`
`John Albert Kembel, et al.
`In re Patent of:
`8,510,407
`U.S. Patent No.:
`August 13, 2013
`Issue Date:
`Appl. Serial No.: 11/932,553
`Filing Date:
`October 31, 2007
`Title:
`DISPLAYING TIME-VARYING INTERNET BASED DATA
`USING APPLICATION MEDIA PACKAGES
`
` Attorney Docket No.: 39843-0149IP1
`
`DECLARATION OF DR. DOUGLAS C. SCHMIDT
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`I, Dr. Douglas C. Schmidt, of Nashville, Tennessee, declare that:
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`QUALIFICATIONS AND BACKGROUND INFORMATION
`My qualifications can be found in my Curriculum Vitae, which is
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`1.
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`submitted with this Declaration as Exhibit 1004 and includes a complete list of my
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`education, patents and publications, employment and research history, and
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`professional activities and awards.
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`2.
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`I am currently tenured as the Cornelius Vanderbilt Professor of
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`Engineering with the Department of Electrical Engineering and Computer Science
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`at Vanderbilt University in Nashville, TN, where I also serve as the Associate
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`Chair of the Computer Science Department. I have been a full-time university
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`professor since 1994, and I was previously a tenured professor at the University of
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`California, Irvine with the Electrical and Computer Engineering department from
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`2000 to 2003 and Washington University in St. Louis, MO with the Computer
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`Science and Engineering department from 1994 to 2000. In addition, I served as
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`the Chief Technology Officer for the Software Engineering Institute at Carnegie
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`Mellon University from 2010 to 2012.
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`3.
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`I hold a Doctor of Philosophy (PhD) degree in Computer Science
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`from the University of California (UC) Irvine in Irvine, CA, which I received in
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`1994. I also earned a Master’s Degree in Computer Science from UC Irvine in
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`1990, as well as a Bachelor’s Degree in Sociology in 1986 and Master’s Degree in
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`Sociology in 1984 from the College of William and Mary in Williamsburg, VA.
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`Prior to completing my graduate studies at UC Irvine, I worked with the Urban
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`Information Systems (“URBIS”) project at UC Irvine’s Public Policy Research
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`organization, where I studied end-user computing interactivity with municipal
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`institutions in 40 cities across the United States. I also worked at the International
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`Center for Information Technology (“ICIT”) in Washington, D.C. on projects
`assessing techniques for improving software productivity for enterprise IT systems.
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`4.
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`I first started programming in 1983 when I was an undergraduate
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`student taking statistics courses at the College of William and Mary in
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`Williamsburg, VA. While I was an undergraduate and graduate student at William
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`and Mary I programmed with the SPSS and SAS statistical packages and worked
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`as a programmer at the National Center for State Courts during the summer of
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`1986 as I was completing my Master’s degree. From 1985 through 1988 I learned
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`how to program in Pascal, C, C++, Ada, Prolog, and Lisp, both at the College of
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`William and Mary (where I was a graduate student in the Sociology department)
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`and at UC Irvine (where I was a graduate student in the Information and Computer
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`Science department). During this time period I also learned how to program
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`networked software services and applications using platforms, libraries, and
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`protocols available at the time, such as UNIX Sockets and TCP/IP. During the time
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`I was also an avid user of popular networked applications, such as remote login
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`(rlogin and TELNET), email, and file transfer (FTP), which provided distributed
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`services for accessing remote computer resources and collaborating over local area
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`and wide area networks.
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`5.
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`During the past 30 years, I have conducted and supervised a
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`significant number of research projects involving a wide range of software-related
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`topics including patterns, optimization techniques, and empirical analyses of
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`object-oriented middleware frameworks for distributed real-time embedded
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`systems and mobile cloud computing applications, including applications backed
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`by relational database management systems. I have published over 640 scholarly
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`articles and technical papers, and I am the co-author or editor of 12 books or book-
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`length manuscripts on various topics, including software architecture, network
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`programming, object-oriented frameworks, distributed and real-time systems,
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`open-source middleware platforms, and mobile cloud computing applications. My
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`work has been cited more than 38,000 times across a comprehensive spectrum of
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`high-impact publications, and my current h-index score is 90, which indicates the
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`significant impact of my publications on scholarly literature in the field of
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`Computer Science.1 I have also supervised the research of more than 40 PhD and
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`Master’s graduate students to date. In addition to conducting and publishing my
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`own research, I have served on the editorial board of numerous journals, including
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`publications by IEEE and the ACM, and I have been a guest editor of numerous
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`special issue journals based on my research expertise.
