend
`
`these Invalidity Contentions on the Court’s determination of the priority date(s) of the Asserted
`
`Claims. Defendants further reserve the right to use related patents in the alleged chain of priority
`
`of the Asserted Patents, their own Accused Products, and additional references identified in related
`
`cases, as prior art following the Court’s determination of the priority date(s) of the Asserted
`
`Claims.
`
`I.
`
`No Patentable Weight
`
`Defendants reserve the right to argue that various portions of the Asserted Claims, such as
`
`an intended use or result, non-functional descriptive material, and certain preamble language, are
`
`entitled to no patentable weight. Mapping of a portion of an Asserted Claim to a prior art reference
`
`does not represent that such portion of the claim is entitled to patentable weight when comparing
`
`the claimed subject matter to the prior art.
`
`J.
`
`Inequitable Conduct
`
`Defendants reserve the right to contend that the Asserted Patents are unenforceable due to
`
`inequitable conduct by Estech or the applicant, including but not limited to inequitable conduct by
`
`failure to disclose any of the references identified below to the extent that Estech or the applicant
`
`was aware of the reference during prosecution of an Asserted Patent but did not disclose it to the
`
`reviewing agency.
`
`9
`
`

`

`
`
`II.
`
`IDENTIFICATION OF PRIOR ART
`
`At least the prior art listed below, individually or in combination, invalidates the Asserted
`
`Claims. See Patent Rule 3-3(a). The attached exhibits A1-D9 (collectively “Exhibits”) provide
`
`detailed claim charts showing where each claim element may be found in the particular reference
`
`being charted.
`
`Defendants identify the following items of prior art that anticipate or render obvious the
`
`Asserted Claims. The identification of prior art below is not exhaustive, and Defendants’
`
`production pursuant to Patent Rule 3-3 contains additional references that render the Asserted
`
`Claims invalid. Defendants reserve the right to rely on both the listed and unlisted references
`
`produced pursuant to Patent Rule 3-3, as well as other art that may become known and/or relevant
`
`during the course of this or related litigation.
`
`For those references for which detailed claim charts are not provided in the Exhibits, those
`
`additional prior art references are otherwise pertinent to the invalidity of the Asserted Patents,
`
`either alone or in combination with other references. At this time, Defendants are not providing
`
`claim charts for each of these additional references, either because they are cited in conjunction
`
`with primary references for which charts have already been provided and are cited therein, and/or
`
`because these references have similar disclosure to the prior art references for which invalidity
`
`charts have been provided and/or may be used to show the state of the art. Absence of a chart for
`
`a specific reference should not be taken as an interpretation that Defendants contend the reference
`
`is not pertinent to a specific claim element.
`
`Defendants also incorporate as if fully set forth herein the complete file histories for the
`
`Asserted Patents, including any prior art or supporting documents cited therein.
`
`Defendants not only rely on the prior art disclosed herein, but also rely on any commercial
`
`embodiments and accompanying literature of the various assignees that correspond to the
`
`10
`
`

`

`
`
`respective disclosures found within the prior art disclosed herein. The assignees’ various and
`
`respective commercial embodiments and/or corresponding literature anticipate and/or render
`
`obvious the claims of the Asserted Patents for at least the reasons disclosed in these Invalidity
`
`Contentions and claim charts, as well as for other independent reasons found within the
`
`commercial embodiments and corresponding literature. Defendants also reserve the right to rely
`
`on related patents, published applications, foreign patents or publications, and other patent
`
`documents as necessary to establish prior art status or clarify the disclosures cited.
`
`Defendants reserve the right to revise their claim charts to rely on any of these references
`
`to prove the invalidity of the claims of the Asserted Patents in a manner consistent with the Federal
`
`Rules of Civil Procedure, the Court’s Local Rules, and this Court’s Orders.
`
`A.
`
`Prior Art Patents and Published Applications
`
`Defendants have endeavored to identify patents and published applications by Asserted
`
`Patent. However, certain disclosures of the various references may also be pertinent to others of
`
`the Asserted Patents. Therefore, the patent references found in Exhibit F encompass references
`
`that may be pertinent to one or more of the Asserted Patents.
`
`B.
`
`Prior Art Non-Patent Literature References
`
`Defendants have endeavored to identify non-patent literature by Asserted Patent.
`
`However, certain disclosures of the various references may also be pertinent to others of the
`
`Asserted Patents. Therefore, the non-patent literature references found in Exhibit G encompass
`
`references that may be pertinent to one or more of the Asserted Patents.
`
`C.
`
`Prior Art Offered For Sale and/or Publicly Used or Known
`
`Pursuant to Local Patent Rule 3-3(a), Defendants provide the following information
`
`regarding prior art which was the subject of a commercial offer of sale and/or in public use prior
`
`to the earliest permissible priority date of the Asserted Patents. Discovery into these systems has
`
`11
`
`

