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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________________________
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`CISCO SYSTEMS, INC.,
`APPLE INC.,
`HEWLETT PACKARD ENTERPRISE CO.,
` ARUBA NETWORKS, LLC
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`Petitioners,
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`- vs. -
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`BILLJCO, LLC,
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`Patent Owner.
`_________________________
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`Case IPR2022-00426
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`U.S. Patent No. 8,761,804
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`_________________________
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`EXPERT DECLARATION OF DARRELL D.E. LONG
`IN SUPPORT OF PETITION FOR INTER PARTES
`REVIEW OF U.S. PATENT NO. 8,761,804
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`TABLE OF CONTENTS
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`I.
`II.
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`INTRODUCTION AND QUALIFICATIONS ............................................... 1
`UNDERSTANDING OF THE GOVERNING LAW ..................................... 5
` Invalidity by Obviousness ......................................................................... 5
` Interpreting Claims Before the Patent Office ........................................... 8
` Materials Relied on in Forming My Opinions .......................................... 9
`III. OVERVIEW OF THE ’804 PATENT .......................................................... 10
` Specification of the ’804 Patent .............................................................. 10
` The Claims of the ’804 Patent ................................................................. 13
` The Prosecution History of the ’804 Patent ............................................ 18
` The Priority Date of the ’804 Patent ....................................................... 19
`IV. STATE OF THE ART PRIOR TO THE ’804 PATENT .............................. 19
` The Person of Ordinary Skill in the Art .................................................. 19
` A POSA Would Have Known of Multiple Ways to Track and Locate
`Mobile Devices. ...................................................................................... 20
` Himmelstein ............................................................................................ 23
` Myr .......................................................................................................... 27
` Evans ....................................................................................................... 29
`CLAIM CONSTRUCTION .......................................................................... 31
`V.
`VI. GROUNDS OF INVALIDITY ..................................................................... 31
` GROUND 1: Claims 1 and 10-12 of the ’804 Patent are obvious in light
`of the combination of Himmelstein and Myr. ......................................... 31
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` Motivation to Combine ..................................................................... 32
`Invalidity Analysis ............................................................................ 34
` GROUND 2: Claims 1 and 10-12 of the ’804 Patent are obvious in light
`of the combination of Himmelstein, Myr and Evans. ............................. 71
`VII. OBJECTIVE INDICIA OF NON-OBVIOUSNESS ..................................... 75
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`I, Darrell D.E. Long, hereby declare as follows:
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`I.
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`INTRODUCTION AND QUALIFICATIONS
`I have been retained by Cisco Systems, Inc. (“Cisco”), Apple Inc.
`1.
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`(“Apple”), Hewlett Packard Enterprise Co. (“Hewlett Packard”) and Aruba
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`Networks, LLC (“Aruba”) (collectively, “Petitioners”) to provide my technical
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`review, analysis, insights, and opinions concerning the validity of the claims of U.S.
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`Patent No. 8,761,804 (EX1001; “the ’804 Patent”) entitled “System and Method for
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`Location Based Exchange of Data Facilitating Distributed Locational Applications.”
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`The patent is assigned to BillJCo LLC. (“BillJCo”).
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`2.
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`I am currently a Distinguished Professor of Engineering in the Jack
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`Baskin School of Engineering at the University of California, Santa Cruz. I am also
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`the Director of the Storage System Research Center at the University of California,
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`Santa Cruz. Before that time, I was a research assistant at the University of
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`California, San Diego, and a lecturer at San Diego State University. I was also a
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`Visiting Scientist at IBM Research from 1995 until 2011. All of this experience is
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`covered in my curriculum vitae (EX1003), which provides a more detailed recitation
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`of my employment history and experience.
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`3.