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`6. My research has been funded by a variety of organizations, including
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`both federal agencies, such as DARPA, NSF, NASA, NIH, the U.S. Air Force, and
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`the U.S. Navy, as well as leading companies, such as Northrup Grumman,
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`Raytheon, Lockheed- Martin, Boeing, McDonnell-Douglas, General Electric, and
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`Siemens. I have also received other honors and awards, including election to
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`professional organizations, engagements for invited talks and the 2015 Award for
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`Excellence in Teaching from the Vanderbilt University Department of Electrical
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`Engineering.
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`
`
`
`
`1 The h-index is a popular measure of scholarly productivity. The definition
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`of the index is that a scholar with an index of h has published h papers each of
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`which has been cited in other papers at least h times. Thus, the h-index reflects
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`both the number of publications and the number of citations
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`7.
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`In addition to my research experience, I have decades of hands-on
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`programming experience with a variety of different programming languages. I
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`have programmed with object-oriented languages since the mid-1980s, when I
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`began to program with C++. I have programmed with Java and other related
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`object-oriented and functional languages (such as C# and Python) since the mid-
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`1990s and early 2000s. While at the University of California Irvine starting in 1991
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`I led the development of one of the first C++ object-oriented frameworks for
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`concurrent and networked middleware and applications (ACE) and later starting in
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`1996 developed one of the first Java object-oriented frameworks for concurrent
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`and networked middleware and applications (Java ACE). Since 1990, I have
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`taught more than 1,000 students in dozens of face-to-face courses on network
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`programming to both undergraduate and graduate students at UC Irvine,
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`Washington University St. Louis, and Vanderbilt University. Since 2013, I have
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`taught mobile cloud computing to more than 200,000 students in Massive Open
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`Online Courses (MOOCs) on the Coursera platform, which have focused on
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`technologies such as mobile app programming with Android and JavaScript and
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`cloud service programming with various web services frameworks, such as Spring
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`and Node.js. Mobile cloud computing applications commonly connect to relational
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`database management systems to provide access to large data repositories.
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`8.
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`In addition to my regular course offerings, over the past 35 years I
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`have also taught over 600 short-courses and tutorials on numerous subjects,
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`including: object-oriented and functional design patterns and programming
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`techniques; systems programming and network programming for UNIX and
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`Windows; object-oriented and functional programming languages; and, various
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`courses on distributed operating systems, web apps and services, mobile cloud
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`computing, compiler construction, algorithms, and data structures.
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`9.
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`For the past three decades, I have led the development of ACE, Java
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`ACE, TAO, and CIAO.2 The millions of lines of object-oriented code in these
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`frameworks provide layers of system infrastructure middleware that simplify the
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`development of concurrent and networked software apps and services and often
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`integrate with relational database systems.
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`10.
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`In addition to my various academic and research engagements, from
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`2010 to 2014 I served as a member of the United States Air Force Scientific
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`Advisory Board, where I was the Vice Chair of Cyber Situational Awareness, a
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`study for the U.S. Air Force on the network security of mission operations. I also
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`
` 2
`
` See Obtaining ACE, TAO, CIAO, and DAnCE, Vanderbilt,
`http://download.dre.vanderbilt.edu/ (for access to ACE, TAO and CIAO
`downloads) (attached herein as Exhibit E); Java ACE, Vanderbilt,
`http://www.dre.vanderbilt.edu/JACE/ (for access to Java ACE downloads)
`(attached herei
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`recently served on the Advisory Board for the U.S. Naval Air Systems Command
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`(NavAir) Future Airborne Capability Environment (FACE) and was recently a co-
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`lead of a task force on “Published Open Interfaces and Standards” for the U.S.
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`Navy's Open Systems Architecture initiative.
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`11. From 2000 to 2003 I served as a Deputy Office Director and Program
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`Manager at the Defense Advanced Research Projects Agency (DARPA), where I
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`led the national research and development effort on portable open system
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`architecture middleware for distributed real-time and embedded (DRE) systems,
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`which focused on the systematic use of adaptation, supported by redundancy,
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`heterogeneity, and use of computer network security mechanisms, such as access-
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`control, intrusion detection and packet filtering.
