Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`––––––––––
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`––––––––––
`ERICSSON INC.,
`Petitioner,
`
`v.
`
`KONINKLIJKE KPN N.V.,
`Patent Owner.
`
`––––––––––
`
`Case No. IPR2022-00557
`Patent 9,667,669
`
`––––––––––
`
`DECLARATION OF ANTHONY WECHSELBERGER
`
`
`
`
`
`
`1
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`ERICSSON EXHIBIT 1003, Page 1
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`

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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`V.
`
`Table of Contents
`INTRODUCTION .......................................................................................... 7
`I.
`II. MATERIALS CONSIDERED ....................................................................... 8
`III. QUALIFICATIONS ..................................................................................... 11
`IV. LEGAL UNDERSTANDING ...................................................................... 19
`A. My Understanding of Claim Construction ......................................... 19
`B. My Understanding of Obviousness .................................................... 20
`C.
`Level of Ordinary Skill in the Art ...................................................... 25
`THE ’669 PATENT ...................................................................................... 25
`A.
`Priority Date ....................................................................................... 25
`B.
`Overview of the ’669 Patent ............................................................... 26
`C.
`Level of Ordinary Skill in the Art ...................................................... 31
`D.
`The Challenged Claims ...................................................................... 32
`E.
`Claim Construction............................................................................. 33
`1.
`“Composition Session” .............................................................34
`VI. APPLICATION OF THE PRIOR ART TO THE CHALLENGED
`CLAIMS ....................................................................................................... 37
`A. Grounds of Unpatentability ................................................................ 37
`B.
`Brief Summary of Prior Art ............................................................... 37
`1.
`Foti (EX1006) ...........................................................................37
`2.
`RFC 3261 (EX1007) .................................................................43
`3.
`RFC 4566 (EX1008) .................................................................45
`4.
`RFC 2326 (EX1009) .................................................................45
`5. Wright (EX1010) ......................................................................46
`6.
`Lloyd (EX1011) ........................................................................47
`Ground 1: Foti in view of RFC 3261, RFC 4566, RFC 2326,
`Wright, and Lloyd .............................................................................. 49
`1.
`Rationale and Motivation to Combine ......................................49
`2.
`Claim 1 ......................................................................................55
`
`C.
`
`
`
`2
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`ERICSSON EXHIBIT 1003, Page 2
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`b.
`
`a.
`
`
`
`(i)
`
`(ii)
`
`(iii)
`
`(iv)
`
`
`
`1[p] A method for managing associated sessions in
`a network, the network having a network element
`configured
`for managing associated sessions
`between the network and at least one user
`equipment, the method comprising ............................... 55
`[1a] providing a composition session identifier for
`associating sessions in the network ............................... 58
`[1b] after providing
`the composition session
`identifier, exchanging the composition session
`identifier between a user equipment and the
`network element a first time .......................................... 61
`[1c] associating two or more sessions with the
`composition session identifier by exchanging the
`composition session identifier at least a second
`time, wherein exchanging the composition session
`identifier at least a second time comprises the
`network element exchanging
`the composition
`session identifier with the user equipment .................... 63
`a.
`AS 40 Associates Two or More Sessions
`With the Composition Session Identifier ............ 64
`Associating the Two or More Sessions By
`Exchanging the Composition Session ID a
`Second Time ........................................................ 66
`[1d] initiating establishment of a composition
`session, the composition session being a signaling
`session for facilitating management of the two or
`more sessions and exchanging the composition
`session identifier between the user equipment and
`the network element as part of said establishment,
`the composition session being different from the
`two or more sessions ...................................................... 68
`a.
`Foti’s SIP Signaling Session Comprises the
`Claimed “Composition Session” Under
`Either Petitioner’s Construction or the
`Construction Argued by Patent Owner. .............. 69
`Foti’s SIP Signaling Session Facilitates
`Management of the Two or More Sessions ........ 71
`3
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`ERICSSON EXHIBIT 1003, Page 3
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`

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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`b.
`
`c.
`
`a.
