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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________________________
`CLOUDFLARE, INC., )
` ) CASE
` PETITIONER, ) IPR2021-00909
` )
` v. )
` )
`SABLE NETWORKS, INC., )
` ) PATENT
` PATENT OWNER. ) 8,243,593
`_______________________________________)
`
` VIDEOTAPED DEPOSITION OF KEVIN JEFFAY, Ph.D.
` TAKEN REMOTELY VIA ZOOM VIDEOCONFERENCE
` WEDNESDAY, FEBRUARY 23, 2022
`
`Reported by Audra E. Cramer, CSR No. 9901
`
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
`
`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 1
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 1
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` UNITED STATES PATENT AND TRADEMARK OFFICE
` BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________________________________
`CLOUDFLARE, INC., )
` ) CASE
` PETITIONER, ) IPR2021-00909
` )
` v. )
` )
`SABLE NETWORKS, INC., )
` ) PATENT
` PATENT OWNER. ) 8,243,593
`_______________________________________)
`
` VIDEOTAPED DEPOSITION OF KEVIN JEFFAY, Ph.D.
` TAKEN REMOTELY VIA ZOOM VIDEOCONFERENCE
` WEDNESDAY, FEBRUARY 23, 2022
`
`Reported by Audra E. Cramer, CSR No. 9901
`
`______________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 1
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 2
` VIDEOTAPED DEPOSITION OF KEVIN JEFFAY, Ph.D.,
`TAKEN REMOTELY VIA ZOOM ON BEHALF OF THE PATENT OWNER,
`AT 10:33 A.M. EST, WEDNESDAY, FEBRUARY 23, 2022, BEFORE
`AUDRA E. CRAMER, CSR NO. 9901, PURSUANT TO NOTICE.
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`APPEARANCES OF COUNSEL
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`Page 3
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`FOR PLAINTIFFS:
` BERGER & HIPSKIND LLP
` BY: DANIEL P. HIPSKIND, ESQUIRE
` 9538 BRIGHTON WAY, SUITE 320
` BEVERLY HILLS, CALIFORNIA 90210
` (323) 886-3430
` dph@bergerhipskind.com
`
`FOR DEFENDANT:
` FARELLA BRAUN + MARTELL LLP
` BY: JAMES L. DAY, ESQUIRE
` DANIEL C. CALLAWAY, ESQUIRE
` 235 MONTGOMERY STREET, 17TH FLOOR
` SAN FRANCISCO, CALIFORNIA 94104
` (415) 954-4400
` jday@fbm.com
` dcallaway@fbm.com
`
`ALSO PRESENT:
` DeSHAWN WHITE, VIDEOGRAPHER/HOTSEATER
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` I N D E X
`WITNESS
`KEVIN JEFFAY, Ph.D.
`
`EXAMINATION PAGE
`BY MR. HIPSKIND 7
`
` E X H I B I T S
`NO. PAGE DESCRIPTION
`Exhibit 1001 9 US PATENT 8,243,593
`Exhibit 1003 11 DECLARATION OF DR. KEVIN
` JEFFAY
`Exhibit 1005 19 US PATENT 7,664,048
`Exhibit 1030 28 US PATENT 7,342,929
`Exhibit 1007 35 US PATENT 7,185,368
`Exhibit 1006A 43 AFFIDAVIT OF ELIZABETH
` ROSENBERG W/ ATTACHED FOUR
` STEPS WHITE PAPER
`Exhibit 1006B 44 AFFIDAVIT OF CHIRSTOPHER
` BUTLER W/ ATTACHED FOUR
` STEPS WHITE PAPER
`Exhibit 1031 47 PACKETEER INFO SHEET
`Exhibit 1032 53 "SECURING A UNIVERSITY’S
` BANDWIDTH WITH
` PACKETSHAPER" DATED MARCH
` 2003
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`EXHIBITS (CONTINUED
`NO. PAGE DESCRIPTION
`Exhibit 1017 63 PACKETSHAPER FEATURES
`Exhibit 2008 69 INTERNET ARCHIVE PRINTOUT
` OF WAYBACK MACHINE WEBPAGE
` FOR PACKETEER.COM/PRODUCTS
`Exhibit 2009 71 WEB.ARCHIVE.ORG PRINTOUT
` FOR PACKETEER PRODUCTS
`Exhibit 2010 74 WEB.ARCHIVE.ORG PRINTOUT
` FOR PACKETSHAPER
`Exhibit 2011 75 WAYBACK MACHINE PRINTOUT
` "AN OVERVIEW OF
` PACKETSHAPER'S '4 STEPS'
` APPROACH"
`Exhibit 2012 81 PACKETSHAPER INFO SHEET
`
` REPORTER'S NOTE: All quotations from exhibits are
`reflected in the manner in which they were read into the
`record and do not necessarily indicate an exact quote
`from the document.
