EXHIBIT E-1
`Defendant’s First Amended Invalidity Contentions
`Orckit Corporation v. Cisco Systems, Inc., 2:22-cv-00276-JRG-RSP
`____________________________________________________________________________________________________________
`
`Chart for U.S. Patent 6,680,904 (“the ’904 Patent”)
`35 U.S.C. § 103
`
`In this chart, “The Reference” refers to each of the following references and/or systems:
`• Cisco Catalyst 2900 Series XL and 3500 Series XL Switches (collectively, the “Catalyst XL Switches”)
`• BayStack 450 Series Switches (the “BayStack 450 Switches”)
`• TRENDnet Stackable Hubs (“TRENDnet Stackable Hubs”)
`• U.S. Patent No. 6,314,102 to Czerwic (“Czerwiec”)
`• U.S. Patent No. 6,092,214 to Quoc (“Quoc”)
`• PCT Application No. WO 91/14324 to Vink (“Vink”)
`• U.S. Patent No. 6,600,727 to Mackay (“Mackay”)
`• U.S. Patent No. 6,663,499 to Dowling (“Dowling”)
`• U.S. Patent No. 5,953,318 to Nattkemper (“Nattkemper”)
`
`The following additional references are identified individually:
`• U.S. Patent No. 5,313,456 to Sugawara (“Sugawara”)
`• U.S. Patent No. 6,654,796 to Slater et al. (“Slater ’796”)
`• U.S. Patent No. 6,895,433 to Slater & Chennapragada (“Slater ’433”)
`• U.S. Patent No. 6,917,626 to Duvvury (“Duvvury ’626”)
`• U.S. Patent No. 7,545,820 to Duvvury (“Duuvury ’820”)
`• U.S. Patent No. 6,269,452 to Daruwalla et al. (“Daruwalla”)
`• U.S. Patent No. 6,853,623 to Nederveen & King (“Nederveen”)
`• U.S. Patent No. 6,952,421 to Slater (“Slater ’421”)
`• U.S. Patent No. 6,463,065 to Petersen et al. (“Petersen”)
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 1 of 1815
`
`

`

`• Cisco Introduces Next-Generation Stacking with New Catalyst 3500 Series XL, CISCO: THE NEWSROOM, May 24, 1999,
`https://newsroom.cisco.com/c/r/newsroom/en/us/a/y1999/m05/cisco-introduces-next-generation-stacking-with-new-catalyst-
`3500-series-xl.html (“Cisco Catalyst Press Release”)
`
`As shown in the chart below, all Asserted Claims of the ’904 Patent are invalid under 35 U.S.C. § 103 because The Reference renders
`those claims obvious either alone, or in combination with the knowledge of a person having ordinary skill in the art, and in further
`combination with the references specifically identified below and in the following claim chart and/or one or more references identified
`in Defendant’s Preliminary Invalidity Contentions.
`
`Motivations to combine include at least the similarity in subject matter between the references to the extent they concern methods of
`stackable switching. Insofar as the references cite other patents or publications, or suggest additional changes, one of ordinary skill in
`the art would look beyond a single reference to other references in the field.
`
`These invalidity contentions are based on Defendant’s present understanding of the Asserted Claims, and Orckit’s apparent construction
`of the claims in its November 3, 2022 Disclosure of Asserted Claims and Infringement Contentions Pursuant to P.R. 3-1, and Orckit’s
`January 19, 2023 First Amended Disclosure of Asserted Claims and Infringement Contentions Pursuant to P.R. 3-1 (Orckit’s
`“Infringement Disclosures”), which is deficient at least insofar as it fails to cite any documents or identify accused structures, acts, or
`materials in the Accused Products with particularity. Defendant does not agree with Orckit’s application of the claims, or that the claims
`satisfy the requirements of 35 U.S.C. § 112. Defendant’s contentions herein are not, and should in no way be seen as, admissions or
`adoptions as to any particular claim scope or construction, or as any admission that any particular element is met by any accused product
`in any particular way. Defendant objects to any attempt to imply claim construction from this chart. Defendant’s prior art invalidity
`contentions are made in a variety of alternatives and do not represent Defendant’s agreement or view as to the meaning, definiteness,
`written description support for, or enablement of any claim contained therein.