`
`Foti’s SIP Signaling Session Exchanges the
`Composition Session Identifier Between UT
`20 and AS 40 as Part of Said Establishment. ...... 74
`Foti’s SIP Signaling Session is Different
`than the Two or More Associated RTSP
`Sessions. .............................................................. 74
`[1e] modifying the composition session, wherein
`modifying the composition session comprises using
`signaling in the composition session to terminate all
`of the two or more sessions ........................................... 74
`Claim 2. .....................................................................................80
`[2p] The method according to claim 1, wherein
`
`providing the composition identifier comprises the
`user equipment generating the composition session
`identifier ......................................................................... 80
`[2a] sending a request for initiating the composition
`session from the user equipment to the network
`element, the request comprising the composition
`session identifier. ........................................................... 80
`Claim 3. The method according to claim 2, wherein the request
`for initiating the composition session further comprises one or
`more session identifiers and, optionally, resource reservation
`information and/or resource allocation information associated
`with the one or more sessions identified by the session
`identifiers. .................................................................................81
`a.
`Foti teaches that the SIP INVITE may
`include the one or more RTSP sessions. ............. 81
`IETF Protocols and Wright Describe the
`Ability to Include Resource Reservation
`and/or Resource Allocation Information in
`the SIP INVITE. .................................................. 83
`Claim 6. The method according to claim 1, wherein the method
`further comprises: the user equipment initiating the two or more
`associated sessions by sending two or more session initiation
`requests for a session to the network element, each request
`comprising the composition session identifier. ........................85
`
`1.
`
`
`
`3.
`
`4.
`
`5.
`
`
`
`4
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`ERICSSON EXHIBIT 1003, Page 4
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`7.
`
`8.
`
`9.
`
`6.
`
`Claim 8. The method according to claim 1, wherein the method
`further comprises: the network element initiating the two or
`more associated sessions by sending two or more requests for a
`session to the user equipment, each request comprising the
`composition session identifier...................................................87
`Claim 10. The method according to claim 1, wherein combined
`streams of the two or more associated sessions are presented to
`the user equipment as a personalized composed multimedia
`stream. .......................................................................................89
`Claim 11. The method according to claim 1, wherein the
`network further comprises storage, the method further
`comprising: the network element storing the composition
`session identifier and two or more associated session identifiers
`in the storage. ............................................................................91
`Claim 12. The method according to claim 1, the method further
`comprising: modifying the composition session by at least one
`of (i) modifying at least one of the two or more sessions in the
`composition session, or (ii) transferring at least one of the two
`or more sessions from the composition session to a further
`composition session or outside the composition session. .........91
`10. Claim 21 ....................................................................................93
`[21p] A method for managing associated sessions in
`
`a network, the network having a network element
`configured
`for managing associated sessions
`between the network and at least one user
`equipment, the method comprising ............................... 93
`[21a] providing a composition session identifier for
`associating sessions in the network ............................... 93
`[21b] after providing the composition session
`identifier, exchanging the composition session
`identifier between a user equipment and the
`network element a first time .......................................... 93
`[21c] associating two or more sessions with the
`composition session identifier by exchanging the
`composition session identifier at least a second
`time, wherein exchanging the composition session
`identifier at least a second time comprises the
`5
`
`
`1.
`
`2.
`
`3.
`
`
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`ERICSSON EXHIBIT 1003, Page 5
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`4.
`
`5.
`
`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`the composition
`network element exchanging
`session identifier with the user equipment .................... 93
`[21d] initiating establishment of a composition
`session, the composition session being a signaling
`session for facilitating management of the two or
`more sessions and exchanging the composition
`session identifier between the user equipment and
`the network element as part of said establishment,
`the composition session being different from the
`two or more sessions ...................................................... 94
`[21e] modifying, using signaling in the composition
`session, all of the two or more sessions. ........................ 94
`11. Claim 22. The method according to claim 21, wherein
`modifying, using the composition session, comprises modifying
`at least one of the two or more sessions based on a determined
`change in bandwidth availability. .............................................95
`12. Claim 24. The method according to claim 21, wherein
`modifying, using the signaling in the composition session,
`comprises signaling in the composition session a duration for
`all of the two or more sessions. ...............................................100
`13. Claim 25. The method according to claim 21, wherein
`modifying, using the signaling in the composition session,
`comprises signaling in the composition session a bandwidth
`requirement for all of the two or more sessions. ....................101
`VII. SECONDARY CONSIDERATIONS ........................................................ 102
`VIII. CONCLUSION ........................................................................................... 103
`Appendix A:
`CV of Anthony Wechselberger
`
`
`
`
`
`
`
`6
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`ERICSSON EXHIBIT 1003, Page 6
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`
`I, Anthony Wechselberger, declare as follows:
`I.
