`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 9,019,838
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`AMX
`Exhibit 1009-00001
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`Declaration of Rich Seifert
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`TABLE OF CONTENTS
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`I. Introduction ..........................................................................................................1
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`II. Background/Qualifications .................................................................................1
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`III. Documents and Materials Considered ...............................................................2
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`IV. Legal Principles .................................................................................................2
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`V. State of the Art ....................................................................................................9
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`VI. Claim Construction ..........................................................................................11
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`VII. Person of Ordinary Skill in the Art .................................................................11
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`VIII. Prior Art .........................................................................................................12
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`A. Katzenberg .............................................................................................. 12
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`B. De Nicolo References ............................................................................. 12
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`1. Overview ...................................................................................... 12
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`2. Reasons to Combine the De Nicolo References ........................... 13
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`IX. ’838 Patent .......................................................................................................16
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`A. Summary of the ’838 Patent ................................................................... 16
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`B. Challenged Claims .................................................................................. 17
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`X. Invalidity Analysis of ’838 Patent ....................................................................19
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`A. The challenged claims are invalid based on Katzenberg. ....................... 19
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`1. Independent Claim 1 .................................................................... 19
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`a. “A central piece of network equipment” ............................ 19
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`b. “at least one Ethernet connector comprising
`first and second pairs of contacts used to
`carry BaseT Ethernet communication
`signals” ........................................................................... 22
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`i
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`AMX
`Exhibit 1009-00002
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`Declaration of Rich Seifert
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`c. “the central piece of network equipment to
`detect different magnitudes of DC current
`flow via at least one of the contacts of the
`first and second pairs of contacts” .................................. 24
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`d. “[the central piece of network equipment] to
`control application of at least one electrical
`condition to at least one of the contacts of
`the first and second pairs of contacts in
`response to at least one of the magnitudes of
`the DC current flow” ...................................................... 27
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`2. Claim 2: “wherein the different magnitudes of DC current
`flow are part of a detection protocol” ....................................... 29
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`3. Claim 7: “wherein the central piece of network equipment
`to provide at least one DC current via at least one of the
`contacts of the first and second pairs of contacts and to
`detect distinguishing information within the DC current
`via the at least one of the contacts of the first and
`second pairs of contacts” .......................................................... 30
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`4. Claim 26: “wherein the central piece of network
`equipment to distinguish one end device from at least
`one other end device based on at least one of the
`magnitudes of the DC current flow” ......................................... 33
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`5. Claim 29: “wherein the central piece of network
`equipment to distinguish one network object from at
`least one other network object based on at least one of
`the magnitudes of the DC current flow” ................................... 34
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`6. Claim 38: “wherein the central piece of network
`equipment comprises at least one DC supply” ......................... 34
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`7. Claim 40: “wherein the central piece of network
`equipment to control application of the at least one DC
`power signal” ............................................................................ 35
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`8. Claim 47: “wherein the at least one electrical condition
`comprises at least one voltage condition” ................................ 36
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`ii
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`AMX
`Exhibit 1009-00003
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`
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`Declaration of Rich Seifert
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`9. Claim 55: “wherein the different magnitudes of DC
`current flow comprise a first magnitude followed by a
`second magnitude” ................................................................... 36
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`10. Claim 69: “wherein the at least one magnitude of DC
`current flow is used by the central piece of network
`equipment to control application of at least one DC
`power signal” ............................................................................ 36
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`B. The challenged claims are invalid based on the De Nicolo
`references. ........................................................................................... 36
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`1. Independent Claim 1 .................................................................... 36
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`a. “A central piece of network equipment” ............................ 37
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`b. “at least one Ethernet connector comprising
`first and second pairs of contacts used to
`carry BaseT Ethernet communication
`signals” ........................................................................... 38
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`c. “the central piece of network equipment to
