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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________________________
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`
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`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. 8,903,307
`
`
`
`Petitioner Hyundai Ex-1002, 0001
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`
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
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`TABLE OF CONTENTS
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`
`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 ’307 PATENT AND ITS FILE HISTORY .......................................... 24
`IX. OVERVIEW OF THE APPLIED PRIOR ART REFERENCES ................. 28
`A.
`Curtin (Ex-1010) ................................................................................. 28
`B.
`Crosby (Ex-1006) ................................................................................ 29
`C.
`Alwadish (Ex-1011) ............................................................................ 31
`D. Koerber (Ex-1012) .............................................................................. 33
`X. DETAILED EXPLANATION OF THE UNPATENTABILITY
`GROUNDS .................................................................................................... 34
`A. Grounds 1 and 2: Claims 11 and 13-20 are rendered obvious by
`Curtin (Ex-1010) alone or by Curtin in view of Crosby (Ex-
`1006); ................................................................................................... 35
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`-i-
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`Petitioner Hyundai Ex-1002, 0002
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`B.
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`C.
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`1.
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`A POSITA would have been motivated to combine the
`teachings of Curtin and Crosby, and would have had a
`reasonable expectation of success in doing so. ......................... 35
`Independent Claim 11 ............................................................... 37
`2.
`Dependent Claims 13-20 ........................................................... 48
`3.
`Ground 3: Claims 11, 14-15, and 18 are rendered obvious by
`Alwadish (Ex-1011); ........................................................................... 56
`1.
`Independent Claim 11 ............................................................... 56
`2.
`Dependent Claims 14, 15, and 18 ............................................. 65
`Grounds 4 and 5: Claims 12 and 16 are rendered obvious by
`Alwadish alone or by Alwadish (Ex-1011) in view of Koerber
`(Ex-1012); ........................................................................................... 69
`1.
`A POSITA would have been motivated to combine the
`teachings of Alwadish and Koerber and would have a
`reasonable expectation of success in doing so. ......................... 69
`Dependent Claims 12 and 16 .................................................... 72
`2.
`XI. CONCLUSION .............................................................................................. 76
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`-ii-
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`Petitioner Hyundai Ex-1002, 0003
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`I, Dr. Kevin C. Almeroth, declare as follows:
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`1.
`
`I.
`
`INTRODUCTION
`2.
`I have been retained by Hyundai Motor America (“Hyundai” or
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`“Petitioner”), as an independent expert consultant in this inter partes review
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`(“IPR”) proceeding before the United States Patent and Trademark Office
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`(“PTO”).
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`3.
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`I have been asked by Hyundai Counsel (“Counsel”) to consider
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`whether certain references disclose, teach, and/or suggest the features recited in
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`Claims 11-20 of U.S. Patent No. 8,903,307 (“the ’307 Patent”) (Ex-1001)1. My
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`opinions and the bases for my opinions are set forth below.
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`4.
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`I am being compensated at my ordinary and customary consulting rate
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`for my work, which is $750 per hour. My compensation is in no way contingent
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`on the nature of my findings, the presentation of my findings in testimony, or the
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`outcome of this or any other proceeding. I have no other financial interest in this
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`proceeding.
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`II. BACKGROUND AND QUALIFICATIONS
`5.
`All of my opinions stated in this Declaration are based on my own
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`personal knowledge and professional judgment. In forming my opinions, I have
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` 1
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` Where appropriate, I refer to exhibits that I understand are attached to the petition
`for IPR of the ’307 Patent.
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`Petitioner Hyundai Ex-1002, 0004
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`relied on my knowledge and experience in designing, developing, researching, and
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`teaching the technology referenced in this Declaration.
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`6.
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`I am over 18 years of age and, if I am called upon to do so, I would be
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`competent to testify as to the matters set forth herein. I understand that a copy of
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`my current curriculum vitae, which details my education and professional and
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`academic experience, is being submitted as Ex-1003. The following provides a
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`brief overview of some of my experience that is relevant to the matters set forth in
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`this Declaration.
