`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
`
`
`
`
`HYUNDAI MOTOR AMERICA,
`Petitioner
`
`v.
`
`STRATOSAUDIO INC.,
`Patent Owner.
`
`
`
`
`DECLARATION OF DR. KEVIN C. ALMEROTH IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,166,081
`
`
`
`Petitioner Hyundai Ex-1002, 0001
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`
`TABLE OF CONTENTS
`
`Contents
`I.
`INTRODUCTION ........................................................................................... 1
`BACKGROUND AND QUALIFICATIONS ................................................. 1
`II.
`INFORMATION CONSIDERED ................................................................. 14
`III.
`IV. RELEVANT LEGAL STANDARDS ........................................................... 14
`A.
`Claim Interpretation ............................................................................ 14
`B.
`Perspective of One of Ordinary Skill in the Art .................................. 15
`C.
`Obviousness ......................................................................................... 15
`LEVEL OF ORDINARY SKILL IN THE ART ........................................... 18
`V.
`VI. SUMMARY OF MY OPINIONS ................................................................. 19
`VII. TECHNOLOGICAL BACKGROUND ........................................................ 20
`VIII. THE ’081 PATENT AND ITS FILE HISTORY .......................................... 23
`IX. OVERVIEW OF THE APPLIED PRIOR ART REFERENCES ................. 28
`A. Noreen (Ex-1005) ................................................................................ 28
`B.
`Crosby (Ex-1006) ................................................................................ 30
`C.
`Ellis-2002 (Ex-1007) ........................................................................... 32
`D.
`Ellis-2005 (Ex-1008) ........................................................................... 33
`X. DETAILED EXPLANATION OF THE UNPATENTABILITY
`GROUNDS .................................................................................................... 35
`A.
`Claims 9, 15, and 23 are rendered obvious by Noreen (Ex-
`1005) (Ground 1) or Noreen in view of Crosby (Ex-1006)
`(Ground 2). .......................................................................................... 35
`
`-i-
`
`
`
`Petitioner Hyundai Ex-1002, 0002
`
`
`
`B.
`
`C.
`
`1.
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`A POSITA would have been motivated to combine the
`teachings of Noreen and Crobsy, and would have had a
`reasonable expectation of success in doing so. ......................... 35
`Independent Claim 9 ................................................................. 38
`2.
`Dependent Claims 15 and 23 .................................................... 46
`3.
`Claims 10 and 11 are rendered obvious by Noreen (Ex-1005) in
`view of Crosby (Ex-1006) and Ellis-2002 (Ex-1007) (Ground
`3) .......................................................................................................... 50
`1.
`A POSITA would have been motivated to combine the
`teachings of Noreen, Crosby, and Ellis-2002, and would
`have had a reasonable expectation of success in doing so........ 50
`Dependent Claims 10-11 ........................................................... 52
`2.
`Claims 9-11, 15, and 23 are rendered obvious by Ellis-2005
`(Ex-1008) alone (Ground 4) or Ellis-2005 in view of Crosby
`(Ex-1006) (Ground 5). ......................................................................... 56
`1.
`A POSITA would have been motivated to combine the
`teachings of Ellis-2005 and Crosby, and would have had
`a reasonable expectation of success in doing so. ...................... 56
`Independent Claim 9 ................................................................. 58
`2.
`Dependent Claims 10-11, 15, and 23 ........................................ 69
`3.
`XI. CONCLUSION .............................................................................................. 75
`
`
`
`
`
`
`-ii-
`
`
`
`
`
`Petitioner Hyundai Ex-1002, 0003
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`I, Dr. Kevin C. Almeroth, declare as follows:
`
`1.
`
`I.
`
`INTRODUCTION
`2.
`I have been retained by Hyundai Motor America. (“Hyundai” or
`
`“Petitioner”) as an independent expert consultant in this inter partes review
`
`(“IPR”) proceeding before the United States Patent and Trademark Office
`
`(“PTO”).
`
`3.