`detect different magnitudes of DC current
`flow via at least one of the contacts of the
`first and second pairs of contacts” .................................. 39
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`d. “[the central piece of network equipment] to
`control application of at least one electrical
`condition to at least one of the contacts of
`the first and second pairs of contacts in
`response to at least one of the magnitudes of
`the DC current flow” ...................................................... 42
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`2. Claim 2: “wherein the different magnitudes of DC current
`flow are part of a detection protocol” ....................................... 44
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`3. Claim 7: “wherein the central piece of network equipment
`to provide at least one DC current via at least one of the
`contacts of the first and second pairs of contacts and to
`detect distinguishing information within the DC current
`via the at least one of the contacts of the first and
`second pairs of contacts” .......................................................... 44
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`iii
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`AMX
`Exhibit 1009-00004
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`Declaration of Rich Seifert
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`4. Claim 26: “wherein the central piece of network
`equipment to distinguish one end device from at least
`one other end device based on at least one of the
`magnitudes of the DC current flow” ......................................... 46
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`5. Claim 29: “wherein the central piece of network
`equipment to distinguish one network object from at
`least one other network object based on at least one of
`the magnitudes of the DC current flow” ................................... 47
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`6. Claim 38: “wherein the central piece of network
`equipment comprises at least one DC supply” ......................... 47
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`7. Claim 40: “wherein the central piece of network
`equipment to control application of the at least one DC
`power signal” ............................................................................ 48
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`8. Claim 47: “wherein the at least one electrical condition
`comprises at least one voltage condition” ................................ 49
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`9. Claim 55: “wherein the different magnitudes of DC
`current flow comprise a first magnitude followed by a
`second magnitude” ................................................................... 49
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`10. Claim 69: “wherein the at least one magnitude of DC
`current flow is used by the central piece of network
`equipment to control application of at least one DC
`power signal” ............................................................................ 50
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`XI. Analysis of Provisional Application No. 60/081,279 ......................................50
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`iv
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`AMX
`Exhibit 1009-00005
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`
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`Declaration of Rich Seifert
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`I, Rich Seifert, declare as follows:
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`I.
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`Introduction
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`1.
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`I am an expert in the field of communication systems. I submit this
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`declaration on behalf of Petitioner AMX, LLC (“Petitioner”) to analyze, render
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`opinions, and/or provide expert testimony regarding the validity of certain claims
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`of U.S. Patent No. 9,019,838 (“the ’838 patent”). I understand that Petitioner
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`submitted the ’838 patent as Exhibit 1005.
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`2.
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`I am being compensated at my usual rate of $400 per hour for the time
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`spent by me in connection with these proceedings. This compensation is not
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`contingent upon my opinions or the outcome of the proceedings. I have personal
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`knowledge of the facts set forth in this declaration and, if called to testify as a
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`witness, could and would competently testify to them under oath.
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`II. Background/Qualifications
`3.
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`I am currently the President of Networks & Communications
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`Consulting in Los Gatos, California. I received a Bachelor in Engineering
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`(Electrical Engineering) degree from the City College of New York in 1976. I
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`received a Master of Science (Electrical Engineering) degree in 1979 from the
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`Worcester Polytechnic Institute, a Master of Business Administration degree in
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`1984 from Clark University, and a Juris Doctor degree in 2006 from Santa Clara
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`University. I have over 45 years of experience in computer and communications
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`1
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`AMX
`Exhibit 1009-00006
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`Declaration of Rich Seifert
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`technology, and have worked for the past 35 years on the architecture and design
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`of data communications networks and networking products. My curriculum vitae,
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`which I understand has been submitted as Exhibit 1010, includes a list of
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`publications I have authored and legal cases in which I have been involved.
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`III. Documents and Materials Considered
`4.
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`I understand that Petitioner has submitted a list of materials that I have
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`considered in rendering the opinions expressed herein as Exhibit 1011. In forming
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`my opinions, I have also relied on my experience and education.
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`IV. Legal Principles
`5.
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`I am not a patent attorney and offer no opinions on the law. However,
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`I have been informed by counsel of the legal standards that apply with respect to
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`patent validity and invalidity, and I have applied them in arriving at my
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`conclusions.
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`6.