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`7.
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`I am currently a Professor Emeritus in the Department of Computer
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`Science at the University of California, Santa Barbara (UCSB). While active at
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`UCSB, I held faculty appointments and was a founding member of the Computer
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`Engineering (CE) Program, Media Arts and Technology (MAT) Program, and the
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`Technology Management Program (TMP). I also served as the Associate Director
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`of the Center for Information Technology and Society (CITS) from 1999 to 2012.
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`I have been a faculty member at UCSB since July 1997.
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`8.
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`I hold three degrees from the Georgia Institute of Technology: (1) a
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`Bachelor of Science degree in Information and Computer Science (with minors in
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`Economics, Technical Communication, and American Literature) earned in June
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`1992; (2) a Master of Science degree in Computer Science (with specialization in
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`Networking and Systems) earned in June 1994; and (3) a Doctor of Philosophy
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`Petitioner Hyundai Ex-1002, 0005
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`(Ph.D.) degree in Computer Science (Dissertation Title: Networking and System
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`Support for the Efficient, Scalable Delivery of Services in Interactive Multimedia
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`System, minor in Telecommunications Public Policy) earned in June 1997. During
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`my education, I have taken a wide variety of courses as demonstrated by my
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`minor. My undergraduate degree also included a number of courses more typical
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`of a degree in electrical engineering including digital logic, signal processing, and
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`telecommunications theory.
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`9.
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`One of the major concentrations of my research over the past 30+
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`years has been the delivery of multimedia content and data between computing
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`devices, including various network architectures. In my research, I have studied
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`large-scale content delivery systems, and the use of servers located in a variety of
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`geographic locations to provide scalable delivery to hundreds or thousands of users
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`simultaneously. I have also studied smaller-scale content delivery systems in
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`which content is exchanged between individual computers and portable devices.
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`My work has emphasized the exchange of content more efficiently across
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`computer networks, including the scalable delivery of content to many users,
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`mobile computing, satellite networking, delivering content to mobile devices, and
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`network support for data delivery in wireless networks.
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`10.
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`In 1992, the initial focus of my research was on the provision of
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`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`forward) for near video-on-demand systems in cable systems; in particular, how to
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`aggregate requests for movies at a cable head-end and then how to satisfy a
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`multitude of requests using one audio/video stream broadcast to multiple receivers
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`simultaneously. This research has continually evolved and resulted in the
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`development of techniques to scalably deliver on-demand content, including audio,
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`video, web documents, and other types of data, through the Internet and over other
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`types of networks, including over cable systems, broadband telephone lines, and
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`satellite links.
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`11. An important component of my research has been investigating the
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`challenges of communicating multimedia content, including video, between
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`computers and across networks including the Internet. Although the early Internet
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`was used mostly for text-based, non-real time applications, the interest in sharing
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`multimedia content, such as video, quickly developed. Multimedia-based
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`applications ranged from downloading content to a device to streaming multimedia
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`content to be instantly used. One of the challenges was that multimedia content is
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`typically larger than text-only content, but there are also opportunities to use
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`different delivery techniques since multimedia content is more resilient to errors. I
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`have worked on a variety of research problems and used a number of systems that
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`were developed to deliver multimedia content to users. One content-delivery
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`method I have researched is the one-to-many communication facility called
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`“multicast,” first deployed as the Multicast Backbone, a virtual overlay network
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`supporting one-to-many communication. Multicast is one technique that can be
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`used on the Internet to provide streaming media support for complex applications
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`like video-on-demand, distance learning, distributed collaboration, distributed
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`games, and large-scale wireless communication. The delivery of media through
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`multicast often involves using Internet infrastructure, devices and protocols,
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`including protocols for routing and TCP/IP.
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`12. Starting in 1997, I worked on a project to integrate the streaming
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`media capabilities of the Internet together with the interactivity of the web. I
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`developed a project called the Interactive Multimedia Jukebox (IMJ). Users would
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`visit a web page and select content to view. The content would then be scheduled
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`on one of a number of channels, including delivery to students in Georgia Tech
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`dorms delivered via the campus cable plant. The content of each channel was
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`delivered using multicast communication.