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`I have held numerous positions at the University of California and for
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`various governmental agencies. For example, I have served as the Vice Chair and
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`later Chair of the University of California Committee on Research Policy. I have
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`served on the University of California President’s Council on the National
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`Laboratories, and on the Science & Technology, National Security and Intelligence
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`Committees for these laboratories. I also serve on the University of California
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`Academic Council Special Committee on Laboratory Issues (ASCOLI). I served for
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`a number of years on the National Research Council’s Standing Committee on
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`Technology Insight-Gauge, Evaluate and Review (TIGER), on the Committee on
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`Defense Intelligence Agency Technology Forecasts and Reviews, and on the
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`National Research Council’s Committee on Science and Technology for Defense
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`Warning. I currently serve on the Intelligence Science and Technology Experts
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`Group (ISTEG) for the National Academies of Science, Engineering, and Medicine.
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`4.
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`I have also held visiting faculty positions at the Université Paris-
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`Dauphine (Paris IX), the Conservatoire National des Arts et Métiers, the Université
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`Paris – Descartes (Paris V), Sorbonne Université, the University of Technology,
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`Sydney, the Center for Communications Research, the U.S. Naval Postgraduate
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`School. Further, I am a Professor ad Honorem at the de la Universidad Católica del
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`Uruguay. I am also an Associate Member of the European Organization for Nuclear
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`Research (CERN).
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`5.
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`I graduated from San Diego State University with a Bachelor of Science
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`in Computer Science in 1984. I earned a Master of Science in Computer Science
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`from the University of California, San Diego, in 1986. I also earned a Ph.D. from
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`the University of California, San Diego, in 1988.
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`6.
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`I am a member of numerous professional societies, including the
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`Association for Computing Machinery, the Institute for Electrical and Electronics
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`Engineers (IEEE), the International Association for Cryptologic Research (IACR),
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`the American Association for the Advancement of Science (AAAS), the Armed
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`Forces Communications & Electronics Association, the American Society for
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`Engineering Education, the Usenix Association, Sigma Xi (Scientific Research
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`Society), and the IEEE Computer Society. I was elected a Fellow of the IEEE in
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`2006, and I was elected a Fellow of the AAAS in 2008. I served on the IEEE Fellows
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`Evaluation Committee in 2007, 2010 and from 2011 to 2014. From 2011 to 2012, I
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`was a Member and Chair Emeritus for the IEEE Reynold B. Johnson Information
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`Storage Systems Award Committee. From 2008 to 2011, I served as the Chair for
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`that same committee, and I was a member of the IEEE Technical Field Awards
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`Council. I am the Editor-in-Chief of the IEEE Letters of the Computer Society
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`(LOCS) and the Editor-in-Chief, emeritus, of the ACM Transactions on Storage
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`(TOS). In 2002, I was the founder of the Conference on File and Storage
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`Technologies (FAST).
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`7.
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`I have contributed to more than 200 peer-reviewed publications,
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`including journals and conference proceedings. I am the author for a book titled
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`Avoiding Surprise in an Era of Global Technology that was peer reviewed and
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`published in 2005. In 1989, I co-authored a book titled Theory of Finite Automata. I
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`have co-authored chapters of various books, including Distributed Data &
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`Structures 4, Multimedia Communications: Directions and Innovations, Networks
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`Systems Design, and Progress in Simulation II.
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`8.
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`I have co-authored various peer reviewed journals in the space of
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`computer science, secure computing, computer systems and data storage. These peer
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`reviewed journals include the ACM/Baltzer Mobile Networks and Applications
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`Journal, ACM Transactions on Storage, Cluster Computing Journal, Computer
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`Networks, Computing Systems, Future Generation Computing Systems, IEEE Latin
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`America Transactions, IEEE Micro, IEEE Transactions on Big Data, IEEE
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`Transactions on Cloud Computing, IEEE Transactions on Computers, IEEE
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`Transactions on Dependable and Secure Computing, IEEE Transactions on
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`Knowledge and Data Engineering, IEEE Transactions on Magnetics, the
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`International Journal in Computer Simulation, Internet Computing, the Journal of
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`Software and Knowledge Engineering, the Journal of the ACM and Performance
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`Evaluation.