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`12. My work on middleware for DRE systems has transitioned to the Joint
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`Tactical Terminal (JTT) and Joint Tactical Radio System (JTRS) software defined
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`radio programs, manned/unmanned combat air vehicles, the Orbital Express low
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`earth orbit (LEO) satellite telemetry and control framework, the Ground Support
`
`System (GSS) for the X33 Single Stage To Orbit (SSTO) Reusable Launch
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`Vehicle, and the USS Ronald Reagan and USS Zumwalt, the USAF upgraded early
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`warning radar system, as well as the Facebook iPhone app and electronic medical
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`imaging systems from Siemens and GE, among many other governmental and
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`commercial applications. During 2001 to 2003, I also co-chaired the Software
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`Design and Productivity (SDP) Coordinating Group of the U.S. government's
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`multi-agency Networking and Information Technology Research and Development
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`(NITRD) Program, which helped to formulate a national interagency software
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`research agenda.
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`13. Additionally, over the last two decades I have been retained as an
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`expert consultant more than two dozen times in a variety of computer software-
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`related matters, focusing primarily on topics related to the software and network
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`infrastructure of mobile and cloud computing platforms.
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`14.
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`In writing this Declaration, I have considered the following: my own
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`knowledge and experience, including my work experience in the fields of
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`computer science and electrical engineering; my experience in teaching those
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`subjects; and my experience in working with others involved in those fields. In
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`addition, I have analyzed the following publications and materials, in addition to
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`other materials I cite in my declaration:
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`• U.S. Patent No. 8,510,407 (Exhibit 1001), and its accompanying
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`prosecution history (Exhibit 1002)
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`• U.S. Patent No. 6,278,448 B1 (“Brown”) (Exhibit 1005)
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`• U.S. Patent No. 6,449,638 B1 (“Wecker”) (Exhibit 1006)
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`• U.S. Patent No. 5,793,368 (“Beer”) (Exhibit 1007)
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`• U.S. Patent No. 6,789,263 B1 (“Shimada”) (Exhibit 1008)
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`• U.S. Patent No. 6,088,340 (“Buchholz”) (Exhibit 1009)
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`• U.S. Patent No. 6,819,345 B1 (“Jones”) (Exhibit 1010)
`
`• HTML 4 Unleashed (“Darnell”) (Exhibit 1011)
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`• IPR2019-01279 Final Written Decision (Exhibit 1012)
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`• U.S. Patent No. 6,342,907 B1 (“Petty”) (Exhibit 1013)
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`• Lenovo Holding Company, Inc. v. DoDots Licensing Solutions LLC, No.
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`2021-1247, 2021 WL 5822248 (Dec. 8, 2021) (Exhibit 1014)
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`• U.S. Patent No. 6,311,058 B1 (“Wecker 2”) (Exhibit 1015)
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`• U.S. Patent No. 5,737,560 (“Yohanan”) (Exhibit 1016)
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`• CNET News, “PointCast unveils free news service,”
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`https://web.archive.org/web/20110616130215/http://news.cnet.com/Poin
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`tCast-unveils-free-news-service/2100-1023_3-204658.html, last
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`accessed Feb. 16, 2023 (Exhibit 1017)
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`• Declaration of June Ann Munford (Exhibit 1018)
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`• DoDots Licensing Solutions LLC v. Samsung Electronics Co., Ltd. et al.,
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`6:22-cv-00535, W.D. Tex., filed May 24, 2022 (Exhibit 1019)
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`• U.S. Patent No. 6,094,681 (“Shaffer”) (Exhibit 1020)
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`• U.S. Patent No. 6,185,614 B1 (“Cuomo”) (Exhibit 1022)
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`LEGAL PRINCIPLES
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`Anticipation
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`15.
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`I have been informed that a patent claim is invalid as anticipated
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`under 35 U.S.C. § 102 if each and every element of a claim, as properly construed,
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`is found either explicitly or inherently in a single prior art reference. Under the
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`principles of inherency, if the prior art necessarily functions in accordance with, or
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`includes the claimed limitations, it anticipates.
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`16.
