`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`EPIC GAMES, INC.,
`Petitioner,
`
`v.
`
`INGENIOSHARE, LLC,
`Patent Owner
`
`
`
`U.S. PATENT NO. 10,142,810
`
`Case IPR2021-TBD
`
`
`
`
`DECLARATION OF DR. KEVIN ALMEROTH
` IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF U.S.
`PATENT NO. 10,142,810
`
`
`
`Epic Games Ex. 1003
`Page 1
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`B.
`
`TABLE OF CONTENTS
`ASSIGNMENT ................................................................................................ 1
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 2
`II.
`III. MATERIALS AND OTHER INFORMATION CONSIDERED ................. 14
`IV. UNDERSTANDING OF PATENT LAW .................................................... 15
`V.
`SUMMARY OF OPINIONS ......................................................................... 18
`VI. OVERVIEW OF TECHNOLOGY AND OF THE ’810 PATENT .............. 18
`A.
`Technological Background ................................................................. 18
`1.
`Network Protocols and Architecture ......................................... 18
`2. Modes of Internet Communications ......................................... 22
`Overview of the ’810 Patent ................................................................ 26
`1.
`Claims ....................................................................................... 27
`2.
`Summary of the Specification ................................................... 27
`3.
`Summary of the Prosecution History ........................................ 30
`VII. LEVEL OF ORDINARY SKILL IN THE ART ........................................... 31
`VIII. DETAILED INVALIDITY ANALYSIS ...................................................... 33
`A.
`Background on Prior Art References .................................................. 33
`1.
`Overview of Diacakis (Ex. 1007) ............................................. 33
`2.
`Overview of Tanigawa (Ex. 1008)............................................ 37
`3.
`Overview of Hullfish (Ex. 1009) .............................................. 40
`Ground I: Claims 1–20 Are Obvious in View of Diacakis ................. 41
`1.
`Independent Claim 1 ................................................................. 41
`2.
`Dependent Claim 2 ................................................................... 69
`3.
`Dependent Claim 3 ................................................................... 70
`4.
`Dependent Claim 4 ................................................................... 72
`5.
`Dependent Claim 5 ................................................................... 73
`6.
`Dependent Claim 6 ................................................................... 75
`7.
`Dependent Claim 7 ................................................................... 76
`
`B.
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`C.
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`8.
`Dependent Claim 8 ................................................................... 78
`Dependent Claim 9 ................................................................... 79
`9.
`10. Dependent Claim 10 ................................................................. 79
`11.
`Independent Claim 11 ............................................................... 82
`12. Dependent Claim 12 ................................................................. 86
`13. Dependent Claim 13 ................................................................. 86
`14. Dependent Claim 14 ................................................................. 87
`15. Dependent Claim 15 ................................................................. 87
`16. Dependent Claim 16 ................................................................. 87
`17. Dependent Claim 17 ................................................................. 88
`18. Dependent Claim 18 ................................................................. 88
`19.
`Independent Claim 19 ............................................................... 89
`20. Dependent Claim 20 ................................................................. 93
`Ground II: Claims 1–9, 11–17, 19, and 20 Are Rendered
`Obvious by Tanigawa in View of Hullfish ......................................... 93
`1. Motivation to Combine ............................................................. 94
`2.
`Independent Claim 1 ...............................................................100
`3.
`Dependent Claim 2 .................................................................124
`4.
`Dependent Claim 3 .................................................................125
`5.
`Dependent Claim 4 .................................................................126
`6.
`Dependent Claim 5 .................................................................128
`7.
`Dependent Claim 6 .................................................................128
`8.
`Dependent Claim 7 .................................................................130
`9.
`Dependent Claim 8 .................................................................131
`10. Dependent Claim 9 .................................................................132
`11.
`Independent Claim 11 .............................................................133
`12. Dependent Claim 12 ...............................................................139
`13. Dependent Claim 13 ...............................................................139
`14. Dependent Claim 14 ...............................................................140
`15. Dependent Claim 15 ...............................................................140
`16. Dependent Claim 16 ...............................................................141
`17. Dependent Claim 17 ...............................................................141
`18.
