Case 5:19-cv-00036-RWS Document 161-2 Filed 12/09/19 Page 1 of 115 PageID #: 6293
`Case 5:19-cv-00036—RWS Document 161-2 Filed 12/09/19 Page 1 of 115 PageID #: 6293
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`EXHIBIT A
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`EXHIBIT A
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`Case 5:19-cv-00036-RWS Document 161-2 Filed 12/09/19 Page 2 of 115 PageID #: 6294
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`vs.
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`APPLE INC.,
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` Civil Action No. 5:19-cv-00036-RWS
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`Defendant.
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`DECLARATION OF DR. DANIEL A. MENASCE IN SUPPORT OF
`APPLE INC.’S PROPOSED CLAIM CONSTRUCTIONS
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`Case 5:19-cv-00036-RWS Document 161-2 Filed 12/09/19 Page 3 of 115 PageID #: 6295
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`I, Daniel A. Menascé, declare and state as follows:
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`I.
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`INTRODUCTION
`1.
`My name is Dr. Daniel A. Menascé. I am a Professor of Computer Science at
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`George Mason University. I am over the age of eighteen, and I am a citizen of the United States.
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`2.
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`I have been retained by defendant Apple Inc. (“Apple” or “Defendant”) in
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`connection with civil action Maxell, Ltd. v. Apple Inc., Case No. 5:19-cv-00036-RWS (E.D.
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`Texas), to provide my opinions regarding technical background, level of ordinary skill in the art,
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`and other subject-matter relevant to interpretation of certain disputed claim terms in the asserted
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`claims of U.S. Patent Nos. 6,329,794 (the “’794 patent”) and 7,116,438 (the “’438 patent”).
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`3.
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`I have been asked to provide my opinions on the following topics: (1) the
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`technology relevant to the ’794 and ’438 patents; (2) the state of the art at the time the relevant
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`patent applications were filed; (3) the level of ordinary skill in that field as of the filing dates of
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`the applications that issued as the ’794 and ’438 patents; (4) how those of ordinary skill in the art
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`at the time of the invention would have understood statements made by the patentee during
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`prosecutions of the ’794 and ’438 patents; and (5) how those of ordinary skill in the art at the
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`time of the invention would understand certain terms used in the claims of the ’794 and ’438
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`patents.
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`4.
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`My opinions expressed in this declaration rely on my own personal knowledge
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`and experience. However, where I also considered specific documents or other information in
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`formulating the opinions expressed in this declaration, such items are referred to in this
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`declaration. This includes, but is not limited to, the ’794 and ’438 patents, their prosecution
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`histories (including, if applicable, inter partes review proceedings before the Patent Trial and
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`Appeal Board), prior art references cited during prosecution, Maxell Ltd. v. Huawei Device USA
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`Inc. et al., Case No. 5:16-cv-00178-RWS, Dkt. No. 175, Claim Construction Memorandum and
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`1
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`Order (January 31, 2018), and certain dictionaries and other extrinsic evidence cited by Apple
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`and/or Maxell as part of their claim construction disclosures.
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`II.
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`QUALIFICATIONS
`5.
`I am a University Professor of Computer Science at George Mason University
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`(“Mason”) in Fairfax, Virginia. I have been informed that “University Professor” is the highest
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`rank conferred by Mason’s President and Board of Visitors to “its faculty women and men of
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`great national or international reputation. The rank of University Professor is reserved for such
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`eminent individuals.” See Section 2.2.5 of Mason’s Faculty Handbook, available from
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`https://provost.gmu.edu/administration/policy. I am honored to be among a very select group of
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`Full Professors at Mason to become University Professors.
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`6.
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`I received a Ph.D. in Computer Science from the University of California at Los
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`Angeles (“UCLA”) in 1978. I obtained a Master of Science degree in Computer Science in
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`1975, as well as a Bachelor of Science degree in Electrical Engineering in 1974, both from the
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`Pontifical Catholic University in Rio de Janeiro, Brazil (“PUC-Rio”).