`
`The following contentions are subject to revision and amendment pursuant to Federal Rule of Civil Procedure 26(e), the Local Rules,
`and the Orders of record in this matter subject to further investigation and discovery regarding the prior art and the Court’s construction
`of the claims at issue.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 2 of 1815
`
`

`

`
`
`ʼ904 Patent Claim 1
`No.
`1[preamble] Network
`access
`apparatus, comprising:
`
`1[a]
`
`first and second master
`units, each comprising a
`physical interface to a
`packet-switched
`network;
`
`The Reference
`The Reference discloses network access apparatus, comprising.
`
`To the extent that the Reference alone does not anticipate or render this claim obvious, this
`claim, including this element would have been obvious to one skilled in the art, as it was
`known. For example, this claim, including this element, would have been obvious in light of
`the disclosures of the Reference in combination with the knowledge of a person or ordinary
`skill in the art and/or in view of one or more of the following references: the Catalyst XL
`Switches, the BayStack 450 Switches, TRENDnet Stackable Hubs, Czerwiec, Quoc, Vink,
`and Dowling.
`The Reference discloses first and second master units, each comprising a physical interface
`to a packet-switched network.
`
`To the extent that the Reference alone does not anticipate or render this claim obvious, this
`claim, including this element would have been obvious to one skilled in the art, as it was
`known. For example, this claim, including this element, would have been obvious in light of
`the disclosures of the Reference in combination with the knowledge of a person or ordinary
`skill in the art and/or in view of one or more of the following references: the Catalyst XL
`Switches, the BayStack 450 Switches, TRENDnet Stackable Hubs, Czerwiec, Quoc, Vink,
`and Dowling.
`
`Cisco already patented “master” and slave” switch technology and commercialized it before
`Orckit. Some examples of Cisco’s patents (and other disclosures) for that technology that are
`relevant to this limitation include:
`• Cisco Catalyst Press Release
`• Slater ’796
`• Slater ’433
`• Duvvury ’626
`• Duuvury ’820
`
`
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 3 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`Cisco Catalyst Press Release discloses:
`“May 24, 1999 -- Cisco Systems, Inc. today announced the new Catalyst. 3500 Series XL, the
`industry's most scalable line of stackable 10/100 and Gigabit Ethernet desktop switches that
`delivers premium performance, manageability, flexibility and unparalleled investment
`protection.” Cisco Catalyst Press Release, 2.
`
`“The new family of stackable switches, consisting of the Catalyst 3512 XL, Catalyst 3524 XL
`and Catalyst 3508G XL switches, use Cisco Switch Clustering technology to take traditional
`stacking to the next level by allowing network managers to manage geographically dispersed
`switches through a single IP address, using a standard Web browser.” Cisco Catalyst Press
`Release, 2.
`
`“Cisco delivers next-generation stacking through a new scalable stacking architecture
`consisting of a new hardware platform, the Gigabit-enabled Catalyst 3500 Series XL; a unique
`flexible stacking transceiver, the GigaStack Gigabit Interface Connector (GBIC); and Cisco
`Switch Clustering technology that enables single IP management of geographically dispersed
`switches.” Cisco Catalyst Press Release, 2.
`
`“The Cisco stacking architecture is fully backwards compatible with all Catalyst 2900 Series
`XL and Catalyst 1900 Standard and Enterprise Edition switches, giving customers
`unparalleled flexibility and investment protection.” Cisco Catalyst Press Release, 2.
`
`“‘The new Catalyst 3500 XL switches with the unique Cisco Switch Clustering technology
`and enhanced Cisco Visual Switch Manager makes managing these switches easy and hassle-
`free,’ said Juan Garcia, system network administrator at Acer America. ‘You can now manage
`an entire group of Catalyst 3500 XL, 2900 XL and 1900 switches from a single IP address
`regardless of their location, using one Web interface. This is a very powerful message to
`network managers that now don't have to manage each individual switch as an independent
`entity.’” Cisco Catalyst Press Release, 2.
