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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`GOOGLE LLC,
`Petitioner,
`
`v.
`
`VALTRUS INNOVATIONS LTD.,
`Patent Owner.
`________________
`
`Case No. TBD
`Patent No. 7,748,005
`________________
`
`
`DECLARATION OF VIJAY K. MADISETTI, Ph.D.
`IN SUPPORT OF PETITION FOR INTER PARTES
`REVIEW OF U.S. PATENT NO. 7,748,005
`
`
`
`
`Google Exhibit 1003
`Google v. Valtrus
`
`
`
`
`
`

`

`TABLE OF CONTENTS
`
`
`I.
`
`INTRODUCTION ............................................................................................. 1
`A. Engagement ................................................................................................. 1
`B. Background and Qualifications ................................................................... 2
`C. Bases of My Opinions and Materials Considered .....................................14
`D. MY UNDERSTANDING OF PATENT LAW .........................................15
`1. Anticipation .........................................................................................17
`2. Obviousness .........................................................................................18
`3. Claim Interpretation ............................................................................24
`II. DESCRIPTION OF THE RELEVANT FIELD AND THE RELEVANT
`TIME FRAME .................................................................................................26
`A. Summary of ’005 patent priority chain and filing dates............................26
`B. This Declaration evaluates patentability from the earliest listed
`filing date of January 28, 2000. .................................................................28
`C. Relevant field .............................................................................................28
`III. PERSON HAVING ORDINARY SKILL IN THE ART ...............................29
`IV. THE ’005 PATENT .........................................................................................32
`A. ’005 Patent Specification ...........................................................................32
`B. Challenged Claims .....................................................................................34
`C. Prosecution history ....................................................................................35
`V. THE CHALLENGED CLAIMS ARE UNPATENTABLE WHEN
`COMPARED TO THE PRIOR ART IDENTIFIED IN THE PETITION. .....38
`VI. GROUND 1: JONES+AGRAWAL RENDERS OBVIOUS CLAIMS 1 &
`8........................................................................................................................39
`A. References. ................................................................................................39
`1. Jones. ...................................................................................................39
`2. Agrawal. ..............................................................................................54
`3. Jones+Agrawal. ...................................................................................61
`B. Jones+Agrawal Renders Obvious Claim 8 ................................................77
`
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`1. [8.p]: A method, comprising ...............................................................77
`2. [8.a]: creating a plurality of computing domains; ...............................77
`3. [8.b]: allocating a plurality of resources between said plurality
`of computing domains by a first manager process; .............................80
`4. [8.c]: executing at least one application, a second manager
`process, and a performance monitor process in each of said
`plurality of computing domains, .........................................................85
`5. [8.d]: wherein said second manager process maintains a list
`comprising a plurality of application priority levels for said at
`least one application and an indication of a quantity of said
`plurality of resources needed to meet said at least one level of
`said application priority levels and......................................................91
`6. [8.e]: wherein said performance monitor process generates
`performance data related to said at least one application and ...........103
`7. [8.f]: said second manager process requests additional resources
`from the first manager process in response to analysis of said
`performance data in view of at least one service level
`parameter; and ...................................................................................103
`8. [8.g]: dynamically reallocating said plurality of resources
`between said plurality of computing domains by the first
`manager process in response to received requests for additional
`resources according to service level parameters. ..............................108
`C. Jones+Agrawal Renders Claim 1 Obvious. .............................................109
`1. [1.p]: A computing system, comprising: ...........................................109
`2. [1.a]: a plurality of resources; ...........................................................110
`3. [1.b]: a computer readable storage medium having instructions
`stored therein for executing a first manager process for
`allocating said plurality of resources to a plurality of computing
`domains on a dynamic basis according to service level
`parameters; and ..................................................................................110
`4. [1.c]: at least one application, a respective second manager
`process, and a respective performance monitor process are
`executed within each computing domain, .........................................111
`5. [1.d]: wherein said respective second manager process
`maintains a list comprising a plurality of application priority
`
`ii
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`

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`levels for said at least one application and an indication of a
`quantity of said plurality of resources needed to meet said at
`least one level of said plurality of application priority levels and ....112
`6. [1.e]: wherein said performance monitor generates performance
`data related to the execution of said at least one application and .....112
`7. [1.f]: said second manager process requests additional resources
`from said first manager process in response to analysis of
`performance data in view of at least one service level
`parameter. ..........................................................................................112
