IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`CISCO SYSTEMS, INC.
`Petitioner,
`
`v.
`
`CENTRIPETAL NETWORKS, INC.
`Patent Owner.
`_____________
`
`U.S. Patent No. 9,124,552
`Issue Date: September 1, 2015
`Title: Filtering Network Data Transfers
`
`_____________________
`
`Inter Partes Review No.: Unassigned
`_____________________
`
`DECLARATION OF JOHN LEONE
`
`CS-1005
`Cisco Systems, Inc. v. Centripetal Networks, Inc.
`
`MemoryWeb Ex. 2008
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`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`CISCO SYSTEMS, INC.
`Petitioner,
`
`v.
`
`CENTRIPETAL NETWORKS, INC.
`Patent Owner.
`_____________
`
`U.S. Patent No. 9,124,552
`Issue Date: September 1, 2015
`Title: Filtering Network Data Transfers
`
`_____________________
`
`Inter Partes Review No.: Unassigned
`_____________________
`
`DECLARATION OF JOHN LEONE
`
`CS-1005
`Cisco Systems, Inc. v. Centripetal Networks, Inc.
`
`MemoryWeb Ex. 2008
`Apple v. MemoryWeb – IPR2022-00033
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`
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`I, John Leone, hereby declare:
`
`1. My name is John Leone. I am currently an employee of Cisco
`
`Systems, Inc. (“Cisco”), a petitioner for inter partes review before the Patent Trial
`
`and Appeal Board and the Senior Manager for Technical Documentation for the
`
`Security Business Unit of Cisco. I have held numerous other positions at Cisco
`
`and at a company which was acquired by Cisco, Sourcefire, Inc. (“SF”). At SF, I
`
`was a Technical Writer (September 2002 to February 2005) and Documentation
`
`Manager and Director of Technical Publications and Certifications (February 2005
`
`to August 2013).
`
`2.
`
`I have been continuously employed by Cisco since the SF
`
`acquisition on or about August 2013. Prior to that, I was continuously employed
`
`by SF between September 2002 and August 2013. In my roles as a Technical
`
`Writer and Documentation Manager and Director of Technical Publications and
`
`Certifications, I have personal knowledge about SF’s prior products and offerings,
`
`in the United States, which pertain to network security systems, including SF’s 3D
`
`System (hereinafter the “SF 3D System”), the various versions of software for such
`
`products and offerings, and the supporting technical documentation that was
`
`created by SF for customers with each version of SF software for such products
`
`and offerings. In these roles, I have personal knowledge about the practices and
`
`procedures for writing and delivering such documentation to SF representatives in
`
`
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`1
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`SF’s Support and Manufacturing Departments for distribution and otherwise
`
`making such documentation publicly accessible.
`
`3.
`
`I am over the age of eighteen (18) and otherwise competent to
`
`make this declaration. The statements made in this declaration are to the best of
`
`my knowledge and recollection. I have personal knowledge of the facts set forth in
`
`this Declaration, and, for facts stated on information and belief, I have been
`
`provided with information by a person having personal knowledge of such facts. If
`
`called as a witness, I could and would testify competently under oath to the facts
`
`stated in this declaration. By making this declaration, it is not my intent, nor the
`
`intent of Sourcefire, Inc. or Cisco, to waive the attorney-client privilege, attorney
`
`work product doctrine, or any other applicable privilege.
`
`4.
`
`In my roles as Technical Writer and Documentation Manager
`
`and Director of Technical Publications and Certifications, I participated in and
`
`supervised the process for writing SF’s supporting technical documentation and
`
`coordinated with representatives in SF’s Support, Engineering, and Manufacturing
`
`Departments to deliver such documentation to consumers of SF products with SF’s
`
`release of a new software version for the SF 3D System.
`
`5.
`
`For each new feature in a new software version release for the
`
`SF 3D System, the assigned Technical Writers reviewed design specifications,
`
`attended design review meetings, interviewed subject matter experts, and tested
`
`
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`2
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`such functionality using development builds of the version of the SF 3D System
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`software running on SF’s test hardware to confirm product behavior. The assigned
`
`Technical Writers updated the technical documentation (e.g., user guide, release
`
`notes) for the prospective new software version release to include documentation
`
`of the new feature as appropriate. The assigned Technical Writers provided drafts
`
`of the technical documentation to the engineers who designed and coded the
`
`software for review, and made any changes requested by the reviewing engineers.
