IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`
`––––––––––
`
`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 GEORGE FOTI
`
`
`
`
`
`
`
`ERICSSON EXHIBIT 1014, Page 1
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`
`––––––––––
`
`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 GEORGE FOTI
`
`
`
`
`
`
`
`ERICSSON EXHIBIT 1014, Page 1
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`I, George Foti, do hereby make the following declaration pursuant to
`
`
`
`28 U.S.C. § 1746:
`
`1.
`
`I am making this declaration at the request of Ericsson Inc. (“Ericsson”
`
`or “Petitioner”).
`
`2.
`
`I am a Core Network System Expert at Ericsson Canada, in Montreal,
`
`Canada. I have been employed in this capacity since 1994. Prior to that, I was a
`
`System Architect at Teleglobe Canada from 1981 to 1994. I hold an undergraduate
`
`degree in Electrical Engineering from Cairo University, a Master of Engineering in
`
`Computer Communication from Concordia University, and a Master of Business
`
`Administration in Finance from Concordia University.
`
`3.
`
`In my capacity as a Core Network System Expert at Ericsson Canada,
`
`I have researched, and contributed to designing, a variety of network optimization
`
`architectures and approaches for network data management. These have involved
`
`architectures ranging from a single domain to spanning across multiple domains. In
`
`the course of my research and design, I have had occasion to come across multiple
`
`different fundamental technologies, additions to those technologies, and alternative
`
`technologies.
`
`4.
`
`One technology that was well-known and publicly discussed by persons
`
`of ordinary skill in the art (including myself) in the time frame of 2002-2006 was
`
`Internet Protocol Television (IPTV). During this time period, work was begun
`
`ERICSSON EXHIBIT 1014, Page 2
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`within the Telecoms & Internet Converged Services & Protocols for Advanced
`
`Networks (TISPAN) standardization body of European Telecommunications
`
`Standards Institute (ETSI) to develop a standard framework for IPTV. In 2005,
`
`ETSI TISPAN adopted the 3GPP IP Multimedia Subsystem (IMS) for SIP-based
`
`IPTV applications. As I explain in EX1006 (which is a patent publication in which
`
`I am the named inventor), IMS “provides a common, standardized architecture for
`
`providing IP services to mobile subscribers.” [0002]. And, “IMS uses the Session
`
`Initiation Protocol (SIP) as the service control protocol, and thus, allows network
`
`operators to offer a wide array of applications and services to their subscribers,”
`
`including IPTV. Id.
`
`5.
`
`I was personally involved in ETSI TISPAN’s effort to standardize
`
`IPTV technology from 2002-2009. During my work within ETSI TISPAN, as well
`
`as my work developing the concepts described in EX1006, I familiarized myself
`
`with protocols promulgated by the Internet Engineering Task Force (IETF),
`
`including the Session Initiated Protocol (SIP), Session Description Protocol (SDP),
`
`and Real-Time Streaming Protocol (RTSP). Copies of these protocols are attached
`
`to my declaration as EX1007, EX1008, and EX1009.
`
`6.
`
`EX1006 describes an application of these protocols in the context of
`
`IPTV systems that include “methods of managing media sessions.” See EX1006,
`
`¶[0001]. For example, EX1006 explains that “[t]o receive IPTV, a User Terminal
`
`ERICSSON EXHIBIT 1014, Page 3
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`(UT), such a Set Top Box (STB) employs SIP to establish a Real Time Streaming
`
`Protocol (RTSP) session.” Id., ¶[0004]. “The present invention links a real-time
`
`streaming protocol (RTSP) media session that streams media content to a User
`
`Terminal (UT) to a Session Initiation Protocol (SIP) session used to set up the RTSP
`
`session.” Id., ¶[0005]. EX1006 also discloses the use of SDP. Id., ¶[0031] (stating
`
`that the “200 OK message . . . may be a Session Description Protocol (SDP) message
`
`that contains information relevant to the RTSP message being established.”).
`
`7.
`
`EX1007 (SIP), EX1008 (SDP), and EX1009 (RTSP) are documents
`
`published by the IETF as RFCs (Requests for Comment) and that provide the
`
`implementation details, respectively, for SIP, SDP, and RTSP. Generally, the IETF
`
`was, and still is, “open to any interested individual” interested in the “evolution of
`
`the Internet architecture and the smooth operation of the Internet.” See, e.g.,
`
`“Overview of the IETF,” p. 1 (dated May 20, 2000), attached to this declaration as
`
`exhibit EX1012. The IETF divided topics of discussion into “working groups,”
`
`which address the actual technical work of accomplishing goals such as the “creation
`
`of an Information document, the creation of a protocol specification, or the
`
`resolution of problems in the Internet.” See, e.g., “The Tao of IETF – A Guide for
`
`New Attendees of the Internet Engineering Task Force,” p. 2, (dated May 19, 2000),
`
`attached to this declaration as exhibit EX1013. The IETF is open to the public and
`
`does not have a membership requirement; rather, anyone may register and attend any
`
`ERICSSON EXHIBIT 1014, Page 4
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`meeting, whether participation in a mailing list or a physical meeting. See id.