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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` REMOTELY VIA ZOOM VIDEOCONFERENCE
` WEDNESDAY, FEBRUARY 23, 2022, 10:33 A.M. EST
`
`Page 6
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` THE VIDEOGRAPHER: This is Tape No. 1
`of the videotaped deposition of Kevin Jeffay in
`the matter of Cloudflare Incorporated versus
`Sable Networks Incorporated in the United States
`Patent and Trademark Office before the Patent
`Trial and Appeal Board, Case No. IPR2021-00909.
` This deposition is being held by Zoom
`video remote conferencing, physical recording in
`Fredericksburg, Virginia, on February 23, 2022.
`The time on the video screen is 10:34 a.m.
`Eastern Time.
` My name is DeShawn White. I'm the
`legal videographer from Digital Evidence Group.
`The court reporter is Audra Cramer, in
`association with Digital Evidence Group.
` Will counsel please introduce
`themselves for the record.
` MR. HIPSKIND: Sure. This is Daniel
`Hipskind on behalf of the Patent Owner, Sable
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`Networks, Inc.
` MR. DAY: And this is James Day on
`behalf of Petitioner and the witness, and I'm
`joined by my colleague Dan Callaway.
` THE VIDEOGRAPHER: Will the court
`reporter please swear in the witness.
`
` KEVIN JEFFAY, PHD,
` having been first duly sworn, was
` examined and testified as follows:
`
` MR. HIPSKIND: Okay. Thank you.
`
` EXAMINATION
`BY MR. HIPSKIND:
` Q. Dr. Jeffay, thank you very much for
`your time.
` A. Happy to be here.
` Q. Great.
` Have you had your deposition taken
`before?
` A. I have.
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` Q. Can you ballpark how many times?
` A. Quite a few. At this point it's many
`dozens.
` Q. Have they all been in the context of
`patent litigation?
` A. No.
` Q. Okay. Would you say the majority have
`been in patent cases?
` A. Yes.
` Q. And have you been deposed in your role
`as a technical expert in the majority of the
`cases?
` A. If you're just referring to the patent
`cases, yes.
` Q. Yeah, and --
` A. Actually, I'm sorry. No, that's not
`true.
` Yes, the majority of the patent cases,
`I have been testifying as an expert.
` Q. Have you testified in a patent case in
`a context other than as an expert witness?
` A. Yes.
`
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` Q. And in what context was that?
` A. Well, those were patent cases where I
`have testified I guess as a fact witness.
` Q. Okay. And I guess I'll just jump right
`into the substance.
` Do you have Exhibit 1001, the
`'593 patent we're discussing today with you, or
`should I introduce it through the Zoom platform?
` A. I have a clean printed copy of the
`'593 patent with me.
` Q. Okay. And have you reviewed the
`'593 patent ahead of your deposition today?
` A. Yes.
` THE VIDEOGRAPHER: And, Mr. Hipskind,
`would you like me to put that up on the screen,
`or do you just want to use the hard copy?
` MR. HIPSKIND: Yeah, it's in the folder
`as Exhibit 1001, if we could put it on the
`screen.
` (Exhibit 1001 was previously
` marked for identification.)
` MR. HIPSKIND: Okay. And if we can
`
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`Page 10
`scroll to the end -- I'll tell you exactly where
`in just one second.
` Okay. If we can scroll to page 11 of
`the PDF.