`
`6. When the assigned Technical Writers were working on
`
`technical documentation updates for a prospective new software version release for
`
`the SF 3D System, the source files for each technical document (e.g., SF 3D
`
`System user guide) were kept in a “version-Current” working directory in SF’s
`
`files. When the content for each technical document (e.g., SF 3D System user
`
`guide) was complete for a prospective new software version release for the SF 3D
`
`System and had been approved by engineering, one of the assigned Technical
`
`Writers saved the document, using Adobe Acrobat, as a PDF-formatted file that
`
`included security settings to prevent future modification of the document. This
`
`writer then copied this secured PDF document into a folder labeled
`
`“final_docs_with_metadata” for that new software version which was retained
`
`within an internal directory in SF’s files. This writer also then archived the final
`
`source files that were used to create the PDF-formatted file of this technical
`
`
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`document to a “version-number” directory under the
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`“Documentation_source_Files” directory in SF’s files based on the corresponding
`
`new software version number for the SF 3D System.
`
`7.
`
`Once the secured PDF file for each technical document (e.g.,
`
`SF 3D System user guide) had been copied into the “final_docs_with_metadata”
`
`folder for that new software version, the assigned Technical Writers (1) zipped the
`
`secured PDF files from the final_docs_with_metadata folder and checked such
`
`files into a concurrent versioning system (“CVS”) repository for distribution by the
`
`SF Manufacturing Department, and (2) posted all of the secured PDF files from the
`
`final_docs_with_metadata folder to a staging directory on another SF file server
`
`for distribution by the SF Support Department.
`
`8.
`
`The assigned Technical Writers provided the zipped PDF files
`
`from the final_docs_with_metadata folder to the SF Manufacturing Department as
`
`an ISO image. SF’s Manufacturing Department printed the documentation ISO to
`
`a CD-ROM or DVD disk and included this documentation disk in the packaging
`
`with each SF 3D System appliance (e.g., 3D Sensor, Defense Center) purchased by
`
`a customer.
`
`9.
`
`The assigned Technical Writers also created release notes for
`
`each new software version release for the SF 3D System. While other
`
`documentation (e.g., the SF 3D System user guide) was typically completed,
`
`
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`4
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`approved, saved as a secured PDF file, and provided to the SF Manufacturing
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`Department as an ISO image in advance of the new software version release to SF
`
`consumers, the release notes were typically completed, approved, and saved as a
`
`secured PDF file in the respective “final_docs_with_metadata” folder within a day
`
`or two of finalization of the final release build of the new software version. In this
`
`way, the Technical Writers could ensure that the release notes contained an
`
`accurate list of known issues in the new software version.
`
`10. Each document contained in the “final_docs_with_metadata”
`
`folder for a software version release for the SF 3D System was distributed and
`
`otherwise made accessible to the public by SF.
`
`11. For example, SF enclosed each of the technical document PDF
`
`files (e.g., the SF 3D System user guide) on documentation disks (CD-ROM or
`
`DVD) included with each Sourcefire 3D System appliance (e.g., 3D Sensor,
`
`Defense Center) sold to a customer. Also, for example, each of the technical
`
`document PDF files, as well the release notes PDF files, were publicly accessible
`
`for download by persons who had received a login and password from SF to SF’s
`
`customer-facing support website.
`
`12. SF Technical Writers typically updated the release notes for a
`
`software version after its release to add new known issues identified in the field. If
`
`an update was needed for a published release notes PDF, the Technical Writers
`
`
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`would rename the original PDF file to append the date that the PDF was replaced
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`to the name of the PDF file and kept in the same final_docs_with_metadata folder
`
`for the applicable software version, and the new version of the release notes PDF
`
`was added to this folder. SF Technical Writers, and representatives from SF’s
`
`Support Departments used the same practices and procedures that I describe above
`
`to distribute and otherwise make these updated release notes accessible to the
`
`public.
`
`13.
`
`I personally reviewed and can confirm that the dates for the
`
`technical documents and release notes from SF’s final_docs_with_metadata folder
`
`for SF 3D System software release 4.10 (which is still maintained on a server
`
`under \\rtp5-netapp-ns.cisco.com\workgroup\sf-
`
`techpubs\Private\Old_Dev_Lifecycle_Docs\Old_Versions\4.10\final_docs_with_m
`
`etadata\), include as follows:
`
` Sourcefire_3D_System_User_Guide_v4.10.pdf – filestamp
`4/2/2011
`
` Sourcefire_3D_System_User_Guide_v4.10.pdf.gz – filestamp
`4/2/2011
`
` 4-20-Sourcefire_3D_System_4.10_Release_Notes.pdf – filestamp
`4/20/2011
`
` 5-11-Sourcefire_3D_System_4.10_Release_Notes.pdf – filestamp
`5/11/2011
`
` (Dec 13 2011) Sourcefire_3D_System_4.10_Release_Notes.pdf –
`filestamp 12/13/2011
`
`
`
`6
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` (January 20, 2012)
`Sourcefire_3D_System_4.10_Release_Notes.pdf – filestamp
`1/20/2012
`
` Sourcefire_3D_System_4.10_Release_Notes.pdf – filestamp
`3/26/2012
`14.