`
`I have been asked by Hyundai Counsel (“Counsel”) to consider
`
`whether certain references disclose, teach, and/or suggest the features recited in
`
`Claims 9-11, 15, and 23 of U.S. Patent No. 8,166,081 (“the ’081 Patent”) (Ex-
`
`1001)1. My opinions and the bases for my opinions are set forth below.
`
`4.
`
`I am being compensated at my ordinary and customary consulting rate
`
`for my work, which is $750 per hour. My compensation is in no way contingent on
`
`the nature of my findings, the presentation of my findings in testimony, or the
`
`outcome of this or any other proceeding. I have no other financial interest in this
`
`proceeding.
`
`II. BACKGROUND AND QUALIFICATIONS
`5.
`All of my opinions stated in this Declaration are based on my own
`
`personal knowledge and professional judgment. In forming my opinions, I have
`
`
`
` 1
`
` Where appropriate, I refer to exhibits that I understand are attached to the petition
`for IPR of the ’081 Patent.
`
`1
`
`
`
`Petitioner Hyundai Ex-1002, 0004
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`relied on my knowledge and experience in designing, developing, researching, and
`
`teaching the technology referenced in this Declaration.
`
`6.
`
`I am over 18 years of age and, if I am called upon to do so, I would be
`
`competent to testify as to the matters set forth herein. I understand that a copy of
`
`my current curriculum vitae, which details my education and professional and
`
`academic experience, is being submitted as Ex-1003. The following provides a
`
`brief overview of some of my experience that is relevant to the matters set forth in
`
`this Declaration.
`
`7.
`
`I am currently a Professor Emeritus in the Department of Computer
`
`Science at the University of California, Santa Barbara (UCSB). While active at
`
`UCSB, I held faculty appointments and was a founding member of the Computer
`
`Engineering (CE) Program, Media Arts and Technology (MAT) Program, and the
`
`Technology Management Program (TMP). I also served as the Associate Director
`
`of the Center for Information Technology and Society (CITS) from 1999 to 2012. I
`
`have been a faculty member at UCSB since July 1997.
`
`8.
`
`I hold three degrees from the Georgia Institute of Technology: (1) a
`
`Bachelor of Science degree in Information and Computer Science (with minors in
`
`Economics, Technical Communication, and American Literature) earned in June
`
`1992; (2) a Master of Science degree in Computer Science (with specialization in
`
`Networking and Systems) earned in June 1994; and (3) a Doctor of Philosophy
`
`2
`
`
`
`Petitioner Hyundai Ex-1002, 0005
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`(Ph.D.) degree in Computer Science (Dissertation Title: Networking and System
`
`Support for the Efficient, Scalable Delivery of Services in Interactive Multimedia
`
`System, minor in Telecommunications Public Policy) earned in June 1997. During
`
`my education, I have taken a wide variety of courses as demonstrated by my
`
`minor. My undergraduate degree also included a number of courses more typical of
`
`a degree in electrical engineering including digital logic, signal processing, and
`
`telecommunications theory.
`
`9.
`
`One of the major concentrations of my research over the past 30+
`
`years has been the delivery of multimedia content and data between computing
`
`devices, including various network architectures. In my research, I have studied
`
`large-scale content delivery systems, and the use of servers located in a variety of
`
`geographic locations to provide scalable delivery to hundreds or thousands of users
`
`simultaneously. I have also studied smaller-scale content delivery systems in which
`
`content is exchanged between individual computers and portable devices. My work
`
`has emphasized the exchange of content more efficiently across computer
`
`networks, including the scalable delivery of content to many users, mobile
`
`computing, satellite networking, delivering content to mobile devices, and network
`
`support for data delivery in wireless networks.
`
`10.
`
`In 1992, the initial focus of my research was on the provision of
`
`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-
`
`3
`
`
`
`Petitioner Hyundai Ex-1002, 0006
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`forward) for near video-on-demand systems in cable systems; in particular, how to
`
`aggregate requests for movies at a cable head-end and then how to satisfy a
`
`multitude of requests using one audio/video stream broadcast to multiple receivers
`
`simultaneously. This research has continually evolved and resulted in the
`
`development of techniques to scalably deliver on-demand content, including audio,
`
`video, web documents, and other types of data, through the Internet and over other
`
`types of networks, including over cable systems, broadband telephone lines, and
`
`satellite links.
