IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`DECLARATION BY PETER RYSAVY FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NOS. 8,135,342 AND 8,879,987
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`Dated: April 30, 2016
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`Table of Contents
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`INTRODUCTION ............................................................................................. 5
`I.
`A. EDUCATIONAL AND PROFESSIONAL BACKGROUND........................................... 5
`B. MATERIALS CONSIDERED. ................................................................................ 8
`II. THE ‘342 AND ‘987 PATENTS ...................................................................... 9
`A. THE TECHNOLOGY OF THE ’342 AND ’987 PATENTS ......................................... 9
`B. THE PATENTS’ TECHNOLOGY RELATES TO ATTACHING PERIPHERALS TO
`COMPUTING DEVICES, WHICH WAS OLD TECHNOLOGY .......................................12
`C. WIRED VERSUS WIRELESS CONNECTIONS ......................................................14
`D. PERSON OF ORDINARY SKILL IN THE ART (“POSITA”) ..................................16
`E. EXEMPLARY CLAIM OF THE ’342 PATENT .......................................................18
`F. EXEMPLARY CLAIM OF THE ’987 PATENT .......................................................19
`G. MEANING OF DIFFERENT CLAIM TERMS .........................................................20
`H. SIMILARITY OF CLAIMS AND CLAIM TERMS ....................................................24
`III. THE TEE, ACHARYA, AND BENCO PRIOR ART ..............................34
`A. TEE .................................................................................................................34
`B. ACHARYA .......................................................................................................36
`C. BENCO ............................................................................................................38
`IV. THE ‘342 CLAIM ELEMENTS, AND SPECIFIC TEACHINGS OF
`TEE, ACHARYA AND BENCO ..........................................................................40
`A. SPECIFIC DISCLOSURES OF TEE, AND COMBINING TEE WITH ACHARYA AND
`BENCO ...................................................................................................................40
`a. User Information (1.2) ...............................................................................40
`b. Communications Network (1.2) .................................................................41
`c. User Control and Computing Unit (1.3) ....................................................42
`d. Operating a Peripheral (1.4) .....................................................................42
`e. Connected to a Separate System (1.5) .......................................................44
`f. Computer Monitor and Display Screen (1.6).............................................45
`g. Form of a Conventional Computer (1.7) ...................................................45
`h.
`Interactive and Real Time Communication (1.8) .......................................46
`i. Environment (3) ..........................................................................................47
`j. Wireline Communication (4, 7) ..................................................................49
`k. Personal Equipment (5-6) ..........................................................................51
`l. Wireless Connections (8) ...........................................................................52
`m. Input Devices (9) ........................................................................................52
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`n. Control External Display Through the External Keyboard (10) ...............53
`o.
`Interconnector (20.3) .................................................................................54
`p. Communication network (20.4) ..................................................................55
`q. Employ, At User Control (20.5) .................................................................55
`r. “Part of a separate system” versus “is connected to a separate system”
`(20.6) .................................................................................................................56
`s. Means for receiving and means for employing … a wireless
`communication (21.1, 21.2) ..............................................................................56
`t. Multiple Users (29-31, 45) .........................................................................57
`u. Display Screen and Speaker System (55) ...................................................60
`V. THE SOIN AND WANG PRIOR ART ........................................................61
`A. SOIN ................................................................................................................61
`B. WANG .............................................................................................................74
`VI. THE ’342 CLAIM ELEMENTS, AND SPECIFIC TEACHINGS OF
`SOIN AND WANG ................................................................................................76
`A. SPECIFIC DISCLOSURES OF SOIN, AND COMBINING SOIN WITH WANG ...........76
`a. User Information and Communications Network (1.2) .............................77
`b. User Control (1.3) ......................................................................................79
`c. Operating (1.4) ...........................................................................................80
`d. Separate System (1.5) .................................................................................80
`e. Peripheral Device Includes a Display Screen (1.6) ...................................81
`f.
