UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`DAEDALUS BLUE, LLC,
`Patent Owner.
`
`Case IPR2021-00831
`Patent No. 8,671,132
`
`DECLARATION OF LINDA DUYANOVICH IN SUPPORT OF
`PATENT OWNER DAEDALUS BLUE, LLC’S
`PRELIMINARY RESPONSE
`
`IPR2021-00831
`PUBLIC VERSION
`
`Daedalus EX2003
`Page 1 of 9
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`MICROSOFT CORPORATION,
`Petitioner,
`
`v.
`
`DAEDALUS BLUE, LLC,
`Patent Owner.
`
`Case IPR2021-00831
`Patent No. 8,671,132
`
`DECLARATION OF LINDA DUYANOVICH IN SUPPORT OF
`PATENT OWNER DAEDALUS BLUE, LLC’S
`PRELIMINARY RESPONSE
`
`IPR2021-00831
`PUBLIC VERSION
`
`Daedalus EX2003
`Page 1 of 9
`
`
`
`I.
`
`INTRODUCTION
`
`1.
`
`My name is Linda Duyanovich, and I am currently retired from IBM
`
`Corporation where I worked from 1978-1996 and again from 1999 to 2013 in a
`
`variety of roles, including management, in the product and research divisions.
`
`2.
`
`I have been asked by Patent Owner Daedalus Blue, LLC (“Daedalus”)
`
`to provide this declaration about the conception and development of the inventions
`
`claimed in U.S. Patent No. 8,671,132 (“the ’132 patent”), of which I am a named
`
`inventor. I am being compensated for my time at my normal rate of $375 per hour.
`
`The amount of my compensation is not dependent upon the substance of my
`
`declaration or testimony, or upon the outcome of this matter.
`
`3.
`
`I have personal knowledge of the facts and opinions set forth in this
`
`declaration, and, if called upon to do so, I would testify competently thereto.
`
`II.
`
`BACKGROUND
`
`4.
`
`I obtained a Bachelor’s degree in Math from Stanislaus State College
`
`in 1976, and a Masters in Operations Research from Stanford in 1977.
`
`5.
`
`I joined IBM in 1978 at its Santa Theresa Labs (also known as IBM’s
`
`Silicon Valley Labs). From 1978 to 1996, I worked on a variety of projects and in
`
`a variety of roles in the product division at IBM, including performance modeling
`
`and analysis of hardware and software systems, product development of storage
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`IPR2021-00831
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`systems, and more. During that time, I was promoted to management and led teams
`
`doing performance analysis, architecture, and development of storage systems.
`
`6.
`
`I left IBM from 1996 to 1999, and during that time worked at
`
`MatriDigm Corporation, mostly as Vice President of Development. MatriDigm
`
`worked on technology for legacy application maintenance (old Cobol applications.
`
`Specifically, MatriDigm provided technology and services for automated
`
`application conversion and testing around the Y2K issue.
`
`7.
`
`I rejoined IBM in September 1999 as a Senior Development Manager
`
`in Storage Systems Software. Initially my task was to evaluate various
`
`technologies within IBM that could be used as a starting point for a Data
`
`Management System/Filesystem for Storage Area Networks (“SANs”) and then to
`
`build and manage a development team for that project. After a short time exploring
`
`technologies, no later than January 2000, I began working with David Pease and
`
`his team in IBM Research to productize the work they were doing, then called
`
`Storage Tank. I built a development team to work with the research team to
`
`commercialize that project.
`
`8.
`
`I worked closely with David Pease and other team members on
`
`Storage Tank from early-2000 to late-2001 or early-2002 when I was assigned an
`
`18-month job as a program manager for another product. After that concluded, I
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`returned to Storage Tank as a Manager of Storage Software at the Almaden
`
`Research Center.
`
`9.
`
`In or around 2003, I was promoted to Senior Manager for Storage
`
`Management and Solutions, with responsibilities over Storage Tank and other
`
`research projects. I held that position until shortly before my retirement from IBM
`
`in 2013.
`
`10. Attached hereto as Appendix A is a true and correct copy of my
`
`LinkedIn profile describing my background and experience.
`
`III. THE ’132 PATENT
`
`11.
`
`The inventions claimed in the ’132 Patent were conceived and
`
`recorded in a specification no later than April 26, 2001, and were embodied in a
`
`working prototype no later than October, 2001. The subject matter described and
`
`claimed in the application that led to the ’132 Patent was the product of work that I
`
`and others at IBM did on Storage Tank (including but not limited to Dr. Pease).