`
`11. An important component of my research has been investigating the
`
`challenges of communicating multimedia content, including video, between
`
`computers and across networks including the Internet. Although the early Internet
`
`was used mostly for text-based, non-real time applications, the interest in sharing
`
`multimedia content, such as video, quickly developed. Multimedia-based
`
`applications ranged from downloading content to a device to streaming multimedia
`
`content to be instantly used. One of the challenges was that multimedia content is
`
`typically larger than text-only content, but there are also opportunities to use
`
`different delivery techniques since multimedia content is more resilient to errors. I
`
`have worked on a variety of research problems and used a number of systems that
`
`were developed to deliver multimedia content to users. One content-delivery
`
`method I have researched is the one-to-many communication facility called
`
`4
`
`
`
`Petitioner Hyundai Ex-1002, 0007
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`“multicast,” first deployed as the Multicast Backbone, a virtual overlay network
`
`supporting one-to-many communication. Multicast is one technique that can be
`
`used on the Internet to provide streaming media support for complex applications
`
`like video-on-demand, distance learning, distributed collaboration, distributed
`
`games, and large-scale wireless communication. The delivery of media through
`
`multicast often involves using Internet infrastructure, devices and protocols,
`
`including protocols for routing and TCP/IP.
`
`12. Starting in 1997, I worked on a project to integrate the streaming
`
`media capabilities of the Internet together with the interactivity of the web. I
`
`developed a project called the Interactive Multimedia Jukebox (IMJ). Users would
`
`visit a web page and select content to view. The content would then be scheduled
`
`on one of a number of channels, including delivery to students in Georgia Tech
`
`dorms delivered via the campus cable plant. The content of each channel was
`
`delivered using multicast communication.
`
`13.
`
`In the IMJ, the number of channels varied depending on the
`
`capabilities of the server including the available bandwidth of its connection to the
`
`Internet. If one of the channels was idle, the requesting user would be able to watch
`
`their selection immediately. If all channels were streaming previously selected
`
`content, the user’s selection would be queued on the channel with the shortest wait
`
`time. In the meantime, the user would see what content was currently playing on
`
`5
`
`
`
`Petitioner Hyundai Ex-1002, 0008
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`other channels, and because of the use of multicast, would be able to join one of
`
`the existing channels and watch the content at the point it was currently being
`
`transmitted.
`
`14. The IMJ service combined the interactivity of the web with the
`
`streaming capabilities of the Internet to create a jukebox-like service. It supported
`
`true Video-on-Demand when capacity allowed, but scaled to any number of users
`
`based on queuing requested programs. As part of the project, we obtained
`
`permission from Turner Broadcasting to transmit cartoons and other short-subject
`
`content. We also connected the IMJ into the Georgia Tech campus cable television
`
`network so that students in their dorms could use the web to request content and
`
`then view that content on one of the campus’s public access channels.
`
`15. More recently, I have also studied issues concerning how users choose
`
`content, especially when considering the price of that content. My research has
`
`examined how dynamic content pricing can be used to control system load. By
`
`raising prices when systems start to become overloaded (i.e., when all available
`
`resources are fully utilized) and reducing prices when system capacity is readily
`
`available, users’ capacity to pay as well as their willingness can be used as factors
`
`in stabilizing the response time of a system. This capability is particularly useful in
`
`systems where content is downloaded or streamed on-demand to users.
`
`16. As a parallel research theme, starting in 1997, I began researching
`
`6
`
`
`
`Petitioner Hyundai Ex-1002, 0009
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`issues related to wireless devices and sensors. In particular, I was interested in
`
`showing how to provide greater communication capability to “lightweight
`
`devices,” i.e., small form-factor, resource-constrained (e.g., CPU, memory,
`
`networking, and power) devices. Starting in 1998, I published several papers on
`
`my work to develop a flexible, lightweight, battery-aware network protocol stack.