`
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 4 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`“With the introduction of the Catalyst 3500 Series XL and Cisco Switch Clustering
`technology, Cisco introduces next generation stacking. The Catalyst 3500 Series XL switches
`feature a 10 Gbps switching fabric that delivers wire-speed performance to each 10/100 port.
`The new stackable switches feature Cisco IOS. software and Cisco Visual Switch Manager
`(CVSM) software, an easy-to-use, Web-based management interface. All Catalyst 3500
`Series XL switches are available in Standard and Enterprise Editions. Enterprise Edition
`switches offer advanced software features such as, complete 802.1Q and ISL VLAN support,
`TACACS+ security, and fault tolerance through Uplink Fast.” Cisco Catalyst Press Release,
`3.
`
`“The Catalyst 3500 Series XL consists of three switch models.” Cisco Catalyst Press Release,
`3.
`
`“Catalyst 3512 XL: a single rack unit (RU) stackable 10/100 and Gigabit Ethernet switch with
`12 10BaseT/100BaseTX ports and two GBIC-based Gigabit Ethernet ports that accommodate
`a range of industry-standard GBICs, including the Cisco GigaStack GBIC, and 1000BaseSX
`and 1000BaseLX/LH GBICs. The Catalyst 3512 XL is a high-performance, non-blocking
`switch, ideal for aggregating a small group of Catalyst 2900 XL or Catalyst 1900 switches in
`a clustered configuration. In a standalone configuration, the Catalyst 3512 XL offers low port
`density at a low entry price.” Cisco Catalyst Press Release, 3.
`
`“Catalyst 3524 XL: a single RU stackable 10/100 and Gigabit Ethernet switch with 24
`10BaseT/100BaseTX ports and two GBIC-based Gigabit Ethernet ports that accommodate a
`range of GBICs, including the Cisco GigaStack GBIC, 1000BaseSX and 1000BaseLX/LH
`GBICs. The Catalyst 3524 XL is ideal for delivering dedicated 10 or 100 Mbps bandwidth to
`individual users and servers in a stack or cluster configuration. Built-in dual GBIC-based
`Gigabit Ethernet ports provide users with a flexible and scalable solution for Gigabit Ethernet
`uplinks or GigaStack stacking.” Cisco Catalyst Press Release, 3.
`
`
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 5 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`“Catalyst 3508G XL: a single RU stackable Gigabit Ethernet switch with 8 GBIC-based
`Gigabit Ethernet ports. The Catalyst 3508G XL is ideal for aggregating a group of 10/100
`switches and Gigabit Ethernet servers using Cisco GigaStack GBICs or standard 1000BaseX
`GBICs.” Cisco Catalyst Press Release, 3.
`
`“The Catalyst 3500 XL and modular Catalyst 2900 XL switches can be stacked using the low-
`cost Cisco GigaStack GBIC. The two-port GigaStack GBIC offers a range of highly flexible
`stacking and price/performance connectivity options. It delivers a 1 Gbps stack bus in a daisy-
`chained configuration or up to 2 Gbps full-duplex connectivity in a dedicated, switch-to-
`switch configuration. GBIC-based Gigabit Ethernet aggregation via the Catalyst 3508 XL
`delivers up to 5 Gbps aggregated forwarding bandwidth to connected switches in a switch
`‘cluster.’” Cisco Catalyst Press Release, 3-4.
`
`“Cisco Switch Clustering software enables up to 16 interconnected Catalyst 3500 XL, 2900
`XL and 1900 switches, regardless of geographic proximity, to form a managed single-IP
`address network. These switches can be interconnected using a broad range of connectivity
`options, delivering different levels of performance to meet customer needs. Clustering
`connectivity options include Ethernet, Fast Ethernet, Fast EtherChannel, low-cost Cisco
`GigaStack GBIC, Gigabit Ethernet and Gigabit EtherChannel technologies.” Cisco Catalyst
`Press Release, 4.
`
`“Because the technology is not limited by proprietary stacking modules and stacking cables,
`Cisco Switch Clustering software expands the traditional stacking domain beyond a single
`wiring closet and allows users to mix and match interconnections to meet specific
`management, performance and cost requirements.” Cisco Catalyst Press Release, 4.