`
`We continuously worked to develop and commercialize those inventions through,
`
`and after, March 14, 2003, when the patent application was filed. We in research
`
`supported the development team in releasing the initial IBM SANFS product
`
`(based on Storage Tank) in October 2003, and continued with projects involving
`
`Storage Tank for several years.
`
`12.
`
`Storage Tank was the first distributed data management system that
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`could support millions of live file operations across a Storage Area Network
`
`(“SAN”), and accommodate clients operating on multiple platforms, with policy
`
`management architecture designed to support multiple levels of service.
`
`13.
`
`IBM commercialized Storage Tank under the brand name “IBM
`
`TotalStorage SAN File System”, which was released in or around October 2003.
`
`14.
`
`I have reviewed U.S. Patent No. 7,269,612 (“Devarakonda”). I
`
`understand Petitioner contends that Devarakonda anticipates claims 15-21, 23-25
`
`of the ’132 Patent. I also understand that Devarakonda was filed on May 31, 2002
`
`and does not claim priority to any other document.
`
`15.
`
`I declare that Devarakonda is not prior art to the inventions in the ’132
`
`Patent. My co-inventors and I conceived the claimed inventions in the ’132 Patent
`
`prior to the filing date of Devarakonda. And we continuously worked to reduce our
`
`inventions to practice, implementing the ideas claimed in the patent, including both
`
`by working on the Storage Tank project and as demonstrated by the filing of the
`
`application for the ’132 Patent.
`
`16.
`
`As evidence of that conception and diligence, I enclose Exhibits
`
`2012-2013.
`
`A.
`17.
`
`Conception
`EX2012 attached hereto is a true and correct copy of
`
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`This document was prepared in the ordinary course of IBM’s
`
`business, and reflected the state of development of Storage Tank as of the date of
`
`the document.
`
` I was the “owner” of the
`
`document, and a leading contributor to the document. EX2012,
`
`
`
`18.
`
`I note that EX2012 is not the earliest version of
`
`. Our team started work on the
`
` shortly after I joined the
`
`project in early 2000.
`
` we
`
`went through several drafts. According to
`
` the first comprehensive
`
` would have been
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`19.
`
`I have reviewed the
`
` and it describes at least the
`
`inventions disclosed in claims 15-25 of the ’132 Patent.
`
`Reduction to Practice
`B.
`20. Following the
`
` above, I and
`
`others at IBM continued to diligently work to reduce to practice the inventions
`
`claimed in the ’132 Patent until the first release of the product, including but not
`
`limited to developing product code, prototypes, documentation, testing and review.
`
`Members of the research team continued with the project through that first release.
`
`We also prepared and filed the application that led to the ’132 Patent during that
`
`time.
`
`21.
`
`EX2013 attached hereto is a true and correct copy of the
`
` I was also the “owner” of this document and responsible for its maintenance.
`
`It was prepared in the ordinary course at IBM and reflects continuous work on the
`
`Storage Tank project as of that date, including the ’132 Patent inventions.
`
`22.
`
`IBM released Storage Tank under the brand name “IBM TotalStorage
`
`SAN File System” in or around October 2003. I worked on Storage Tank and
`
`other related data management projects from at least January 2000 to late-2001 or
`
`early-2002, and then again from 2003 till 2007 or 2008, including the period of
`
`time during which the inventions claimed in the ’132 Patent were conceived and
`
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`
`Contact
`
`www.linkedin.com/in/linda-
`duyanovich-486a124 (LinkedIn)
`
`Linda Duyanovich
`
`IBM retiree & Grandma
`Morgan Hill
`
`Experience
`
`Self-Employed
`IBM Retiree & Grandmother
`April 2018 - Present (3 years 5 months)
`Morgan Hill
`
`Paradata
`7 years
`Program Manager
`June 2014 - Present (7 years 3 months)
`San Jose, CA
`
`VP Programs
`2014 - 2016 (2 years)
`
`IBM Almaden Research Center
`14 years
`Sr. Manager
`2003 - 2013 (10 years)
`
`Mgr. Software Development
`1999 - 2003 (4 years)
`
`MatriDigm Corporation
`VP. Development
`1996 - 1999 (3 years)
`
`Education
`Stanford University
`· (1976 - 1978)
`
`Page 1 of 1
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