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`7.
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`I have been a Professor of Computer Science at Mason since 1992. Prior to
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`joining Mason, from 1978-1992, I was Professor of Computer Science and Chair of the
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`Computer Science Department at PUC-Rio. During this time, I have also held visiting faculty
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`positions at the University of Maryland Institute for Advanced Computer Studies (“UMIACS”),
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`University of Maryland, College Park, and at the University of Rome, Italy. From 1981 to 1991,
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`I was the co-founder and CEO of Tecnosoft, a software company that specialized in the
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`development of large computerized information systems for companies such as Brazilian oil
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`company Petrobras and Brazilian telecommunications company Embratel. I designed and
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`personally directed the development of these information systems for these and other customers.
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`Tecnosoft also developed and commercialized two database management systems and a software
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`system for capacity planning and Service Level Agreement (“SLA”) prediction of computer
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`systems.
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`8.
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`I have devoted the past 45 years of my professional career to the area of computer
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`science and in particular to the fields of self-managed systems, secure computer systems,
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`distributed systems, electronic commerce, Web-based systems, database design and
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`management, performance modeling and analysis, service-oriented architectures, software
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`performance engineering, and operating systems. My field of expertise includes the study and
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`comparison of computer-based systems and software architectures for commercial applications,
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`including information systems in a variety of settings, from PCs to secure networked and Web-
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`based environments.
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`9.
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`Since 1999 I have been conducting research on self-managed computer systems
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`(aka autonomic computer systems). These systems use sophisticated controllers that allow
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`computer systems to self-configure, self-optimize, self-heal from failures, and self-protect from
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`cyber attacks without human intervention. I have designed, implemented, and validated the
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`efficiency of such controllers for a variety of systems including e-commerce sites, multi-tiered
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`web sites, Internet data centers, distributed software systems, virtualized environments, smart
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`manufacturing, and energy-preserving computer systems. The National Science Foundation, the
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`US Air Force Office of Scientific Research, and the National Institute of Standards and
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`Technology funded my research in this area.
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`10.
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`I have also conducted research on the security of computer systems, having
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`analyzed the security performance tradeoffs of isolated and networked computer systems. See
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`e.g., “Security Performance,” D.A. Menascé, IEEE Internet Computing, May/June 2003, vol. 7,
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`no. 3 and chapter 5 (A Quantitative Analysis of Authentication Services) of my book “Scaling
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`for E-Business: Technologies, Models, Performance, and Capacity Planning,” D. A. Menascé,
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`V.A.F. Almeida, and L.W. Dowdy, Prentice Hall, 2000, ISBN 0-13-086328-9. I have published
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`many papers, taught classes, and advised ten PhD students in the area of security, authentication,
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`secure protocols, and many other aspects of computer security. Additionally, I am a co-inventor
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`with a former student of mine of patent US 8,086,744 B2, titled “Meta-Protocol,” that deals with
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`the automatic generation of source code for communication and security protocols.
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`11.
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`During my time at Mason, I was the lead designer of Mason’s Executive Master
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`of Secure Information Systems, the Founding Director of its Master of Science in E-commerce
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`program, and the founding co-Director of Mason’s E-Center for E-Business.
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`12.
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`From 2005 to 2012, I was the Senior Associate Dean of the Volgenau School of
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`Engineering at Mason (“School of Engineering”). As Senior Associate Dean, I was in charge of
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`research, graduate programs, graduate admissions, promotion and tenure of the faculty, and Web
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`information systems for the entire School of Engineering. As Senior Associate Dean of the
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`School of Engineering, I was also the director of the school’s Ph.D. degree program in
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`Information Technology. In that role, I attended all doctoral dissertation defenses to make a final
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`determination whether the doctorate should be awarded before appending my signature.
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`13.