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`I have been informed that a claim is invalid under 35 U.S.C. § 102(a)
`
`if the claimed invention was known or used by others in the U.S., or was patented
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`or published anywhere, before the applicant’s invention. I further have been
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`informed that a claim is invalid under 35 U.S.C. § 102(b) if the invention was
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`patented or published anywhere, or was in public use, on sale, or offered for sale in
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`this country, more than one year prior to the filing date of the patent application
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`(critical date). I have been informed that a claim is invalid under 35 U.S.C. § 102(e)
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`if an invention described by that claim was described in a U.S. patent granted on an
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`application for a patent by another that was filed in the U.S. before the date of
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`invention for such a claim.
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`Obviousness
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`17.
`
`I have been informed that a patent claim is invalid as “obvious” under
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`35 U.S.C. § 103 in light of one or more prior art references if it would have been
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`obvious to a POSITA, taking into account (1) the scope and content of the prior art,
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`(2) the differences between the prior art and the claims, (3) the level of ordinary
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`skill in the art, and (4) any so called “secondary considerations” of non-
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`obviousness, which include: (i) “long felt need” for the claimed invention, (ii)
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`commercial success attributable to the claimed invention, (iii) unexpected results
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`of the claimed invention, and (iv) “copying” of the claimed invention by others.
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`For purposes of my analysis above and because I know of no indication from the
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`patent owner or others to the contrary, I have applied a date of April 26, 2000, as
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`the date of invention in my obviousness analyses, although in many cases the same
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`analysis would hold true even at an earlier time than April 26, 2000.
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`18.
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`I have been informed that a claim can be obvious in light of a single
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`prior art reference or multiple prior art references. To be obvious in light of a
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`single prior art reference or multiple prior art references, there must be a reason to
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`modify the single prior art reference, or combine two or more references, in order
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`to achieve the claimed invention. This reason may come from a teaching,
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`suggestion, or motivation to combine, or may come from the reference or
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`references themselves, the knowledge or “common sense” of one skilled in the art,
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`or from the nature of the problem to be solved, and may be explicit or implicit
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`from the prior art as a whole. I have been informed that the combination of
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`familiar elements according to known methods is likely to be obvious when it does
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`no more than yield predictable results. I also understand it is improper to rely on
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`hindsight in making the obviousness determination.
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`OVERVIEW OF CONCLUSIONS FORMED
`19. This expert Declaration explains the conclusions that I have formed
`
`based on my analysis. To summarize those conclusions:
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`• Based upon my knowledge and experience and my review of the prior
`
`art publications listed above, I believe that claims 1-4, 7-11, 13-16,
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`and 19-23 of the ’407 patent are obvious over Brown.
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`• Based upon my knowledge and experience and my review of the prior
`
`art publications listed above, I believe that claims 1-4, 7-16, and 19-24
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`of the ’407 patent are obvious over Brown in view of Wecker.
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`• Based upon my knowledge and experience and my review of the prior
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`art publications listed above, I believe that claims 5-6 and 17-18 of the
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`’407 patent are obvious over Brown in view of Beer, and/or Brown
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`and Wecker in view of Beer.
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`• Based upon my knowledge and experience and my review of the prior
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`art publications listed above, I believe that claims 1-24 of the ’407
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`patent are obvious over Shimada in view of Buchholz.
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`BACKGROUND KNOWLEDGE ONE OF SKILL IN THE ART WOULD
`HAVE HAD PRIOR TO THE PRIORITY DATE OF THE ’407 PATENT
`20. A person of ordinary skill in the art (“POSITA”) relating to the
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`subject matter of the ’407 Patent would have had (1) a bachelor’s degree in
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`computer science, computer engineering, electrical engineering, or a related field,
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`and (2) at least three years of corresponding industry work experience. Additional
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`graduate education could substitute for professional experience, or significant
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`experience in the field could substitute for formal education. This definition is
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`consistent with the previous definition of a POSITA adopted in IPR2019-01279.
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`SAMSUNG-1012, Page 8.
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`21. Based on my experiences, I have a good understanding of the
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`capabilities of a POSITA. Indeed, I have taught, participated in organizations, and
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`worked closely with many such persons over the course of my career.
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`TECHNOLOGY OVERVIEW
`
`A. World Wide Web
`22. The World Wide Web, commonly referred to as the “Internet,” serves
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`as a repository for various forms of digital content. SAMSUNG-1005, see
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`generally 1:10-18. This content can be present within “Web Pages” hosted by
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`remote computers, known as “servers” or “web servers.” Id., see also 2:4-12.