`Input Responsive to Output from Display Screen and Interactive and Real-
`Time Communications (1.7, 1.8) .......................................................................82
`g. Environment (3) ..........................................................................................84
`h. Wireline and Wireless (4, 7, 8)...................................................................85
`i. Personal and Third-Party Equipment (5, 6) ..............................................87
`j. Peripheral Device Comprises an Input Device (9) ....................................88
`k. Commands relayed through wireless device (9.2) .....................................88
`l. Control By Wireless Input Device (10) ......................................................90
`m. Interconnector (20.3) .................................................................................92
`n. Server in a Communications Network (20.4) .............................................93
`o. Employing User Information (20.5) ...........................................................94
`p. Means for receiving and means for employing … a wireless
`communication (21.1, 21.2) ..............................................................................94
`q. Means for Wireline Communication at Peripheral (22.1) .........................96
`r. Multiple Users (29, 45) ..............................................................................96
`s. Speakers as Part of Display (55) ...............................................................97
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`VII. THE ‘987 CLAIM ELEMENTS, AND SPECIFIC TEACHINGS OF
`SOIN AND WANG ................................................................................................98
`A. SOIN AND WANG .............................................................................................98
`a. Connector (20.2) ........................................................................................98
`b. Memory (20.3) ............................................................................................99
`c. Transmitter (20.4) ....................................................................................100
`d.
`Interconnect (20.7) ...................................................................................101
`e.
`Information is Employed (20.8) ...............................................................102
`f. Control of User (21.2) ..............................................................................102
`g. Hub Device (24.2) ....................................................................................102
`h. Simultaneous Control (25) .......................................................................104
`i. Cell Phones (27) .......................................................................................106
`j. Computer Server (28) ...............................................................................107
`k. Control of Operation (29) ........................................................................108
`l. Uniquely Associates (31, 39, 47)..............................................................109
`VIII. THE ‘987 CLAIM ELEMENTS, AND SPECIFIC TEACHINGS OF
`TEE AND ACHARYA ........................................................................................110
`a. Memory (20.3) ..........................................................................................110
`b.
`Interconnect (20.7) ...................................................................................111
`c. Control of User (21.2) ..............................................................................111
`d. Computer Server and Connectivity Options (28) .....................................111
`e. Control of Operation (29) ........................................................................113
`f. Uniquely Associates (31, 39, 47)..............................................................115
`g. Simultaneous Control (25) .......................................................................116
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`I. INTRODUCTION
`1. I have been retained as a technical expert by counsel on behalf of
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`RPX Corporation, to opine on U.S. Patent Nos. 8,135,342 and 8,879,987 (“’342
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`patent” and “’987 patent,” respectively) and related technologies, in association
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`with proceedings before the United States Patent and Trademark Office
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`(“USPTO”).
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`2. I reserve the right to modify or supplement my opinions, as well as
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`the basis for my opinions, based on the nature and content of the documentation,
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`data, proof and other evidence or testimony that Sockeye Licensing TX LLC or
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`Wildcat Licensing LLC or its experts may present, or based on any additional
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`information provided to me or found by me in this matter.
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`A. Educational and Professional Background
`3. I graduated with BSEE and MSEE degrees from Stanford
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`University in 1979.
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`4. From 1988 to 1993, I was vice president of engineering and
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`technology at Traveling Software (later renamed LapLink), at which projects
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`included LapLink, LapLink Wireless, and connectivity solutions for a wide variety
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`of mobile platforms. During this period, I was responsible for evaluating wireless
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`technologies for use with the LapLink file transfer and synchronization product
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`family. I also managed the development of a short-range wireless modem called
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`LapLink Wireless that replaced a serial-data cable connection between computers.
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`Prior to Traveling Software, I spent seven years at Fluke Corporation, where I
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`worked on data-acquisition products and touch-screen technology.
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`5. I am the president of the consulting firm Rysavy Research LLC and
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`have worked as a consultant in the field of wireless technology since 1993. As a
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`consultant I specialize in wireless technology. One of my clients in 1994 was
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`McCaw Cellular (which later became AT&T Wireless), the leading U.S. cellular
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`company at the time. I did multiple projects for McCaw Cellular, helping me
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`develop my expertise in wireless and cellular technology.
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`6. Beginning in 1994, I began teaching public wireless courses,
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`including courses that I taught at Portland State University and the University of
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`California in Los Angeles. These courses included content about paging, cellular,
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`mobile-data networks, mobile-browser technologies, and mobile-application
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`architectures.