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`During my academic career, I have taught a variety of courses at the graduate and
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`undergraduate level including Computer Systems Architecture, Autonomic Computing, Secure
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`Electronic Commerce, Computer Networks, and Operating Systems. I have also been the
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`dissertation advisor of 32 Ph.D. students and 52 M.S. students.
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`14.
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`I am the author of more than 270 peer-reviewed technical papers that have
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`appeared in journals and conference proceedings. My publications have received over 12,000
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`citations and I was informed that my h-index is 52. (The h-index is an index that attempts to
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`measure both the productivity and impact of the published work of a scientist or scholar. The
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`index is based on the set of a scientist’s most cited papers and the number of citations that they
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`have received in other publications.)
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`15.
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`I have received several lifetime achievement awards and recognitions, including
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`elevation to the rank of Fellow of the Institute of Electrical and Electronics Engineers (“IEEE”)
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`for “contributions to research and education in performance evaluation of computer systems”;
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`induction as a Fellow of the Association of Computing Machinery (“ACM”) for “fundamental
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`contributions to education and practice of computer networks and performance evaluation, and
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`material contributions to the establishment of a strong computing industry in Brazil”; the 2017
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`statewide Outstanding Faculty Award from the state of Virginia (a competition among all faculty
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`members of all disciplines in all public and private higher education institutions of Virginia); the
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`2001 A.A. Michelson Award, a lifetime achievement award given by the Computer
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`Measurement Group, for my contributions to computer metrics; the 2009 Outstanding Research
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`Faculty award by Mason’s School of Engineering; the 2000 Teaching Excellence award from
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`Mason; the 1999 Outstanding Teaching award from Mason’s School of Engineering; and
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`numerous best paper awards.
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`16.
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`The external funding for my research exceeds $7.6 million and has been provided
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`by the United States Department of Defense Advanced Research Projects Agency (“DARPA”),
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`the United States Air Force Office of Scientific Research (“AFOSR”), the United States National
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`Aeronautics and Space Administration (“NASA”), the National Science Foundation (“NSF”), the
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`National Geospatial-Intelligence Agency (“NGA”), the National Institute of Standards and
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`Technology (“NIST”), Dominion Virginia Power, Virginia’s Center for Innovative Technology
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`(“CIT”), OPNET Technologies, TRW, Hughes Applied Information Systems, the Embratel, the
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`Brazilian Research Council (“CNPq”), the Brazilian Ministry of Science and Technology, and
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`IBM Brazil.
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`17.
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`I have consulted for many government organizations and private companies,
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`including the U.S. Army, NASA, the U.S. Mint, the Defense Information Systems Agency
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`(“DISA”), the Ballistic Missile Defense Organization, the National Institutes of Health, IBM,
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`SABRE (travelocity.com), United Online (netzero.com), Lockheed Martin, Capital One, and the
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`Inter-American Development Bank.
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`18.
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`I have experience with the design of complex data-intensive distributed
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`information systems in the commercial arena through Tecnosoft, the company I founded and
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`managed from 1981 to 1991, and in the scientific domain where I helped NASA design the
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`federated architecture of its Earth Orbiting System Data and Information System (“EOSDIS”).
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`For the latter work, I received the outstanding paper award from the IEEE International
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`Conference on Engineering of Complex Computer Systems, Southern Florida, USA, November
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`6-10, 1995, for the paper “A Performance-Oriented Design Methodology for Large-Scale
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`Distributed Data Intensive Information Systems.”
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`19.
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`I have been invited to give keynote addresses at several conferences, universities,
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`and companies around the world. Examples include:
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`• “Taming Complexity through Self-Managed Systems,” joint keynote address to
`the 21st Intl. Conf. Enterprise Information Systems and the 14th Intl. Conf.
`Evaluation of Novel Approaches to Software Engineering, Heraklion, Crete,
`Greece, May 5th, 2019.