`INTRODUCTION
`1. I have been retained by Ericsson Inc. (“Petitioner”) in connection with the
`
`above-captioned inter partes review (“IPR”) of Claims 1-3, 6, 8, 10-12, 21-22, and
`
`24-25 of U.S. Patent No. 9,667,669 (“the ’669 Patent”), entitled “Managing
`
`Associated Sessions in a Network” by named inventors Hans Maarten Stokking,
`
`Fabian Arthur Walraven, Mattijs Oksar van Deventer, and Omar Aziz Niamut. I
`
`understand that the ’669 Patent is assigned to Koninklijke KPN N.V. (the “Patent
`
`Owner”). I have been retained by Petitioner to provide technical review, analysis,
`
`insights, and opinions regarding the ’669 Patent and the prior art references that form
`
`the basis for the ground of unpatentability set forth in the Petition for Inter Partes
`
`Review of the ’669 Patent (the “Petition”).
`
`2.
`
`I make this declaration based on my personal knowledge. I am over the
`
`age of 18 and competent to make this declaration.
`
`3.
`
`The statements herein include my opinions and the bases for those
`
`opinions, which relate to at least the Petition and associated exhibits.
`
`4.
`
`I have reviewed the Petition in detail, and I agree with its analysis and
`
`conclusions as it relates to the technology described in the ’669 Patent and prior art
`
`references addressed herein.
`
`
`
`7
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`ERICSSON EXHIBIT 1003, Page 7
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`5.
`
`I am being compensated for my time at my standard hourly consulting
`
`rate in 2021 of $400 per hour for my time spent on this matter. My compensation is
`
`not contingent on the substance of my opinions, on the outcome of the IPR, or on
`
`the outcome of any related dispute between Petitioner and Patent Owner.
`
`6.
`
`I do not have a conflict of interest with respect to Petitioner or Patent
`
`Owner.
`
`7.
`
`I reserve my right to offer additional opinions in other dispute venues.
`
`II. MATERIALS CONSIDERED
`8.
`The analysis that I provide in this Declaration is based on my education,
`
`research, and experience, as well as the documents I have considered, including the
`
`’669 Patent (EX1001) and its prosecution history (EX1002). I have reviewed and
`
`am familiar with the specification of the ’669 Patent. I have reviewed and am
`
`familiar with the prosecution history of the ’669 Patent.
`
`9.
`
`In preparing this Declaration, I have also reviewed and am familiar with
`
`the following prior art used in the Petition and in my Declaration below:
`
`a. EX1006 – US2008/0151918 to Foti (“Foti”) was published on June 26,
`
`2008 and filed on December 22, 2006 as App. No. 11/615,506. I
`
`understand from counsel for Petitioner that Foti qualifies as prior art under
`
`at least 35 U.S.C. §§ 102(a), 102(b), 102(e).
`
`
`
`8
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`ERICSSON EXHIBIT 1003, Page 8
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`b. Exhibit 1007 – Rosenberg et al., SIP: Session Initiated Protocol (RFC
`
`3262), at Section 8.1.1 (June 2002) (RFC 3262). RFC 3262 was publicly
`
`available as of at least June 2002. EX1014 (declaration of G. Foti
`
`regarding public accessibility). I understand from counsel for Petitioner
`
`that RFC 3262 qualifies as prior art under at least §§ 102(a) and 102(b).