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`9.
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`I am a co-inventor on more than ten U.S. patents.
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`10.
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`I also work as an independent consultant, in which I perform research
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`on patents and trade secrets, write expert reports for software IP litigation, and
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`provide advice for attorneys on technical matters. A list of all other cases in which I
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`testified as an expert at trial or by deposition in the last four years can be found at
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`Exhibit 1020. My work on this Inter Partes review proceeding is being billed at a
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`rate of $650 per hour, with reimbursement for actual expenses. I do not have a direct
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`financial interest in the litigation between the Petitioners and BillJCo. In addition,
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`my compensation is not contingent upon the outcome of this Inter Partes review.
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`11.
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`I am over the age of 18 and am competent to write this declaration. I
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`have personal knowledge, or have developed knowledge, of the technologies
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`discussed in this declaration based upon my education, training or experience with
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`the matters discussed herein.
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`II. UNDERSTANDING OF THE GOVERNING LAW
`Invalidity by Obviousness
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`12.
`I understand that obviousness is analyzed from the perspective of a
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`POSA at the time of the alleged invention. I also understand that a POSA is
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`presumed to have been aware of all pertinent prior art at the time of the alleged
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`invention.
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`13.
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`I understand that an obviousness analysis involves comparing a claim
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`to the prior art to determine whether the claimed invention as a whole would have
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`been obvious to a POSA in view of the prior art, and in light of the general
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`knowledge in the art at the time the invention was made. I also understand that the
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`invention may be deemed obvious when a POSA would have reached the claimed
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`invention through routine experimentation.
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`14.
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`I understand that obviousness can be established by combining or
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`modifying the disclosures of the prior art to achieve the claimed invention. It is also
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`my understanding that where there is a reason to modify or combine the prior art to
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`achieve the claimed invention, there must also be a reasonable expectation of success
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`in so doing to render the claimed invention obvious. I understand that the reason to
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`combine prior art references can come from a variety of sources, not just the prior
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`art itself or the specific problem the patentee was trying to solve. I also understand
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`that the references themselves need not provide a specific hint or suggestion of the
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`alteration needed to arrive at the claimed invention; the analysis may include
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`recourse to logic, judgment, and common sense available to a POSA.
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`15.
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`I understand that when there is some recognized reason to solve a
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`problem, and there are a finite number of identified, predictable solutions, a POSA
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`has good reason to pursue the known options within his or her technical grasp. If
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`such an approach leads to the anticipated success, it is likely the product not of
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`innovation but of ordinary skill and common sense. In such a circumstance, when a
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`patent simply arranges old elements with each performing the same function it had
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`been known to perform and yields no more than one would expect from such an
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`arrangement, the combination is obvious.
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`16.
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`I understand that when considering the obviousness of an invention,
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`one should also consider whether there are any objective indicia that support the
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`non-obviousness of the invention. I further understand that objective indicia of non-
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`obviousness include failure of others, copying, unexpected results, information that
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`“teaches away” from the claimed subject matter, perception in the industry,
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`commercial success, and long-felt but unmet need. I also understand that in order for
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`objective indicia of non-obviousness to be applicable, the indicia must have some
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`sort of nexus to the subject matter in the claim that was not known in the art. I
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`understand that this nexus includes a factual connection between the patentable
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`subject matter of the claim and the objective indicia alleged. I also understand that
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`an independently made invention that is made within a comparatively short period
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`of time is evidence that the claimed invention was the product of ordinary skill.
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`17. Finally, I understand that patent examiners at the U.S. Patent and
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`Trademark Office (“USPTO”) rely upon certain exemplary rationales in reviewing
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`patent applications to understand whether the subject matter of the claims is obvious.