`
`Moreover, IETF materials such as RFCs are and have been available on the Internet
`
`and easily retrieved utilizing common search terms relevant to the RFCs. I was
`
`personally able to locate and use these RFCs during my work prior to January 19,
`
`2009 easily using search terms typed into one of the then-available Internet search
`
`engines.
`
`8.
`
`EX1007 is an example of a publicly available IETF RFC, which
`
`discloses the Session Initiation Protocol (SIP). EX1007 appears to be a true and
`
`correct printout of the RFC 3261 document that was publicly available by June 2002.
`
`Before January 19, 2009, EX1007 was made available online such that a person
`
`interested in and ordinarily skilled in the subject matter of SIP could have located
`
`EX1007 through the exercise of ordinary diligence (e.g., through an Internet search
`
`engine using appropriate search terms). During my work on ETSI TISPAN and prior
`
`to January 19, 2009, I was able to easily locate this reference utilizing a search with
`
`a search engine with terms including “RFC” and “SIP.” This RFC was published as
`
`of June 2002, and was a publication that persons of ordinary skill in the art, including
`
`myself, reasonably relied upon in the 2002-2006 time frame for the detailed
`
`implementation requirements for using the SIP protocol to establish, modify, and
`
`terminate sessions on the Internet, including but not limited to the required and
`
`optional fields for various SIP messages including for example the SIP INVITE, SIP
`
`ERICSSON EXHIBIT 1014, Page 5
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`200 OK, SIP re-INVITE, and SIP BYE messages. This document was freely
`
`available to the public as of the date of the publication and after, and as noted by the
`
`document itself, “[d]istribution of this memo is unlimited.” EX1007, at 1.
`
`9.
`
`EX1008 is an example of a publicly available IETF RFC, which
`
`discloses the Session Description Protocol (SDP). EX1008 appears to be a true and
`
`correct printout of the RFC 4566 document that was publicly available by July 2006.
`
`Before January 19, 2009, EX1008 was made available online such that a person
`
`interested in and ordinarily skilled in the subject matter of SDP could have located
`
`EX1008 through the exercise of ordinary diligence (e.g., through an Internet search
`
`engine using appropriate search terms). During my work on ETSI TISPAN and prior
`
`to January 19, 2009, I was able to easily locate this reference utilizing a search with
`
`a search engine with terms including “RFC” and “SDP.” This RFC was published
`
`as of July 2006, and was a publication that persons of ordinary skill in the art,
`
`including myself, reasonably relied upon in the July 2006 time frame and later for
`
`the detailed implementation requirements for using SDP to describe the media
`
`sessions being established using SIP. This document was freely available to the
`
`public as of the date of the publication and after, and as noted by the document itself,
`
`“[d]istribution of this memo is unlimited.” EX1008, at 1.
`
`10.
`
`EX1009 is an example of a publicly available IETF RFC, which
`
`discloses the Real-Time Streaming Protocol (RTSP). EX1009 appears to be a true
`
`ERICSSON EXHIBIT 1014, Page 6
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`and correct printout of the RFC 2326 document that was publicly available by April
`
`1998. Before January 19, 2009, EX1009 was made available online such that a
`
`person interested in and ordinarily skilled in the subject matter of RTSP could have
`
`located EX1009 through the exercise of ordinary diligence (e.g., through an Internet
`
`search engine using appropriate search terms). During my work on ETSI TISPAN
`
`and prior to January 19, 2009, I was able to easily locate this reference utilizing a
`
`search with a search engine with terms including “RFC” and “RTSP.” This RFC
`
`was published as of April 1998, and was a publication that persons of ordinary skill
`
`in the art, including myself, reasonably relied upon in the 2002-2006 time frame for
`
`the detailed implementation requirements for using RTSP to establish and control
`
`the playback of media sessions. This document was freely available to the public as
`
`of the date of the publication and after, and as noted by the document itself,
`
`“[d]istribution of this memo is unlimited.” EX1009, at 1.
`
`11.
`
`I declare that all statements made herein on my own knowledge are true
`
`and that all statements made on information and belief are believed to be true, and
`
`further, that these statements were made with the knowledge that willful false
`
`statements and the link so made are punishable by fine or imprisonment, or both,
`
`under Section 1001 or Title 18 of the United States Code.
`
`
`
`
`
`
`
`ERICSSON EXHIBIT 1014, Page 7
`
`
`
`IPR2022-00557
`U.S. Patent No. 9,667,669
`
`Executed on February _i_, 2022
`
`7 ~
`George Foti
`
`ERICSSON EXHIBIT 1014, Page 8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