`
`The lightweight protocols we envisioned were similar in nature to protocols like
`
`Bluetooth, Universal Plug and Play (UPnP) and Digital Living Network Alliance
`
`(DLNA).
`
`17. From this initial work, I have made wireless networking-including ad
`
`hoc, mesh networks and wireless devices-one of the major themes of my research.
`
`My work in wireless network spans the protocol stack from applications through to
`
`the encoding and exchange of data at the data link and physical layers.
`
`18. At the application layer, even before the large-scale “app stores” were
`
`available, my research looked at building, installing, and using apps for a variety of
`
`purposes, from network monitoring to support for traditional computer-based
`
`applications (e.g., content retrieval) to new applications enabled by ubiquitous,
`
`mobile devices. For example, my research has looked at developing applications
`
`for virally exchanging and tracking “coupons” through “opportunistic contact”
`
`(i.e., communication with other devices coming into communication range with a
`
`user). In many of the courses I have taught there is a project component. Through
`
`7
`
`
`
`Petitioner Hyundai Ex-1002, 0010
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`these projects I have supervised numerous efforts to develop new “apps” for
`
`download and use across a variety of mobile platforms.
`
`19. Toward the middle of the protocol stack, my research also looked to
`
`build wireless infrastructure support to enable communication among a set of
`
`mobile devices unaided by any other kind of network infrastructure. These kinds of
`
`networks are useful either in challenged network environments (e.g., when a
`
`natural disaster has destroyed existing infrastructure) or when suitable support for
`
`network communication never existed. The deployment of such networks (or even
`
`the use of traditional network support) are critical to support services like disaster
`
`relief, catastrophic event coordination, and emergency services deployment.
`
`20. Yet another theme is monitoring wireless networks, in particular
`
`different variants of IEEE 802.11 compliant networks, to (1) understand the
`
`operation of the various protocols used in real-world deployments, (2) use these
`
`measurements to characterize use of the networks and identify protocol limitations
`
`and weaknesses, and (3) propose and evaluate solutions to these problems. I have
`
`successfully used monitoring techniques to study wireless data link layer protocol
`
`operation and to improve performance by enhancing the operation of such
`
`protocols. For wireless protocols, this research includes functions like network
`
`acquisition and channel bonding.
`
`21. Protecting networks, including their operation and content, has been
`
`8
`
`
`
`Petitioner Hyundai Ex-1002, 0011
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`an underlying theme of my research almost since the beginning of my research
`
`career. Starting in 2000, I have been involved in several projects that specifically
`
`address security, network protection, and firewalls. After significant background
`
`work, a team on which I was a member successfully submitted a $4.3M grant
`
`proposal to the Army Research Office (ARO) at the Department of Defense to
`
`propose and develop a high-speed intrusion detection system. Key aspects of the
`
`system included associating streams of packets and analyzing them for viruses and
`
`other malware. Once the grant was awarded, we spent several years developing
`
`and meeting the milestones of the project. A number of my students worked on
`
`related projects and published papers on topics ranging from intrusion detection to
`
`developing advanced techniques to be incorporated into firewalls. I have also used
`
`firewalls, including their associated malware detection features, in developing
`
`techniques for the classroom to ensure that students are not distracted by online
`
`content.
`
`22. Recent work ties some of the various threads of my past research
`
`together. I have investigated content delivery in online social networks and
`
`proposed reputation management systems in large-scale social networks and
`
`marketplaces. On the content delivery side, I have looked at issues of caching and
`
`cache placement, especially when content being shared and the cache has
`
`geographical relevance. We were able to show that effective caching strategies can
`
`9
`
`
`
`Petitioner Hyundai Ex-1002, 0012
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`greatly improve performance and reduce deployment costs. Our work on reputation
`
`systems showed that reputations have economic value, and as such, creates a
`
`motivation to manipulate reputations. In response, we developed a variety of
`
`solutions to protect the integrity of reputations in online social networks. The
`
`techniques we developed for content delivery and reputation management were
`
`particularly relevant in peer-to-peer communication and recommendations for
`
`downloadable “apps.”
