UNITED STATES PATENT AND TRADEMARK OFFICE
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________
`
`CLOUDFLARE, INC.
`Petitioner
`
`v.
`
`SABLE NETWORKS, INC.
`Patent Owner
`
`___________
`
`Case IPR2021-00909
`Patent No. 8,243,593
`___________
`
`PETITIONER’S UPDATED LIST OF EXHIBITS
`
`
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________
`
`CLOUDFLARE, INC.
`Petitioner
`
`v.
`
`SABLE NETWORKS, INC.
`Patent Owner
`
`___________
`
`Case IPR2021-00909
`Patent No. 8,243,593
`___________
`
`PETITIONER’S UPDATED LIST OF EXHIBITS
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`LIST OF EXHIBITS
`
`Exhibit
`
`Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`U.S. Patent No. 8,243,593 (the “’593 Patent”)
`
`Prosecution history of U.S. Application No. 11/022,599, which led
`to the issuance of the ’593 Patent (“File History”)
`
`Declaration of Kevin Jeffay, Ph.D. in Support of Petition for Inter
`Partes Review of U.S. Patent No. 8,243,593
`
`Curriculum Vitae of Kevin Jeffay
`
`U.S. Patent No. 7,664,048 (“Yung”)
`
`“Four Steps to Application Performance Across the Network with
`Packeteer’s PacketShaper®,” archived by web.archive.org on
`March 17, 2003, with Affidavit of Elizabeth Rosenberg attached
`(“Four-Steps Whitepaper”)
`
`U.S. Patent No. 7,185,368 (“Copeland”)
`
`U.S. Patent No. 7,295,516 (“Ye”)
`
`U.S. Patent Publication No. 2004/0090923 (“Kan”)
`
`Gerber, A., et al., “P2P, the Gorilla in the Cable,” Proceedings of
`National Cable & Telecommunications Association, NCTA, 2003
`(“Gerber”)
`
`U.S. Patent No. 7,225,271 (“DiBiasio”)
`
`U.S. Patent No. 7,561,515 (“Ross”)
`
`Ben-Nun, M., “Taming the Peer to Peer Monster Using Service
`Control,” Fall Technical Forum (2003) (“Ben-Nun”)
`
`U.S. Patent No. 6,839,321 (“Chiruvolu”)
`
`U.S. Patent No. 7,088,678 (“Freed”)
`
`1
`
`
`
`Exhibit
`
`1016
`
`1017
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Description
`
`“NetEnforcerTM, QoS/SLA Enforcement for Service Providers,”
`Allot Communications (2001)
`
`“PacketShaper® Features for PacketWise 5.2,” Packeteer, Inc.
`
`U.S. Patent No. 7,366,101 (“Varier”)
`
`Andrikopoulos, I., Pavlou, G., “Supporting Differentiated Services
`in MPLS Networks,” 1999 Seventh International Workshop on
`Quality of Service, including Declaration from Rachel J. Watters,
`Librarian and Director of Wisconsin TechSearch
`(“Andrikopoulos”)
`
`U.S. Patent No. 7,385,924 (“Riddle-924”)
`
`U.S. Patent No. 7,660,248 (“Duffield”)
`
`Sen, S., et al., “Accurate, Scalable In-Network Identification of
`P2P Traffic Using Application Signatures,” Proceedings of the
`13th International Conference on World Wide Web (2004) (“Sen”)
`
`U.S. Patent No. 7,313,100 (“Turner”)
`
`U.S. Patent Publication No. 2002/0186661 (“Santiago”)
`
`U.S. Patent Publication No. 2003/0118029 (“Maher”)
`
`U.S. Patent No. 7,296,288 (“Hill”)
`
`U.S. Patent No. 6,904,529 (“Swander”)
`
`U.S. Patent No. 6,385,170 (“Chiu”)
`
`U.S. Patent No. 6,934,256 (“Jacobson”)
`
`U.S. Patent No. 7,342,929 (“Bremler-Barr”)
`
`PacketShaper® System Datasheet
`
`Boniforti, C., “Securing a University’s Bandwidth with
`PacketShaper,” SANS Institute (2003) (“Boniforti”)
`
`2
`
`
`
`Exhibit
`
`1033
`
`1034
`
`1035
`
`1036
`
`1037
`
`1038
`
`1039
`
`1040
`
`1041
`
`1042
`
`1043
`
`1044
`
`1045
`
`1046
`
`1047
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Description
`
`Braden, R., Postel, J., “RFC 1009 – Requirements for Internet
`Gateways” (1987) (“Braden”)
`
`Roughan, M., et al., “Class-of-Service Mapping for QoS: A