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`13.
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`In the IMJ, the number of channels varied depending on the
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`capabilities of the server including the available bandwidth of its connection to the
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`Internet. If one of the channels was idle, the requesting user would be able to
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`watch their selection immediately. If all channels were streaming previously
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`selected content, the user's selection would be queued on the channel with the
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`shortest wait time. In the meantime, the user would see what content was currently
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`U.S. Patent No. 8,903,307
`playing on other channels, and because of the use of multicast, would be able to
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`join one of the existing channels and watch the content at the point it was currently
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`being transmitted.
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`14. The IMJ service combined the interactivity of the web with the
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`streaming capabilities of the Internet to create a jukebox-like service. It supported
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`true Video-on-Demand when capacity allowed, but scaled to any number of users
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`based on queuing requested programs. As part of the project, we obtained
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`permission from Turner Broadcasting to transmit cartoons and other short-subject
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`content. We also connected the IMJ into the Georgia Tech campus cable television
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`network so that students in their dorms could use the web to request content and
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`then view that content on one of the campus's public access channels.
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`15. More recently, I have also studied issues concerning how users choose
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`content, especially when considering the price of that content. My research has
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`examined how dynamic content pricing can be used to control system load. By
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`raising prices when systems start to become overloaded (i.e., when all available
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`resources are fully utilized) and reducing prices when system capacity is readily
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`available, users’ capacity to pay as well as their willingness can be used as factors
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`in stabilizing the response time of a system. This capability is particularly useful
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`in systems where content is downloaded or streamed on-demand to users.
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`16. As a parallel research theme, starting in 1997, I began researching
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`issues related to wireless devices and sensors. In particular, I was interested in
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`showing how to provide greater communication capability to “lightweight
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`devices,” i.e., small form-factor, resource-constrained (e.g., CPU, memory,
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`networking, and power) devices. Starting in 1998, I published several papers on
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`my work to develop a flexible, lightweight, battery-aware network protocol stack.
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`The lightweight protocols we envisioned were similar in nature to protocols like
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`Bluetooth, Universal Plug and Play (UPnP) and Digital Living Network Alliance
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`(DLNA).
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`17. From this initial work, I have made wireless networking-including ad
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`hoc, mesh networks and wireless devices-one of the major themes of my research.
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`My work in wireless network spans the protocol stack from applications through to
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`the encoding and exchange of data at the data link and physical layers.
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`18. At the application layer, even before the large-scale “app stores” were
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`available, my research looked at building, installing, and using apps for a variety of
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`purposes, from network monitoring to support for traditional computer-based
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`applications (e.g., content retrieval) to new applications enabled by ubiquitous,
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`mobile devices. For example, my research has looked at developing applications
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`for virally exchanging and tracking “coupons” through “opportunistic contact”
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`(i.e., communication with other devices coming into communication range with a
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`user). In many of the courses I have taught there is a project component. Through
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`Petitioner Hyundai Ex-1002, 0010
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`these projects I have supervised numerous efforts to develop new “apps” for
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`download and use across a variety of mobile platforms.
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`19. Toward the middle of the protocol stack, my research also looked to
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`build wireless infrastructure support to enable communication among a set of
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`mobile devices unaided by any other kind of network infrastructure. These kinds
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`of networks are useful either in challenged network environments (e.g., when a
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`natural disaster has destroyed existing infrastructure) or when suitable support for
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`network communication never existed. The deployment of such networks (or even
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`the use of traditional network support) are critical to support services like disaster
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`relief, catastrophic event coordination, and emergency services deployment.
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`20. Yet another theme is monitoring wireless networks, in particular
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`different variants of IEEE 802.11 compliant networks, to (1) understand the
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`operation of the various protocols used in real-world deployments, (2) use these
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`measurements to characterize use of the networks and identify protocol limitations
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`and weaknesses, and (3) propose and evaluate solutions to these problems. I have
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`successfully used monitoring techniques to study wireless data link layer protocol
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`operation and to improve performance by enhancing the operation of such
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`protocols. For wireless protocols, this research includes functions like network
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`acquisition and channel bonding.
