`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`NETFLIX, INC. AND ROKU, INC.,
`
`Petitioners,
`
`v.
`
`CONVERGENT MEDIA SOLUTIONS LLC,
`
`Patent Owner.
`
`__________________
`
`Cases: To be assigned
`U.S. Patent Nos. 8,850,507 and 8,893,212
`
`__________________
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`DECLARATION OF ANDREW WOLFE IN SUPPORT OF
`PETITIONS FOR INTER PARTES REVIEW
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`TABLE OF CONTENTS
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`LIST OF APPENDICES .............................................................................................................. i
`I.
`INTRODUCTION ............................................................................................................. 1
`II.
`QUALIFICATIONS AND EXPERIENCE ....................................................................... 3
`A.
`EDUCATION AND WORK EXPERIENCE ........................................................ 3
`B.
`COMPENSATION ................................................................................................ 8
`C.
`DOCUMENTS AND OTHER MATERIALS RELIED UPON ............................ 8
`STATEMENT OF LEGAL PRINCIPLES ........................................................................ 9
`A.
`Obviousness ........................................................................................................... 9
`B.
`Claim Construction ................................................................................................ 9
`LEVEL OF ORDINARY SKILL IN THE ART ............................................................. 10
`IDENTIFICATION OF THE PRIOR ART AND SUMMARY OF OPINIONS ............ 11
`Background of the Art ..................................................................................................... 11
`THE PRIOR ART ............................................................................................................ 24
`A.
`ELABBADY ........................................................................................................ 24
`B.
`ZINTEL................................................................................................................ 31
`C.
`JANIK .................................................................................................................. 38
`D.
`VALLONE ........................................................................................................... 41
`E.
`PALM .................................................................................................................. 43
`VIII. THE ’507 Patent .............................................................................................................. 44
`A.
`CLAIMS 1 AND 3-18 OF THE ’507 PATENT ARE OBVIOUS OVER
`ELABBADY AND ZINTEL ............................................................................... 44
`A POSITA WOULD HAVE BEEN MOTIVATED TO COMBINE
`ELABBADY AND ZINTEL ............................................................................... 47
`CLAIM 2 OF THE ’507 PATENT IS OBVIOUS OVER ELABBADY,
`ZINTEL, AND JANIK ........................................................................................ 79
`THE ’212 PATENT ......................................................................................................... 84
`A.
`CLAIMS 1-18, 20, AND 22-23 OF THE ’212 PATENT ARE OBVIOUS
`OVER ELABBADY, PALM AND ZINTEL ...................................................... 85
`CLAIM 19 OF THE ’212 PATENT IS OBVIOUS OVER ELABBADY,
`PALM, ZINTEL, AND VALLONE .................................................................. 123
`
`III.
`
`IV.
`V.
`VI.
`VII.
`
`IX.
`
`B.
`
`C.
`
`B.
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`-ii-
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`C.
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`CLAIM 21 OF THE ’212 PATENT IS OBVIOUS OVER ELABBADY,
`PALM, ZINTEL, AND JANIK ......................................................................... 127
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`-iii-
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`LIST OF APPENDICES
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`Appendix A
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`Curriculum Vitae of Andrew Wolfe Ph.D.
`
`Appendix B
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`Apple - Media & Analyst Information - Press Releases -
`Streaming Server
`
`Appendix C
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`Apple - Media & Analyst Information - Press Releases
`
`Appendix D
`
`Apple - Press Info - Apple’s QuickTime 4 Downloads Top 32
`Million and Ten New QTV Channels Premiere
`
`Appendix E
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`Berg_802.11_GMU-TCOM-TR-8
`
`Appendix F
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`Appendix G
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`Appendix H
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`Appendix I
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`Appendix J
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`Appendix K
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`Appendix L
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`BUSINESS TECHNOLOGY - Peering Out a 'Real Time'
`Window - NYTimes
`
`CNN - Internet braces for Clinton's video testimony -
`September 17, 1998
`
`How the world's first webcam made a coffee pot famous - BBC
`News
`
`Kozuch - New Challenges for Video Servers
`
`Liu The Princeton Video Library of Politics
`
`Major League Baseball in RealNetworks Online Deal _ Press
`releases _ News _ Sportcal
`
`Microsoft Delivers Breakthrough Audio and Video Quality
`With Final Release of Windows Media Audio and Video 8 _
`News Center
`
`Appendix M
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`Progear Photo
`
`Appendix N
`
`Psion 5
`
`Appendix O
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`RealNetworks Launches Subscription Service - Streaming
`Media Magazine
`
`Appendix P
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`ReplayTV 4000 UserGuide
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`-i-
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`Appendix Q
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`Rio Receiver
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`Appendix R
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`Trojan Room Coffee Pot Biography
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`Appendix S
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`Turtle_Beach_AT_Manual
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`Appendix T
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`Using the Rio Receiver
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`Appendix U
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`WO9957837A2
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`Appendix V
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`Wolf - Digital video library for classroom
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`-ii-
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`I.
