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`Filed on behalf of The Walt Disney Company, Disney Streaming Services LLC,
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`and Hulu LLC.
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`By: Larissa S. Bifano, Reg. No. 59,051
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`Anand Mohan, Reg. No. 76,518
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`DLA Piper LLP (US)
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`33 Arch Street, 26th Floor
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`Boston, Massachusetts 02110-1447
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`Email: larissa.bifano@us.dlapiper.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`The Walt Disney Company, Disney Streaming Services LLC, and Hulu LLC,
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`Petitioner
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`Vv.
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`WAGAcquisition LLC,
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`Patent Owner
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`IPR2022-01227
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`DECLARATION OF HENRY HOUH,PH.D.
`DECLARATION OF HENRY HOUH, PH.D.
`REGARDING CLAIMS1-12
`REGARDING CLAIMS 1-12
`OF U.S. PATENT NO.9,762,636
`OF U.S. PATENT NO. 9,762,636
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`WEST\296650966.6
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`U.S. Patent No. 9,762,636
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`TABLE OF CONTENTS
`TABLE OF CONTENTS
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`I.
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`Il.
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`INTRODUCTION........ccccsccscssecsseescessessessecssesseecsesseeseecaeseeeeessessaeseesenesneeneegs 1
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`BACKGROUND AND QUALIFICATIONS.........cccccscsscssssssecsecsseeeessseseeees 1
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`TH. MATERIALS CONSIDERED........cccccccsscsssssscssesseceecesesseeeaessesseessesseeeneeees 15
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`TV.
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`LEGAL STANDARDS 1.0.0... ccececcescssesssesseeeecesessecaeeaecnsssneccessesseeseessesaeaes 17
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`V.
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`OVERVIEW OF THE 7636 PATENT...........:ccccsscesssssessesseeseesseseeeseceseenseens 20
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`A. Summary of the Alleged Invention ............ccccccssscsseccsseccsseecsecesaeecseeeeees21
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`B. Prosecution History............cccccccsssssssessssecsssecessecsseecsseessneecsseecsseessaeeeseeeeses27
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`C. Priority Date... ccccccsccsssessscesseccseessseecssecssesesseeecsseeseeesecsesssaeseaeseeeesesaes 28
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`VI.
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`LEVEL OF ORDINARYSKILL IN THE ART................ccssesseesseeeceeeeeeens 28
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`VII. CLAIM CONSTRUCTION.........ccccccsssscsseseesssesseseseseeeseceseseeesseseesaesseeeneens29
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`VII. SUMMARYOF OPINIONSG...........csccsscssssssessessecsseseeceeeseesseesaesneseeaesesseeseeees 30
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`A. Ground 1: Claims 1-12 are obvious over Carmel............cccseeceeeeeeseeeeeeees 30
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`1.
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`2.
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`3.
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`4.
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`5.
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`Overview Of Carmel............ccccsccssscssseessseseeceeeeseeeseeeseeeeneeseeeeeees 31
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`Independentclaims 1, 5, and 9 are obvious over Carmel........ 34
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`Claims 2, 6, and 10 are obvious over Carmel................c0cccc08 79
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`Claims 3, 7, and 11 are obvious over Carmel................c0c0008 81
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`Claims 4, 8, and 12 are obvious over Carmel................c00c008 82
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`B. Ground 2: Claims 1-12 are obvious over Carmel in view of Shteyn ......83
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`l.
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`Overview Of Shteyn ..........ccceccscessecssseecssecsseeecsseeesseessaeesseeesaes 83
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`2. Independent claims 1, 5, and 9 are obvious over Carmel in
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`VIEW Of SHCYM oo... cecccceseceseceseecssecceseeeseecsseeecesessaesceeeesaeeses 84
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`i
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`3. Claims 2, 6, and 10 are obvious over Carmel in view of
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`SHtCYN. eee ceeccessecesscesseeesseesseessseessaseeseeescaesssaeesseeeseesesseesees 105
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`4. Claims 3, 7, and 11 are obvious over Carmel...............ccccceeeeeeee 105
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`5. Claims 4, 8, and 12 are obvious over Carmel..............ccccceeeceeeeee 105
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`CONCLUSION... ccccccccccccccsceeeseececssescsssscessceeseseseeeceseeesessueesecaeseeeseeeeseeens 106
`IX.