`• “Resource Optimization for IaaS and SaaS Providers,” Invited Talk, International
`Computer Measurement Group Conference, San Antonio, TX, November 3, 2015;
`• “Autonomic Computing: a new design principle for complex systems,” Gran
`Sasso Science Institute, L'Aquila, Italy, May 26, 2015;
`• “On the Use of Performance Models in Autonomic Computing,” Congress of the
`Brazilian Computer Society, Curitiba, Brazil, July 18, 2012;
`• “Self-Architecting Software Systems,” University at Buffalo, September 20,
`2011;
`• “Virtualization and the On-Demand Data Center,” Green Computing Summit,
`Washington, DC, December 3, 2008;
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`• “Achieving QoS in Complex Distributed Systems through Autonomic
`Computing,” Alcatel Technical Academy, Antwerp, Belgium, October 3, 2005;
`• “Quality of Service Challenges for Web Based Systems and E-commerce,” E-
`Quality Research Center, University of Twente, The Netherlands, September 30,
`2005;
`• “On the Use of Online Performance Models in Autonomic Computing,” IBM
`Watson Research Center, Hawthorne, NY, July 15, 2004;
`• “QoS Challenges and Directions for Large Distributed Systems,” Workshop on
`Quality of Service for Geographically Distributed Systems, Rome, Italy, June 9,
`2004;
`• “Self-Managing E-commerce Sites,” WWW/Internet 2003 IADIS International
`Conference, November 6, 2003, Algarve, Portugal;
`• “Software, Performance, or Engineering?” Third International Workshop on
`Software and Performance (WOSP 2002), July 24-26, 2002, Rome, Italy;
`• “QoS Issues in Web and E-commerce Services,” Distinguished Lecturer Series,
`Computer Science and Engineering Division, University of Michigan, October 25,
`2001;
`• “Using Performance Models to Dynamically Control E-Commerce Performance,”
`2001 Aachen International Multiconference on Measurement, Modeling, and
`Evaluation of Computer-Communication Systems, Aachen, Germany, September
`12, 2001; and
`• “Understanding Workloads in E-Business,” Microsoft Research, Seattle, WA,
`May 1, 2001.
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`20.
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`I was the General Chair of the 2007 Federated Computing Research Conference
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`(“FCRC”) held in June 2007 in San Diego. I was informed that this conference is the largest and
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`most prestigious event in the field of computer science research and includes sixteen co-located
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`conferences and many workshops with a total attendance of more than 2,000 researchers.
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`21.
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`I am a member of the editorial board of ACM’s Transactions on Internet
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`Technologies, of ACM Transactions on Autonomous and Adaptive Systems, of Elsevier’s
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`Performance Evaluation Journal. I was an Associate Editor of ACM’s Transactions on the Web
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`(“TWEB”) journal, an Associate Editor of Elsevier’s Electronic Commerce Research and
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`Applications journal, and a member of the Editorial Board of IEEE’s Internet Computing for
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`many years.
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`22.
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`I am “top secret” qualified and currently cleared at the “secret” level by the U.S.
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`Department of Defense.
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`23. My detailed educational history and work experience are set forth in my
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`curriculum vitae, attached hereto as Appendix A. Included in my curriculum vitae is a listing of
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`all my publications. The list of litigation matters in which I have been engaged can be found in
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`my CV. In addition, I am the co-inventor of a U.S. patent entitled “Meta-Protocol” and of the
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`pending U.S. patent application entitled “System and Method for Managing Insider Security
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`Threats,” both of which are also listed in my CV.
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`24. My analyses set forth in this declaration are informed by my experience in the
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`field of computer science. Based on my above-described experience in the field of computer
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`science, I believe that I am considered to be an expert in the field. Also, based on my
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`experiences, I understand and know of the capabilities of persons of ordinary skill in this field
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`during the early 2000s and specifically during the time before the priority dates of the ’794 and
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`’438 patents, and I taught, participated in organizations, and worked closely with many such
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`persons during that time frame.
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`25.
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`I am being compensated at my usual rate of $650 per hour, plus reimbursement
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`for expenses, for my analysis. My compensation does not depend on the content of my opinions
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`or the outcome of this proceeding.