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`21. Protecting networks, including their operation and content, has been
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`Petitioner Hyundai Ex-1002, 0011
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`an underlying theme of my research almost since the beginning of my research
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`career. Starting in 2000, I have been involved in several projects that specifically
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`address security, network protection, and firewalls. After significant background
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`work, a team on which I was a member successfully submitted a $4.3M grant
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`proposal to the Army Research Office (ARO) at the Department of Defense to
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`propose and develop a high-speed intrusion detection system. Key aspects of the
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`system included associating streams of packets and analyzing them for viruses and
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`other malware. Once the grant was awarded, we spent several years developing
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`and meeting the milestones of the project. A number of my students worked on
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`related projects and published papers on topics ranging from intrusion detection to
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`developing advanced techniques to be incorporated into firewalls. I have also used
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`firewalls, including their associated malware detection features, in developing
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`techniques for the classroom to ensure that students are not distracted by online
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`content.
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`22. Recent work ties some of the various threads of my past research
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`together. I have investigated content delivery in online social networks and
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`proposed reputation management systems in large-scale social networks and
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`marketplaces. On the content delivery side, I have looked at issues of caching and
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`cache placement, especially when content being shared and the cache has
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`geographical relevance. We were able to show that effective caching strategies can
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`Petitioner Hyundai Ex-1002, 0012
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`greatly improve performance and reduce deployment costs. Our work on
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`reputation systems showed that reputations have economic value, and as such,
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`creates a motivation to manipulate reputations. In response, we developed a
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`variety of solutions to protect the integrity of reputations in online social networks.
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`The techniques we developed for content delivery and reputation management
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`were particularly relevant in peer-to-peer communication and recommendations for
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`downloadable “apps.”
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`23. As an important component of my research program, I have been
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`involved in the development of academic research into available technology in the
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`market place. One aspect of this work is my involvement in the Internet
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`Engineering Task Force (IETF). The IETF is a large and open international
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`community of network designers, operators, vendors, and researchers concerned
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`with the evolution of the Internet architecture and the smooth operation of the
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`Internet. I have been involved in various IETF groups including many content
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`delivery-related working groups like the Audio Video Transport (AVT) group, the
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`MBone Deployment (MBONED) group, Source Specific Multicast (SSM) group,
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`the Inter-Domain Multicast Routing (IDMR) group, the Reliable Multicast
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`Transport (RMT) group, the Protocol Independent Multicast (PIM) group, etc. I
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`have also served as a member of the Multicast Directorate (MADDOGS), which
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`oversaw the standardization of all things related to multicast in the IETF. Finally, I
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`was the Chair of the Internet2 Multicast Working Group for seven years.
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`24. My involvement in the research community extends to leadership
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`positions for several academic journals and conferences. I am the co-chair of the
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`Steering Committee for the ACM Network and System Support for Digital Audio
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`and Video (NOSSDAV) workshop and on the Steering Committees for the
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`International Conference on Network Protocols (ICNP), ACM Sigcomm
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`Workshop on Challenged Networks (CHANTS), and IEEE Global Internet (GI)
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`Symposium. I have served or am serving on the Editorial Boards of IEEE/ACM
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`Transactions on Networking, IEEE Transactions on Mobile Computing, IEEE
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`Network, ACM Computers in Entertainment, AACE Journal of Interactive
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`Learning Research (JILR), and ACM Computer Communications Review. I have
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`co-chaired a number of conferences and workshops, including the IEEE
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`International Conference on Network Protocols (ICNP), IEEE Conference on
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`Sensor, Mesh and Ad Hoc Communications and Networks (SECON), International
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`Conference on Communication Systems and Networks (COMSNETS), IFIP/IEEE
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`International Conference on Management of Multimedia Networks and Services
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`(MMNS), the International Workshop On Wireless Network Measurement
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`(WiNMee), ACM Sigcomm Workshop on Challenged Networks (CHANTS), the
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`Network Group Communication (NGC) workshop, and the Global Internet
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`Symposium, and I have served on the program committees for numerous
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
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`conferences.