`

`
`
`not yet taken place. To the extent necessary, Defendants plan to serve subpoenas and/or otherwise
`
`request further information pertaining to the products and/or software programs (and/or obtain the
`
`actual products and/or software programs themselves). To the extent necessary, Defendants will
`
`amend and/or supplement these Invalidity Contentions based on information received in response.
`
`
`
`Cisco’s System: AVVID Solution.
`
`Cisco’s AVVID system included IP Phones and network equipment and software available
`
`for sale no later than August 2000, and were in development earlier than that. Third party
`
`discovery is expected to demonstrate that the AVVID system (or its various architectural
`
`subcomponents) was at least known and/or used by those at Cisco or at its predecessor entities
`
`(from whom the AVVID technology was purchased) earlier than August 2000. The AVVID
`
`system also included an early version of the Call Manager software; this software was
`
`commercially available and on sale at least as early as 1997. Third party discovery is expected to
`
`demonstrate that Call Manager software was at least known and/or used by those at Cisco earlier
`
`than 1997. In addition, the Cisco uOne application, which on information and belief was a part of
`
`the AVVID solution, constitutes prior art to the Asserted Patents. Third party discovery is also
`
`expected to demonstrate that IP phones, software and network equipment was at least known
`
`and/or used by those at Selsius Systems, a telecommunications company later acquired by Cisco,
`
`earlier than 1997. Finally, the AVVID system interacted with voicemail technology purchased by
`
`Cisco and attributable to other entities, including at least and Active Voice Corp., which made,
`
`used, offered to sell, or sold that voicemail technology earlier than 1997. The features and
`
`capabilities of Cisco’s AVVID system is evidenced by at least the following documents located at
`
`DEFS-ESTECH_0048823-0049305:
`
`12
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`

`
`
` Webpage entitled Cisco Phones available at
`
`https://web.archive.org/web/20000818072732/http://www.cisco.com/warp/public/
`
`cc/pd/tlhw/index.shtml (“Cisco Phones”);
`
` Webpage entitled Cisco AVVID Home available at
`
`https://web.archive.org/web/20000817033617/http://cisco.com/warp/
`
`public/779/largeent/avvid/ (“AVVID Home”);
`
` Cisco Unveils LAN Switching Solution to Ready Mid-Sized Companies and Branch
`
`Offices for IP Telephony Development Press Release available at
`
`https://web.archive.org/web/20000815073641/http://www.cisco.com/warp/public/146/pre
`
`ssroom/
`
`2000/may00/smb_053000.htm (“IP Telephony Press Release”);
`
` Webpage entitled Cisco AVVID Home Press Packet available at
`
`https://web.archive.org/web/20000815073649/http://www.
`
`cisco.com/warp/public/779/largeent/avvid/press.html (“AVVID Press Packet”);
`
` Architecture for Voice, Video and Integrated Data White Paper available at
`
`https://web.archive.org/web/20001109095000/
`
`http://www.cisco.com/warp/public/cc/so/neso/vvda/iptl/avvid_wp.htm (“AVVID White
`
`Paper”);
`
` Catalyst 6000 Family Inline Power 10/100 BaseT Ethernet Switching Modules Data
`
`Sheet available at https://web.archive.org/
`
`web/20000816040124/http://www.cisco.com/warp/public/cc/pd/si/casi/ca6000/prodlit/c6i
`
`pe_ds.htm (“Inline Power Module Data Sheet”);
`
`13
`
`