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`III. LEGAL STANDARDS
`26.
`I am not a legal expert or an attorney, and offer no opinions on the law. I
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`understand that claim construction is a matter of law. However, I have been informed by counsel
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`of the legal standards that apply to claim construction, and I have applied them in arriving at my
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`conclusions.
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`27.
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`I have been informed that the words of a claim are generally given the ordinary
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`and customary meaning that the term would have to a person of ordinary skill in the art at the
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`time of the invention. I understand that there are exceptions to this general rule if: (1) the
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`patentee, in the specification or prosecution history, defined a claim term to have a meaning
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`different from its ordinary meaning, or (2) the patentee disclaimed or disavowed patent scope in
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`the specification or prosecution history.
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`28.
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`I have been informed that to determine how a person of ordinary skill would
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`understand a claim term, courts may consider both “intrinsic” and “extrinsic” evidence. I
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`understand that courts look first to the intrinsic evidence of record, which includes the patent
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`itself (including the claims, specification, and drawings) and its prosecution history. I also
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`understand that courts may consider extrinsic evidence, such as expert and inventor testimony,
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`dictionaries, and learned treatises.
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`29.
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`I have been informed that a person of ordinary skill in the art is deemed to read
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`the claim term not only in the context of the particular claim in which it appears but also in the
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`context of the entire patent, including the specification, drawings, and prosecution history.
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`30.
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`I have been informed that a term must be interpreted with a full understanding of
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`what the inventors actually invented and intended to include within the scope of the claim as set
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`forth in the patent itself. Thus, claim terms should not be broadly construed to encompass
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`subject matter that is technically within the broadest reading of the term but is not supported
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`when the claims are viewed in light of the invention described in the specification. I have also
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`been informed that when a patent specification repeatedly and consistently characterizes the
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`claimed invention in a particular way, it is proper to construe the relevant claim terms in
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`accordance with that characterization.
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`31.
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`I have been informed that the prosecution file history of the patent provides
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`additional evidence of how both the Patent Office and the inventors understood the terms of the
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`patent, particularly in light of what was known in the prior art. I understand that arguments and
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`amendments made during prosecution may further require a narrow interpretation of a claim
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`term, even if that term is used more broadly in the specification.
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`32.
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`I have been informed that a patent must be precise enough to afford clear notice
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`of what is claimed and apprise the public of what subject matter is still open to them in a manner
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`that avoids uncertainty. I understand that a claim term is indefinite if, when the term is viewed in
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`light of the specification and prosecution history, it fails to inform one skilled in the art about the
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`scope of the invention with reasonable certainty. The definiteness requirement must take into
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`account the inherent limitations of language; reasonable certainty in light of the subject matter,
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`and not absolute precision, is required.
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`33.
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`I have been informed that a claim element may be expressed as a means or step
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`for performing a specified function without recital of structure, material, or acts in support
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`thereof, and that such a claim shall be construed to cover the corresponding structure, material,
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`or acts described in the specification and equivalents thereof. I have been informed that if a
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`claim element contains the word “means” and recites a function, that element is presumed to be a
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`“means-plus-function” limitation. Further, I also understand that when a claim element fails to
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`describe sufficiently definite structure or recites function without reciting sufficient structure for
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`performing that function, that claim element should be construed as a “means-plus-function”
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`limitation. I have also been informed that a coined term that is simply an abstraction that
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`describes the function being performed is not sufficient structure to avoid” the means-plus-
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`function treatment.
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`34.
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`I have been informed that the proper construction of a “means-plus-function”
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`claim limitation is governed by pre-AIA 35 U.S.C. § 112, ¶ 6, which provides:
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`An element in a claim for a combination may be expressed as a means or step
`for performing a specified function without the recital of structure, material,
`or acts in support thereof, and such claim shall be construed to cover the
`corresponding structure, material, or acts described in the specification and
`equivalents thereof.
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`35.