`I have reviewed the document attached as Exhibit CS-1004 to
`
`various petitions for inter partes review filed by Cisco and entitled “Sourcefire 3D
`
`System: Sourcefire 3D System User Guide Version 4.10.” I confirm that this
`
`document is a true and accurate copy of the document saved as a secured PDF in
`
`the “final_docs_with_metadata” folder for SF 3D System software release 4.10 as
`
`“Sourcefire_3D_System_User_Guide_v4.10.pdf”, and having a file stamp of April
`
`2, 2011. I note that CS-1004 identifies that this user guide was available on a
`
`“Documentation CD” and “on the Sourcefire Support web site
`
`(https://support.sourcefire.com/)” which is consistent with my personal knowledge.
`
`CS-1004, p. 55. I also note that CS-1004 identifies that “Sourcefire periodically
`
`issues software updates to the Sourcefire 3D System,” and that a user of the SF 3D
`
`System should “[m]ake sure your appliances (including software sensors) are
`
`running the correct version of the Sourcefire 3D System” by reading the release
`
`notes “[a]vailable on the Sourcefire Support Site” which is consistent with my
`
`personal knowledge. CS-1004, pp. 1833-1834. I note that the words “Sourcefire
`
`Support Site” throughout CS-1004 include a hyperlink to
`
`“https//support.sourcefire.com.” See, e.g., CS-1004, pp. 1833-1844. CS-1004
`
`
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`describes procedures for manually and automatically installing new software
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`versions to various SF 3D System appliances (e.g. 3D Sensors). CS-1004, pp.
`
`1833-1844, 1704-1710.
`
`15. From my roles as a SF Technical Writer, and the SF
`
`Documentation Manager in April 2011, and based upon my review of SF records,
`
`on or about April 2, 2011, I directed an SF Technical Writer to (1) zip the
`
`Sourcefire_3D_System_User_Guide_v4.10.pdf (Exhibit CS-1004) into
`
`Sourcefire_3D_System_User_Guide_v4.10.pdf.gz (2) check this file into a CVS
`
`repository for distribution by the SF Manufacturing Department, (3) provide this
`
`file to the SF Manufacturing Department as an ISO image, and (4) post this file to
`
`a staging directory on another SF file server for distribution by the SF Support
`
`Department. From my roles, and based upon my review of SF records, on or about
`
`April 20, 2011, I directed an SF Technical Writer to post the
`
`Sourcefire_3D_System_4.10_Release_Notes.pdf file to the staging directory for
`
`distribution by the SF Support Department.
`
`16.
`
`I have reviewed the document attached as Exhibit CS-1034, to
`
`various petitions for inter partes review filed by Cisco dated April 18, 2011, and
`
`entitled “Sourcefire Expands IPS Solutions Portfolio, Adding FirePOWER to the
`
`Industry’s Leading Protection.” This document is consistent with my personal
`
`knowledge that SF 3D System software version 4.10 was released on or around
`
`
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`April 2011.
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`17. The document attached as CS-1033 is a printout of a web page
`
`that I accessed through the Internet Archive’s Wayback Machine website
`
`(https://archive.org/) (hereinafter the “Wayback Machine”) and with an archived
`
`date of April 30, 2011 located at the URL:
`
`https://web.archive.org/web/20110430194135/https:/support.sourcefire.com/. This
`
`document is consistent with my personal knowledge that SF 3D System software
`
`version 4.10 was released on or around April 2011.
`
`18. From my roles as a SF Technical Writer, and the
`
`Documentation Manager in April 2011, SF’s standard procedures would require
`
`that, on or about April 2011, representatives from SF’s Manufacturing Department
`
`enclosed the Sourcefire_3D_System_User_Guide_v4.10.pdf (Exhibit CS-1004) on
`
`documentation disks (CD-ROM or DVD) included with each Sourcefire 3D
`
`System appliance subsequently sold (e.g., 3D Sensor, Defense Center). Likewise,
`
`SF’s standard procedures would require, on or around April 2011, representatives
`
`from SF’s Support Department posted the
`
`Sourcefire_3D_System_User_Guide_v4.10.pdf (Exhibit CS-1004) and the
`
`Sourcefire_3D_System_4.10_Release_Notes.pdf to SF’s customer-facing support
`
`website.
`
`
`
`19.
`
`I have been informed and understand that approximately 586
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`customers purchased the Sourcefire 3D System from April 2011 through March
`
`2013 and had access to the Sourcefire 3D System User Guide.
`
`20.
`
`I declare that all statements made herein on my own knowledge
`
`are true and that all statements made on information and belief are believed to be
`
`true, and further, that these statements were made with the knowledge that willful
`
`false statements and the like so made are punishable by fine or imprisonment, or
`
`both, under Section 1001 of Title 18 of the United States Code.
`
`
`
`[SIGNATURE APPEARS ON FOLLOWING PAGE]
`
`
`
`
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`Executed on July 70_, 2018
`
` John Leone
`
`11
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