`
`“Cisco Switch Clustering software for the Catalyst 3500 XL, 2900 XL and 1900 switches,
`enables the management of a ‘cluster’ of switches through a single IP address. The clusters
`can be grouped regardless of interconnection media or physical proximity. In a Cisco switch
`cluster, one Catalyst 3500 XL or 2900 XL switch is designated as the "command" switch and
`all other switches in the cluster are designated as "member" switches. The command switch
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 6 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`serves as the single IP management point and disburses all management action dictated by
`the network manager.” Cisco Catalyst Press Release, 4.
`
`“Cisco Switch Clustering command software is pre-installed on all Catalyst 3500 XL switches
`and is available as an upgrade for Catalyst 2900 XL and 1900 switches. Cisco Switch
`Clustering technology supports Command Line Interface (CLI) in addition to Cisco Visual
`Switch Manager.” Cisco Catalyst Press Release, 4.
`
`“The Catalyst 3500 Series XL features the Cisco Web-based management tool, Cisco Visual
`Switch Manager (CVSM 2.0), which allows network managers to view and manage a switch
`cluster from anywhere on the network through a standard Web browser such as Microsoft
`Internet Explorer or Netscape Navigator. CVSM 2.0 is launched from the switch itself and
`delivers simple network and device-level management, including VLAN set-up, port
`configuration, network cluster views and port monitoring. CVSM is an integral part of the
`Cisco scalable stacking architecture, allowing users to easily configure and manage switch
`stacks and clusters, and administer software upgrades across multiple switches.” Cisco
`Catalyst Press Release, 4-5.
`
`Duvvury ’626 discloses:1
`“A group of network devices, such as Ethernet switches, are logically configured as a single
`cluster, with one commander device and one or more member devices. Each network device
`in the cluster contains an embedded HTML server that facilitates configuration and
`management of the network device via a management station running a Web browser. Each
`device in the cluster is identified by a unique Universal Resource Locator (“URL”). However,
`only the cluster commander is required to have a public IP address. The cluster commander
`automatically assigns private IP addresses to the other devices in the cluster. Network devices
`in the cluster constantly monitor network traffic on all their ports to detect conflicts between
`the automatically assigned IP addresses and the IP addresses of network devices outside of
`the cluster. When a conflict is detected, the cluster commander assigns a different private IP
`
`1 Duvvury ’626 is the parent to the CON Duvvury ’820 and contains a substantially identical specification and reads on the Asserted
`Claims of the ’904 patent for substantially the same reasons as Duvvury ’626.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 7 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`address to the cluster network device that caused the conflict. The process of detecting and
`correcting IP address conflicts continues continuously to enable the cluster network devices
`to react automatically to network configuration changes.” Duvvury ’626, Abstract.
`
`“If the commander switch of a cluster fails, member switches continue forwarding but cannot
`be managed through the commander switch. Member switches retain the ability to be
`managed through normal standalone means, such as the console-port CLI, and they can be
`managed through SNMP, HTML, and Telnet after they have been assigned an IP address.
`Recovery from a failed command switch can be accomplished by replacing the failed unit
`with a cluster member or another switch. To have a cluster member ready to replace the
`commander switch, the network administrator must assign an IP address to another cluster
`member, and know the command-switch enable password for that switch.” Duvvury ’626,
`12:18-30.
`
`“FIG. 17 is a flow chart illustrating an automatic IP address generation algorithm according
`to one embodiment of the present invention. When a member switch first joins a cluster, the
`commander switch generates a CMP address for the member switch by adding last three bytes
`of the member switch's MAC address to the number “10.0.0.0.” Thus, as shown in FIG. 17,
`at step 1700 the commander switch reads the MAC address of a member switch from an
`Ethernet frame received from the member switch. Next, at step 1710, the commander switch
`adds the last three bytes of the member switch's MAC address to the number “10.0.0.0.” Then,
`at step 1720, the commander switch assigns the resulting number to be the CMP IP address
`of the member switch. For example, if the MAC address of the member switch is “00-e0-1e-
`01-02-03,” then the generated CMIP address will be “10.01.02.03.” At step 1730, the
`commander switch communicates its own CMP address to the member switch. Finally, at step
`1740, once a member switch has been assigned a CMP address, the commander switch and
`the member switch use CMP addresses to communicate with each other.” Duvvury ’626,
`16:11-31.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 8 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`
`Duvvury ’626, FIG. 17.