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`I understand that in an inter partes review the petitioner has the
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`burden of proving a proposition of unpatentability by a preponderance of the
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`evidence. I understand this standard is different from the standard that applies in a
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`district court, where I understand a challenger bears the burden of proving
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`invalidity by clear and convincing evidence.
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`7.
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`I have been informed and understand that a patent claim is invalid
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`based on anticipation if a single prior art reference discloses all of the limitations
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`2
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`AMX
`Exhibit 1009-00007
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`
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`Declaration of Rich Seifert
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`of that claim, and does so in a way that enables on of ordinary skill in the art to
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`make and use the invention. Each of the claim limitations may be expressly or
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`inherently present in the prior art reference. I understand that if the prior art
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`necessarily functions in accordance with, or includes a claim’s limitation, then that
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`prior art inherently discloses that limitation. I have relied on this understanding in
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`expressing the opinions set forth below.
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`8.
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`I understand that a prior art reference describes the claimed invention
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`if it either expressly or inherently describes each and every feature (or element or
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`limitation) set forth in the claim; i.e., in determining whether a single item of prior
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`art anticipates a patent claim, one should take into consideration not only what is
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`expressly disclosed in that item, but also what is inherently present as a natural
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`result of the practice of the system or method disclosed in that item.
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`9.
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`It is my further understanding that to establish such inherency, the
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`evidence must make clear that the missing descriptive matter is necessarily present
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`in the item of prior art and that it would be so recognized by persons of ordinary
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`skill in the art. I also understand that prior art use of the claimed patented invention
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`that was accidental, unrecognized, or unappreciated at the time of filing can still be
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`an invalidating anticipation.
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`10.
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`I understand that although multiple prior art references may not be
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`combined to show anticipation, additional references may be used to interpret the
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`3
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`AMX
`Exhibit 1009-00008
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`
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`Declaration of Rich Seifert
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`allegedly anticipating reference and shed light on what it would have meant to
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`those skilled in the art at the time of the invention. These additional references
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`must make it clear that the missing descriptive matter in the patent claim is
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`necessarily present in the allegedly anticipating reference, and that it would be so
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`recognized by persons of ordinary skill in the art.
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`11.
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`I also understand that a patent may not be valid even though the
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`invention is not identically disclosed or described in the prior art if the differences
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`between the subject matter sought to be patented and the prior art are such that the
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`subject matter as a whole would have been obvious to a person having ordinary
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`skill in the art in the relevant subject matter at the time the invention was made.
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`12. To determine if a claim is obvious, the following factors should be
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`considered: (1) the level of ordinary skill in the art at the time the invention was
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`made; (2) the scope and content of the prior art; (3) the differences between the
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`claimed invention and the prior art; and (4) so-called secondary considerations,
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`including evidence of commercial success,
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`long-felt but unsolved need,
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`unsuccessful attempts by others, copying of the claimed invention, unexpected and
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`superior results, acceptance and praise by others, independent invention by others,
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`and the like.
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`13. For example, I understand that the combination of familiar elements
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`according to known methods is likely to be obvious when it does no more than
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`4
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`AMX
`Exhibit 1009-00009
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`
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`Declaration of Rich Seifert
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`yield predictable results. I also understand that an obviousness analysis need not
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`seek out precise teachings directed to the specific subject matter of the challenged
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`claim because a court can take account of the inferences and/or creative steps that a
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`person of ordinary skill in the art would employ.
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`14.
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`I also understand that the obviousness determination of an invention
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`turns on whether a hypothetical person with ordinary skill and full knowledge of
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`all the pertinent prior art, when faced with the problem to which the claimed
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`invention is addressed, would be led naturally to the solution adopted in the
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`claimed invention or would naturally view that solution as an available alternative.
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`Facts to be evaluated in this analysis include:
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`1.
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`2.
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`3.
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`4.
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`The scope and contents of the prior art;
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`Differences between the prior art and the claims at issue;
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`The level of ordinary skill in the pertinent art; and
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`Evidence of objective
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`factors
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`suggesting or negating
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`obviousness.
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`15.