`VII. GROUND 2: JONES+AGRAWAL+GIEN RENDERS OBVIOUS
`CLAIMS 1-20. ...............................................................................................113
`A. virtual machines .......................................................................................113
`B. Jones+Agrawal+Gien. .............................................................................120
`1. Gien. ..................................................................................................120
`2. Reasons To Combine Jones+Agrawal+Gien. ...................................126
`3. Reasonable expectation of success. ...................................................143
`4. Resulting Jones+Agrawal+Gien Combination ..................................151
`C. Method Claims 8-14. ...............................................................................154
`1. Claim 8. .............................................................................................154
`2. Claim 9: The method of claim 8 wherein said creating a
`plurality of computing domains comprises: creating multiple
`virtual machines from a single server platform using a
`virtualization software layer. .............................................................157
`3. Claim 10: The method of claim 9 wherein said virtualization
`software layer is implemented within a host operating system of
`said single server platform. ...............................................................159
`4. Claim 11: The method of claim 10 wherein said dynamically
`reallocating is performed by a process executing on top of said
`host operating system. .......................................................................159
`5. Claim 12: The method of claim 10 further comprising:
`executing a respective guest operating system on top of said
`host operating system for each of said multiple virtual
`machines. ...........................................................................................161
`
`iii
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`

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`6. Claim 13: The method of claim 10 wherein said dynamically
`reallocating comprises: performing system calls to said host
`operating system to reassign virtual resources. .................................161
`7. Claim 14: The method of claim 10 wherein said performing
`system calls reassigns time slices associated with at least one
`processor. ...........................................................................................165
`D. System Claims 1-7. ..................................................................................171
`1. Claim 1. .............................................................................................171
`2. Claim 2: The computing system of claim 1 wherein said
`plurality of computing domains are virtual machines. ......................174
`3. Claim 3: The computing system of claim 2 wherein said first
`manager process operates on a host operating system of said
`computing system. .............................................................................174
`4. Claim 4: The computing system of claim 3 wherein a respective
`operating system executes on top of said host operating system
`for each of said plurality of computing domains. .............................175
`5. Claim 5: The computing system of claim 3 wherein said first
`manager process allocates said plurality of resources between
`said plurality of computing domains by assigning virtual
`resources to said plurality of computing domains through
`system calls to a kernel of said host operating system. .....................175
`6. Claim 6: The computing system of claim 1 wherein said
`plurality of resources comprise at least one processor. .....................176
`7. Claim 7: The computing system of claim 6 wherein said first
`manager allocates time slices of said at least one processor
`between multiple computing domains of said plurality of
`computing domains. ..........................................................................177
`E. CRM Claims 15-20. .................................................................................178
`1. Computer Readable Storage Medium ...............................................178
`2. Claim 15 ............................................................................................178
`3. Claim 16: The computer readable storage medium of claim 15,
`wherein said plurality of computing domains are virtual
`machines. ...........................................................................................182
`4. Claim 17: The computer readable storage medium of claim 16
`wherein said code for dynamically allocating performs calls to a
`
`iv
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`software virtualization layer to reassign resources between said
`plurality of computing domains. .......................................................182
`5. Claim 18: The computer readable storage medium of claim 16
`wherein said code for dynamically allocating performs system
`calls to a host operating system to reassign resources between
`said plurality of computing domains. ................................................183
`6. Claim 19: The computer readable storage medium of claim 15
`wherein said resources comprise processors. ....................................183
`7. Claim 20: The computer readable storage medium of claim 19
`wherein said code for dynamically allocating reassigns time
`slices of said processors between said plurality of computing
`domains. ............................................................................................184
`VIII. CONCLUSION ..............................................................................................184
`APPENDIX A: MATERIALS CONSIDERED ....................................................186
`
`
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`v
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`I, Vijay K. Madisetti, declare:
`
`I.
`
`INTRODUCTION
`A. Engagement
`I have been retained on behalf of Google LLC (“Google” or the
`1.
`
`“Petitioner”) as an independent technical expert in the above-captioned IPR
`
`proceeding (“the IPR”). This document provides certain of my opinions
`
`concerning the patentability of all claims in U.S. Patent No. 7,748,005 (Ex.1001,
`
`“the ’005 patent”), specifically claims 1-20 (the “Challenged Claims”). I make this
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`Declaration in support of Google’s petition in the IPR.
`
`2.