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`Web pages can include various forms of content, including text, image, audio, and
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`video content. Id., 2:20-23. An example, period-correct, web page is provided
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`below. Personal computers, or “clients” can request to view web pages and receive
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`data hosted on server computers via the “Transfer Control Protocol/Internet
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`Protocol” or “TCP/IP.” SAMSUNG-1005, 2:13-18; SAMSUNG-1011, 88-92.
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`One example protocol that operates using TCP/IP is the “Hypertext Transfer
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`Protocol” or “HTTP.” SAMSUNG-1011, 88-92.
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`SAMSUNG-1011, 123
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`
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`B. Uniform Resource Identifiers (URI)
`23. To identify the location of a webpage or resource on the internet a
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`unique identifier known as a “Uniform Resource Identifier” or “URI” is used.
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`SAMSUNG-1011, 102-108. One of the most common forms of URI is the
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`“Uniform Resource Locator,” or “URL.” Id., 103. URLs are used, among other
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`things, to locate webpages or content on the Internet using HTTP and TCP/IP. Id.
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`An example URL syntax is provided below.
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`
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`SAMSUNG-1011, 103
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`C. Hyper Text Markup Language (HTML)
`24. One format for writing Web pages and documents is the “Hyper Text
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`Markup Language,” or “HTML.” SAMSUNG-1005, 18-28; SAMSUNG-1011,
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`70-86. HTML is a “platform independent” markup language, since it is
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`“recognized on all available computing platforms using available software.”
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`SAMSUNG-1011, 70. Said another way, HTML does not require anything beyond
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`commonly available browsers and viewers for interpretation (“without having to
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`pay for specific hardware and software with proprietary schemes”). Id. HTML
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`“elements” and “tags” describe how internet content is presented, and can include
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`controls for interacting with content (e.g., an “anchor tag” with a URL).
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`SAMSUNG-1011, 72-86, see also 223-232. An example set of HTML instructions
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`is provided below.
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`SAMSUNG-1005, 11:51-67
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`
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`D.
`Subscriptions
`25. The Internet is known to host various forms of in-demand digital
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`content, so systems have been created that are directed to providing “up-to-date”
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`information on a recurring basis (a “subscription”). SAMSUNG-1005, 13:1-13;
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`SAMSUNG-1006, 3:58-67, 2:1-13; SAMSUNG-1009, 1:13-26. One early example
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`of Internet subscriptions was the “PointCast” system first released to the public in
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`February, 1996. SAMSUNG-1017. PointCast was designed to “display regularly
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`updated news in place of a user’s more conventional screensaver” and included
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`categories for “News, Companies, Industries, Weather, Sports, and Lifestyle.” Id.
`
`As one example of data retrieved through a subscription, a user can be subscribed
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`to receive regular updates of information related to stocks. SAMSUNG-1005, FIG.
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`3A, SAMSUNG-1006, 10:48-55; SAMSUNG-1009, 1:13-20. One additional
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`example of a subscription service is Microsoft’s Channel Definition Format (CDF),
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`which is discussed by both Brown and Wecker. SAMSUNG-1005, 13:1-13;
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`SAMSUNG-1006, 3:3-16.
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`INTERPRETATIONS OF THE ’407 PATENT CLAIMS AT ISSUE
`
`26.
`
`I understand that, for purposes of my analysis in this inter partes
`
`review proceeding, the terms appearing in the patent claims should be interpreted
`
`according to their “broadest reasonable construction in light of the specification of
`
`the patent in which it appears.” 37 C.F.R. § 42.100(b). In that regard, I understand
`
`that the best indicator of claim meaning is its usage in the context of the patent
`
`specification as understood by a POSITA. I further understand that the words of
`
`the claims should be given their plain meaning unless that meaning is inconsistent
`
`with the patent specification or the patent’s history of examination before the
`
`Patent Office. I also understand that the words of the claims should be interpreted
`
`as they would have been interpreted by a POSITA at the time of the invention was
`
`made (not today). Because I do not know at what date the invention as claimed
`
`was made, I have used the earliest priority date of U.S. Patent No. 8,510,407 as the
`
`point in time for claim interpretation purposes. That date was April 26, 1999.
`
`27.
`
`I understand that the following terms should be interpreted as follows:
`
`“networked information monitor” (“NIM”)
`
`28.