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`7. Past projects have included evaluation of wireless technology
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`capabilities, reports on the evolution of wireless technology, strategic consultations,
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`system design, articles, courses and webcasts, network performance measurement,
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`test reports, and involvement in multiple patent litigation cases. My past and current
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`clients include more than ninety-five organizations.
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`8. I have written more than one hundred and sixty articles, reports,
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`and papers, and have taught more than forty public courses and webcasts, on
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`wireless technology. I have also performed technical evaluations of many wireless
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`technologies including mobile browser technologies, wireless e-mail systems,
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`municipal/mesh Wi-Fi networks, Wi-Fi hotspot networks, cellular-data services,
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`and social networking applications.
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`9. Since 2000, as part of my consulting practice, I have been the
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`executive director of the Portable Computer and Communications Association
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`(PCCA), which was formally incorporated in May of 1993. The PCCA currently
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`operates as the Wireless Technology Association. The PCCA’s mission has been to
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`promote the interoperability of wireless-data systems, and its initial work was to
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`develop interfaces between computer and wireless modems. For details, see
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`http://www.wirelesstechnologyassociation.org.
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`10. In the over the twenty years of my consulting career, I have
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`studied or worked with nearly every major wireless technology related to cellular
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`networks and wireless local-area networks. I have also worked with mobile device
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`peripherals and have examined the various ways that mobile devices can connect
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`with other devices, including wireless and wired connections.
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`11. Further detail on my background and work experience, along
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`with a list of my publications and the cases in which I have given testimony in the
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`past four years, is contained in my CV in Appendix 1.
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`12. I am being compensated for my time expended in connection
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`with this case at the rate of $400 per hour, plus expenses. My compensation is for
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`my time, and is in no way dependent or based on the content of my opinions or
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`testimony offered in this matter, the outcome of any issues in this matter, or the
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`timing of when issues in this matter or this matter as a whole are resolved.
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`B. Materials Considered.
`13. In connection with my work on this matter, I have reviewed the
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`following materials and references in forming my opinions:
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`Michael D. Harold, U.S. Patent No. 8,135,342, System, Method and Apparatus
`For Using a Wireless Cell Phone Device To Create a Desktop Computer and
`Media Center, issued March 13, 2012 (“’342 Patent”)
`Michael D. Harold, U.S. Patent No. 8,879,987, System, Method And Apparatus
`For Using A Wireless Device To Control Other Devices, issued November 4,
`2014 (“’987 Patent”)
`Lai King Tee et al., U.S. Patent Application Publication No. 2006/0203758 A1,
`filed September 27, 2005, published September 14, 2006 (“Tee”)
`Shrikant Acharya et al., U.S. Patent Application Publication No. 2005/0036509
`A1, filed June 2, 2004, published February 17, 2005 (“Acharya”)
`Ravipal Soin et al., U.S. Patent Application Publication No. 2005/0091359 A1,
`filed February 25, 2004, published April 28, 2005 (“Soin”)
`Tiejun Ronald Wang et al., U.S. Patent Application Publication No.
`2006/0077310 A1, filed June 24, 2005, published April 13, 2006 (“Wang”)
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`David S. Benco et al., U.S. Patent Application Publication No. 2005/0135393
`A1, filed December 19, 2003, published June 23, 2005 (“Benco”)
`Applicant’s Response to Office Action During Prosecution of ’342 Patent, filed
`May 31, 2011
`Random House Webster’s Computer & Internet Dictionary (2000) (excerpts)
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`14. I may also reference other background materials throughout this
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`declaration.
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`II. THE ‘342 AND ‘987 PATENTS
`A. The Technology of the ’342 and ’987 Patents
`15. In reviewing the ’342 and ’987 patents I have noted no
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`meaningful differences aside from the claims. Accordingly, unless otherwise noted,
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`in discussing the two patents throughout this declaration I cite to the written
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`description and figures of the ’342 patent. Unless otherwise noted, references to the
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`’342 patent other than the claims, apply equally to the ’987 patent, and vice versa.
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`16. The technology of the ’342 and ’987 patents relates both to
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`(i) networked computing and (ii) connecting to and controlling peripheral devices.