`Independent Claim 19 .............................................................141
`19. Dependent Claim 20 ...............................................................147
`IX. SECONDARY CONSIDERATIONS .........................................................147
`X.
`CONCLUSION ............................................................................................148
`
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`
`
`Exhibit
`No.
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`1018
`
`1019
`
`LIST OF EXHIBITS IN THE PETITION
`Description
`
`U.S. Patent No. 10,142,810
`
`File History of U.S. Patent No. 10,142,810
`
`Declaration of Dr. Kevin Almeroth in Support of Inter Partes Review
`of U.S. Patent No. 10,142,810
`Curriculum Vitae of Dr. Kevin Almeroth
`
`U.S. Provisional Patent Application No. 60/527,565
`
`U.S. Provisional Patent Application No. 60/689,686
`
`U.S. Patent Application 2002/0116461 (“Diacakis”)
`
`U.S. Patent Application 2004/0001480 (“Tanigawa”)
`
`U.S. Patent No. 7,428,580 (“Hullfish”)
`
`Patent Owner’s Infringement Contentions
`
`Texas Litigation Proposed Scheduling Order
`
`Fourteenth Supplemental Order Regarding Court Operations Under
`the Exigent Circumstances Created by the COVID-19 Pandemic
`Judge Albright’s Standing Order re Inter-District Transfer
`
`Kurose, J. and Ross, K., Computer Networking: A Top-Down
`Approach Feature the Internet (2000)
`Kuehn, S., A Play Theory Analysis of Computer-Mediated
`Telecommunication (Apr. 20, 1990)
`Telecomputing in Japan
`
`Hernandez, R., ECPA and Online Computer Privacy (1988)
`
`Miller, A., Applications of Computer Conferencing to Teacher
`Education and Human Resource Development (1991)
`Benimoff, N. and Burns, M., Multimedia User Interfaces for
`Telecommunications Products and Services (1993)
`
`
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`Exhibit
`No.
`1020
`
`1021
`
`1022
`
`1023
`
`1024
`
`1025
`
`1026
`
`1027
`
`1028
`
`1029
`
`1030
`
`1031
`
`1032
`
`1033
`
`1034
`
`1035
`
`Description
`
`Falconer, W. and Hooke, J., Telecommunications Services in the
`Next Decade (1986)
`Hine, N.A., et al., An Adaptable User Interface to a Multimedia
`Telecommunications Conversation Service for People with
`Disabilities (1995)
`Bazaios, A., et al., Multimedia Architecture Offering Open Distance
`Learning Services over Internet
`Stein, J., et al., Chat and Instant Messaging Systems (2002)
`
`U.S. Patent Application 2002/ 0183114 (“Takahashi”)
`
`U.S. Patent No. 6,241,612 (“Heredia”)
`
`U.S. Patent Application 2003/0216178 (“Danieli”)
`
`International Patent Application WO 01/45343 (“Davies”)
`
`Grinter, R. and Palen, L., Instant Messaging in Teen Life (2002)
`
`File History of U.S. Patent No. 7,729,688
`
`File History of U.S. Patent No. 8,744,407
`
`File History of U.S. Patent No. 9,204,268
`
`File History of U.S. Patent No. 9,736,664
`
`U.S. Patent No. 10,142,810 Claim Listing
`
`Patil, S. and Kobsa, A., The Challenges in Preserving Privacy in
`Awareness Systems (2003)
`Internet Engineering Task Force RFC 2779 (Instant
`Messaging/Presence Protocol Requirements) (2000)
`
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`I, Dr. Kevin C. Almeroth, hereby declare as follows:
`
`I.
`
`ASSIGNMENT
`
`I have been retained as an expert witness on behalf of Epic Games, Inc.
`
`(“Epic Games” or “Petitioner”) to offer technical opinions in connection with the
`
`above-captioned Petition for Inter Partes Review (“IPR”) of U.S. Patent No.
`
`10,142,810 (“the ’810 Patent”) (Ex. 1001).