`
`I understand that for the purposes of the present proceeding, this term,
`
`which appears in claims 1, 11, 13, and 23, should be construed to mean “a fully
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`configurable frame, with one or more controls, through which content is presented
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`to the user.” This definition is consistent with the use of the term
`
`in the
`
`specification of the ’407 patent. See, e.g., SAMSUNG-1001, 5:21-24 (“As used
`
`herein, the term networked information monitor or NIM refers to a fully
`
`configurable frame with one or more controls; the frame through which content
`
`is optionally presented”). Moreover, in IPR2019-01279, Patent Owner explained
`
`that “application media package” means “networked information monitor.”
`
`SAMSUNG-1012, Page 10-11. Thus, for purposes of this IPR, I have adopted
`
`Patent Owner’s construction of networked information monitor, which was
`
`adopted in IPR2019-01279. SAMSUNG-1012, Page 10-11; SAMSUNG-1014, *3-
`
`4.
`
`“networked information monitor template”
`
`29.
`
`I understand that for the purposes of the present proceeding, this term,
`
`which appears in claims 1-8, 10-16, and 22-24, should be construed to mean “a
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`data structure that defines the characteristics of a NIM, including the NIM frame,
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`view, and control characteristics, and that excludes executable
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`applications/compiled code.” This definition is consistent with the use of the term
`
`in the specification of the ’407 Patent. See, e.g., SAMSUNG-1001, 6:66-67, 7:1-2
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`(“Each NIM template defines the characteristics of a specific NIM, including fully
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`configurable frame characteristics, viewer and control characteristics, and NIM
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`content references.”). Moreover, the ’407 Patent states, “NIMs allow a developer
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`to provide an application feel without developing custom client applications.” Id.,
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`26:38-40. According to Patent Owner in IPR2019-01279, a networked information
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`monitor template “is not compiled code, and cannot be an executable application or
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`applet.” SAMSUNG-1012, Page 12. Thus, for purposes of this IPR, I have
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`adopted Patent Owner’s construction of networked information monitor template,
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`which was adopted in IPR2019-01278. SAMSUNG-1012, Page 13-14;
`SAMSUNG-1014, *3-4.
`ANALYSIS OF BROWN AND WECKER
`Brown
`30. Brown describes “a method of creating a composite desktop built
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`from Web content retrieved from one or more Web sites.” SAMSUNG-1005,
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`Abstract. Brown’s composite desktop includes components, which can be “a static
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`image or an active desktop component providing dynamic content.” Id.
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`SAMSUNG-1005, FIG. 3A (annotated)
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`31. As shown in FIG. 3A (above), Brown’s “composite desktop 302
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`includes one or more desktop components,” where each “desktop component is a
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`distinct geometric region that displays a single piece of Web-based content.”
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`SAMSUNG-1005, 7:21-23. Brown describes that “the component may be selected
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`from a Web page, within which the component is embedded.” SAMSUNG-1005,
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`7:40-41.
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`32. Brown also describes desktop component instructions, which “include
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`a URL specifying an Internet location where additional HTML code corresponding
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`to the active desktop component 308 resides.” SAMSUNG-1005, 13:1-4. In some
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`cases, these HTML instructions include “a URL corresponding to a CDF file.” Id.,
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`13:4-5. Brown explains that Channel Definition Format (CDF) “files are used to
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`implement ‘subscriptions’ in which information is regularly retrieved and updated
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`within the active desktop component 308,” noting that “[t]he use of CDF files is
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`known to those skilled in the art of Web page construction.” Id., 13:5-9.
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`Wecker
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`33. Wecker describes “a method for rendering
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`information,”
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`the
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`information including “a content structure file, a data file and a script file.”
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`SAMSUNG-1006, Abstract. Wecker describes that “the content structure file is
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`read to ascertain which script in the script file is associated with data to be
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`rendered.” Id. Thereafter, “[t]he data from the data file is retrieved and the
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`associated script file is executed to render the data.” Id.
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`SAMSUNG-1006, FIG. 1 (annotated)
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`SAMSUNG-1006, FIG. 6 (annotated)
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`34. Wecker describes that “the content is provided in a standard format,
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`such as HTML, JPEG, GIF, WAV, etc.” and that “[t]he web content is also
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`preferably described in a content structure file also known commonly as a channel
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`definition format (CDF) file.” SAMSUNG-1006, 3:2-6. Wecker further describes
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`that:
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`“a single portion of content (such as a web page or a web site) is
`referred to herein as a mobile channel. A mobile channel is a self describing
`web site that contains all the information necessary for efficient download of
`web content to mobile device 18. Three components are provided in a
`preferable mobile channel. The components include a channel definition
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`format (CDF) file, a set of script files to render the channel, and a set of data
`files to be rendered.” SAMSUNG-1006, 3:6-14.