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`I understand that the following rationales may be used to determine
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`whether a piece of prior art can be combined with other prior art or with other
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`information within the knowledge of one of ordinary skill in the art:
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`A. Combining prior art elements according to known methods to
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`yield predictable results;
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`5
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`AMX
`Exhibit 1009-00010
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`Declaration of Rich Seifert
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`B. Simple substitution of one known element for another to obtain
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`predictable results;
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`C. Use of known techniques to improve similar devices (methods,
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`or products) in the same way;
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`D. Applying a known technique to a known device (method, or
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`product) ready for improvement to yield predictable results;
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`E.
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` “Obvious to try”—choosing from a finite number of identified,
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`predictable solutions, with a reasonable expectation of success;
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`F. Known work in one field of endeavor may prompt variations of
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`it for use in either the same field or a different one based on
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`design incentives or other market forces if the variations would
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`have been predictable to one of ordinary skill in the art; or
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`G. Some teaching, suggestion, or motivation in the prior art that
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`would have led one of ordinary skill to modify the prior art
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`reference or to combine prior art reference teachings to arrive at
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`the claimed invention.
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`16.
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`I understand that when a work is available in one field of endeavor,
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`design incentives and/or other market forces, for example, can prompt variations of
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`it, either in the same field or a different one. Moreover, if a person of ordinary skill
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`can implement a predictable variation, I understand that that likely bars its
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`6
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`AMX
`Exhibit 1009-00011
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`
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`Declaration of Rich Seifert
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`patentability.
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`17.
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`I understand that obviousness must be tested as of the time the
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`invention was made. I understand that the test for obviousness is what the
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`combined teachings of the prior art references would have suggested, disclosed, or
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`taught to one of ordinary skill in the art. In particular, it is my understanding that a
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`patent claim is invalid based upon obviousness if it does nothing more than
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`combine familiar elements from one or more prior art references or products
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`according to known methods to yield predictable results. For example, I understand
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`that where a technique has been used to improve one device, and a person of
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`ordinary skill in the art would have recognized that it would improve similar
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`devices in the same way, using that technique is obvious. I understand that
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`obviousness can be proved by showing that a combination of elements was
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`obvious to try, i.e.: that it does no more than yield predictable results; implements a
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`predictable variation; is no more than the predictable use of prior art elements
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`according to their established functions; or when there is design need or market
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`pressure to solve a problem and there are a finite number of identified, predictable
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`solutions. I have been further informed that when a patent claim simply arranges
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`old elements with each element performing the same function it had been known to
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`perform and yields results no more than one would expect from such an
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`arrangement, the combination is obvious.
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`7
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`AMX
`Exhibit 1009-00012
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`
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`Declaration of Rich Seifert
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`18.
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`I understand that another factor to be considered is common sense.
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`For example, I understand that common sense teaches that familiar items may have
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`obvious uses beyond their primary purposes, and, in many cases, a person of
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`ordinary skill will be able to fit the teachings of multiple patents together like
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`pieces of a puzzle.
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`19.
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`I have been informed and understand that the Supreme Court
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`articulated additional guidance for obviousness in its KSR decision.1 My
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`understanding is that the Supreme Court said that technical people of ordinary skill
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`look for guidance in other solutions to problems of a similar nature, and that the
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`obviousness inquiry must track reality, and not legal fictions.2 I have relied on
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`these understandings in expressing the opinions set forth below.
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`20.
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`I understand that a new use of an old product or material cannot be
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`claimed as a new product; the apparatus or system itself is old and cannot be
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`patented. I further understand that, in general, merely discovering and claiming a
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`1
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
`2
`“The obviousness analysis in the patent context cannot be confined by a
`formalistic conception of the words teaching, suggestion, and motivation, or by
`overemphasis on the importance of published articles and the explicit content of
`issued patents. The diversity of inventive pursuits and of modern technology
`counsels against limiting the analysis in this way. In many fields it may be that
`there is little discussion of obvious techniques or combinations, and it often may be
`the case that market demand, rather than scientific literature, will drive design
`trends.” KSR, 550 U.S. at 419.