` Q. And this for you, Dr. Jeffay, is
`Column 10, and I'm looking at Claim 1.
` A. Okay. I'm with you.
` Q. And my question is, in your opinion,
`what does the term "undesirable behavior" mean
`in the context of the '593 patent?
` A. Well, I haven't offered an opinion as
`to what a definition of "undesirable behavior"
`constitutes, sort of what the full scope of the
`term is.
` Q. Okay. Would you offer your opinion as
`to what "undesirable behavior" means?
` MR. DAY: Object. It's beyond the
`scope of his declaration.
` THE WITNESS: Yeah, as I say, I haven't
`offered an opinion of the full meaning of the
`term in this proceedings.
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`BY MR. HIPSKIND:
` Q. Okay. And do you have an understanding
`of what the term "behaving undesirably" means in
`the context of the '593 patent?
` A. If you're referring to a phrase in one
`of the claims, to speed this up, perhaps you
`could point me to the claim where that language
`appears.
` Q. Sure.
` If we look at Claim 10.
` A. Okay. I see that.
` Q. And do you have an understanding of
`what that term, "behaving undesirably," means in
`the context of the '593 patent?
` A. The patent doesn't define that term,
`and I haven't offered an opinion as to the --
`what the full scope of that term means.
` Q. Okay.
` Okay. And if we can put up
`Exhibit 1003.
` (Exhibit 1003 was previously
` marked for identification.)
`
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`BY MR. HIPSKIND:
` Q. And, Dr. Jeffay, this is a copy of the
`declaration -- your declaration that was
`submitted in this proceeding.
` If we can look at paragraph 156, which
`is on page 85 of the PDF.
` A. Okay. I'm there.
` Q. Okay. And do you mind just rereading
`paragraph 156 to yourself, and let me know when
`you're done.
` A. Sure.
` Okay.
` Q. In here you -- well, I guess, let me
`back up and ask: Are you identifying unruly,
`bandwidth-intensive applications as undesirable
`behavior?
` A. I'm identifying that as what I believe
`a person of ordinary skill in the art would
`understand as an example of undesirable
`behavior.
` Q. Okay. Are there any other examples of
`undesirable behavior a person of ordinary skill
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`in the art would have understood in 2003?
` A. There very well may be. I seem to -- I
`mean, the report speaks for itself, but I
`believe that's the primary example I identify in
`this declaration.
` Q. Okay. Can you name any other examples?
` A. As I say, I mean, sitting here today,
`this is the -- this is really the only example,
`I think, in this declaration that's identified.
`But, of course, the report speaks for itself.
` Q. In the context of the '593 patent, what
`is a badness factor?
` A. So the patent doesn't define the term,
`and I believe it just simply says it's something
`that's computed based on behavioral statistics
`to represent undesirable behavior.
` So the patent doesn't offer a
`definition of it, and it's not a term of art in
`the networking field, and I haven't offered a
`definition of the term.
` Q. Okay. We'll come back to that.
` Okay. Can we turn to paragraph 127 of
`
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`your declaration.
` A. Okay. I'm there.
` Q. Okay. And let me just make sure before
`I get into it that -- do you have a copy of the
`Yung reference that we'll be discussing today?
` A. Yes.
` Q. Okay.
` A. I have a clean copy of the Yung
`reference.
` Q. Okay. So in paragraph 127 you state
`your opinion that a POSA, a person of ordinary
`skill in the art, would have known that routers
`were bandwidth management devices; is that
`correct?
` A. Yes, that's correct.
` Q. And what is that based on?
` A. Well, a person of skill in the art in
`the timeframe of the '593 patent, which I
`understand is in the 2004 period, would have
`been well aware of what was commercially
`available in router products. And by 2004,
`routers commonly supported a wide variety of
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`queuing disciplines and scheduling disciplines
`based on those queues, and all of this was to
`manage bandwidth utilization by flows in the
`network.
` I cite to a large number of prior art
`RFCs and publications in the background of this
`report, and taken together what they show is
`that the field had universally moved towards
`using routers to perform functions beyond
`traditional Layer 3 routing, and in particular
`were being used to, for example, provide quality
`of service, which is a means of differentiating
`the forwarding service that are applied to
`different classes of flows. And that is -- you
`know, that's fundamentally bandwidth management.