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`ii
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`I, Henry Houh, Ph.D., declare as follows:
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`I.
`I.
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`INTRODUCTION
`INTRODUCTION
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`l.
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`My nameis Henry Houh,and I have been retained by counsel for The
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`Walt Disney Company, Disney Streaming Services LLC, and Hulu LLC
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`(collectively “Petitioner’”’) to analyze U.S. Patent No. 9,762,636 (“636 patent’’)
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`(EX1001) and to provide my opinions regarding the patentability of claims 1-12 of
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`the ’636 patent.
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`2.
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`I am being compensated at my normal consulting rate of $650 per
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`hour for my time. My compensationis not contingent on the outcomeofthis
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`proceeding, or of any proceedings relating to the ’636 patent.
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`Ii.
`II.
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`BACKGROUND AND QUALIFICATIONS
`BACKGROUND AND QUALIFICATIONS
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`3.
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`Myprofessional career has spanned more than 25 years. As set forth
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`in my curriculum vitae, a copy of whichis attachedto this report as Appendix A,
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`during these years I have gained extensive experience in web content delivery, web
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`site architectures, distributed network applications, data caching, multi-media
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`streaming, and networking and communication protocols.
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`4.
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`I was awarded a Ph.D. degree in Electrical Engineering and Computer
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`Science in February 1998 from Massachusetts Institute of Technology (MIT). I
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`also received a Master of Science (M.S.) in Electrical Engineering and Computer
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`Science (February 1991), a Bachelor of Science in Electrical Engineering and
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`Computer Science (June 1989) and a Bachelor of Science in Physics (February
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`1990) from MIT.
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`5.
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`I defended and submitted my Ph.D. thesis, titled “Designing Networks
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`for Tomorrow's Traffic” in January 1998. As part of my thesis research, I analyzed
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`local-area and wide-area data flows to show a moreefficient method for routing
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`content (including email, web pages, and streaming media such as voice and video)
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`in a network, based on traffic patterns at the time.
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`6.|Myresearch and work experience in multimedia content delivery over
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`the Internet, streaming media overthe Internet, networking, and network
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`architecture dates back to the popularization of the Webin the early 1990s and
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`coincides with whenI started my doctoral research at MIT. After returning full
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`time to MIT for graduate school after completing an internship at AT&T Bell
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`Laboratories, I workedas a research assistant in the Telemedia Network Systems
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`(TNS)group at the Laboratory for Computer Science at MIT. The TNSgroupbuilt
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`a high speed gigabit network and applications which ran overthe network, such as
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`remote video capture, processing, and display on computer terminals. I designed
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`the core networking hardware and software, including the high speed data links
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`and the device drivers for the network interface cards.
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`7.
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`My group's work focused on high speed networking andthe types of
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`applications that require increased network bandwidth and computing power,
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`including where more extensive processing occurred in the networkitself. One of
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`the applications I investigated waslive streaming video, and real-time processing
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`of such video. My work was focused aroundthe transport, switching, and routing
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`of data (including video streams), and the integration of TNS's network into the
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`computing environment, including the protocols, IP/ATM integration, operating
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`system software and device drivers. TNS created a computing environment where
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`it was possible to stream videolive, and also created software processing modules
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`to further process video to perform advanced functions such as green screening,
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`scene change detection, motion detection, compression, video blending and video
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`overlay, among the many features- all in real-time while displaying the processed
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`video live. While the Internet at the time did not have the capability for such
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`applications to be widely deployed, my group at TNS researched what would be
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`possible when the required network and computing power becameavailable. As
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`discussed above, my Ph.D. thesis work focused on studying the routing resources
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`required to route streams of video through the network, proposing several
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`alternative labeling strategies to speed up networkrouting. Part of what I proposed
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`was borne outlater in the form of Multiprotocol Label Switching (MPLS), which
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`is a methodof tagging packets at the edge of the network to enable moreefficient
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`routing inside the network.