`
`23. As an important component of my research program, I have been
`
`involved in the development of academic research into available technology in the
`
`market place. One aspect of this work is my involvement in the Internet
`
`Engineering Task Force (IETF). The IETF is a large and open international
`
`community of network designers, operators, vendors, and researchers concerned
`
`with the evolution of the Internet architecture and the smooth operation of the
`
`Internet. I have been involved in various IETF groups including many content
`
`delivery-related working groups like the Audio Video Transport (AVT) group, the
`
`MBone Deployment (MBONED) group, Source Specific Multicast (SSM) group,
`
`the Inter-Domain Multicast Routing (IDMR) group, the Reliable Multicast
`
`Transport (RMT) group, the Protocol Independent Multicast (PIM) group, etc. I
`
`have also served as a member of the Multicast Directorate (MADDOGS), which
`
`oversaw the standardization of all things related to multicast in the IETF. Finally, I
`
`10
`
`
`
`Petitioner Hyundai Ex-1002, 0013
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`was the Chair of the Internet2 Multicast Working Group for seven years.
`
`24. My involvement in the research community extends to leadership
`
`positions for several academic journals and conferences. I am the co-chair of the
`
`Steering Committee for the ACM Network and System Support for Digital Audio
`
`and Video (NOSSDAV) workshop and on the Steering Committees for the
`
`International Conference on Network Protocols (ICNP), ACM Sigcomm
`
`Workshop on Challenged Networks (CHANTS), and IEEE Global Internet (GI)
`
`Symposium. I have served or am serving on the Editorial Boards of IEEE/ACM
`
`Transactions on Networking, IEEE Transactions on Mobile Computing, IEEE
`
`Network, ACM Computers in Entertainment, AACE Journal of Interactive
`
`Learning Research (JILR), and ACM Computer Communications Review. I have
`
`co-chaired a number of conferences and workshops including the IEEE
`
`International Conference on Network Protocols (ICNP), IEEE Conference on
`
`Sensor, Mesh and Ad Hoc Communications and Networks (SECON), International
`
`Conference on Communication Systems and Networks (COMSNETS), IFIP/IEEE
`
`International Conference on Management of Multimedia Networks and Services
`
`(MMNS), the International Workshop On Wireless Network Measurement
`
`(WiNMee), ACM Sigcomm Workshop on Challenged Networks (CHANTS), the
`
`Network Group Communication (NGC) workshop, and the Global Internet
`
`Symposium, and I have served on the program committees for numerous
`
`11
`
`
`
`Petitioner Hyundai Ex-1002, 0014
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`
`conferences.
`
`25. Furthermore, in the courses I taught at UCSB, a significant portion of
`
`my curriculum covered aspects of the Internet and network communication
`
`including the physical and data link layers of the Open System Interconnect (OSI)
`
`protocol stack, and standardized protocols for communicating across a variety of
`
`physical media such as cable systems, telephone lines, wireless, and high-speed
`
`Local Area Networks (LANs). The courses I have taught also cover most major
`
`topics in Internet communication, including data communication, multimedia
`
`encoding, and mobile application design. My research and courses have covered a
`
`range of physical infrastructures for delivering content over networks, including
`
`cable, Integrated Services Digital Network (ISDN), Ethernet, Asynchronous
`
`Transfer Mode (ATM), fiber, and Digital Subscriber Line (DSL). For a complete
`
`list of courses I have taught, see my curriculum vitae (CV) (Ex-1003).
`
`26.
`
`In addition, I co-founded a technology company called Santa Barbara
`
`Labs that was working under a sub-contract from the U.S. Air Force to develop
`
`very accurate emulation systems for the military’s next generation internetwork.