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`8
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`AMX
`Exhibit 1009-00013
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`
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`Declaration of Rich Seifert
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`new benefit to an old process cannot render the process newly patentable.
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`V.
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`State of the Art
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`21. The challenged claims recite well-known structural elements: “central
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`piece of network equipment” and “Ethernet connector.” These are well-known
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`elements of Ethernet communication systems in the prior art.
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`22. For example, the following illustration comes from a 1996 hardware
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`user’s manual of the AMD PCnet-FAST board.
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`(PCnet-FAST at 3-1.) This figure depicts a network hub connected to several pieces
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`of data terminal equipment (“DTE”). Each DTE with the installed PCnet-FAST
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`board can connect to the network hub over an Ethernet network using the on-board
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`RJ-45 jack for either 10BASE-T or 100BASE-TX operation. (Id.) In this
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`illustration, the network hub constitutes a central piece of network equipment.
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`9
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`AMX
`Exhibit 1009-00014
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`
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`Declaration of Rich Seifert
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`30. An Ethernet connector comprising a plurality of contacts was also
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`known in the prior art. In fact, Ethernet connectors comprising a plurality of
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`contacts existed long prior to the 10BASE-T system. For example, the Ethernet
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`Version 1 specification, published on September 30th, 1980 teaches two different
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`Ethernet connectors, each comprising a plurality of connectors. See generally,
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`Ethernet V1, Clause 7.
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`31. A “transceiver cable connector” comprising 15 contacts is disclosed
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`for connecting an Ethernet station to a physically separate transceiver.3 Ethernet
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`V1 at 53-56 (§7.2). A second “coaxial cable connector” comprising two contacts is
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`disclosed for connecting sections of the shared coaxial cable communications
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`medium. Ethernet V1 at 60 (§7.3.1.2). See also, IEEE 802.3-1985 at 114-115 (§8.5
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`et seq.)
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`32. Patent Owner’s expert also concedes that an Ethernet connector
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`comprising a plurality of contacts was well-known:
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`Q: Okay. So this figure is known, an Ethernet connector
`comprising a plurality of contacts is known, correct?
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`A: Yes.
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`(Baxter Dep. Tr. at 113.)
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`3
`When the original Ethernet specification was transformed into the IEEE
`802.3 specification, first published in 1985, the terms “transceiver cable” and
`“transceiver cable connector” were changed to “Attachment Unit Interface [AUI}
`cable” and “Attachment Unit Interface [AUI] connector. See, generally, IEEE
`802.3-1985 Clause 7.
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`10
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`AMX
`Exhibit 1009-00015
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`
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`Declaration of Rich Seifert
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`VI. Claim Construction
`33.
`I understand that in an inter partes review, a claim in an unexpired
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`patent must be given its broadest reasonable interpretation in light of the
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`specification of the patent in which it appears.
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`34. Under the broadest reasonable interpretation standard, I understand
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`that Petitioner has proposed that the following claim term be construed as shown
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`below.
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`Claim Term
`“BaseT”
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`Claim(s)
`claim 1
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`Construction
`10BASE-T
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`35. When rendering an opinion, I have used this proposed construction for
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`this term. For all other terms, I have applied the plain meaning of the term to a
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`person of ordinary skill in the art.
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`VII. Person of Ordinary Skill in the Art
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`36.
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`I have been informed and understand that the following criteria are
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`useful in determining the level of ordinary skill in the art with respect to a given
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`patent: (a) the educational level of the inventor; (b) the type of problems
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`encountered in the art; (c) prior art solutions to those problems; (d) rapidity with
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`which innovations are made; (e) sophistication of the technology in the art; and (f)
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`the educational level of active workers in the field. A person of ordinary skill in the
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`art with respect to the asserted patent would have had at least a B.S. degree in
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`11
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`AMX
`Exhibit 1009-00016
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`
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`Declaration of Rich Seifert
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`electrical engineering or computer science, or the equivalent, and at least three
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`years of experience in the design of network communications products.
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`37. Specifically, such a person would be familiar with, inter alia, data
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`communications protocols, data communications standards (and standards under
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`development at
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`the
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`time), and
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`the behavior and use of common data
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`communications products available on the market.