`It's determining which flows get access to the
`bandwidth on an egress link.
` So this is where the whole field was,
`and a person of skill in the art would have
`known all of this; that routers, as I say, were
`at this point in time significantly more than
`just Layer 3 forwarding devices.
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` Q. Okay. And is a firewall synonymous
`with a router?
` A. A firewall refers to mechanisms by
`which you can filter traffic. So it's a class
`of function, and that class of function can be
`provided in a variety of ways. They originally
`started out as stand-alone devices and, like so
`many things in networking, got integrated into
`other network devices, such as routers. And
`certainly by the 2004 timeframe, I believe
`probably every -- you know, every sort of, you
`know, work group or enterprise-class router
`supported firewall functions.
` So they're functions that, as I say,
`primarily exist to control traffic, to manage
`bandwidth, and they were functions that were
`commonly found in routers.
` Q. Okay. And is a gateway synonymous with
`a router?
` A. The original conception of a gateway --
`"gateway" is the original term for a router. So
`persons of skill in the art understand that
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`certainly in the context of the '593 patent, a
`gateway is a router.
` Q. Okay. And is a gateway disclosed in
`the '593 patent?
` A. I don't recall if the '593 patent uses
`the word "gateway" or not. I mean, the patent
`says what it says. I just don't recall if that
`particular word appears there be.
` Q. Okay. And is a proxy synonymous with a
`router?
` A. Proxies are typically understood as a
`broader concept than a router and much more tied
`to application-layer protocols where routers are
`more tied to network-layer protocols. But as
`has been the case in the networking industry,
`and certainly by the time of the '593 patent, as
`the hardware in routers became more capable,
`router vendors put more and more function into
`routers.
` And so I am certain there would have
`been examples of routers that were commercially
`available that had proxy capabilities for some
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`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 17
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 18
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`protocols.
` Q. Okay. And that was all known by 2004?
` A. Yes. There would have been commercial
`products available that embodied firewall
`functionality, for example, and some proxy
`functionality, as well as a large number of
`bandwidth management features and functions.
` Q. What are some examples of bandwidth
`management devices?
` A. Well, I think the most dominant example
`by 2004 would have been a router. As I say, the
`Internet community had developed a variety of
`standards and mechanisms for controlling
`traffic, and these things sooner or later made
`their way into routers.
` I think it's important to understand
`that bandwidth management features have been
`proposed for routers long before the
`'593 patent, going back to at least the early to
`mid-1990s, so potentially ten years before the
`'593 patent.
` So, as I mentioned, you know, specific
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 18
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`
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`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 19
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`examples include things like a variety of
`queuing disciplines, basically ways to
`differentiate forwarding services based on some
`aspect of traffic, either a class of traffic or
`some property of a flow of traffic.
` And so routers would have a rich set of
`mechanisms for queuing traffic, choosing which
`packets go in which queues, and then a variety
`of mechanisms for controlling the scheduling out
`of those queues to determine which class of
`flows, which class of packets are going to
`receive higher or lower priority than other
`classes of packets.
` And all this, as I say, was to try and
`provides some notion of quality of service to
`flows that went beyond the traditional just
`best-effort forwarding service of legacy
`routers.
` MR. HIPSKIND: Okay. Can we look at
`Exhibit 1005, which is the Yung reference.
` (Exhibit 1005 was previously
` marked for identification.)
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 19
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`
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`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 20
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` THE WITNESS: Okay. I have that.
` MR. HIPSKIND: And can we look at
`Column 3, which for the PDF is on PDF page 15.
`And can we look at lines 20 through 47, that
`paragraph.
` Q. Do you mind reading that paragraph to
`yourself and letting me know when you're done?
` A. Sure. I was just going to say give me
`a minute to read.
` Q. Sure. Take your time.
` A. It's a long paragraph.
` Okay. I've read it.
` Q. Okay. Is it your opinion that a person
`of ordinary skill in the art reading Yung would
`understand a router to be used interchangeably
`with a bandwidth management device?