`
`
`
`
`“FIG. 18 is a flow chart illustrating an automatic IP address conflict correction algorithm
`according to one embodiment of the present invention. In this embodiment, after detecting
`the conflict, the commander switch generates a new CMP address according to the algorithm
`shown in FIG. 18. First, at step 1800, three counters are initialized to zero, each representing
`the number of address correction attempts for the second byte, third byte, and fourth byte of
`the IP address, respectively. Next, at step 1805, the value of the second byte counter is
`compared to the highest possible value (255). If the value is less than 255, then at step 1810,
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 9 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`the second byte of the IP address is incremented by one, “modulo 256,” such that the number
`wraps back to zero if the present number is 255 and the second byte counter is less than 255.
`At step 1820, a new CMP address corresponding to the result is assigned to the switch that
`caused the conflict. At step 1830, if a conflict is still detected, the algorithm loops back to
`step 1805. Otherwise, the algorithm terminates at step 1899.” Duvvury ’626, 17:5-16.
`
`Duvvury ’626, FIG. 18.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 10 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`Slater ’796 discloses:2
`“A group of network devices, such as Ethernet switches, are logically configured as a single
`cluster, with one commander device and one or more expansion devices. Each device in the
`cluster contains an embedded HTML server that facilitates configuration and management of
`the network device via a management station running a Web browser. Each device in the
`cluster is identified by a unique Universal Resource Locator (“URL”). However, only the
`cluster commander is required to have an IP address. The cluster commander redirects and
`translates configuration and management requests from the Web browser on the management
`station so that requests are processed by the appropriate device in the cluster. The exchange
`of information between the Web browser on the management station and the devices in a
`cluster is accomplished via redirection of HTTP GET and POST methods. This provides a
`consistent, device-independent interface between the device and the Web browser on the
`management station.” Slater ’796, Abstract.
`
`“Network devices, such as LAN switches, may be configured and managed using either out-
`of-band or in-band techniques. Out-of-band configuration and management are typically
`performed by connecting to the console port on the network device and using the management
`console locally from a terminal or remotely through a modem. Alternatively, network devices
`may be configured and managed “in-band,” either by connecting via Telnet to the network
`device and using a management console, or by communicating with the network device's in-
`band management interface using the industry standard Simple Network Management
`Protocol (“SNMP”). This can be accomplished by using an SNMP-compatible network
`management application and the network device's Management Interface Base (“MIB”) files.
`Normally, however, in order to perform in-band administrative tasks of a network device,
`such as configuration and management, the network device must first be assigned an IP
`address. Additionally, in order to use in-band configuration and management capabilities, the
`SNMP management platform of the network device must be configured to understand and be
`able to access the objects contained in the network device's MIB.” Slater ’796, 8:55-9:10.
`
`2 Slater ’433 is the parent to the CON Slater ’796 and contains a substantially identical specification and reads on the Asserted Claims
`of the ’904 patent for substantially the same reasons as Slater ’796.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 11 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`“Embodiments of the present invention use a subset of the Transmission Control
`Protocol/Internet Protocol (“TCP/IP”) suite as the underlying mechanism to transport the
`SNMP configuration and management data. Without limitation, the protocols implemented
`in embodiments of the present invention include the Internet Protocol (“IP”), the Internet
`Control Message Protocol (“ICMP”), the User Datagram Protocol (“UDP”), the Trivial File
`Transfer Protocol (“TFTP”), the Bootstrap Protocol (“BOOTP”), and the Address Resolution
`Protocol (“ARP”).” Slater ’796, 9:11-20.