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`38. At the time of the filing date of the ’838 patent, through the time of
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`the earliest claimed priority date of April 10, 1998, I was at least a person of
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`ordinary skill in the art, and regularly worked with and supervised others at that
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`level of skill.
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`VIII. Prior Art
`A. Katzenberg
`39. U.S. Patent No. 6,218,930 was filed on March 7, 2000, claimed
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`priority to a provisional application filed on March 10, 1999, issued on April 17,
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`2001, and names as its inventors Boris Katzenberg and Joseph A. Deptula. I refer
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`to this patent as “Katzenberg” in this declaration. I understand that Petitioner has
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`submitted Katzenberg as Exhibit 1037.
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`B. De Nicolo References
`1. Overview
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`40. U.S. Patent No. 6,115,468 was filed on March 26, 1998, issued on
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`September 5, 2000, and names as its inventor Maurilio Tazio De Nicolo. I refer to
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`12
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`AMX
`Exhibit 1009-00017
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`
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`Declaration of Rich Seifert
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`this patent as “De Nicolo ’468” in this declaration. I understand that Petitioner has
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`submitted De Nicolo ’468 as Exhibit 1019.
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`41. U.S. Patent No. 6,134,666 was filed on March 12, 1998, issued on
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`October 17, 2000, and also names as its inventor Maurilio Tazio De Nicolo. I refer
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`to this patent as “De Nicolo ’666” in this declaration. I understand that Petitioner
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`has submitted De Nicolo ’666 as Exhibit 1020.
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`42. Collectively, I refer to De Nicolo ’468 and De Nicolo ’666 as “the De
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`Nicolo references” in this declaration.
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`2.
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`Reasons to Combine the De Nicolo References
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`43.
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`In my opinion, a person of ordinary skill in the art would have
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`combined De Nicolo ’468 and De Nicolo ’666.
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`44. Both references disclose techniques for powering a controlled device.
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`In De Nicolo ’468, for example, a power supply 144 provides power via two
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`twisted pairs 128a, 128b to a power processor 149, which, in turn, provides power
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`to a portion of an Ethernet device 98. (See, e.g., De Nicolo ’468 at FIG. 3.)
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`Similarly, in De Nicolo ’666, a power supervisor 14 provides power via a query
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`conductor 28 to a power circuit soft start 44, which, in turn, provides power to
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`power consuming circuitry. (See, e.g., De Nicolo ’666 at FIG. 1.) De Nicolo ’666
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`discloses that “multiple query conductors could also be used, if more convenient.”
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`(Id. at 5:34-38.)
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`13
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`AMX
`Exhibit 1009-00018
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`
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`Declaration of Rich Seifert
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`45.
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`In addition, De Nicolo ’468’s disclosure would have motivated a
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`skilled artisan to incorporate De Nicolo ’666’s teachings with those of De Nicolo
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`’468. For example, like De Nicolo ’666, De Nicolo ’468 discloses “[a] system for
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`supplying DC power to a remote device.” (De Nicolo ’468 at claim 6.) De Nicolo
`
`’468 shows a system with multiple devices (associated with loads 98, 100, and
`
`102) in Figure 3. De Nicolo ’468 also provides that such a system can have one
`
`remote device. (See, e.g., De Nicolo ’468 at claim 6 (“[a] system for supplying DC
`
`power to a remote device”), claim 12 (“[a] method for supplying a DC power
`
`connection and a bi-directional data connection to a remote device”, claim 16 (“[a]
`
`system for supplying DC power to a remote device over a 4-wire Ethernet
`
`connection”).) A skilled artisan would have understood that the remote device has
`
`a maximum power requirement and that it would have been desirable to provide
`
`that remote device with a power signal that satisfies the device’s power
`
`requirement. With that understanding, a skilled artisan would have incorporated De
`
`Nicolo ’666’s technique of determining the remote device’s maximum power
`
`requirement by way of a resistor (or other component) into De Nicolo ’468’s
`
`system.