`
`Santa Barbara Labs’ focus was in developing an emulation platform to test the
`
`performance characteristics of the network architecture in the variety of
`
`environments in which it was expected to operate, and, in particular, for network
`
`services including IPv6, multicast, Quality of Service (QoS), satellite-based
`
`12
`
`
`
`Petitioner Hyundai Ex-1002, 0015
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`communication, and security. Applications for this emulation program included
`
`communication of a variety of multimedia-based services, including video
`
`conferencing and video-on-demand.
`
`27.
`
`In addition to having co-founded a technology company myself, I
`
`have worked for, consulted with, and collaborated with companies for nearly 30
`
`years. These companies range from well-established companies to start-ups and
`
`include IBM, Hitachi Telecom, Turner Broadcasting System (TBS), Bell South,
`
`Digital Fountain, RealNetworks, Intel Research, Cisco Systems, and Lockheed
`
`Martin.
`
`28. Through my graduate education, leadership with CITS, involvement
`
`in TMP, role in the development of the Internet2 infrastructure, and consulting
`
`with ISPs, I have gained a strong understanding in the role of the Internet in our
`
`society and the challenges of deploying large-scale production networking
`
`infrastructure. CITS, since its inception, has looked at the role of the Internet in
`
`society, including how the evolution of technology have created communication
`
`opportunities and challenges, including, for example through disruptive
`
`technologies like P2P. TMP looks to focus on non-purely technical issues,
`
`including, for example, state-of-the-art business methods, strategies for successful
`
`technology commercialization, new venture creation, and best practices for
`
`fostering innovation. Through my industry collaborations and Internet2 work, I
`
`13
`
`
`
`Petitioner Hyundai Ex-1002, 0016
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`have developed significant experience in the challenges of deploying, monitoring,
`
`managing, and scaling communication infrastructure to support evolving Internet
`
`services like streaming media, conferencing, content exchange, social networking,
`
`and e-commerce.
`
`29.
`
`I am a Member of the Association of Computing Machinery (ACM)
`
`and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
`
`III.
`
`INFORMATION CONSIDERED
`30.
`In preparation for this Declaration, I have considered the materials
`
`discussed in this Declaration, including, for example, the ’081 Patent, the
`
`references cited by the ’081 Patent, the prosecution history of the ’081 Patent,
`
`various background articles and materials referenced in this Declaration, and the
`
`prior art references identified in this Declaration. In addition, my opinions are
`
`further based on my education, training, experience, and knowledge in the relevant
`
`field.
`
`IV. RELEVANT LEGAL STANDARDS
`31.
`I am not an attorney and offer no legal opinions. For the purposes of
`
`this Declaration, I have been informed about certain aspects of the law that are
`
`relevant to my analysis, as summarized below.
`
`A. Claim Interpretation
`32.
`I have been informed and understand that in an IPR proceeding,
`
`14
`
`
`
`Petitioner Hyundai Ex-1002, 0017
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`claims are to be interpreted according to the Phillips claim construction standard. I
`
`have been informed and understand that claim construction is a matter of law and
`
`that the final claim constructions for this proceeding will be determined by the
`
`Patent Trial and Appeal Board (“PTAB”).
`
`33. To resolve the particular grounds presented in this Petition I do not
`
`believe any term requires explicit construction.
`
`B.
`34.
`
`Perspective of One of Ordinary Skill in the Art
`I have been informed and understand that a patent is to be understood
`
`from the perspective of a hypothetical “person of ordinary skill in the art”
`
`(“POSITA”). Such an individual is considered to possess normal skills and
`
`knowledge in a particular technical field (as opposed to being a genius). I
`
`understand that in considering what the claims of a patent require, what was known
`
`prior to that patent, what a prior art reference discloses, and whether an invention
`
`is obvious or not, one must use the perspective of such a POSITA.
`
`C. Obviousness
`35.
`I have been informed and understand that a patent claim is obvious
`
`under 35 U.S.C. §103, and therefore invalid, if the claimed subject matter, as a
`
`whole, would have been obvious to a POSITA as of the priority date of the patent
`
`based on one or more prior art references and/or the knowledge of a POSITA.