`
`c. Exhibit 1008 – Handley et al., SDP: Session Description Protocol, RFC
`
`4566 (July 2006). RFC 4566 was publicly available as of at least June
`
`2006. EX1014 (declaration of G. Foti regarding public accessibility). I
`
`understand from counsel for Petitioner that RFC 4566 qualifies as prior art
`
`under at least 35 U.S.C. §§ 102(a) and 102(b).
`
`d. Exhibit 1009 – Schulzrinne et al., Real Time Streaming Protocol (RTSP),
`
`RFC
`
`2326
`
`(April
`
`1998)
`
`(“RFC
`
`2326”)
`
`(https://datatracker.ietf.org/doc/html/rfc2326). RFC 2326 was publicly
`
`available as of at least April 1998. EX1014 (declaration of G. Foti
`
`regarding public accessibility). I understand from counsel for Petitioner
`
`that RFC 2326 qualifies as prior art under at least 35 U.S.C. §§ 102(a) and
`
`102(b).
`
`e. Exhibit 1010 - U.S. Patent Publication 2006/0039367 to Wright et al.
`
`(“Wright”). Wright was published February 23, 2006 and filed on
`
`December 30, 2004 as App. No. 11/026,228. I understand from counsel
`
`
`
`9
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`ERICSSON EXHIBIT 1003, Page 9
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`for Petitioner that Wright qualifies as prior art under qualifies as prior art
`
`under at least 35 U.S.C. §§ 102(a), 102(b), 102(e).
`
`f. Exhibit 1011 – EP 1777969 to Lloyd (“Lloyd”). Lloyd was filed on
`
`October 10, 2005 and published on April 25, 2007. I understand from
`
`counsel for Petitioner that Lloyd qualifies as prior art under at least 35
`
`U.S.C. §§ 102(a) and 102(b).
`
`10.
`
`I have considered the following documents in my analysis below:
`
`Exhibit No.1
`1001
`1002
`1004
`
`1005
`
`1006
`1007
`
`Description
`U.S. Patent No. 9,667,669 to Stokking et al. (“the ’669 Patent”)
`Prosecution File History for the ’669 Patent
`Redacted Original Complaint, Koninklijke KPN N.V. v.
`Telefonaktiebolaget LM Ericsson, No. 2:21-cv-113, (E.D. Tex.
`Mar. 31, 2021), Dkt. 7
`Proof of Service of Complaint, Koninklijke KPN N.V. v.
`Telefonaktiebolaget LM Ericsson et al., 2:21-cv-113 (E.D. Tex.),
`Dkt. 10
`U.S. Patent Publication 2008/0151918 to Foti (“Foti”)
`Rosenberg et al., SIP: Session Initiated Protocol (RFC
`3261)(June 2002) (available at
`https://datatracker.ietf.org/doc/html/rfc3261)
`
`
`1 Citations to patents are made by column and line cite; citations to patent
`
`publications are made by paragraph number; citations to Exhibit 1002 is made with
`
`reference to the Bates-stamped pagination; citations to other exhibits are made to the
`
`page number of the document itself.
`
`
`
`
`10
`
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`ERICSSON EXHIBIT 1003, Page 10
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`Exhibit No.1
`1008
`
`1009
`
`1010
`
`1011
`1012
`1013
`
`1014
`1015
`
`1016
`1017
`
`1018
`
`1019
`
`1020
`
`Description
`Handley et al., SDP: Session Description Protocol, RFC 4566
`(July 2006) (“RFC 4566”) (available at
`https://datatracker.ietf.org/doc/html/rfc4566)
`Schulzrinne et al., Real Time Streaming Protocol (RTSP), RFC
`2326 (April 1998) (“RFC 2326”)
`(https://datatracker.ietf.org/doc/html/rfc2326)
`U.S. Patent Publication 2006/0039367 to Wright et al.