`
`For my work as an expert in this matter, I am being compensated for
`
`my services at my standard rate, plus actual expenses. My hourly compensation is
`
`based solely on the amount of time that I devote to activity related to this case and
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`is in no way contingent on the nature of my findings, the presentation of my
`
`findings in testimony, or the outcome of this or any other proceeding. I have no
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`other personal or financial stake or interest in the outcome of the present
`
`proceeding. I do not have any expectation or promise of additional business with
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`the Petitioner in exchange for the positions explained herein.
`
`3.
`
`I make this Declaration based on my personal knowledge, including
`
`my education, training, research, and professional experience.
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`Background and Qualifications
`B.
`4. My curriculum vitae (“CV”) detailing my educational background,
`
`professional experience, and list of publications is provided as Exhibit 1004. Some
`
`of my background and experience that qualifies me to offer the opinions in this
`
`Declaration as an expert in the technical issues in this case are as follows.
`
`5.
`
`I have over thirty years of experience as an electrical and computer
`
`engineer in industry, education, and consulting.
`
`6.
`
`I am a Professor in the Schools of Electrical & Computer Engineering
`
`and Cybersecurity & Privacy at the Georgia Institute of Technology (Georgia
`
`Tech). I have worked extensively in the field of digital communications and have
`
`studied telecommunications and systems engineering since 1981. I also have over
`
`20 years of industry experience in computer engineering, distributed computer
`
`systems, networking, software engineering, signal processing, and
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`telecommunications, including wireless communications and signal processing.
`
`Throughout this time, I have designed, implemented, and tested various products in
`
`the fields of electronics, computer engineering, and communications.
`
`7.
`
`In 1984, I received a Bachelor of Technology in Electronics and
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`Electrical Communications Engineering from the Indian Institute of Technology
`
`(IIT). In 1989, I received my Ph.D. in Electrical Engineering and Computer
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`Sciences (EECS) from the University of California, Berkeley. That year, I also
`
`received the Demetri Angelakos Outstanding Graduate Student Award from the
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`University of California, Berkeley, and the IEEE/ACM Ira M. Kay Memorial
`
`Paper Prize.
`
`8.
`
`In 1989, I also joined the faculty of Georgia Tech. I began working at
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`Georgia Tech as an assistant professor, became an associate professor in 1995, and
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`have held my current position since 1998. As a member of the faculty at Georgia
`
`Tech, I have been active in, among other technologies, cloud computing,
`
`distributed computing, image and video processing, computer engineering,
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`embedded systems, chip design, software systems, wireless networks and cellular
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`communications.
`
`9.
`
`I have been involved in research and technology in the area of
`
`computing and digital signal processing since the late 1980s, and I am the Editor-
`
`in-Chief the IEEE Press/CRC Press’s 3-volume Digital Signal Processing
`
`Handbook (Editions 1 & 2) (1998, 2010).
`
`10. Over the past three decades, I studied, used, and designed hardware
`
`and software systems and infrastructure that enable various aspects of distributed
`
`computing, ranging from parallel processing for scientific computation to
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`implementation of various tracking and management applications including fleet
`
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`tracking and management, intelligent transportation system management to name a
`
`few. Prior to or around the timeframe of the filing the ’005 patent, some of my
`
`significant work in the area of distributed computing include the following:
`
`11. For example, I developed and presented on a novel cloud based IT
`
`framework, CloudTrack, for distributed data driven intelligent transportation
`
`systems. I describe how the proposed framework can be leveraged for real-time
`
`fresh food supply tracking and monitoring. CloudTrack allows efficient storage,
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`processing and analysis of real-time location and sensor data collected from fresh
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`food supply vehicles. This paper describes the architecture, design, and
`
`implementation of CloudTrack, and how the pro- posed cloud-based IT framework
`
`leverages the parallel and distributed computing capability of a computing cloud
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`based on a large-scale distributed batch processing infrastructure. A dynamic
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`vehicle routing approach is adopted where the alerts trigger the generation of new
`
`routes. CloudTrack provides the global information of the entire fleet of food
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`supply vehicles and can be used to track and monitor a large number of vehicles in
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`real-time. Our approach leverages the advantages of the IT capabilities of a
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`computing cloud into the operations and supply chain.
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`
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`12. Further, I developed a fleet management application with
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`heterogeneity of devices and data, database synchronization, group transactions,
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`peer-to-peer computing, and mobility support. This involved simulating a delivery
`
`service's fleet of trucks with PCs and hand-held devices, and describing how the
`
`system works together. To send messages between devices, the Simple Object
`
`Access Protocol (SOAP) was used, allowing heterogeneous devices to
`
`communicate as peers. The ad-hoc nature of the solutions based on the existing
`
`technologies has led to designing a comprehensive middleware, namely, System on
`
`Devices (SyD). SyD enables rapid development of collaborative applications, such
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`as a fleet system, over heterogeneous, independent, data stores, devices, and wired
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`and wireless networks, including those involving the web services.