` A. No. I mean, I think a person of skill
`would understand that a router is a bandwidth
`management device but that not all bandwidth
`management devices are routers.
` Q. Okay. And going back to your
`declaration, if we look at paragraph 128.
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
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`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 20
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 21
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` A. Okay.
` Q. This is Exhibit 1003.
` And in the second sentence you state
`that a person of ordinary skill in the art would
`have known routers are among the most common
`network devices; is that right?
` A. Yes.
` Q. What is that based on?
` A. Well, it's certainly based on my
`knowledge and experience, and I really don't
`think it's a very controversial statement.
` Networks are composed of routers, which
`are Layer 3 forwarding devices, and in the 2004
`time period they're also primarily compromised
`of switches, which are Layer 2 forwarding
`devices, and then, of course, you have the links
`that connect them. So, you know, by far and
`away the most common forms of network devices
`were Layer 3 routers and Layer 2 switches, and
`those would account for probably 99 percent of
`all of the devices inside the network. So
`differentiating the network from the endpoints
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
`
`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 21
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`
`
`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
`
`Kevin Jeffay, Ph.D.
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`Page 22
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`of the network.
` And so because of that, I think this is
`an accurate statement that a POSA would have
`known that routers are among the most common
`network devices.
` Q. Then let's look back at Yung.
` A. Okay.
` Q. And are you aware of any disclosures in
`Yung that teach that the functionality of the
`bandwidth management device being described
`being implemented on a router?
` A. Well, I think Yung is very open-ended
`in its discussion of its invention and I think,
`in a sense, is fairly agnostic about where in a
`network you implement its technology.
` And so the fact that it says that it
`can be done in network devices, for example, is
`an incredibly broad statement, which indicates
`to a person of ordinary skill in the art that,
`you know, where the functions are implemented
`are not so important.
` And then, of course, as I talk about in
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
`
`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 22
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`
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`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
`
`Kevin Jeffay, Ph.D.
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`Page 23
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`my declaration -- so the fact that it says
`bandwidth management devices, network devices
`and gateways, I think each one of them
`independently teaches a person of ordinary skill
`in the art that Yung's inventions can be applied
`in a router, and certainly the combination of
`those disclosures would teach a person of
`ordinary skill in the art that Yung's inventions
`could be placed in a router.
` And even if Yung hadn't said anything
`about this, just in the 2004 timeframe someone
`reading the '593 patent who encountered Yung
`would have recognized that Yung's teachings
`could be put in a router --
` Q. Okay.
` A. -- just because of the ubiquity of such
`functions already being present in routers in
`the 2004 timeframe.
` Q. And could the invention described in
`Yung be implemented on a local area computer?
` THE VIDEOGRAPHER: Counsel, my
`apologies. What page are you on?
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 23
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`
`
`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
`
`Kevin Jeffay, Ph.D.
`
`Page 24
` MR. HIPSKIND: I'm not on a page. That
`was just a question.
` THE WITNESS: So you're going to have
`to help me. "Local area computer" is not a term
`of art that I'm familiar with, so perhaps you
`could help me understand what you mean by that.
`BY MR. HIPSKIND:
` Q. Sure. If we can turn to page 21 of the
`PDF. This is Column 16 of Yung.
` Starting at the top, the first sentence
`says, "Bandwidth management device 130 is
`provided between router 22 and local area
`computer network 40."
` A. Oh, I see. I'm sorry I don't think you
`had the word "network" in your previous
`question.
` Q. That's right; I didn't.
` A. Okay.
` Q. So what does the term "local area
`computer network" mean to you?
` A. That just means what we -- I think is
`colloquially referred to as a LAN. Technically,
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
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`202-232-0646
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 24
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 25
`it's the set of computers on a network that are
`reachable via a Layer 2 data link layer protocol
`and only a data link layer protocol, such as
`Ethernet, for example.
` Q. Okay. And so if we look at Figure 1 --
`this is PDF page 3 of Yung.
` A. Okay.
` Q. And if we look at what's labeled 42 in
`the image, what would a person of ordinary skill
`in the art think that that image is, 42?