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`8.
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`During the early part of my graduate studies, a time when there were
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`perhapsa hundredor so webservers in existence, I set up a web server on one of
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`our lab computers, and created content rich web pages for my research group and
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`my researchactivities. Eventually, I, together with others I was working with,
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`added live video demonstrations to TNS's web site. TNS's web site was one of the
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`first several hundred webservers to exist, and the first to offer live video
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`demonstrations initiated from the web site to computersutilizing the X-Windows
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`computer windowing system. In addition to TNS's live video demonstrations, TNS
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`offered live and pre-recorded video and computer-processed video demonstrations.
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`TNS's website was nominated for the Best of the Web 1994 Awardsin "Best
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`Entertainment Servers" and "Best Use of Multiple Media," and received an
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`honorable mention in the "Best Use of Multiple Media" category.
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`9.
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`TNS's website was amongthefirst, if not the first, to initiate a remote
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`video display using a web browser. Vice President Al Gore visited my group in
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`1996 and received a demonstration of - and remotely drove - a radio controlled toy
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`car with a wireless video camera mountedonit; the video was encoded by TNS-
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`designed hardware, streamed over the TNS-designed network, and displayed using
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`TNS-designed software. The demonstration showed the successful application of
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`live, interactive video streaming applications, and real-time remote control using
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`video streamed across a network.
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`10.
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`I co-authored numerouspapers aboutlive streaming video, one of
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`which was presentedat the very first World-Wide Webconference held in 1994 at
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`CERN in Geneva, Switzerland. CERN is the birthplace of the Web, and the
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`conference was chaired by Tim Berners-Lee, the inventor of the World-Wide Web.
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`Oneof the papers, "The Media Gateway: Live Video on the World Wide Web,"
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`was about TNS's web-based video demonstrations that I worked on. Other papers
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`aboutour live streaming video system include “ViewStation Applications:
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`Implications for Network Traffic,” “The VuNet Desk Area Network: Architecture,
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`Implementation, and Experience,” “Media-intensive data communications in a
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`‘desk-area' network,” “ViewStation Applications: Intelligent Video Processing
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`Over A Broadband Local Area Network,” and “Experience with the VuNet: A
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`Network Architecture for a Distributed Multimedia System.”
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`11.
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`I started a web consulting business in 1994 and won contracts to set up
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`and manage websites for various companies, including Bay Networks and Data
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`Communications Magazine. Our customers at the time were concerned about web
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`server load, and howto scale their web sites in case the load became unmanageable
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`for a single web server. My company investigated many methodsof load balancing
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`and distributing the load over multiple servers. My web companyalso created
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`software for staging updates to the web site and pushing approved changesinto
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`production through a system of multiple servers. As part of this start-up, I registered
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`various domain names for my companyand other organizations such as MIT's
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`World Wide Web consortium, (which was formed after Tim Berners-Lee left
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`CERN to come to MIT), and various other organizations with which I had a
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`volunteer advisory role. The World Wide Web Consortium to this day helps set
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`standards for the World Wide Web. Atthe time, commercial Domain Name
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`services did not exist. I also set-up, configured, and managed the domain name
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`servers for many of the domainsI registered, creating and managing the domain
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`namerecords for these domains by manually creating and editing DNSzonefiles.
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`12.