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`I understand that the following is the list of exemplary rationales relied upon by
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`patent examiners at the USPTO:
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`(A) Combining prior art elements according to known methods to
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`yield predictable results;
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`(B) Simple substitution of one known element for another to obtain
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`predictable results;
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`(C) Use of a known technique to improve similar devices (methods,
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`or products) in the same way;
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`(D) Applying a known technique to a known device (method, or
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`product) ready for improvement to yield predictable results;
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`(E) “Obvious to try” – Choosing from a finite number of identified,
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`predictable solutions, with a reasonable expectation of success;
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`(F) Known work in one field of endeavor may prompt variations of
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`it for use in either the same field or a different one based on
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`design incentives or other market forces if the variations are
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`predictable to one of ordinary skill in the art; and
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`(G) Some teaching, suggestion, or motivation in the prior art that
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`would have led one of ordinary skill to modify the prior art
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`reference or to combine prior art reference teachings to arrive at
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`the claimed invention.
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`18.
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`Interpreting Claims Before the Patent Office
`I understand that Inter Partes Review is a proceeding before the United
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`States Patent & Trademark Office (“USPTO”) for evaluating the validity of issued
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`patent claims. I understand that, in an Inter Partes Review, a claim term is
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`interpreted in a manner consistent with the standard used in patent litigation, as set
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`forth in Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc). That
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`standard generally construes the claims according to their “ordinary and customary”
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`meaning in view of the claim language, specification, and file history, and where
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`applicable, relevant other evidence.
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`19.
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`I understand that a patent’s “specification” includes all the figures,
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`discussion, and claims within the patent. I understand that the USPTO will look to
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`the specification and prosecution history to see if there is a definition for a given
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`claim term, and if not, will apply the ordinary and customary meaning from the
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`perspective of a POSA at the time in which the alleged invention was made.
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` Materials Relied on in Forming My Opinions
`In forming my opinions expressed in this declaration, I have relied on
`20.
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`my own knowledge, experience, and expertise, as well as the knowledge of a POSA
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`in the relevant timeframe. In addition, I have reviewed and relied upon all documents
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`referenced in this declaration and the following list of materials:
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`• U.S. Patent No. 8,761,804 (“the ’804 Patent”) (EX1001);
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`• Prosecution History of the ’804 Patent (EX1002);
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`• U.S. Patent No. 7,123,926 (“Himmelstein”) (EX1005);
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`• U.S. Patent Application Publication No. 2003/0014181 (“Myr”)
`(EX1006); and
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`• U.S. Patent No. 6,327,535 (“Evans”) (EX1007).
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`III. OVERVIEW OF THE ’804 PATENT
`Specification of the ’804 Patent
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`21. The ’804 Patent discloses a “distributed system and method for
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`enabling new and useful location dependent features and functionality to mobile data
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`processing systems.” EX1001, Abstract. The specification of the ’804 Patent
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`discloses methods and systems that relate “more particularly to location based
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`exchanges of data between distributed mobile data processing systems for locational
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`applications.” EX1001, 1:20-24. “A common connected service is not required for
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`location based functionality and features.” EX1001, 1:24-25. “Location based
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`exchanges of data between distributed mobile data processing systems enable
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`location based features and functionality in a peer to peer manner.” EX1001, 1:25-
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`28.