`
`36.
`
`I understand that an obviousness analysis must consider (1) the scope
`
`15
`
`
`
`Petitioner Hyundai Ex-1002, 0018
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`and content of the prior art, (2) the differences between the claims and the prior art,
`
`(3) the level of ordinary skill in the pertinent art, and (4) secondary considerations,
`
`if any, of non-obviousness (such as unexpected results, commercial success, long-
`
`felt but unmet need, failure of others, copying by others, and skepticism of
`
`experts).
`
`37.
`
`I understand that a prior art reference may be combined with other
`
`references to disclose each element of the invention under 35 U.S.C. §103. I
`
`understand that a reference may also be combined with the knowledge of a
`
`POSITA, and that this knowledge may be used to combine multiple references. I
`
`further understand that a POSITA is presumed to know the relevant prior art. I
`
`understand that the obviousness analysis may take into account the inferences and
`
`creative steps that a POSITA would employ.
`
`38.
`
`In determining whether a prior art reference would have been
`
`combined with other prior art or other information known to a POSITA, I
`
`understand that the following principles may be considered:
`
`a. whether the references to be combined involve non-analogous art;
`
`b. whether the references to be combined are in different fields of
`
`endeavor than the alleged invention in the Patent;
`
`c. whether the references to be combined are reasonably pertinent to the
`
`problems to which the inventions of the Patent are directed;
`
`16
`
`
`
`Petitioner Hyundai Ex-1002, 0019
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`d. whether the combination is of familiar elements according to known
`
`methods that yields predictable results;
`
`e. whether a combination involves the substitution of one known
`
`element for another that yields predictable results;
`
`f. whether the combination involves the use of a known technique to
`
`improve similar items or methods in the same way that yields
`
`predictable results;
`
`g. whether the combination involves the application of a known
`
`technique to a prior art reference that is ready for improvement, to
`
`yield predictable results;
`
`h. whether the combination is “obvious to try”;
`
`i. whether the combination involves the known work in one field of
`
`endeavor prompting variations of it for use in either the same field or
`
`a different one based on design incentives or other market forces,
`
`where the variations are predictable to a POSITA;
`
`j. whether there is some teaching, suggestion, or motivation in the prior
`
`art that would have led one of ordinary skill in the art to modify the
`
`prior art reference or to combine prior art reference teachings to
`
`arrive at the claimed invention;
`
`k. whether the combination requires modifications that render the prior
`
`17
`
`
`
`Petitioner Hyundai Ex-1002, 0020
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`
`art unsatisfactory for its intended use;
`
`l. whether the combination requires modifications that change the
`
`principle of operation of the reference;
`
`m. whether the combination is reasonably expected to be a success; and
`
`n. whether the combination possesses the requisite degree of
`
`predictability at the time the invention was made.
`
`39.
`
`I understand that in determining whether a combination of prior art
`
`references renders a claim obvious, it is helpful to consider whether there is some
`
`teaching, suggestion, or motivation to combine the references and a reasonable
`
`expectation of success in doing so. I understand, however, that a teaching,
`
`suggestion, or motivation to combine is not required.
`
`V. LEVEL OF ORDINARY SKILL IN THE ART
`40.
`I am familiar with the level of ordinary skill in the art with respect to
`
`the ’081 Patent around its filing date. Based on my experience working, teaching,
`
`and conducting research in the relevant field, and based on my review of the ’081
`
`Patent specification, claims, file history, and prior art, I believe one of ordinary
`
`skill in the art around the time of the alleged invention of the ’081 Patent would
`
`have been someone with at least a bachelor’s degree in electrical engineering,
`
`computer engineering, computer science, or a related field, and at least two years
`
`of experience in the communications or Internet-related industries, or the
`
`18
`
`
`
`Petitioner Hyundai Ex-1002, 0021
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,166,081
`equivalent, with additional education substituting for experience and vice versa.
`
`41.
`
`In determining the level of ordinary skill in the art, I considered, for
`
`example, the type
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