`

`
`
` Cisco Media Convergence Server 7835 Data Sheet available at
`
`https://web.archive.org/web/20000816040131/http://www.
`
`cisco.com/warp/public/cc/pd/mxsv/mxcvsr/prodlit/mc783_ds.htm (“Media Convergence
`
`Server 7835 Data Sheet”);
`
` Catalyst 6000 Family FXS Analog Interface Module Data Sheet available at
`
`https://web.archive.org/web/20000816040136/
`
`http://www.cisco.com/warp/public/cc/pd/si/casi/ca6000/prodlit/c6fxs_ds.htm (“Analog
`
`Interface Module Data Sheet”);
`
` Cisco AVVID and the Multiservice Network: Solutions for a Converging World Solution
`
`Brochure available at https://
`
`web.archive.org/web/20001025135140/http://www.cisco.com/warp/public/cc/so/neso/vv
`
`da/avvid/avid_pl.htm (“AVVID Solution Brochure”);
`
` Cisco CallManager Version 3.0 Data Sheet available at
`
`https://web.archive.org/web/20001018230245/http://www.cisco.com/
`
`warp/public/cc/pd/nemnsw/callmn/prodlit/callm_ds.htm (“CallManager v3.0 Data
`
`Sheet”);
`
` Catalyst Inline Power Patch Panel Data Sheet available at
`
`https://web.archive.org/web/20000816040149/http://www.cisco.
`
`com/warp/public/cc/so/neso/vvda/iptl/cippp_ds.htm (“Power Patch Panel Data Sheet”);
`
` Catalyst 6000 Family IP Telephone Solutions Data Sheet available at
`
`https://web.archive.org/web/20001003173308/http://
`
`cisco.com/warp/public/cc/pd/si/casi/ca6000/prodlit/c6ipt_ov.htm (“IP Telephony
`
`Solutions Data Sheet”);
`
`14
`
`

`

`
`
` Cisco IP Telephone 7910 and 7910+SW Data Sheet available at
`
`https://web.archive.org/web/20001018021820/http://
`
`www.cisco.com/warp/public/cc/pd/tlhw/prodlit/7910_ds.htm (“7910 Data Sheet”);
`
` Cisco IP Telephone 7960 Data Sheet available at
`
`https://web.archive.org/web/20000816040209/http://www.cisco.com/
`
`warp/public/cc/pd/tlhw/prodlit/7960_ds.htm (“7960 HTML Data Sheet”);
`
` Webpage entitled Cisco AVVID – Products available at
`
`https://web.archive.org/web/20000815073548/http://www.cisco.com/
`
`warp/public/779/largeent/avvid/products/ (“AVVID Products”);
`
` Webpage entitled Cisco AVVID – Products – IP Telephony Applications available at
`
`https://web.archive.org/web/
`
`20000816035510/http://www.cisco.com/warp/public/779/largeent/avvid/products/iptel_a
`
`pps.html (“IP Telephony Applications”);
`
` Cisco uOne Application Data Sheet available at
`
`https://web.archive.org/web/20001025171602/http://www.cisco.com/warp/
`
`public/cc/so/neso/vvda/iptl/uone_ds.htm (“uOne Application Data Sheet”);
`
` Webpage entitled Cisco AVVID – Products – Call Processing available at
`
`https://web.archive.org/web/20000816035516/
`
`http://www.cisco.com/warp/public/779/largeent/avvid/products/call_process.html (“Call
`
`Processing”);
`
` Webpage entitled Cisco AVVID – Products – Infrastructure available at
`
`https://web.archive.org/web/20000816035520/
`
`15
`
`

`

`
`
`http://www.cisco.com/warp/public/779/largeent/avvid/products/infrastructure.html
`
`(“Infrastructure”);
`
` Webpage