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`22. The late 1990s and early 2000s saw a rapid increase in the growth of
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`the Internet and the services and content that could be provided to users over the
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`Internet. Indeed, the Background section of the ’804 Patent discusses that
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`“[w]ebsites yahoo.com, google.com, ebay.com, amazon.com, and iTunes.com have
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`demonstrated well the ability to provide valuable services to a large dispersed
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`geographic audience through the internet ([E]bay, [Y]ahoo, [G]oogle, [A]mazon and
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`iTunes (Apple) are trademarks of the respective companies).” EX1001, 1:32-37. As
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`the Internet grew, early systems for providing content to users utilized the
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`“[a]dvantages of having a service as the intermediary point between clients, users,
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`and systems, and their associated services, includes centralized processing,
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`centralized maintaining of data, for example to have an all knowing database for
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`scope of services provided, having a supervisory point of control, providing an
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`administrator with access to data maintained by users of the web service, and other
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`advantages associated with centralized control.” EX1001, 1:39-46. “However, as
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`computers declined in price and adequate processing power was brought to more
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`distributed systems, such as Open Systems (i.e., Windows, UNIX, Linux, and Mac
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`environments), the mainframe was no longer necessary for many of the daily
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`computing tasks.” EX1001, 1:51-55. “In fact, adequate processing power [was]
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`incorporated in highly mobile devices, various handheld mobile data processing
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`systems, and other mobile data processing systems.” EX1001, 1:55-58. Some
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`examples of such mobile data processing systems include cell phones, laptops, and
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`personal computers. EX1001, 3:7-17. “As mobile data processing systems are more
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`capable, there is no need for a service to middleman interactions possible between
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`them,” especially when there were disadvantages to the middleman, such as poor
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`response times and a need to store large amounts of data at the middleman service.
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`EX1001, 1:63-2:23.
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`23. The ’804 Patent states that “[i]t is inevitable that as users are hungry for
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`more features and functionality on their mobile data processing systems, processing
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`will be moved closer to the device for optimal performance and infrastructure cost
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`savings.” EX1001, 2:23-26. The ’804 Patent explains that “[a] reasonable
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`requirement is to push intelligence out to the mobile data processing systems
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`themselves, for example, in knowing their own locations and perhaps the locations
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`of other nearby mobile data processing systems.” EX1001, 2:59-62. “Mobile data
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`processing systems can intelligently handle many of their own application
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`requirements without depending on some remote service.” EX1001, 2:62-65. “Just
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`as two people in a business organization should not need a manager to speak to each
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`other, no two mobile data processing systems should require a service middleman
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`for useful location dependent features and functionality.” EX1001, 2:65-3:2.
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`24. Therefore, the ’804 Patent discloses methods and systems for “enabling
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`location dependent features and functionality [on a mobile device] without the
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`burden of requiring a [centralized] service.” EX1001, 2:40-42. The ’804 Patent
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`claims methods and systems for a “sending data processing system” to access certain
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`information, prepare a “broadcast unidirectional wireless data record” and transmit
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`that broadcast unidirectional wireless data record to one or more “receiving mobile
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`data processing systems.” EX1001, 117:60-118:52. The signal sent from the sending
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`data processing system is intended to be used by the receiving mobile data
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`processing system to determine its location relative to the sending system and to
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`decide what content to present to the receiving user on the receiving mobile data
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`processing system. Id.
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`The Claims of the ’804 Patent
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`25. The ’804 Patent includes 40 claims, and Claims 1 and 21 are
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`independent claims. See EX1001, 117:60-124:51. Claim 1 recites:
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`1. A method by a sending data processing system, the
`method comprising:
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`accessing, by the sending data processing system, identity
`information
`for describing an originator
`identity
`associated with the sending data processing system;
`
`accessing, by the sending data processing system,
`application information for an application in use at the
`sending data processing system;
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`accessing, by the sending data processing system, location
`information associated with the sending data processing
`system;
`
`accessing, by the sending data processing system,
`reference information for further describing the location
`information associated with the sending data processing
`system;
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`preparing, by the sending data processing system, a
`broadcast unidirectional wireless data record including:
`
`the identity information for describing the originator
`identity associated with the sending data processing
`system,
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`the application information for the application in use at the
`sending data processing system,
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`the location information associated with the sending data
`processing system, and
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`the reference information for further describing the
`location information associated with the sending data
`processing system;
`maintaining, by the sending data processing system, a
`configuration for when to perform beaconing of the
`broadcast unidirectional wireless data record; and
`
`transmitting, by the sending data processing system, the
`broadcast unidirectional wireless data record for receipt by
`a plurality of receiving mobile data processing systems in
`a wireless vicinity of the sending data processing system
`wherein the broadcast unidirectional wireless data record
`is beaconed by the sending data processing system in
`accordance with the configuration for when to perform
`beaconing, and wherein the broadcast unidirectional
`wireless data record includes at least:
`
`the identity information for describing the originator
`identity associated with the sending data processing
`system wherein the identity information is for an alert
`determined by each receiving mobile data processing
`system of the plurality of receiving mobile data processing
`systems that the each receiving mobile data processing
`system is in the wireless vicinity of the sending data
`processing system,
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`the application information for the application in use at the
`sending data processing system,
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`the location information associated with the sending data
`processing system to be used by the each receiving mobile
`data processing system for determining their own location
`relative to the location information, and
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`the reference information for further describing the
`location information associated with the sending data
`processing system for describing to the each receiving
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`information
`mobile data processing system useful
`associated with the sending data processing system.