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`I have been informed that when a claim term does not recite the structure
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`associated with a given function, the term is limited to the corresponding structure provided in
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`the specification. I have been informed that when the functionally recited claim limitation
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`involves a computer-implemented function, the corresponding structure is the processing
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`element programmed to execute the algorithm disclosed in the specification for performing that
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`function.
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`IV.
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`LEVEL OF ORDINARY SKILL IN THE ART
`36.
`I have been informed that the factors that may be considered in determining the
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`ordinary level of skill in the art include: (1) the types of problems encountered in the art, (2) the
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`prior art solutions to those problems, (3) the rapidity with which innovations are made, (4) the
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`sophistication of the technology, and (5) the educational level of active workers in the field.
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`37.
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`I have been asked to provide an opinion as to the level of ordinary skill in the art
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`for the ’794 and the ’438 patents.
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`38.
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`Based on my review of the ’794 patent and its prosecution history, and based on
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`my years of experience in power supply and control systems, my opinion is that a person of
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`ordinary skill in the art at the priority date of the ’794 patent would have had a Bachelor of
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`Science degree in an Engineering discipline relevant to the technology area of the ’794 patent
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`that involves coursework relating to power supply, control systems, or related technologies (e.g.,
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`Electrical Engineering, Computer Engineering, Computer Science, Chemical Engineering, or
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`equivalent) with at least two years of experience in power supply, control systems, or related
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`technologies. Additional education may substitute for lesser work experience and vice-versa.
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`39.
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`Based on my review of the ’438 patent and its prosecution history, and based on
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`my years of experience in computer systems and computer networks, my opinion is that a person
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`of ordinary skill in the art at the priority date of the ’438 patent would have received a Bachelor
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`of Science degree in an engineering discipline relevant to the technology area of the ’438 patent
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`that involves coursework relating to computer systems, computer networks, or related
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`technologies (e.g., in Electrical Engineering, Computer Engineering, Computer Science, or
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`equivalent) with at least two years of experience in computer systems and computer networks or
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`related technologies. Additional education may substitute for lesser work experience and vice-
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`versa.
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`40.
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`At the priority date of the ’794 and ’438 patents, I would have qualified as a
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`person of ordinary skill in the art under the definitions I provided above. As discussed in Section
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`II above, by 1978 I had received a Ph.D. in Computer Science, a Master of Science degree in
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`Computer Science, and a Bachelor of Science degree in Electrical Engineering. Moreover, as set
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`forth in Section II, by the dates of the ’794 and ’438 patents I had spent many years working,
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`researching, and teaching in areas related to control systems, computer systems, and computer
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`networks. The opinions expressed in this declaration would not change if the level of experience
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`varied by a few years.
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`V.
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`THE ’794 AND ’438 PATENTS
`41.
`The title of the ’794 patent is “Information Processing Device and Method for
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`Controlling Power Consumption Thereof.” The face of the ’794 patent indicates that it was filed
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`on September 7, 2000 and claims priority to a Japanese application filed on May 22, 2000. For
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`purposes of this declaration, I have been asked to apply May 22, 2000 as the priority date of the
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`’794 patent. The ’794 patent relates generally to power management, more specifically to methods
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`for controlling power consumption in a battery operable information processing device. ’794 patent
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`at 1:6–11.
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`42.
`
`The Abstract of the ’794 patent describes the claimed invention: “A power supply
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`section includes a capacity detector capable of detecting the remaining capacity in a battery and a
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`controller issuing power consumption reduction instructions to independently operable function
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`devices based on usage priorities thereof.” “The object of the present invention is to provide an
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`information processing device that can maintain power in a prioritized manner to independent
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`function devices with higher usage priorities.” ’794 patent at 1: 49-52.
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`43.