`
`“The MIB variables of network devices according to embodiments of the present invention
`are accessible through SNMP. SNMP is an application-layer protocol designed to facilitate
`the exchange of management information between network devices. SNMP is used to monitor
`IP gateways and their networks, and defines a set of variables that the gateway must keep and
`specifies that all operations on the gateway are a side effect of fetching or storing to data
`variables. SNMP consists of three parts: a Structure of Management Information (“SMI”), a
`Management Information Base (“MIB”) and the protocol itself. The SMI and MIB define and
`store the set of managed entities, while SNMP itself conveys information to and from the SMI
`and the MIB.” Slater ’796, 9:21-34.
`
`“Instead of defining a large set of commands, SNMP places all operations in a get-request,
`get-next-request, and set-request format. For example, an SNMP manager can get a value
`from an SNMP agent or store a value into that SNMP agent. The SNMP manager can be part
`of a network management system (“NMS”), and the SNMP agent can reside on a networking
`device such as a LAN switch. The switch MIB files may be compiled with network
`management software, which then permits the SNMP agent to respond to MIB-related queries
`being sent by the NMS.” Slater ’796, 9:35-44.
`
`“An example of an NMS is the CiscoWorks™ network management software, available from
`Cisco Systems, Inc. of San Jose, Calif. CiscoWorks™ uses the switch MIB variables to set
`device variables and to poll devices on the network for specific information. Among other
`tasks, the CiscoWorks™ software permits the results of a poll to be displayed as a graph and
`analyzed in order to troubleshoot internetworking problems, increase network performance,
`verify the configuration of devices, and monitor traffic loads. Other products known to those
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 12 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`of ordinary skill in the art, available from several other vendors, provide similar
`functionality.” Slater ’796, 9:45-57.
`
`“A cluster is a group of connected switches that are managed as a single entity. The switches
`can be in the same location, or they can be distributed across a network. According to
`embodiments of the present invention, all communication with cluster switches is through a
`single IP address assigned to the commander switch. Clusters may be configured in a variety
`of topologies. As an example, FIG. 8 illustrates a switch cluster 106 configured in a “star,” or
`“radial stack,” topology. In this configuration, each of the eight expansion switches 102-A-
`102-H in cluster 106 is directly connected to one of the ports 108A-108-H of commander
`switch 100.” Slater ’796, 10:55-67.
`
`“A second example of a cluster configuration, known as a “daisy chain” configuration, is
`shown in FIG. 9. In cluster 110, only expansion switch 102-A is directly connected to the
`commander switch 100. Expansion switches 102-B-102-G are each connected to an
`“upstream” switch (one that is fewer “hops” away from commander switch 100) and to a
`“downstream” switch (one that is more “hops” away from commander switch 100). Finally,
`the last switch in the chain (expansion switch 102-H) is only connected to its upstream
`“neighbor” 102-G.” Slater ’796, 11:1-10.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 13 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`
`Slater ’796, FIG. 9.
`
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 14 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`“As a third example, FIG. 10 illustrates a “hybrid” cluster configuration with one commander
`switch 100 and seven expansion switches 102-A-102-G. In cluster 112, expansion switches
`102-A and 102-E are in a star configuration with respect to commander switch 100. Expansion
`switch 102-B is in a daisy chain configuration with respect to expansion switch 102-A, while
`expansion switches 102-C and 102-D are in a star configuration with respect to expansion
`switch 102-B. Finally, expansion switches 102-F and 102-G are in a star configuration with
`respect to expansion switch 102-E. Thus, hybrid cluster 112 as shown in FIG. 10 consists of
`a combination of star and daisy chain configurations.” Slater ’796, 11:11-22.
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 15 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`
`Slater ’796, FIG. 10.
`
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 16 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`“The commander switch is the single point of access used to configure and monitor all the
`switches in a cluster. According to embodiments of the present invention, expansion switches
`are managed through a commander switch. The commander switch is used to manage the
`cluster, and is managed directly by the network management station. Expansion switches
`operate under the control of the commander. While they are a part of a cluster, expansion
`switches are not managed directly. Rather, requests intended for an expansion switch are first
`sent to the commander, then forwarded to the appropriate expansion switch in the cluster.”
`Slater ’796, 11:26-36.