`(“Wright”)
`EP 1777969 to Lloyd (“Lloyd”)
`“Overview of the IETF,” p. 1 (dated May 20, 2000)
`The Tao of IETF – A Guide for New Attendees of the Internet
`Engineering Task Force,” p. 2, (dated May 19, 2000)
`Declaration of George Foti
`Change Request, 182.027 CR 088 rev3.1.2, 19tTD080r4, ETSI
`TISPAN#19-Ter, Sophia Antipolis, 19-23 January 2009
`Claim Listing
`Parties’ Joint Claim Construction and Prehearing Statement
`Pursuant to Patent Rule 4-3, Koninklijke KPN N.V. v.
`Telefonaktiebolaget LM Ericsson, No. 2:21-cv-113, (E.D. Tex.
`December 6, 2021), Dkt. 55
`Excerpts of Plaintiff’s Disclosure of Asserted Claims and
`Infringement Contentions Pursuant to Local Patent Rules 3-1 and
`3-2, Koninklijke KPN N.V. v. Telefonaktiebolaget LM Ericsson,
`No. 2:21-cv-113, (E.D. Tex. Sept. 15, 2021)
`Defendants’ Answer, Koninklijke KPN N.V. v.
`Telefonaktiebolaget LM Ericsson, No. 2:21-cv-113, (E.D. Tex.
`July 26, 2021), Dkt. 24
`KPN’s Opening Claim Construction Brief, Koninklijke KPN
`N.V. v. Telefonaktiebolaget LM Ericsson, No. 2:21-cv-113, (E.D.
`Tex. Jan. 5, 2021), Dkt. 58
`
`
`
`III. QUALIFICATIONS
`11.
`I am familiar with the technology at issue in the ’669 Patent, including
`
`during the period prior to January 19, 2009. In formulating my opinions, I have
`
`
`
`11
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
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`relied on my training, knowledge, and experience in the relevant art. I am qualified
`
`by education and experience to testify as an expert in the field of wireless
`
`telecommunications. My academic and professional background is in electrical
`
`engineering and computer science, and I have been working those fields since the
`
`completion of my B.S. in electrical engineering approximately 45 years ago. My
`
`background and qualifications are stated more fully in my curriculum vitae, attached
`
`as Appendix A. Here, I provide a brief summary of my qualifications and
`
`professional experience.
`
`12.
`
`I received a Bachelor of Science degree in electrical engineering from
`
`the University of Arizona in 1974 and a Master of Science degree in electrical
`
`engineering from San Diego State University in 1979. In addition, in 1984, I
`
`completed the Executive Program for Scientists and Engineers at the University of
`
`California at San Diego.
`
`13.
`
`I am currently the President of Entropy Management Solutions
`
`(“EMS”), a position I have held since I founded the company in 1999. In this
`
`capacity, I perform consulting services related to technology and business
`
`development, content management, distribution and merchandising, systems
`
`engineering, and product design in the areas of industrial and consumer broadband
`
`and multimedia technologies and associated commercial systems. As a result of my
`
`twenty-five years of extensive technology experience in corporate life, and
`
`
`
`12
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`ERICSSON EXHIBIT 1003, Page 12
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`continuing as President of EMS, I have worked with various aspects of Internet,
`
`cable, broadcast and satellite television programming distribution, including systems
`
`and equipment that included interactive television functions, remote control units
`
`and on-screen displays as used in electronic program guides in consumer appliances,
`
`such as set-top boxes.
`
`14.
`
`I have over forty-five years of experience working with high
`
`technology systems related to military, commercial, and consumer communication
`
`systems, networks, and appliances. I have held various design, leadership, and
`
`executive positions in, for example, engineering, operations, sales and marketing,
`
`and product management at leading companies, such as TV/COM International, Inc.
`
`(TV/COM) and Oak Communications, Inc. (Oak), in those fields.
`
`15. As Vice President at Oak Communications (in the 1980s), Chief
`
`Technology Officer at TV/COM (in the 1990s), and a consulting systems engineer
`
`(1999 to the present), I have specialized in the areas of digital communications
`
`technologies, systems and networks, including infrastructures, communications
`
`equipment and associated signal processing, network management and command-
`
`and-control, and
`
`information security as used for content management,
`
`merchandising, and delivery to the receivers/consumers of information/content.