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`Motivation to combine Brown and Wecker
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`35.
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`I believe that a POSITA would have found it obvious to combine
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`Brown and Wecker (collectively the “Brown-Wecker combination”). Among
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`other things, both Brown and Wecker are generally directed to “accessing and
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`viewing internet content” and further describe the use of Microsoft’s channel
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`definition format (CDF) to implement subscriptions to internet content, with
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`Brown explicitly directing the reader toward additional references that discuss
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`CDF. SAMSUNG-1005, Abstract, 13:4-13, 13:39-44; SAMSUNG-1006, Abstract,
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`3:1-16. Given the similarity of the disclosures, and spurred by Brown’s directive,
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`a POSITA would have found it obvious to consider Wecker’s disclosure in the
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`context of Brown’s system for multiple reasons. For example, a POSITA would
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`have found it obvious to leverage Wecker’s disclosure of a cache to store HTML
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`style templates. A POSITA also would have found it obvious that Brown’s
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`desktop components could be implemented as mobile channels, such that a user
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`could download desktop components, and their associated HTML instructions, to
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`their composite desktop. SAMSUNG-1005, 7:21-23; SAMSUNG-1006, 3:6-14.
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`36.
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`I believe a POSITA would have been motivated to combine Brown
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`and Wecker for various reasons, outlined below.
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`37. First, a POSITA would have recognized that Wecker’s mobile channel
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`“script files,” also referred to as “templates,” are data structures that are similar in
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`objective to the “HTML instructions” that define Brown’s “desktop components.”
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`SAMSUNG-1005, 12:61-62; SAMSUNG-1006, 3:17-20.
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` Indeed, Wecker
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`describes that “the users of desktop 16 can preferably subscribe to channels in a
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`standard fashion which provide the user with certain channel content” and that the
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`desktop can “periodically retrieve or receive new and updated script, data and CDF
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`files.” SAMSUNG-1005, 3:63-66, 4:3-6. I believe that a POSITA would have
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`recognized or found obvious that the “desktop,” as contemplated by Wecker,
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`would have possessed similar features to the “composite desktop” of Brown and
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`that these features of Wecker’s desktop could be incorporated into Brown with a
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`reasonably high expectation of success.
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`38. A POSITA would have been prompted to pursue this combination
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`because doing so is merely the application of known techniques (e.g., rendering
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`content using templates/script files) to a known structure (e.g., Brown’s composite
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`desktop) to yield predictable results. Moreover, both Brown and Wecker describe
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`the Windows 95 operating system as a suitable operating system that can
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`implement their techniques. SAMSUNG-1005, 6:26-32; SAMSUNG-1006, 8:15-
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`21. Finally, both Brown and Wecker are assigned to the “Microsoft Corporation”
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`and, therefore, a POSITA would have reasonably expected their techniques to be
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`compatible as the assignee would have been motivated by business reasons to
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`provide commonality between
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`their products.
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` SAMSUNG-1005, Cover;
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`SAMSUNG-1006, Cover. In view of the above, I believe that a POSITA would
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`have had a reasonable expectation of success in implementing Wecker’s
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`techniques into the disclosure of Brown.
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`39. Second, a POSITA would have recognized or found obvious that,
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`because Brown’s desktop components are retrieved from “remote computers,”
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`such components could also be accessed via Wecker’s “wireless push server” or
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`“remote computer.” SAMSUNG-1005, 4:16-21; SAMSUNG-1006, 3:34-38, 7:55-
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`63. In fact, Wecker describes that a “user typically runs the same types of
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`applications on both the desktop computer and on the mobile device.”
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`SAMSUNG-1006, 1:39-44. A POSITA would have recognized or found obvious
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`from this disclosure that the “composite desktop” taught by Brown would have
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`been compatible with certain features of the interfaces running on mobile devices,
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`as contemplated by Wecker. SAMSUNG-1005, 4:13-19. Indeed, Brown describes
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`that its techniques may be practiced in “other computer system configurations,
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`including hand-held devices.” SAMSUNG-1005, 4:44-49.
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`40. A POSITA would have been prompted to pursue this combination
`