`
`
`
`13. Additionally, I developed a collaborative application running on a
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`collection of heterogeneous, possibly mobile, devices, each potentially hosting data
`
`stores. Using existing middleware technologies such as JXTA, BREW,
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`compact .NET and J2ME requires too many ad-hoc techniques as well as
`
`cumbersome and time-consuming programming. Our System on Mobile Devices
`
`(SyD) middleware, on the other hand, has a modular architecture that makes such
`
`application development very systematic and streamlined. The architecture
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`supports transactions over mobile data stores, with a range of remote group
`
`invocation options and embedded interdependencies among such data store
`
`objects. The architecture further provides a persistent uniform object view, group
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`transaction with Quality of Service (QoS) specifications, and XML vocabulary for
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`interdevice communication. SyD is the first comprehensive working prototype of
`
`its kind, with a small code footprint of 112 KB with 76 KB being device-resident,
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`and has a good potential for incorporating many ideas for performance extensions,
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`scalability, QoS, workflows and security.
`
`14.
`
`I also have significant experience in designing and implementing
`
`electronic equipment using various source code languages, including C, assembly
`
`code, VHDL, and Verilog. In 2000, I published a book entitled “VHDL:
`
`Electronics Systems Design Methodologies.” In 1997, I was awarded the VHDL
`
`International Best PhD Dissertation Advisor for my contributions in the area of
`
`rapid prototyping.
`
`15.
`
`I have designed and implemented multiple processor computing
`
`systems that perform multimedia tasks (e.g., speech and audio recognition) and
`
`also avionics/embedded guidance systems since the mid-1990s, and I have also
`
`implemented real-time operating systems in the same time frame. Representative
`
`publications of my work in these areas include, The Georgia Tech Digital Signal
`
`Multiprocessor (DSMP), IEEE Transactions on Signal Processing, Vol. 41, Issue
`
`7, 1993, and “Task Scheduling on the Georgia Tech Digital Signal
`
`Multiprocessor”, Proc. IEEE ICASSP 1992. More recent work that is related to
`
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`multimedia processing on multiprocessor systems can be found in “A Dynamic
`
`Resource Management and Scheduling Environment for Embedded Multimedia
`
`and Communications Platforms”, IEEE Embedded Systems Letters, Vol. 3, Issue
`
`1, 2011. Three generations of Digital Signal Multiprocessors (DSMP’s) (listed in
`
`the table below) were designed at Georgia Tech as part of my research and
`
`education efforts. Technologies including multiprocessor systems, task scheduling,
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`distributed computing, and resource management are fundamental to cloud
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`computing infrastructure.
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`- 8 -
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`16.
`
`In collaboration with the US Air Force, Lockheed Martin, and Hughes
`
`Corporation, I designed and implemented a 192-processor multiprocessor system
`
`for processing real-time avionics data (infrared search and track applications –
`
`IRST), and this represented one of the largest multiprocessor systems used in the
`
`mid-1990s timeframe on aircraft. See my publications, “Virtual Prototyping of
`
`Embedded Microcontroller-Based DSP Systems”, IEEE Micro, 1995, and also
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`“VHDL Token-Based Performance Modeling for 2D and 3D Infrared Search and
`
`Track”, Proc. SPIE VIUF, 1998.
`
`
`17. Since 1995, I have authored, co-authored, or edited several books in
`
`the areas of communications, signal processing, chip design, software engineering,
`
`and cloud-based computing including VLSI Digital Signal Processors (1995),
`
`
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`- 9 -
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`Quick-Turnaround ASIC Design in VHDL (1996), The Digital Signal Processing
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`Handbook (1997 & 2010), Cloud Computing: A Hands-On Approach (2013),
`
`Internet of Things: A Hands-On Approach (2014), Big Data Science & Analytics
`
`(2016).
`
`18.
`
`I have authored several published articles related to operating system
`
`design, performance optimization, and virtualization, including:
`
`•
`
`V. K. Madisetti and T. W. Egolf, “Virtual prototyping of embedded
`
`microcontroller-based DSP systems,” IEEE Micro, vol. 15, no. 5, pp. 9-21,
`
`Oct. 1995.