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`EX1001, 117:60-118:52.
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`26. Claim 10 recites:
`
`
`the broadcast
`10. The method of claim 1 wherein
`unidirectional wireless data record includes information
`that is processed by the each receiving mobile data
`processing system for determining by the each receiving
`mobile data processing system what to present to a user
`interface.
`
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`EX1001, 119:16-20.
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`27. Claim 11 recites:
`
`
`the broadcast
`11. The method of claim 1 wherein
`unidirectional wireless data record includes at least one of:
`
`information for a location technology used to locate the
`sending data processing system,
`
`information for a triangulation measurement associated
`with the sending data processing system,
`
`information for a time difference of arrival measurement
`associated with the sending data processing system,
`
`information for a time of arrival measurement associated
`with the sending data processing system,
`
`information for an angle of arrival measurement
`associated with the sending data processing system,
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`information for a yaw measurement associated with the
`sending data processing system,
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`information for a pitch measurement associated with the
`sending data processing system,
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`information for a roll measurement associated with the
`sending data processing system,
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`information for an accelerometer measurement associated
`with the sending data processing system,
`
`information for a communications signal strength of a
`transmission associated with the sending data processing
`system,
`
`information for a communications wave spectrum
`characteristic of a transmission associated with the
`sending data processing system,
`
`information for a communications wave spectrum class of
`a transmission associated with the sending data processing
`system,
`
`information for a communications wave spectrum
`frequency of a transmission associated with the sending
`data processing system,
`
`information associated with a wireless data record
`received by the sending data processing system from a
`particular data processing system,
`
`information maintained by an application associated with
`the sending data processing system,
`
`information for an application in use at the sending data
`processing system,
`
`information for an application context of an application
`associated with the sending data processing system,
`
`
`16
`
`Exhibit 1004
`IPR2022-00426
`Page 19 of 79
`
`
`
`
`
`information for a navigation Application Programming
`Interface associated with the sending data processing
`system,
`
`information for a situational location associated with the
`sending data processing system,
`
`information for a speed associated with the sending data
`processing system,
`
`information for a heading associated with the sending data
`processing system,
`
`time information associated with the sending data
`processing system,
`
`information for a service condition associated with the
`sending data processing system,
`
`information for a physical address associated with the
`sending data processing system,
`
`information for a logical address associated with the
`sending data processing system,
`
`information for a user configuration associated with the
`sending data processing system,
`
`information for monitoring movement of the sending data
`processing system,
`
`information for an identifier associated with the sending
`data processing system, or
`
`information in accordance with one or more permissions
`configured by a user associated with the sending data
`processing system.
`
`
`EX1001, 119:21-120:21
`
`
`17
`
`Exhibit 1004
`IPR2022-00426
`Page 20 of 79
`
`
`
`
`
`
`
`28. Claim 12 recites:
`the broadcast
`12. The method of claim 1 wherein
`unidirectional wireless data record includes information
`that can be processed according to a user configured
`permission maintained at the each receiving mobile data
`processing system.
`
`
`EX1001, 120:22-25.