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`The ’794 patent allows priority levels to be set for individual function devices in
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`the information processing device. ’794 patent at 2:21–27, 3:57–4:12, Figs. 8, 9. The
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`information processing device of the ’794 patent then controls the power consumption by turning
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`off power to individual function devices based on the priority levels set for the function devices
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`and the remaining battery capacity. In this manner, a function device with lower usage priority
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`can be turned off when a first battery capacity is reached, while a function device with higher
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`usage priority remains powered. This enables function devices with higher priority to be
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`operated for a longer period of time. ’794 patent at 5:17–27.
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`44.
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`Figure 1 of the ’794 patent (reproduced below) is a “drawing showing the
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`architecture of a power supply section of an embodiment of the present invention.” ’794 patent at
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`2:44-45.
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`45.
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`Figure 1 is further described in the specification:
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`“In FIG. 1, powers supply section 101 supplies power to the various functions
`in an information processing device. The power supply section 101 includes:
`a battery 102 such as a primary battery or a secondary battery; a power
`stabilizer/charging controller 103 stabilizing power supplied by the battery
`and, if the battery 102 is a secondary battery, controlling charging; a
`changeover controller A 104 capable of switching between activation and
`stopping of power to a function device 1 and a function device 2; a
`changeover controller B 105 capable of switching between activation and
`stopping of power to the function device 1; a capacity detector 107 detecting
`the remaining capacity of the battery; and a controller 108 controlling the
`changeover controllers A, B and sending power consumption reduction
`instructions to the function devices 1, 2. The power supply section 101 is
`connected to: a function setting controller 106 capable of selecting and setting
`up operations of the capacity detector 107, the controller 108, and the like; an
`external power supply 109 such as an AC adapter; and a function device 1
`110 and a function device 2 111 implementing functions of the information
`processing device.”
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`’794 patent at 3:23-44.
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`46.
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`The ’794 patent has two independent claims: claims 1 and 9.
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`47.
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`Claim 1 of the ’794 patent is directed to an information processing device
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`comprising: (a) at least two function devices equipped with independent functions and (b) a
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`power supply circuit for supplying power to each of the function devices. The power supply
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`circuit includes a battery, a capacity detector for detecting the remaining capacity of the battery
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`and a controller for controlling the operation of the function devices based on the remaining
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`capacity of the battery. The capacity detector detects two levels NA and NB (where NA > NB)
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`of remaining battery capacity. Function devices with lower priority usage are sent a power
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`consumption reduction instruction by the capacity detector if the remaining capacity level NA is
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`detected. The other devices are sent a power consumption reduction instruction when the
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`remaining capacity level NB is detected. Thus, lower priority function devices are instructed to
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`reduce their power consumption at higher levels of battery capacity (i.e., NA) than the other
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`function devices, which are instructed to reduce their power consumption at lower levels of
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`battery capacity (i.e., NB). Claims 2-8 of the ’794 patent depend on claim 1.
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`48.
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`Claim 9 of the ’794 patent is directed to an information processing device
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`comprising: (a) component devices performing different functions in the device, each said
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`component having a corresponding power supply, (b) a battery supplying power, (c) a capacity
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`detector detecting a remaining battery capacity of said battery, and (d) a capacity detector
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`sending a power consumption reduction instruction to the component devices that have a lower
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`priority usage when the capacity detector detects a first reference level NA and sending a power
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`consumption reduction instruction to the other component devices when the capacity detector
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`detects a second reference level NB such that NA > NB. Claims 10-14 depend on claim 9.
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`49.
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`The title of the ’438 patent is “Terminal for Information Processing.” The face of
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`the ’438 patent indicates that it was filed on December 30, 2003 and claims priority to a Japanese
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`application filed on May 22, 2003. For purposes of this declaration, I have been asked to apply
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`May 22, 2003 as the priority date of the ’438 patent. The first sentence of the Abstract of the
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`’438 patent describes the claimed invention as “An electronic notice-board system for allowing
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`information to be contributed to an electronic notice board.”
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`50.
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`The electronic notice-board system has “an information processing terminal in
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`addition to a display apparatus. ’438 at 1:11-12. The ’438 patent indicates that the information
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`processing terminal and the display apparatus communicate through two types of