`
`
`
`I have been asked to provide my independent analysis of the (cid:1932)810 Patent
`
`in light of the prior art patents and publications cited below.
`
`
`
`I have been asked to provide my opinions regarding whether claims 1–
`
`20 of the ’810 Patent (the “Challenged Claims”) are invalid as being anticipated
`
`and/or obvious to a person having ordinary skill in the art (a POSITA) at the time of
`
`the alleged invention.
`
`
`
`In preparing my Declaration, I reviewed the ’810 Patent, the file history
`
`of the patent, prior art references, technical references, and other publications from
`
`the time of the alleged invention, which are discussed herein.
`
`
`
`For the purposes of my Declaration, I have been asked to assume that
`
`the priority date of the alleged invention recited in the ’810 Patent is April 27, 2005
`
`(hereinafter the “Priority Date”).
`
`
`
`I am not currently, and never have been, an employee of Epic Games.
`
`I received no compensation for this Declaration beyond my normal hourly
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`compensation based on my time actually spent analyzing the ’810 Patent, the prior
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`art patents and publications cited below, and issues related thereto, and I will not
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`receive any added compensation based on the outcome of any IPR or other
`
`proceeding involving the ’810 Patent. I have no financial interest in Epic Games.
`
`II. BACKGROUND AND QUALIFICATIONS
`
`I am over the age of 18 and am competent to write this Declaration. I
`
`have personal knowledge and expertise concerning the relevant technologies based
`
`upon my education, training, or experience. My relevant experience includes a deep
`
`understanding of the systems that we broadly refer to as the Internet and computer
`
`networking.
`
` My CV, which includes my complete education, work experience, and
`
`past testimony, is included as Ex. 1004 hereto. I describe several relevant aspects of
`
`my experience below.
`
`
`
`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.
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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
`
`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
`
`(Ph.D.) degree in Computer Science (Dissertation Title: Networking and System
`
`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 minor.
`
`My undergraduate degree also included a number of courses more typical of a degree
`
`in electrical engineering
`
`including digital
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`logic, signal processing, and
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`telecommunications theory.
`
` 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
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`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
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`simultaneously. I have also studied smaller-scale content delivery systems in which
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`content is exchanged between individual computers and portable devices. My work
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`has emphasized the exchange of content more efficiently across computer networks,
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`including the scalable delivery of content to many users, mobile computing, satellite
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`networking, delivering content to mobile devices, and network support for data
`
`delivery in wireless networks.
`
`
`
`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-forward)
`
`for near video-on-demand systems in cable systems; in particular, how to aggregate
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`requests for movies at a cable head-end and then how to satisfy a multitude of
`
`requests using one audio/video stream broadcast
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`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.
`
` 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
`
`“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,
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`and large-scale wireless communication. The delivery of media through multicast
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`often involves using Internet infrastructure, devices and protocols, including
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`protocols for routing and TCP/IP.
`
` Starting in 1997, I worked on a project to integrate the streaming media
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`capabilities of the Internet together with the interactivity of the web. I developed a
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`project called the Interactive Multimedia Jukebox (IMJ). Users would visit a web
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`page and select content to view. The content would then be scheduled on one of a
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`number of channels, including delivery to students in Georgia Tech dorms delivered
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`via the campus cable plant. The content of each channel was delivered using
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`multicast communication.
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`In the IMJ, the number of channels varied depending on the capabilities
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`of the server including the available bandwidth of its connection to the Internet. If
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`one of the channels was idle, the requesting user would be able to watch their
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`selection immediately. If all channels were streaming previously selected content,
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`the user’s selection would be queued on the channel with the shortest wait time. In
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`the meantime, the user would see what content was currently playing on other
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`channels, and because of the use of multicast, would be able to join one of the
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`existing channels and watch the content at the point it was currently being
`
`transmitted.
`
` 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
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`view that content on one of the campus’s public access channels.
`
` 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
`
`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
`
`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
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`systems where content is downloaded or streamed on-demand to users.
`
` As a parallel research theme, starting in 1997, I began researching
`
`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).
`
` 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.