`
`
` The Prosecution History of the ’804 Patent
`29. The ’804 Patent was filed as U.S. Patent Application No. 14/033,540
`
`(“the ’540 Application”) on September 23, 2013. EX1001. The ’804 Patent states on
`
`its front page that it is a “Continuation of application No. 12/077,041 [“the ’041
`
`Application”], filed on Mar. 14, 2008, now Pat. No. 8,600,341.” EX1001; EX1008.
`
`30. The U.S. Patent and Trademark Office (“PTO”) allowed Claims 1-21
`
`of the ’540 Application in a Notice of Allowance on January 6, 2014, without any
`
`rejection of those claims based on prior art. EX1002 at 657-665. On January 28,
`
`2014, the Applicant for the ’540 Application filed an Amendment under 37 C.F.R.
`
`§ 1.312 adding new dependent Claims 22-40. EX1002 at 701-714. The PTO issued
`
`a second Notice of Allowance on May 15, 2014, which allowed Claims 1-40.
`
`EX1002 at 737-741.
`
`31. With respect to the parent ’041 Application, the Applicant emphasized
`
`that the invention in that application is directed to “unsolicited (one; unidirectional)
`
`communication flow capable of being used to locate a mobile system” in response
`
`18
`
`Exhibit 1004
`IPR2022-00426
`Page 21 of 79
`
`
`
`
`
`to a rejection based on prior art. EX1009 at 528. Separately, in response to another
`
`rejection, the Patent Owner argued that the invention of the ’041 Application
`
`“discloses completely eliminating the requirement for a shared centralized service,”
`
`which was a “radical departure from the state of the art of cloud and service industry
`
`methods.” Id. at 580. However, as demonstrated in the analysis set forth below in
`
`Paragraphs 53-138, these features were well-known in the art.
`
` The Priority Date of the ’804 Patent
`I understand that the ’804 Patent claims priority to ’041 Application,
`32.
`
`which was filed on March 14, 2008. I have therefore been asked for purposes of this
`
`declaration to analyze obviousness as of March 14, 2008.
`
`IV. STATE OF THE ART PRIOR TO THE ’804 PATENT
` The Person of Ordinary Skill in the Art
`33. The opinions that I provide in this declaration are based on what a
`
`POSA would have understood as of March 14, 2008. I have been informed and
`
`understand that the content of a patent and the prior art should be interpreted by the
`
`way a POSA would have interpreted those references as of that time. I understand
`
`that a POSA is a hypothetical person who is presumed to be aware of the knowledge
`
`and information available at that time, has considered the types of problems
`
`encountered in the art, knows the prior art solutions to those problems, is aware of
`
`the rapidity with which innovations are made in the art, understands the
`
`19
`
`Exhibit 1004
`IPR2022-00426
`Page 22 of 79
`
`
`
`
`
`sophistication of the technology, and is aware of the educational level and
`
`professional capabilities of workers in the field.
`
`34.
`
`It is my opinion that, as of March 14, 2008, a POSA in the art pertinent
`
`to the subject matter of the ’804 Patent would have had a bachelor’s degree in
`
`computer science, computer engineering, or an equivalent, and two years of
`
`professional experience, and would have had a working knowledge of hardware and
`
`software for location tracking of mobile devices. Further, it is my opinion that
`
`someone with additional education but less professional experience, and vice versa,
`
`may qualify as a POSA.
`
`35.
`
`I believe that I would qualify as understanding the knowledge and skills
`
`of a POSA as of March 14, 2008, and that I have a sufficient level of knowledge,
`
`experience, and expertise to provide an expert opinion in the field of the ’804 Patent.
`
`This is based, at least in part, on my over thirty years of experience teaching students
`
`seeking Bachelor of Science degrees in Computer Science, Computer Engineering
`
`or Electrical Engineering and with workers in the computing field.
`
` A POSA Would Have Known of Multiple Ways to Track and
`Locate Mobile Devices.
`It is my opinion that a POSA would have had decades of information
`
`36.
`
`about ho
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