`
`Consumer appliances are often the receivers/consumers of the communications
`
`systems I have worked with, and I have been involved, for example, in the design,
`
`
`
`13
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`ERICSSON EXHIBIT 1003, Page 13
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`manufacturing, sales, and servicing of consumer appliances, such as set-top boxes
`
`(STBs), since the early 1980s. My experience includes the development of terrestrial
`
`broadcast, satellite uplink, and cable head-end commercial equipment for television
`
`transmissions, as well as consumer appliance equipment, such as STBs and other
`
`home-based or home-networked devices. These architectures included computer
`
`control systems for networks and associated network device command and control,
`
`and for management of content distribution and consumer appliance functions. For
`
`example, these systems are addressable. “Addressability” enables the system
`
`operator to control the delivery of content and network services, network sourcing
`
`and receiving devices (e.g., servers and transmission equipment and PC or STB
`
`receivers), and the consumer experience. Examples are delivery of software or data
`
`files, for which purchased or subscription services or content is available, electronic
`
`program guides, and à la carte functions such as pay-per-view (PPV) and video-on-
`
`demand (VOD).
`
`16.
`
`I have been a participant in the development and evolution of modern
`
`consumer digital audio and digital video communications systems and technologies.
`
`In 1991, my employer, TV/COM, and I began to participate in the newly formed
`
`International Organization for Standardization (ISO) MPEG-2 digital television
`
`standards initiatives, and in the following year, we participated in both the European
`
`Digital Video Broadcast (DVB) and U.S. Advanced Television Systems Committee
`
`
`
`14
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`ERICSSON EXHIBIT 1003, Page 14
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`(ATSC) forums (which were based upon MPEG-2). These organizations are
`
`examples of standards development and adoption bodies, and my work with these
`
`and other bodies (such as my current contributions to the Society of Motion Picture
`
`and Television Engineers) is relevant to the current matter, because international
`
`standards are at the heart of the technologies of the ‘669 Patent. As I discuss further
`
`below in my invalidity analysis, the technological teachings found in IETF and ETSI
`
`standards form an important backdrop to the knowledge of the person of ordinary
`
`skill in the art at the time (POSITA).
`
`17. By the mid-1990s, as the technologies and standards in support of
`
`digital television (DTV) moved towards implementation, the dawn of the Internet
`
`age also arrived. This had a dramatic impact on the way broadband systems
`
`engineers like myself began to plan for the future. This is because the concept of
`
`convergence—the melding of traditional broadband communications systems and
`
`equipment, computers, and computer networks, with that of the telecommunications
`
`world—was changing the communications infrastructure and technology landscape.
`
`When television distribution went all-digital, the information of television became
`
`simply “data”—and it became possible for the technologies of digital television,
`
`computers and computer networks, and the telephony industry (which was in the
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`midst of its transition to digital infrastructure that began in the 1970s) to coalesce.
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`Support for on-line and Internet services demanded a high-performance two-way
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
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`data transmission capability, and so broadband network providers began to upgrade
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`their distribution infrastructures accordingly.
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`18.
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`In conjunction with this convergence, as TV/COM’s Chief Technology
`
`Officer, I directed the expansion of our network products into broadband data
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`communications generally, from its initial focus on digital television. Networks
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`became more advanced in order to support real-time interaction between consumers
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`and various information sources, and interactive and on-line applications led to rapid
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`adoption of client-server information access architectures. The ubiquitous set-top
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`box began to evolve from a minimalist appliance towards its current status as a
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`communications hub of the consumer’s media room. This was supported by the
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`exponential increase in the capabilities of powerful yet inexpensive integrated
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`circuits, such as microprocessors and memory that allowed STBs to become more
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`software driven and support advanced digital signal processing (DSP) needs.
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`19. By the late 1990s broadband networks such as those used for cable
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`television delivery had evolved to support Internet technologies and protocols. An
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`example is the Data-Over-Cable Service Interface Specification (DOCSIS), which
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`implements high performance bidirectional
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`Internet Protocol
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`(IP) data
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`communications. DOCSIS supports telephony and Video-On-Demand (VOD)
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`services. DOCSIS incorporates many of the same IP/Internet standards that are
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`16
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
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`relevant to the challenged ‘669 Patent, including a “sessions” based approach to
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`VOD services.