`Statistical Signature-based Approach to IP Traffic Classification,”
`Proceedings of the 4th ACM SIGCOMM Conference on Internet
`Measurement (2004) (“Roughan”)
`
`U.S. Patent No. 7,027,393 (“Cheriton”)
`
`U.S. Patent No. 7,433,304 (“Galloway”)
`
`U.S. Patent No. 6,115,357 (“Packer”)
`
`Szigeti, T., “QoS Best Practices,” Cisco Systems (2004)
`(“Szigeti”)
`
`U.S. Patent No. 6,412,000 to Riddle et al. (“Riddle-000”)
`
`Long L., et al., “Differential Congestion Notification: Taming the
`Elephants,” Proceedings of the 12th IEEE International
`Conference on Network Protocols (Oct. 2004) (“Long”)
`
`Parris M., et al., “Lightweight Active Router-Queue Management
`for Multimedia Networking,” Multimedia Computing and
`Networking” (Jan. 1999) (“Parris”)
`
`U.S. Patent Publication No. 2002/0023168 (“Bass”)
`
`U.S. Application Publication No. 2002/0097719 (“Chaskar”)
`
`Bernaille, L., et al., “Traffic Classification on the Fly,” ACM
`SIGCOMM Computer Communication Review (2006)
`(“Bernaille”)
`
`U.S. Patent No. 7,782,793 (“Olesinski”)
`
`U.S. Patent No. 8,693,348 (“Wei”)
`
`Karagiannis, T., et al., “Transport Layer Identification of P2P
`Traffic,” IMC 04: Proceedings of the 4th ACM SIGCOMM
`3
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Exhibit
`
`Description
`conference on Internet measurement, October 2004
`(“Karagiannis”)
`
`1048
`
`1049
`
`1050
`
`1051
`
`1052
`
`1053
`
`1054
`
`Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated May 8, 2020
`
`Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated June 18, 2020
`
`Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated July 2, 2020
`
`Seventh Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated August 6, 2020
`
`Eighth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated September 21, 2020
`
`Ninth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated October 14, 2020
`
`Tenth Supplemental Order Regarding Court Operations Under the
`Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated November 18, 2020
`
`1055
`
`Eleventh Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic,
`
`4
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Exhibit
`
`Description
`United States District Court for the Western District of Texas
`dated December 10, 2020
`
`1056
`
`1057
`
`1058
`
`1059
`
`1060
`
`1061
`
`1062
`
`1063
`
`1064
`
`1065
`
`Twelfth Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated January 7, 2021
`
`Thirteenth Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic,
`United States District Court for the Western District of Texas
`dated February 2, 2021
`
`Fourteenth Supplemental Order Regarding Court Operations
`Under the Exigent Circumstances Created by the COVID-19
`Pandemic, United States District Court for the Western District of
`Texas dated March 17, 2021
`
`U.S. Patent No. 6,038,216 (“Packer-216”)
`
`Declaration of Daniel C. Callaway in Support of Petition for Inter
`Partes Review
`
`E-mail exchange concluding on August 20, 2021
`
`Scheduling Order in PACSEC3, LLC v Cisco Systems, Inc., Case
`6:21-cv-00388-ADA, dated August 13, 2021
`
`Scheduling Order in Modern Font Applications LLC v Red Lobster
`Hospitality LLC, Case 6:21-cv-00470-ADA, dated August 17,
`2021
`
`Scheduling Order in Optical Licensing, LLC v Arrow Electronics,
`Inc. and Future Electronics Corp., Case 6:21-cv-00186-ADA,
`dated August 13, 2021
`
`Scheduling Order in Identity Security LLC v Apple, Inc., Case
`6:21-cv-00460-ADA, dated August 17, 2021
`
`1066