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`J authored or co-authored twelve papers and conference presentations
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`on my group's research at TNS. I also co-edited TNS's final report on its gigabit
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`networking research effort with Professor David Tennenhouse and Senior Research
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`Scientist David Clark, whois generally considered to be one of the fathers of the
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`Internet Protocol. I have also participated in various Internet Engineering Task
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`Force (IETF) working groups, and attended IETF meetings in the mid-to-late
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`1990's.
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`13. Asan undergraduate at MIT, I was a Laboratory Teaching Assistant,
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`head Laboratory Teaching Assistant, and Teaching Assistant. I was also a
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`Teaching Assistant and head Teaching Assistant when I was a graduate student
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`there. One class that I was a Teaching Assistant for was a Computer Architecture
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`course, which wasa requiredclass for all Electrical Engineering and Computer
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`Science majors. Among the concepts taught in this course was the concept of
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`caching, which is holding frequently-accessed memory values in faster memory
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`that was closer to the central processing unit (CPU), as well as concepts regarding
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`maintaining the coherence (synchronization) of a cache with the main memory
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`under various circumstances. Caching techniques mayalso be applied to the
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`Internet as well, and manyof the sameprinciples apply.
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`14.
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`Since the 1990s, as a researcher andpractitionerin the field of web
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`content delivery, I followed the development and studied the operation of content
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`delivery networks (CDNs). I have also provided technical consulting services in
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`networking, streaming media, mobile applications, and other areas, and some of
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`my clients’ applications utilize content delivery networks (CDNs). In servicing
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`these clients, I have studied CDNsin the context of applications such as video
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`streaming services for both live and pre-recorded video, involving how the back
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`end origin servers distribute content to the edge servers and whether the delivery
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`methods of CDNsare part of infringing systems.
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`15.
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`From 1997 to 1999, I was a Senior Scientist and Engineer at NBX
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`Corporation, a start-up that made business telephone systemsthat streamed
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`packetized audio over data networks instead of using traditional telephonelines.
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`NBXwaslater acquired by 3Com Corporation, and the telephone system isstill
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`available and being usedby tens of thousands of businesses or more. As part of my
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`work at NBX,I designed the core audio reconstruction algorithmsfor the
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`telephone systems, as well as the packet transmission algorithms.I also designed
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`and validated the core packet transport protocol used by the telephone system. The
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`protocol was used millions of times a day. Two of the company founders and I
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`were co-inventors on U.S. Patent No. 6,967,963 titled "Telecommunication method
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`for ensuring on-time delivery of packets containing time-sensitive data," that
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`covered some of the work I did at NBX.
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`16.
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`From 2001 to 2004, I was chief technologist for the Web Application
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`Test Group of Empirix. Empirix was a spin-out company of Teradyne, a company
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`known for making semiconductortesting equipment used by computer chip
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`manufacturers, and at the time I was there achieved over $1 billion in quarterly
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`bookings. The Teradyne founder and chairman, Alex d'Arbeloff, wanted to
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`improve formalized testing for telecommunications systems and information
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`systems. Mydivision provided software and services for testing websites.
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`Empirix's customers included many large companies with highly complex web
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`sites, such as Dell (a full e-commerce web site for configuring and ordering
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`computers) and H&R Block (a website for filing incometaxes). The software
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`emulated individual users exercising the complex features of a website, such as
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`filling out tax forms or configuring computers for purchase. The software could
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`also create the load of thousands or even hundreds of thousandsofusers hitting a
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`particular website at once, all using complex features (rather than just accessing
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`the home page). Because of the complex and highly varying web sites of Empirix's
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`customers, I had to understand manydifferent types of web site architectures, and
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`the various methodsof creating and delivering dynamic content from a website. I
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`wasthe architect for my division's next-generation web testing product, for which I
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`helped write a JavaScript interpreter that ran the code on a website similar to a
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`standard web browserso that the software could understand the dynamicaspects of
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`the code on a website.
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`17.
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`I worked at BBN Technologies from 2004 to 2009. BBN
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`Technologies, formerly known as Bolt, Beranek and Newman,wasa