`
`•
`
`V.K. Madisetti, D.A. Hardaker, and R.J. Fujimoto, “The MIMDEX
`
`Environment for Parallel Simulation,” Journal of Parallel and Distributed
`
`Computing, vol. 18, no. 4, pp. 473-483, Aug. 1993.
`
`•
`
`P. Kuacharoen, T. Akgul, V. J. Mooney and V. K. Madisetti,
`
`“Adaptability, extensibility and flexibility in real-time operating systems,”
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`Proceedings Euromicro Symposium on Digital Systems Design, pp. 400-405,
`
`2001.
`
`•
`
`T. Akgul, P. Kuacharoen, V.J. Mooney, and V.K. Madisetti, “A
`
`debugger RTOS for embedded systems,” Proceedings 27th EUROMICRO
`
`Conference. 2001: A Net Odyssey, pp. 264-269, 2001.
`
`- 10 -
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`•
`
`V. K. Madisetti. “System-Level Synthesis and Simulation in VHDL –
`
`A Taxonomy and Proposal Towards Standardization.” VHDL International
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`Users Forum, Spring 1995 Proceedings, pp. 8.1-8.14, 1995.
`
`•
`
`S. Famorzadeh, V. Madisetti, T. Egolf and T. Nguyen, “BEEHIVE: an
`
`adaptive, distributed, embedded signal processing environment,” 1997 IEEE
`
`International Conference on Acoustics, Speech, and Signal Processing, vol.
`
`1, pp. 663-666, 1997.
`
`19. As part of the BEEHIVE project in the mid to late 1990s at Georgia
`
`Tech, I collaborated with the US Army Research Laboratories and Lockheed
`
`Martin to develop a distributed computing environment for signal processing that
`
`distributed virtual machines on servers distributed at multiple geographical sites,
`
`that collaboratively executed sophisticated processing of sensor data. A common
`
`operating environment (COE) kept track of performance and resource consumption
`
`and adaptively managed resources and performance.
`
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`20. A brokered computation model allowed optimization of performance
`
`and resource usage as shown below.
`
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`
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`21.
`
`I have authored over 100 articles, reports, and other publications
`
`pertaining to electrical engineering, and in the areas of computer engineering,
`
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`communications signal processing, and communications. All of my publications,
`
`including the ones identified above, are set forth in my attached CV. I have also
`
`authored several books in cloud computing, virtualization, data analytics and IoT.
`
`22.
`
`In addition to co-authoring a book on cloud computing, I authored
`
`several publications on cloud computing, I am also the first inventor on over 30
`
`issued US patents and have several other pending applications in the area of cloud
`
`computing, blockchain and distributed computing.
`
`23.
`
`I have been elected a Fellow of the Institute of Electrical and
`
`Electronics Engineers (“IEEE”) in recognition of my contributions to embedded
`
`computing systems. The IEEE is a worldwide professional body consisting of more
`
`than 300,000 electrical and electronic engineers. Fellow is the highest grade of
`
`membership of the IEEE, with only one-tenth of one percent of the IEEE
`
`membership being elected to the Fellow grade each year.
`
`24.
`
`In 2006, I was awarded the Frederick Emmons Terman Medal from
`
`the American Society of Engineering Education (ASEE) and HP Corporation for
`
`my contribution to electrical engineering while under the age of 45.
`
`C. Bases of My Opinions and Materials Considered
`I have reviewed the ’005 patent, its prosecution history, and the prior
`25.
`
`art and other documents and materials cited herein. For ease of reference, the full
`
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`list of documents that I have considered is included in Appendix A. I have also
`
`considered the documents cited and referenced herein, even if not included in
`
`Appendix A. Each of these materials is a type of document that experts in my field
`
`would have reasonably relied upon when forming their opinions and would have
`
`had access to either through the applicable patent office and/or well-known
`
`libraries, conferences, publications, organizations, and websites in the field as
`
`further discussed herein.
`
`26. My opinions in this Declaration are based on my review of these
`
`documents, as well as upon my education, training, research, knowledge, and
`
`experience. When developing the opinions set forth in this declaration, I assumed
`
`the perspective of a person having ordinary skill in the art, as set forth in Section
`
`III below.
`
`27. The opinions and comments formulated during this assessment are
`
`based on observations and information available at the time of this investigation.
`
`D. MY UNDERSTANDING OF PATENT LAW
`In developing my opinions, I discussed various relevant legal
`28.
