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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`___________________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________________________
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`MICROSOFT CORPORATION,
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`Petitioner,
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`v.
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`DAEDALUS BLUE, LLC,
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`Patent Owner.
`
`____________________________________
`
`Case No. IPR2021-00832
`U.S. Patent No. 8,381,209
`Original Issue Date: February 19, 2013
`
`
`Title: MOVEABLE ACCESS CONTROL LIST (ACL) MECHANISMS FOR
`HYPERVISORS AND VIRTUAL MACHINES AND VIRTUAL PORT
`FIREWALLS
`___________________________________
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`DECLARATION OF DR. TIMOTHY L. HARRIS
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`
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`Microsoft Ex. 1028, p. 1
`Microsoft v. Daedalus Blue
`IPR2021-00832
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`I, Dr. Timothy L. Harris, declare as follows:
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`1. I am a resident of Cambridge, England, over the age of 18, and competent to
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`make this declaration. I could and would testify as to the matters set forth
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`herein if called upon to do so. I submit this declaration in support of Petitioner
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`Microsoft Corporation’s petition in the above-referenced proceeding.
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`2. I am an Academic Visitor in the Department of Computer Science and
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`Technology at Cambridge University, and a Principal Architect for Petitioner. I
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`obtained Batchelor of Arts (1997) and Doctor of Philosophy (2000) degrees in
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`Computer Science from Cambridge University.
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`3. From 2000-2004, I served as a Lecturer (roughly equivalent to a US
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`Assistant Professor) at Cambridge University. As a Lecturer, I was a principal
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`investigator or co-investigator on several funded research grants conferred by
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`the Engineering and Physical Sciences Research Council (EPSRC), which is the
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`UK's main agency for funding research in engineering and the physical
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`sciences. These included early work on the Xen virtual machine monitor and
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`the broader XenoServers cloud computing platform.
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`4. The information set forth herein is based on my personal knowledge
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`obtained through the course of my duties as a Lecturer and academic researcher.
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`
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`1
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`Microsoft Ex. 1028, p. 2
`Microsoft v. Daedalus Blue
`IPR2021-00832
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`5. Through my work on the XenoServers platform, I collaborated with my
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`colleagues at Cambridge University, including Dr. Andrew Warfield, Dr.
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`Steven Hand, and Dr. Ian Pratt, on developing a virtual machine monitor, or
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`hypervisor, for the XenoServers platform. One aspect of this work was to
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`develop solutions to routing network traffic to and among the virtual machines
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`used in the XenoServers platform, including using a hypervisor to perform
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`traffic routing functions. My colleagues and I documented our work in a paper
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`titled “Isolation of Shared Network Resources in XenoServers” (hereinafter
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`“Warfield”), which we authored in the Fall of 2002. I have reviewed Ex. 1007,
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`and this document is a true and correct copy of this paper.
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`6. Our intent in writing Warfield was to provide information about our
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`solutions to the general academic research community, including specifically
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`the academic researchers who were using a global test platform known as
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`PlanetLab. We wanted to foster a discussion amongst the research community
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`about best approaches to virtualizing network resources.
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`7. PlanetLab was a worldwide consortium of academic and industry
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`organizations devoted to fostering research and experimentation in planetary-
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`scale networking. PlanetLab was active from 2002 through 2020, when it was
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`shut down. The PlanetLab platform was a collection of computers networked
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`2
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`Microsoft Ex. 1028, p. 3
`Microsoft v. Daedalus Blue
`IPR2021-00832
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`together into a very large-scale distributed computing system, using virtual
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`machines located at numerous sites across the globe. Researchers could use this
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`system to test and deploy a wide variety of networked computing applications.
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`Within the academic community, PlanetLab was a well-known source of
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`information about virtualization and large-scale distributed computing.
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`8. To help foster collaboration amongst these researchers as well as to promote
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`the free exchange of useful information on topics of interest to the PlanetLab
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`system, PlanetLab published a series of PlanetLab Design Notes on its website.
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`These Design Notes were made available to the public and were intended to be
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`used by the academic community to further the development of technologies
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`relating to worldwide networking and similar systems.
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`9. We completed writing Warfield in October 2002. On October 30, 2002, my
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`colleague Dr. Warfield e-mailed the final paper to the editor of PlanetLab’s
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`website, Dr. Larry Peterson of Princeton University. I was a recipient of Dr.
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`Warfield’s e-mail on October 30, 2002 and I retained a copy of this e-mail in
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`my e-mail archives. I have reviewed Ex. 1031. This document is a true and
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`correct copy of Dr. Warfield’s e-mail with the attached final version of
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`Warfield as it was maintained in my e-mail archives. I have also reviewed Ex.
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`3
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`Microsoft Ex. 1028, p. 4
`Microsoft v. Daedalus Blue
`IPR2021-00832
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`1007 and compared it with the version of Warfield attached to Dr. Warfield’s
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`email. These two versions of Warfield are the same.
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`10. As I note above, our intent in writing Warfield was to inform the scientific
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`community about our solutions to the issues raised in Warfield. When we
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`submitted Warfield to PlanetLab, we did so with the express intent that it be
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`publicly disseminated to the general scientific community, as well as to the
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`plethora of academic and industry researchers who were using PlanetLab’s
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`systems, via PlanetLab’s website. I observe that PlanetLab’s webpage for
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`PlanetLab Design Notes recites a publication date of November 2002. Ex.
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`1029. That date indicates to me that Warfield was made publicly available as of
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`November 2002, which is consistent with the October 30, 2002 transmission
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`date of Warfield to PlanetLab I discuss above.
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`11. Additionally, I observe that Warfield was identified by Dr. Warfield in his
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`2006 Ph.D. dissertation as a “published result.” Ex. 1045, at p. 21. This
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`indicates to me as well as any academic researcher that Dr. Warfield is stating
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`that Warfield was known to the public as of the date of his dissertation, and
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`therefore the subject matter of Warfield is not part of the original research Dr.
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`Warfield completed to support his dissertation. It is important for a doctoral
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`dissertation to contain the author’s original research as a contribution to the
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`4
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`Microsoft Ex. 1028, p. 5
`Microsoft v. Daedalus Blue
`IPR2021-00832
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`advancement of science. Thus, dissertation authors often document the already-
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`known state of the art, sometimes referred to as published results or background
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`knowledge. This assists the readers in understanding which aspects of the
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`dissertation reflect the author’s original contribution to the scientific body of
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`knowledge and which aspects were already known to the scientific community.
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`I understand and have been warned that willful false statements and the like are
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`punishable by fine or imprisonment, or both (18 U.S.C. § 1001). I declare that all
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`statements made herein of my own knowledge are true and that all statements
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`made on information and belief are believed to be true, and further, that these
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`statements were made with the knowledge that willful false statements and the like
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`so made are punishable by fine or imprisonment, or both, under § 1001 of title 18
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`of the United States Code.
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`Executed on the 4 day of May, 2021 at Cambridge, England.
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`________________________________
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`Dr. Timothy L. Harris
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`5
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`Microsoft Ex. 1028, p. 6
`Microsoft v. Daedalus Blue
`IPR2021-00832
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