`
`“When switches are first installed, they are cabled together according to the network
`configuration desired for a particular application, and an IP address is assigned to the
`commander switch. In addition, the commander switch must be enabled as the commander
`switch of the cluster. Once the commander switch has been enabled, it can use information
`known about the network topology to identify other network devices in the network that may
`be added to the cluster. According to one embodiment of the present invention, the
`commander switch uses the Cisco™ Discovery Protocol (“CDP”) to automatically identify
`candidate network devices. However, other similar products known to those of ordinary skill
`in the art are available from other vendors to accomplish the same task. Alternatively,
`discovery of candidate network devices may be performed manually by inspecting the
`network topology and the network devices attached to the network.” Slater ’796, 11:37-54.
`
`“The method of creating a cluster of Ethernet switches depends on each particular network
`configuration. If the switches are arranged in a star topology, as in FIG. 8, with the
`commander switch at the center, all of the expansion switches may be added to the cluster at
`once. On the other hand, if the switches are connected in a daisy-chain topology, as in FIG.
`9, the candidate switch that is connected to the commander switch is added first, and then
`each subsequent switch in the chain is added as it is discovered by CDP. If switches are daisy-
`chained off a star topology, as in the exemplary hybrid configuration shown in FIG. 10, all
`the switches that are directly connected to the commander switch may be added first, and then
`the daisy-chained switches may be added one at a time.” Slater ’796, 12:21-34.
`
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 17 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`1[b]
`
`a plurality of slave
`units,
`
`The Reference
`“If the commander switch of a cluster fails, member switches continue forwarding but cannot
`be managed through the commander switch. Member switches retain the ability to be
`managed through normal standalone means, such as the console-port CLI, and they can be
`managed through SNMP, HTML, and Telnet after they have been assigned an IP address.
`Recovery from a failed command switch can be accomplished by replacing the failed unit
`with a cluster member or another switch. To have a cluster member ready to replace the
`commander switch, the network administrator must assign an IP address to another cluster
`member, and know the command-switch enable password for that switch.” Slater ’796,
`12:44-56.
`
`“One advantage of the present invention is that a network administrator need set only one IP
`address, one password, and one system SNMP configuration in order to manage an entire
`cluster of switches. A cluster can be formed from switches located in several different
`buildings on a campus, and may be linked by fiber optic, Fast Ethernet, or Gigabit Ethernet
`connections.” Slater ’796, 13:8-14.
`The Reference discloses a plurality of slave units.
`
`To the extent that the Reference alone does not anticipate or render this claim obvious, this
`claim, including this element would have been obvious to one skilled in the art, as it was
`known. For example, this claim, including this element, would have been obvious in light of
`the disclosures of the Reference in combination with the knowledge of a person or ordinary
`skill in the art and/or in view of one or more of the following references: the Catalyst XL
`Switches, the BayStack 450 Switches, TRENDnet Stackable Hubs, Czerwiec, Quoc, Vink,
`and Dowling.
`
`Cisco already patented “master” and slave” switch technology and commercialized it before
`Orckit. Some examples of Cisco’s patents (and other disclosures) for that technology that are
`relevant to this limitation include:
`• Cisco Catalyst Press Release
`• Slater ’796
`• Slater ’433
`• Duvvury ’626
`
`Orckit Exhibit 2019
`Cisco Systems v. Orckit Corp.
`IPR2023-00554, Page 18 of 1815
`
`

`

`No.
`
`ʼ904 Patent Claim 1
`
`The Reference
`• Duuvury ’820
`Cisco Catalyst Press Release discloses:
`“May 24, 1999 -- Cisco Systems, Inc. today announced the new Catalyst. 3500 Series XL, the
`industry's most scalable line of stackable 10/100 and Gigabit Ethernet desktop switches that
`delivers premium performance, manageability, flexibility and unparalleled investment
`protection.” Cisco Catalyst Press Release, 2.
`
`“The new family of stackable switches, consisting of the Catalyst 3512 XL, Catalyst 3524 XL
`and Catalyst 3508G XL switches, use Cisco Switch Clustering technology to take traditional
`stacking to the next level by allowing network managers to manage geographically dispersed
`switches through a single IP address, using a standard Web browser