`
` 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
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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 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 these
`
`projects I have supervised numerous efforts to develop new “apps” for download
`
`and use across a variety of mobile platforms.
`
` 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
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`of traditional network support) are critical to support services like disaster relief,
`
`catastrophic event coordination, and emergency services deployment.
`
` 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
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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 protocols.
`
`For wireless protocols, this research includes functions like network acquisition and
`
`channel bonding.
`
` Protecting networks, including their operation and content, has been 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
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`classroom to ensure that students are not distracted by online content.
`
` Recent work ties some of the various threads of my past research
`
`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
`
`cache placement, especially when content being shared and the cache has
`
`geographical relevance. We were able to show that effective caching strategies can
`
`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.”
`
` 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
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`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 was the Chair of the Internet2
`
`Multicast Working Group for seven years.
`
` 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
`
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`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 conferences.
`
` 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).
`
`
`
`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
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`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
`
`communication, and security. Applications for this emulation program included
`
`communication of a variety of multimedia-based services, including video
`
`conferencing and video-on-demand.
`
`
`
`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.
`
` 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
`
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`venture creation, and best practices for fostering innovation. Through my industry
`
`collaborations and Internet2 work, I 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.
`
`
`
`I am a Member of the Association of Computing Machinery (ACM)
`
`and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
`
` Additional details about my employment history, fields of expertise,
`
`courses taught, and publications are further included in my CV attached as Exhibit
`
`1004 to this Report.
`
`III. MATERIALS AND OTHER INFORMATION CONSIDERED
`
`In forming the opinions expressed in this Declaration, I relied upon my
`
`education and many years of experience in the relevant field of the art and have
`
`considered the viewpoint of a person having ordinary skill in the art (a POSITA) as
`
`of the Priority Date of the (cid:1932)810 Patent.
`
`
`
`I have considered the materials referenced in this Declaration, including
`
`the ’810 Patent, its file history, and other documents listed in the Exhibit List to the
`
`(cid:1932)810 Petition, reproduced above. In particular, I have considered the prior art
`
`references listed below.
`
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` U.S. Patent Application 2002/0116461 (“Diacakis”) (Ex. 1007) was
`
`filed on February 5, 2002 and published on August 22, 2002—before the Priority
`
`Date—and is therefore prior art under pre-AIA 35 U.S.C. §§102(a) and 102(b).
`
` U.S. Patent Application 2004/0001480 (“Tanigawa”) (Ex. 1008) was
`
`filed on August 30, 2002 and published on January 1, 2004—before the Priority
`
`Date—and is prior art under pre-AIA 35 U.S.C. §§102(a) and 102(b).
`
` U.S. Patent No. 7,428,580 (“Hullfish”) (Ex. 1009), was filed on
`
`November 26, 2003—before the Priority Date—and is prior art under pre-AIA 35
`
`U.S.C. §102(e).
`
`IV. UNDERSTANDING OF PATENT LAW
`
`I understand that prior art to the ’810 Patent includes patents and printed
`
`publications in the relevant art that predate the Priority Date of the ’810 Patent.
`
`
`
`I understand that claims in an IPR are given their plain and ordinary
`
`meaning as understood by a person of ordinary skill in the art in view of the
`
`specification and prosecution history, unless those sources show an intent to depart
`
`from such meaning.
`
`
`
`I understand that a patent claim is invalid if it is anticipated or obvious.
`
`Anticipation of a claim requires that every element of a claim be disclosed expressly
`
`or inherently in a single prior art reference, arranged in the prior art reference as
`
`arranged in the claim. Obviousness of a claim requires that the claim be obvious
`
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`from the perspective of a POSITA at the time of the alleged invention. I understand
`
`that a claim may be obvious in view of one reference or a combination of two or
`
`more prior art references.
`
`
`
`I understand that an obviousness analysis requires an understanding of
`
`the scope and content of the prior art, any differences between the alleged invention
`
`and the prior art, and the level of ordinary skill in evaluating the pertinent art.
`
`
`
`I understand
`
`that certain
`
`factors—often called “secondary
`
`considerations”—may support or rebut an