`
`Sable Networks, Inc. and Sable IP, LLC v Cloudflare, Inc., Case
`
`5
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Exhibit
`
`Description
`6:21-cv-00261-ADA, Opposed Motion to Transfer Venue, dated
`September 1, 2021
`
`1067
`
`1068
`
`1069
`
`1070
`
`1071
`
`1072
`
`1073
`
`1074
`
`1075
`
`1076
`
`1077
`
`1078
`
`1079
`
`1080
`
`1081
`
`Sable Networks, Inc. and Sable IP, LLC v Cloudflare, Inc., Case
`6:21-cv-00261-ADA, [Proposed] Scheduling Order, dated August
`26, 2021
`
`List of Judge Alan D. Albright Active Cases, generated using Lex
`Machina® on September 9, 2021
`
`U.S. Court for Western District of Texas WACO Division, Second
`Amended Standing Order Regarding Motions For Inter-District
`Transfer, dated August 18, 2021
`
`Bradner, S., “RFC 2026 – The Internet Standards Process –
`Revision 3” (1996) (Served Dec. 21, 2021)
`
`U.S. Patent No. 7,336,618 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,336,619 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,336,620 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,336,621 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,136,645 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,310,356 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,254,131 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 5,251,205 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 5,430,727 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,072,323 (Served on Dec. 21, 2021)
`
`Declaration of Duncan Hill of the Internet Archive and Exhibit A,
`dated December 13, 2021 (Served on Dec. 21, 2021)
`
`1082
`
`U.S. Patent No. 7,039,715 (Served on Dec. 21, 2021)
`
`6
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`Exhibit
`
`Description
`
`1083
`
`1084
`
`1085
`
`1086
`
`1087
`
`1088
`
`1089
`
`1090
`
`1091
`
`1092
`
`U.S. Patent No. 7,079,548 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,095,715 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,114,008 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,210,022 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,353,538 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 7,600,033 (Served on Dec. 21, 2021)
`
`U.S. Patent No. 8,139,483 (Served on Dec. 21, 2021)
`
`Murnan, Cynthia A., “Bridging the Bandwidth Gap: Measures to
`Maintain Bandwidth Availability,” SIGUCCS, Portland, OR (Oct.
`2001) (Served on Dec. 21, 2021)
`
`U.S. Patent No. 8,694,610 (Served on Dec. 21, 2021)
`
`Knoetze, Ronald, et al., “The Warehousing of Application
`Services Data to Facilitate Identification of Patterns of Network
`Usage,” University of Port Elizabeth, Port Elizabeth (Aug. 2004)
`(Served on Dec. 21, 2021)
`
`1093
`
`Supplemental Declaration of Kevin Jeffay, Ph.D. (Served on Dec.
`21, 2021)
`
`1094
`
`Declaration of Daniel Callaway (Served on Dec. 21, 2021)
`
`7
`
`
`
`Case IPR2021-00909 (Patent No. 8,243,593)
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on December 21, 2021, I caused a complete and entire
`
`copy of Exhibits 1070-1094 and Petitioner’s Updated List of Exhibits to be served
`
`by electronic means to the Patent Owner’s counsel at the following addresses
`
`identified in Patent Owner’s Mandatory Notices (Paper 5):
`
`weatherwax@lowensteinweatherwax.com,
`Sable_IPRs@lowensteinweatherwax.com.
`
` /James L. Day/
`James L. Day
`Registration No. 72,681
`Farella Braun + Martel LLP
`235 Montgomery Street; 17th Floor
`San Francisco, CA 94104
`
`8
`
`
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