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`25. Furthermore, in the courses I taught at UCSB, a significant portion of
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`my curriculum covered aspects of the Internet and network communication,
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`including the physical and data link layers of the Open System Interconnect (OSI)
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`protocol stack, and standardized protocols for communicating across a variety of
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`physical media such as cable systems, telephone lines, wireless, and high-speed
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`Local Area Networks (LANs). The courses I have taught also cover most major
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`topics in Internet communication, including data communication, multimedia
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`encoding, and mobile application design. My research and courses have covered a
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`range of physical infrastructures for delivering content over networks, including
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`cable, Integrated Services Digital Network (ISDN), Ethernet, Asynchronous
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`Transfer Mode (ATM), fiber, and Digital Subscriber Line (DSL). For a complete
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`list of courses I have taught, see my curriculum vitae (CV) (Ex-1003).
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`26.
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`In addition, I co-founded a technology company called Santa Barbara
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`Labs that was working under a sub-contract from the U.S. Air Force to develop
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`very accurate emulation systems for the military’s next generation internetwork.
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`Santa Barbara Labs’ focus was in developing an emulation platform to test the
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`performance characteristics of the network architecture in the variety of
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`environments in which it was expected to operate, and, in particular, for network
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`services including IPv6, multicast, Quality of Service (QoS), satellite-based
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`communication, and security. Applications for this emulation program included
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`communication of a variety of multimedia-based services, including video
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`conferencing and video-on-demand.
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`27.
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`In addition to having co-founded a technology company myself, I
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`have worked for, consulted with, and collaborated with companies for nearly 30
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`years. These companies range from well-established companies to start-ups and
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`include IBM, Hitachi Telecom, Turner Broadcasting System (TBS), Bell South,
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`Digital Fountain, RealNetworks, Intel Research, Cisco Systems, and Lockheed
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`Martin.
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`28. Through my graduate education, leadership with CITS, involvement
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`in TMP, role in the development of the Internet2 infrastructure, and consulting
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`with ISPs, I have gained a strong understanding in the role of the Internet in our
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`society and the challenges of deploying large-scale production networking
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`infrastructure. CITS, since its inception, has looked at the role of the Internet in
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`society, including how the evolution of technology have created communication
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`opportunities and challenges, including, for example through disruptive
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`technologies like P2P. TMP looks to focus on non-purely technical issues,
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`including, for example, state-of-the-art business methods, strategies for successful
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`technology commercialization, new venture creation, and best practices for
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`fostering innovation. Through my industry collaborations and Internet2 work, I
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`have developed significant experience in the challenges of deploying, monitoring,
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`managing, and scaling communication infrastructure to support evolving Internet
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`services like streaming media, conferencing, content exchange, social networking,
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`and e-commerce.
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`29.
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`I am a Member of the Association of Computing Machinery (ACM)
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`and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
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`III.
`
`INFORMATION CONSIDERED
`30.
`In preparation for this Declaration, I have considered the materials
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`discussed in this Declaration, including, for example, the ’307 Patent, the
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`references cited by the ’307 Patent, the prosecution history of the ’307 Patent,
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`various background articles and materials referenced in this Declaration, and the
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`prior art references identified in this Declaration. In addition, my opinions are
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`further based on my education, training, experience, and knowledge in the relevant
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`field.
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`IV. RELEVANT LEGAL STANDARDS
`31.
`I am not an attorney and offer no legal opinions. For the purposes of
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`this Declaration, I have been informed about certain aspects of the law that are
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`relevant to my analysis, as summarized below.
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`A. Claim Interpretation
`32.
`I have been informed and understand that in an IPR proceeding,
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`claims are to be interpreted according to the Phillips claim construction standard. I
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`have been informed and understand that claim construction is a matter of law and
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`that the final claim constructions for this proceeding will be determined by the
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`Patent Trial and Appeal Board (“PTAB”).