` A. Well, Yung, I believe, simply just
`describes 42 as a client computer. And that's
`in Column 6 of Yung at around line 50.
` Q. Okay. Client device.
` Could the invention described in Yung
`be implemented on a client device?
` A. Yung does haven't any teaching of -- as
`I recall, of implementing its inventions on a
`client device. And generally a person of skill
`in the art would understand that what's
`essential is -- as illustrated in Figure 1, is
`that the traffic monitoring device be able to
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`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
`
`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 25
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
`
`
`
`2/23/2022
`
`Cloudfare, Inc. v. Sable Networks, Inc.
`
`Kevin Jeffay, Ph.D.
`
`Page 26
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`see copies of all packets flowing on a link.
`And absent some particular unique configuration
`of the client computer 42, it wouldn't be able
`to see all copies of all packets flowing on a
`link.
` Q. Okay. So is it your opinion that 42
`could be configured in a unique way to implement
`the invention described in Yung?
` A. I think that we're going beyond the
`level of skill of a person of ordinary skill in
`the art, certainly of the '593 patent to do it
`with more skill than I think a POSA has. I know
`it's certainly possible to do that, but I don't
`think that's contemplated in Yung.
` Q. Okay. Is a client device a network
`device?
` A. I think as Yung is using the phrase
`"network device," I think Yung is -- I think a
`fair read of Yung is that it's referring to the
`devices that actually make up -- that implement
`the network. And I think Yung would treat
`computers 42 and 44 in Figure 1 as just simply
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
`
`202-232-0646
`
`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 26
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`Page 27
`clients and server -- client computer and server
`computers.
` Q. Okay. And what is the figure labeled
`22 in Figure 1?
` Sorry. That's a bad question. Let me
`strike that and just...
` In Figure 1, what is the other item
`labeled 22?
` A. So 22, Yung I think just simply
`identifies it as a network device. And that's
`in Column 6 around line 58 -- 57 and 58.
` Q. Okay. Can we look at paragraph 132 of
`your declaration. So Exhibit 1003.
` A. Okay.
` Q. Hold on a second. It might be 137.
` Got it. Yeah, so 137. Sorry.
` A. Okay.
` Q. You cite to US Patent No. 7,342,929; is
`that right?
` A. That's correct.
` MR. HIPSKIND: Okay. And that is
`Exhibit 1030. So if we could pull that up.
`
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 27
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 28
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` (Exhibit 1030 was previously
` marked for identification.)
` THE WITNESS: Okay. Let me...
` If you could put that in the Box site.
`I do not have a copy of that one, so I'll need
`to get a soft copy.
` MR. HIPSKIND: Yeah.
` DeShawn, do you mind doing that?
` THE VIDEOGRAPHER: It's in the Box now.
`Go ahead and refresh.
` THE WITNESS: Thank you. Yes, I see
`it. Thank you.
`BY MR. HIPSKIND:
` Q. Okay. And if we could turn to
`Column 11.
` A. Hold on. I'm still trying to download
`this.
` Q. Yeah, take your time.
` A. I have it. No. I don't have it.
` All right. I have it. And you said
`Column 11?
` Q. Correct.
`
`www.DigitalEvidenceGroup.comDigital Evidence Group C'rt 2022
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`Sable Networks, Inc. Exhibit 2007
`Page 2007 - 28
`IPR2021-00909, Cloudflare, Inc. v. Sable Networks, Inc.
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`2/23/2022
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`Cloudfare, Inc. v. Sable Networks, Inc.
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`Kevin Jeffay, Ph.D.
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`Page 29
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` A. Okay.
` Q. And if we can look at the paragraph
`kind of in the bottom third of Column 11 that
`begins at line 43 --
` A. Okay.
` Q. -- and ends at 51.
` Do you mind reading that to yourself
`and letting me know when you're done.
` A. Sure.
` Okay. I've read it.
` Q. Okay. And what's being described there
`is apparatus D, a separate device on the
`network?
` A. Was that a question, or are you --
` Q. Yes.
` A. What's being described here is
`certainly an apparatus that is labeled D.
` Q
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