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`For example, in terms of networked computing, the Abstract describes how a cell
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`phone “is used to create an Internet or other network connection capable of
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`accessing any browser-based web site or browser-based software application
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`commonly accessible to a standard desktop computer having an Internet
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`connection.” ’342 patent, Abstract. With respect to peripheral devices, the Abstract
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`refers to a method and system for “connect[ing] a full-sized desktop monitor or
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`other digital display device, keyboard, mouse, speakers, printer and other external
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`devices to a wireless cell phone device using any combination of wireline or
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`wireless connections from the desktop devices to the wireless cell phone device.”
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`Id.
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`17. These two aspects of the ’342 patent are reflected in Figures 1,
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`3A-3D, and 4. For example, Figure 1 shows “Browser Based Applications and
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`Services” 110 being provided through a “Cell Phone Network” 300 to a “Wireless
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`Cell Phone Device” 400, which in turn is connected to “Desktop Devices” 500, such
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`as a monitor and keyboard:
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`18. The patent acknowledges that existing cell phones were used as
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`“personal communications tools capable of supporting voice mail, email, calendars,
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`contact lists and related applications” and were “commonly used to store and access
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`music, videos and other forms of electronic entertainment and media.” ’342 patent,
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`3:31-38.
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`19. Beyond stating the interconnection of a wireless device to a
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`display and input devices, mentioning a server that can provide content, and
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`presenting some simple usage models, the patents offer no new methods of
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`connectivity, no protocols that might facilitate such connectivity, and no radio
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`methods that might make the wireless connection new or different. For example,
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`the patents describe connections made using previously-known protocols such as
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`USB, IEEE 1394, and Wi-Fi 802.11. E.g., ’342 patent 8:20-27. In short, although
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`the ’342 patent describes this general system, it describes no new approach for
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`facilitating the connections and communications utilized in this system.
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`B. The Patents’ Technology Relates To Attaching Peripherals To
`Computing Devices, Which Was Old Technology
`20. The patents in the background of the invention state that “The
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`present invention relates generally to methods for using a wireless cell phone or
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`other communications device in combination with a desktop computer monitor,
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`keyboard and mouse to create a desktop computing environment.” ’342 patent 1:19-
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`22. Similarly, the summary of the invention states, “In contrast to the traditional
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`model of wireless cell phone usage, the present invention involves a system, method
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`and apparatus that permits the use of a wireless cell phone or other such
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`communications device as a connection, communications and control device able
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`to connect a full-sized desktop monitor or other digital display device, keyboard,
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`mouse, speakers, printer and other components to a wireless cell phone device,
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`using any combination of wireline or wireless connections from the desktop devices
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`to the wireless cell phone device.” ’342 patent 3:6-15.
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`21. The idea of attaching peripherals to computers, however, has
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`existed since the earliest computing systems. For example, IBM’s mainframe
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`system
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`System/360
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`in
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`the
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`1960s
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`(http://www-
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`03.ibm.com/ibm/history/ibm100/us/en/icons/system360/
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`and
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`https://www-
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`03.ibm.com/ibm/history/exhibits/mainframe/mainframe_intro2.html)
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`used
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`terminals as peripherals that included displays and keyboards. All subsequent
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`computing systems have supported attachment of peripherals,
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`including
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`minicomputers that followed mainframes, and desktop computers in the 1980s
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`(http://www-03.ibm.com/ibm/history/ibm100/us/en/icons/personalcomputer/).
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`22. A handheld computer is a computer just like any other, with an
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`operating system and the ability to run applications. See, e.g., Tee at paragraph 25
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`(“Mobile terminal 110 also comprises control processor 210, memory 215, speaker
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`225, microphone 230, input/output interface (I/O IF) 235, keypad 240 and display
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`245. Memory 215 stores basic operating system (OS) program 250, display select
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`program 260, video conversion program 270, video/multimedia file 280, and one
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`or more video application programs 290.”); see also ’342 patent, 1:31-38. In 2006,
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`attaching peripherals to a handheld computer, whether a cellphone or other device,
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`was not new. For example, Soin, Wang, Acharya, Tee, Scott, and Benco all teach
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`connecting peripheral devices to mobile wireless devices.
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`23. The patent mentions both wireless and wireline connections
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`between different devices. As explained in the next section, however, wireline and
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`wireless connections are designed, based on usage criteria, on a practically
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`interchangeable basis. Thus, connecting to peripherals over wireless connections
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`also offers no novelty over wired or wireline connections to peripherals.