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`20.
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`In my consulting work, I have continued to work with technologies,
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`equipment and network infrastructures for content generation, distribution, and
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`consumption. My current work involves both traditional and newly developing
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`architectures and distribution channels. As an example of the latter, I am the chief
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`security systems architect on behalf of the five major Hollywood studios for their
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`“Digital Cinema Initiatives” (DCI) consortium. DCI has developed and evolved the
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`requirements and specifications for transitioning first-run theatrical movie releases
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`from film to digital files for distribution and exhibition display. I am responsible for
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`all elements of command and control and digital rights management (DRM) for the
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`digital cinema system design and implementation. I also represent DCI at the
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`Society of Motion Picture and Television Engineers (SMPTE), which has developed
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`and is continuing to develop a set of internationally recognized standards for global
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`adoption of digital cinema. The migration to all-digital distribution impacts other
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`content distribution channels, such as early window release for hospitality, airplane,
`
`and cable/satellite video-on-demand (VOD), as well as newer so called “over-the-
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`top” (OTT) distribution channels based on Internet distribution. I have also been a
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`strategy and technology consultant to content management and distribution entities
`
`in these areas.
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`
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`
`21.
`
`I am currently a member of
`
`the Society of Cable &
`
`Telecommunications Engineers (SCTE), the Society of Motion Picture and
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`Television Engineers (SMPTE) and the Institute of Electrical and Electronic
`
`Engineers (IEEE). I have previously been a member of the International
`
`Organization for Standardization (ISO), Motion Picture Experts Group (MPEG), the
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`Digital Video Broadcast (DVB) group, as Chief Technology Officer of TV/Com
`
`International I was a voting member of the Advanced Television Systems
`
`Committee (ATSC).
`
`22.
`
`I am an inventor on U.S. Patent No. 4,531,020, issued July 23, 1985,
`
`and entitled “Multi-layer Encryption System for the Broadcast of Encrypted
`
`Information” and U.S. Patent No. 5,113,440, issued May 12, 1992, and entitled
`
`“Universal Decoder.” I am an inventor on two patent applications: Application No.
`
`10/028,113, filed December 21, 2001 and entitled “Storage and Delivery of
`
`Electronic Media Content with Advertising” (abandoned); and Application No.
`
`63/091,518, filed October 14, 2020 and entitled “Remote Audience Participation at
`
`Live Events.” I have participated in U.S. patent prosecution, and have a general
`
`understanding of the process, and of the novelty and non-obviousness requirements
`
`for patentability.
`
`23.
`
`I believe that my extensive industry experience (including experience
`
`with the systems and equipment used in broadcast and interactive IP content delivery
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`
`
`18
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`ERICSSON EXHIBIT 1003, Page 18
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`Expert Declaration of Anthony Wechselberger
`IPR2022-00557 (U.S. Patent No. 9,667,669)
`
`networks, computerized industrial and consumer appliances such as STBs, and the
`
`associated command and control processes) and educational background qualify me
`
`as an expert in the relevant field of multimedia communications in digital television
`
`and Internet/IP broadband networks. I am also knowledgeable of the relevant skill
`
`set that would have been possessed by a hypothetical person of ordinary skill in the
`
`art as of January 2009 or October 2008. As of the claimed priority date listed on the
`
`face of the ’669 Patent, I was at least a person of ordinary skill in the art of the ’669
`
`Patent, and I had personal knowledge of the technologies involved in the ’669 Patent.
`
`This is also true as of the conception date that I understand KPN alleges in the co-
`
`pending litigation.
`
`24. As stated above, I have attached my curriculum vitae, which contains
`
`further details on my education, experience and other qualifications to render an
`
`expert option, as Appendix A to this Declaration.
`
`IV. LEGAL UNDERSTANDING
`A. My Understanding of Claim Construction
`25.
`I have been informed by counsel that a purpose of