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`33. To resolve the particular grounds presented in this Petition I do not
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`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”
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`(“POSITA”). Such an individual is considered to possess normal skills and
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`knowledge in a particular technical field (as opposed to being a genius). I
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`understand that in considering what the claims of a patent require, what was known
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`prior to that patent, what a prior art reference discloses, and whether an invention
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`is obvious or not, one must use the perspective of such a POSITA.
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`C. Obviousness
`35.
`I have been informed and understand that a patent claim is obvious
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`under 35 U.S.C. §103, and therefore invalid, if the claimed subject matter, as a
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`whole, would have been obvious to a POSITA as of the priority date of the patent
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`based on one or more prior art references and/or the knowledge of a POSITA.
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`36.
`
`I understand that an obviousness analysis must consider (1) the scope
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`and content of the prior art, (2) the differences between the claims and the prior art,
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`(3) the level of ordinary skill in the pertinent art, and (4) secondary considerations,
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`if any, of non-obviousness (such as unexpected results, commercial success, long-
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`felt but unmet need, failure of others, copying by others, and skepticism of
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`experts).
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`37.
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`I understand that a prior art reference may be combined with other
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`references to disclose each element of the invention under 35 U.S.C. §103. I
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`understand that a reference may also be combined with the knowledge of a
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`POSITA, and that this knowledge may be used to combine multiple references. I
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`further understand that a POSITA is presumed to know the relevant prior art. I
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`understand that the obviousness analysis may take into account the inferences and
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`creative steps that a POSITA would employ.
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`38.
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`In determining whether a prior art reference would have been
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`combined with other prior art or other information known to a POSITA, I
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`understand that the following principles may be considered:
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`a. whether the references to be combined involve non-analogous art;
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`b. whether the references to be combined are in different fields of
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`endeavor than the alleged invention in the Patent;
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`c. whether the references to be combined are reasonably pertinent to the
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`problems to which the inventions of the Patent are directed;
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`d. whether the combination is of familiar elements according to known
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`methods that yields predictable results;
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`e. whether a combination involves the substitution of one known
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`element for another that yields predictable results;
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`f. whether the combination involves the use of a known technique to
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`improve similar items or methods in the same way that yields
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`predictable results;
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`g. whether the combination involves the application of a known
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`technique to a prior art reference that is ready for improvement, to
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`yield predictable results;
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`h. whether the combination is “obvious to try”;
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`i. whether the combination involves the known work in one field of
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`endeavor prompting variations of it for use in either the same field or
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`a different one based on design incentives or other market forces,
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`where the variations are predictable to a POSITA;
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`j. whether there is some teaching, suggestion, or motivation in the prior
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`art that would have led one of ordinary skill in the art to modify the
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`prior art reference or to combine prior art reference teachings to
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`arrive at the claimed invention;
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`k. whether the combination requires modifications that render the prior
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
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`art unsatisfactory for its intended use;
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`l. whether the combination requires modifications that change the
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`principle of operation of the reference;
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`m. whether the combination is reasonably expected to be a success; and
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`n. whether the combination possesses the requisite degree of
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`predictability at the time the invention was made.
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`39.
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`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
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`teaching, suggestion, or motivation to combine the references and a reasonable
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`expectation of success in doing so. I understand, however, that a teaching,
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`suggestion, or motivation to combine is not required.
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`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 ’307 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 ’307
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`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 ’307 Patent would
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`have been someone with at least a bachelor’s degree in electrical engineering,
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`computer engineering, computer science, or a related field, and at least two years
`
`of experience in the communications- or broadcast-related industries, or the
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,903,307
`equivalent, with additional education substituting for experience and vice versa.
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`41.
`
`In determining the level of ordinary skill in the art, I considered, for
`
`example, the type of problems encountered in the art, prior art solutions to those
`
`problems, the rapidity with which innovations are made, the sophistication of the
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`technology, and t