`
`46.
`
`In other words, it would have been obvious to one of skill in the art to
`
`use De Nicolo ’666’s principle of operation together with De Nicolo ’468’s
`
`Ethernet-based system. Moreover, because both references name Maurilio Tazio
`
`
`
`14
`
`AMX
`Exhibit 1009-00019
`
`
`
`Declaration of Rich Seifert
`
`De Nicolo as their sole inventor, a skilled artisan reviewing one of the De Nicolo
`
`references would have reviewed other references naming De Nicolo as an inventor
`
`to gain a better understanding of the disclosed teachings.
`
`47. A person of ordinary skill in the art would have understood how to
`
`combine De Nicolo 468’s teaching with De Nicolo 666’s teachings. For example,
`
`De Nicolo ’468’s system in Figure 3 could include a single remote device (e.g., a
`
`device that includes load 98) as described, for example, in claim 16 of De Nicolo
`
`’468. (De Nicolo ’468 at claim 16 (“[a] system for supplying DC power to a
`
`remote device over a 4-wire Ethernet connection having a first twisted pair of
`
`conductors for transmission of data packets from said remote device and a second
`
`twisted pair of conductors for reception of data packets at said remote device”).) In
`
`this system, the skilled artisan could have included De Nicolo ’666’s power
`
`supervisor 14 (see Figure 1) into De Nicolo ’468’s power supply module 144 (see
`
`Figure 3) and included De Nicolo ’666’s electronic module 26 (see Figure 1) into
`
`De Nicolo ’468’s power processor 149. This is a routine, common sense design
`
`choice that is well within the skilled artisan’s knowledge and capabilities. This
`
`modification would maintain the De Nicolo ’468 circuitry’s existing purpose and
`
`functionality—providing power and data over the Ethernet pairs 128 and powering
`
`the load 98 via the power processor 149. It would also enable the power processor
`
`149 to power the load 98 in the selective manner that De Nicolo ’666 teaches.
`
`
`
`15
`
`AMX
`Exhibit 1009-00020
`
`
`
`Declaration of Rich Seifert
`
`IX.
`
`’838 Patent
`A.
`48. The claims of the ’838 patent are directed to a central piece of
`
`Summary of the ’838 Patent
`
`network equipment comprising an Ethernet connector with first and second pairs of
`
`contacts, and functional limitations that the central piece of network equipment
`
`detect different magnitudes of DC current flow via at least one of the contacts of
`
`the first and second pair and control application of an electrical condition to a
`
`contact of the first and second pairs of contacts in response to a magnitude of DC
`
`current flow. (’838 patent at 17:13-23.) The ’838 patent incorporates by reference
`
`U.S. Patent 5,406,260 (also assigned to the Patent Owner), which discloses a
`
`current loop including a portion passing through a pair of contacts. (’260 patent at
`
`3:37-52, Fig. 2.) The ’838 patent states that the ’260 patent already disclosed:
`
`a means of detecting the unauthorized removal of a networked device
`by
`injecting a
`low current power signal
`into each existing
`communications link. A sensor monitors the returning current flow
`and can thereby detect a removal of the equipment. This method
`provides a means to monitor the connection status of any networked
`electronic device thus providing an effective theft detection/deterrent
`system.
`(’838 patent at 2:19-25.)
`
`49. The ’838 patent then states the desire to “provide a further means in
`
`which a networked device may also be identified by a unique identification number
`
`using the existing network wiring or cabling as a means of communicating this
`
`information back to a central location.” (’838 patent at 2:26-30.) The ’838 patent
`
`
`
`16
`
`AMX
`Exhibit 1009-00021
`
`
`
`Declaration of Rich Seifert
`
`discloses a modulation scheme for this purpose:
`
`[A] communication system is provided for generating and monitoring
`data over a pre-existing wiring or cables [sic] that connect pieces of
`networked computer equipment to a network. The system includes a
`communication device or remote module attached to the electronic
`equipment that transmits information to a central module by
`impressing a low frequency signal on the wires of the cable. A
`receiver in the central module monitors the low