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`C. Wired Versus Wireless Connections
`24. The ’342 and ’987 patents describe and claim connecting to
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`peripherals using “wireline” (i.e., wired) or wireless connections. A wireless
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`connection, however, is not novel compared to a wired connection. Network
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`engineers architect networking protocols and systems in a layered fashion, often
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`following
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`the Open Systems
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`Interconnect
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`(OSI)
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`seven-layer model
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`(https://support.microsoft.com/en-us/kb/103884). With
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`this approach,
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`layers
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`operate independently of each other. This mean higher-layer protocols operate in
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`the same manner, regardless of the underlying connection.
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`25. The aspects specific to wired or wireless are handled at layer 1
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`and layer 2 in the OSI model. Layer 1 addresses the physical medium, such as wire
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`versus radio. Layer 2 addresses how the medium is accessed, referred to as medium
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`access control. For example, the IEEE 802.11 specification that defines the
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`operation of Wi-Fi is titled, “Part 11: Wireless LAN Medium Access Control
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`(MAC) and Physical Layer (PHY) Specifications.” The specification states, “The
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`scope of this standard is to define one medium access control (MAC) and several
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`physical layer (PHY) specifications for wireless connectivity for fixed, portable,
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`and moving stations (STAs) within a local area.” (IEEE Std 802.11-2012.) The
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`MAC is part of layer two, also called the link layer.
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`26. The following figure illustrates the architecture. (From Rysavy
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`Research Wi-Fi
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`course
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`material,
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`first
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`taught
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`in
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`2002
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`(http://www.rysavy.com/Pages/Training-History.aspx).
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`27. Thus, the prevalent Transmission Control Protocol (TCP), a
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`layer 4 protocol, and Internet Protocol (IP), a layer 3 protocol, operate in the same
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`manner whether the connection is wired (for example Ethernet) or wireless (for
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`example Wi-Fi, 3G cellular, 4G cellular).
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`28. Similarly, protocols such as used by the Terminal Server
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`referenced in the Soin patent, Soin paragraphs 72-96, which enable connections to
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`peripherals, need no knowledge of the underlying connection and operate equally
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`well whether the connection is wired or wireless.
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`29. I note that the term “wireline,” as used in the ’342 and ’987
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`patents would be understood to mean wired. Thus, any time I refer to wired
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`connections / communications or similar concepts, unless otherwise stated, that
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`discussion encompasses wireline connections / communications or similar
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`concepts.
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`D. Person of Ordinary Skill in the Art (“POSITA”)
`30. I understand that patent claims and prior art references should be
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`understood from the perspective of a person of ordinary skill in the art to which the
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`patent is related, based on the understanding of that skilled person at the time the
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`application (or any priority application) was filed. I understand that a person of
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`ordinary skill in the art is one who is presumed to be aware of all pertinent art,
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`possesses conventional wisdom in the art, and is a person of ordinary creativity. I
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`have applied this standard throughout my report.
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`31. I understand that there are several factors that may be used in
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`determining the level of ordinary skill in the art, including but not limited to (1) the
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`education level of the inventor, (2) the education level of active workers in the field,
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`(3) the types of problems encountered in the art, (4) the prior art solutions to these
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`problems, (5) the rapidity with which innovations are made, and (6) the
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`sophistication of the technology. I have further been informed that these factors may
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`not be present in every case and that certain factors may be more relevant in some
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`cases than others.
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`32. For the subject matter of the ’342 and ’987 patents, as of
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`September 2006, it is my opinion that a person of ordinary skill in the art
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`(“POSITA”) would have had a bachelor's degree in computer science, computer
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`engineering, and/or electrical engineering and at least 1-2 years of communications
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`and/or network engineering experience, including experience with wired and
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`wireless networks, local- and wide-area networks, and interconnection of various
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`user devices through these types of networks.