`
`principles with Petitioner’s attorneys. I have relied upon such legal principles, as
`
`explained to me, while forming the opinions set forth in this declaration. My
`
`understanding in this respect is as follows:
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`29.
`
`I understand that “inter partes review” (IPR) is a proceeding before
`
`the United States Patent & Trademark Office for evaluating the patentability of an
`
`issued patent’s claims based on prior-art patents and printed publications.
`
`30.
`
`I understand that, in this proceeding, Petitioner has the burden of
`
`proving that the challenged claims of the ’005 patent are unpatentable by a
`
`preponderance of the evidence. I understand that a “preponderance of the
`
`evidence” means that the evidence establishes that a fact or conclusion is more
`
`likely true than not true.
`
`31.
`
`I understand that patent claims can be independent or dependent. I
`
`understand that a dependent claim must reference a claim previously set forth, and
`
`then must specify a further limitation of the claimed subject matter. I also
`
`understand that a dependent claim is treated as incorporating by reference all
`
`limitations of the previously recited claim that it references. I understand than an
`
`independent claim does not reference or incorporate limitations from a previously
`
`disclosed claim.
`
`32.
`
`I understand that, in IPR proceedings, claim terms in a patent are
`
`given their ordinary and customary meaning as understood by a person of ordinary
`
`skill in the art (“POSA”) in the context of the entire patent and the prosecution
`
`history pertaining to the patent. If the specification provides a special definition
`
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`for a claim term that differs from the meaning the term would otherwise possess,
`
`the specification’s special definition takes precedence. I have applied these
`
`standards in preparing the opinions in this declaration.
`
`33.
`
`I understand that for an invention claimed in a patent to be patentable,
`
`it must be, among other things, new (and consequently not anticipated) and not
`
`obvious from the prior art. My understanding of these two legal standards is set
`
`forth below.
`
`Anticipation
`1.
`I understand that, for a patent claim to be “anticipated” by the prior art
`
`34.
`
`(and therefore not novel), each and every claim limitation must be disclosed,
`
`expressly or inherently, in the subject matter provided by a single prior-art
`
`reference. I understand that anticipation requires that all of the elements of a claim
`
`have to be arranged in the same manner as in the claims or can be immediately
`
`envisaged. I understand that a claim limitation is disclosed for the purpose of
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`anticipation if a POSA would have understood the reference to disclose the
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`limitation based on inferences that a POSA would reasonably be expected to draw
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`from the explicit teachings in the reference when read in the context provided by
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`the POSA’s knowledge and experience.
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`35.
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`I understand that a claim limitation is inherent in a prior art reference
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`if that limitation is necessarily present when practicing the teachings of the
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`reference, regardless of whether a POSA recognized the presence of that limitation
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`in the prior art.
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`2. Obviousness
`I understand that a patent claim may be unpatentable if it would have
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`36.
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`been obvious to a POSA in view of a single prior-art reference or a combination of
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`prior-art references. I have been informed that obviousness is determined from the
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`perspective of a hypothetical person of ordinary skill in the art and that the asserted
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`claims of the patent should be read from the point of view of such a person at the
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`time the alleged invention was made. I have been informed that a hypothetical
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`person of ordinary skill in the art is assumed to know and to have all relevant prior
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`art in the field of endeavor covered by the ’005 patent and would thus have been
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`familiar with each of the references cited herein, as well as the background
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`knowledge in the art discussed and the full range of teachings they contain.
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`37.
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`I have been informed that there are two criteria for determining
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`whether prior art is analogous and thus can be considered prior art: (1) whether the
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`art is from the same field of endeavor, regardless of the problem addressed, and (2)
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`if the reference is not within the field of the patentee’s endeavor, whether the
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`reference still is reasonably pertinent to the particular problem with which the
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`patentee is involved. I have also been informed that the field of endeavor of a
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`patent is not limited to the specific point of novelty, the narrowest possible
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`conception of the field, or the particular focus within a given field. I have also been
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`informed that a reference is reasonably pertinent if, even though it may be in a
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`different field from that of the patentee’s endeavor, it is one which, because of the
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`matter with which it deals, logically would have commended itself to a patentee’s
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`attention in considering his problem.
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`38.
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`I understand that a patent claim is obvious if the differences between
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`the subject matter of the claim and the prior art are such that the claimed subject
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`matter, as a whole, would have been obvious to a POSA at the time the invention
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`was made. I have been informed as well that a prior art reference should be
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`viewed as a whole. Specifically, I understand that the obviousness question
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`involves a consideration of: the scope and content of t