IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`James M. Barton, et al..
`In re Patent of:
`6,233,389 Attorney Docket No.: 39843-0037IP2
`U.S. Patent No.:
`May 15, 2001
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`Issue Date:
`Appl. Serial No.: 09/126,071
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`Filing Date:
`July 30, 1998
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`Title:
`Multimedia Time Warping System
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`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`DECLARATION OF ROHAN COELHO REGARDING
`PUBLIC AVAILABILITY OF MICROSOFT PLATFORM SDK
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`SAMSUNG 1009
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`1. My name is Rohan Coelho. I am the co-author of Exhibit SE1010,
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`which is a true and correct copy of my book titled “DirectX, RDX, RSX, and
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`MMX Technology, A Jumpstart Guide to High Performance APIs.” My formal
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`education includes a Bachelors in Physics and a Masters in Computer Science. I
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`am currently the Chief Executive Officer of Rexanto, Inc., based in Sunnyvale,
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`California.
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`2. From 1989-2001, I was an engineer at Intel Corp., which involved
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`researching and developing technologies based on Microsoft ActiveMovie,
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`DirectShow, and Broadcast Architecture. During that time, I directly participated
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`with Microsoft in developing these technologies, including the predecessors, Video
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`for Windows, and ActiveMovie, which matured into DirectShow. During that
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`time, I also researched and published Exhibit SE1010, which is a book that
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`provides an overview of Microsoft’s DirectShow SDK. Exhibit SE1010 identifies
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`a first printing in December 1997, which is consistent with my recollection of
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`when my co-author and I submitted the book to our publisher, Addison-Wesley.
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`3. As a result, I have personal knowledge of the history concerning
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`Microsoft’s ActiveMovie, DirectShow, and Broadcast Architecture technologies.
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`These application programming interfaces (APIs), software development kits
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`(SDKs), and programmer’s references were publicly released both individually, as
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`part of Microsoft’s DirectX SDK, and also as part of Microsoft’s larger Platform
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`SDK over the course of 1996, 1997, and 1998. I regularly received Microsoft’s
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`SDK releases (including ActiveMovie, DirectShow, DirectX, and Platform). I also
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`received Microsoft’s white paper publications describing these technologies during
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`this period, including Exhibits SE1020-SE1023, which are true and correct copies
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`of Microsoft’s white papers that I received around April 1997.
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`4.
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`I have reviewed Exhibit SE1005, which is a single-page PDF of a
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`scan of a Microsoft disc titled “DISC 6 Platform SDK” and dated “January, 1998.”
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`I have also reviewed the contents of the actual disc shown in Exhibit SE1005,
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`including electronic files stored on that disc. Microsoft Platform SDK was a
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`combination of various Microsoft SDKs that was published online and also
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`physically distributed by Microsoft as part of its MSDN Development Platform. It
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`was publicly distributed both online and to those who had a subscription to it on
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`the Microsoft Developer’s Network Library. These SDKs and the Microsoft
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`Developer’s Network Library were well-known among developers at that time, and
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`were personally known by me. In fact, I received publicly distributed materials
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`from Microsoft both online and as part of the Microsoft Developer’s Network
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`during that time period. I received a number of discs as they were distributed, and
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`I would have received a copy of the Microsoft Platform SDK disc shown in
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`Exhibit SE1005.
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`5. Based on my review of Exhibit SE1005 and the contents of the
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`actual Microsoft disc shown in Exhibit SE1005, this Microsoft disc appears to be a
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`true and correct copy of Disc 6 Platform SDK that was publicly distributed by
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`January of 1998 by Microsoft. The indicia on the face of the disc shown in Exhibit
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`SE1005 appears authentic and consistent with my recollection of such discs and
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`materials distributed by Microsoft to engineers and developers during 1997 and
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`1998. In addition, the January 1998 date shown on the face of the disc is
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`consistent with my recollection of the timing of its distribution. The Microsoft
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`Platform SDK’s distribution and the availability of the Microsoft DirectShow SDK
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`and Broadcast Architecture programmer’s reference is consistent with 1997
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`electronic timestamps on the files on the disc, the repeated instances of a 1997
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`copyright date in the file contents, the first printing and publication in December
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`1997 of my book describing Microsoft DirectShow SDK and directly referencing
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`its contents (Exhibit SE1010), a December 1997 press release from Microsoft
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`announcing the release of Microsoft DirectShow SDK (Exhibit SE1008), and a
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`November 1997 article describing a conference that year at which Microsoft
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`Broadcast Architecture SDK was distributed (Exhibit SEIOO7).
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`6.
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`I am not an employee of Samsung Electronics Co., Ltd. or Samsung
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`Electronics America, Inc.
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`I have been retained by the counsel for the Petitioner of
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`the above mentioned inter partes review petition based on my normal hourly
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`compensation. No part of my compensation is dependent on my testimony or the
`outcome of this proceeding, and I have no other interest in this proceeding.
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`7.
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`I hereby declare that all statements made herein of my own
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`knowledge are true and that all statements made on information and belief are
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`believed to be true; and further that these statements were made with the
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`knowledge that willful false statement and the like so made are punishable by fine
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`or imprisonment, or both, under Section 1001 of Title 18 of the United States
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`Code.
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`Dated: éllg //2Q/ é
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`By:
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`Rohan Coelho