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`33. As reflected in my qualifications set forth above and in my CV,
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`I was a person of more than ordinary skill in the art as of September 2006, the
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`application date to which the ’432 and ’987 patents claim priority. I am familiar
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`with how one of ordinary skill in the art would have understood the patents on that
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`date. Regardless of the tense I used (past or present), unless otherwise indicated,
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`my opinions in this report are from the perspective of such a person in September
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`E. Exemplary Claim of the ’342 Patent
`34. Claim 1 of the ’342 patent is exemplary and representative:
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`1. A method for facilitating user connectivity, comprising:
`downloading, by a user on a wireless device in a
`communications network from a server in said communications
`network, user information to said wireless device;
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`transmitting, under user control on said wireless device,
`the downloaded user information from said wireless device to a
`peripheral device; and
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`operating said peripheral device from said wireless
`device,
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`wherein said peripheral device, controlled by said user
`from said wireless device, is connected to a separate system,
`and
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`wherein said peripheral device includes a display screen,
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`and
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`using, responsive to an output from said display screen,
`at least one input peripheral device,
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`thereby enabling interactive and real time
`communications between the peripheral device and the server.
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`F. Exemplary Claim of the ’987 Patent
`35. Claim 20 of the ’987 patent is exemplary and representative:
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`20. A wireless device for facilitating user connectivity
`comprising:
`a connector, said connector connecting a user of said
`wireless device to a remote server containing user information
`therein;
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`a memory, said memory containing therein said user
`information downloaded from said server;
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`a transmitter, said transmitter, at the control of said user,
`sending said user information to a peripheral device; and
`an interface, on said wireless device, where said user
`through said interface operates said peripheral device from said
`wireless device,
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`wherein said peripheral device comprises one or more
`components of personal equipment of said user,
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`wherein two users interconnect to said peripheral device,
`said two users controlling said user information,
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`whereby said user information is employed by said one
`or more components.
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`G. Meaning of Different Claim Terms
`36. In this and the following paragraphs I discuss the meaning of
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`different claim terms that appears in certain claims of the ’342 and ’987 patents.
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`37. The term “user information” appears throughout the claims of
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`the ’342 and ’987 patents. Consistent with what is disclosed in the patent, a POSITA
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`would have understood this term to have a meaning that encompasses documents,
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`applications, songs, and movies. ’342 patent 12:63-68.
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`38. The term “operating said peripheral device from said wireless
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`device” appears in claim 1 of the ’342 patent and several other claims. The similar
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`term “operates said peripheral device from said wireless device” appears in the
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`claims of the ’987 patent, and I understand it to have the same meaning. Outside of
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`the claims, the ’342 patent does not use “operating” to describe the peripheral
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`device. The patent does discuss, however, control[ling] various peripheral devices,”
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`e.g., to “navigate through the user information, a website or other media, play a
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`game or access media,” which is a similar concept. ’342 patent 13:40-52. The patent
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`discusses another similar concept, in the form of a “wireless cell phone device …
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`made to operate as a traditional desktop computing environment, i.e., one having a
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`full-sized computer screen, keyboard, mouse, printer and speakers.” Id. at 6:17-21.
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`I also note that the file history of the ’342 patent emphasizes this second aspect:
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`“peripheral components of the claimed invention … constitute ‘dumb’ devices,
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`such as speakers, monitors, displays, keyboards, a computer mouse, and other
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`separate and peripheral devices, all of which are directly controlled by the cell
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`phone or PDA, which acts as the ‘CPU.’” May 31, 2011 Office Action Response in
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`’342 Patent File History. Thus, in the context of the patent, a POSITA would have
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`understood this term to include both of these concepts, i.e., (i) using a wireless
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`device to navigate through user information, a website or other media, play a game,
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`or access media, which is displayed on a peripheral device; and (ii) using the
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`wireless device to directly control peripheral devices, in the context of a traditional
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`desktop computing environment.
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`39. The ’342 patent claims include the terms “means for receiving,
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`at said peripheral device,” a “wireless communication” (claim 21) or “wireline
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`communication” (claim 22). The patent discloses hardware and/or software
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`configured to carry out the 802.11 wireless protocol as means for receiving a
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`wireless communication, and hardware and/or software configured to carry out the
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`USB protocol or the IEEE 1394 protocol as means for receiving a wireline
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`connection. ’342 patent 8:20-27, Fig. 2B.
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`40. The ’342 patent claims include the term “means for employing
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`… said downloaded information …” (claims 21, 22). The patent discloses
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`displays, printers, and speakers as means for employing the downloaded
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`information. ’342 patent at Fig. 2A-C; 7:4-13.
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`41. The ’987 patent claims include the term “two users interconnect
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`to said peripheral device, said two users controlling said user information.”
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`The ’987 patent provides little guidance on th