`
`INTRODUCTION
`
`1.
`
`2.
`
`My name is Dr. Andrew Wolfe.
`
`I have been engaged by the Petitioners Netflix, Inc. and Roku, Inc. to
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`investigate and opine on certain issues relating to U.S. Patent No. 8,850,507
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`5
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`(“the ’507 Patent”) in connection with the Petitions for Inter Partes Review.
`
`3.
`
`I have also been engaged by Roku, Inc. to opine on certain issues
`
`relating to U.S. Patent No. 8,893,212 (“the ’212 Patent”).
`
`4.
`
`For the convenience of the Board, I have submitted a single
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`declaration addressing both the ’507 Patent and the ’212 Patent (“the Challenged
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`10
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`Patents”).
`
`5.
`
`I have further been retained by Netflix, Inc. to opine upon U.S. Patent
`
`Nos. 8,527,640; 8,640,183; 8,689,273; and 8,914,840. I have not addressed these
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`patents in this declaration.
`
`6.
`
`I understand that Patent Owner, Convergent Media LLC, has asserted
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`15
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`the ’507 patent against Netflix in Convergent Media Solutions, LLC v. Netflix, Inc.,
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`No. 3:15-cv-02160-N (N.D. Tex) and the ’212 and ’507 patents against Roku in
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`Convergent Media Solutions, LLC v. Roku, Inc., No. 3:15-cv-02163-N (N.D. Tex),
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`which I understand has been consolidated as Convergent Media Solutions, LLC v.
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`AT&T, Inc., 3:15-cv-2156-M (N.D. Tex.).
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`7.
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`In this declaration, I will first discuss the technology background
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`related to the ’507 and ’212 patents and then provide my analyses and opinions on
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`claims 1-18 of the ’507 patent and claims 1-23 of the ’212 patent. This overview
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`provides some of the bases for my opinions with respect to the ’507 and ’212
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`5
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`patents. Because of their similarities and the same prior art cited in petitions for
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`the’507 and ’212 patents, this declaration is with respect to each of the ’507
`
`and ’212 patents.
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`8.
`
`This declaration is based on the information currently available to me.
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`To the extent that additional information becomes available, I reserve the right to
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`10
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`continue my investigation and study, which may include a review of documents
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`and information that may be produced, as well as testimony from depositions that
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`may not yet be taken.
`
`9.
`
`In forming my opinions, I have relied on information and evidence
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`identified in this declaration, including the ’507 and ’212 patents, their prosecution
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`15
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`histories, and prior art references listed in the Grounds of Petitioner’s challenges,
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`other references listed as Exhibits to the IPR petitions and listed as appendices to
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`this declaration.
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`2
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`II. QUALIFICATIONS AND EXPERIENCE
`
`A.
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`EDUCATION AND WORK EXPERIENCE
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`10. Attached as Exhibit A to this declaration is a copy of my curriculum
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`vitae, which provides a substantially complete list of my education, experience and
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`5
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`publications that are relevant to the subject matter of this report.
`
`11.
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`I have more than 30 years of experience as a computer system
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`designer, personal computer graphics designer, educator, and as an executive in the
`
`electronics industry.
`
`12.
`
`In 1985, I earned a B.S.E.E. degree in Electrical Engineering and
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`10
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`Computer Science from The Johns Hopkins University. In 1987, I received an
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`M.S. degree in Electrical and Computer Engineering from Carnegie Mellon
`
`University. In 1992, I received a Ph.D. in Computer Engineering from Carnegie
`
`Mellon University. My doctoral dissertation proposed a new approach for the
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`architecture of a computer processor.
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`15
`
`13.
`
`In 1983, I began designing touch sensors, microprocessor-based
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`computer systems, and I/O (input/output) cards for personal computers as a senior
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`design engineer for Touch Technology, Inc. During the course of my design
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`projects with Touch Technology, I designed I/O cards for PC-compatible computer
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`systems, including the IBM PC-AT, to interface with interactive touch-based
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`20
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`computer terminals that I designed for use in public information systems. I
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`3
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`continued designing and developing related technology as a consultant to the
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`Carroll Touch division of AMP, Inc. and I designed one of the first custom
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`touchscreen integrated circuits in 1986.
`
`14.
`
`From 1986 through 1987, I designed and built a high-performance
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`5
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`computer system as a student at Carnegie Mellon University. From 1986 through
`
`early 1988, I also developed the curriculum, and supervised the teaching
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`laboratory, for processor design courses.
`
`15.
`
`In the latter part of 1989, I worked as a senior design engineer for
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`ESL-TRW Advanced Technology Division. While at ESL-TRW, I designed and
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`10
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`built a bus interface and memory controller for a workstation-based computer
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`system, and also worked on the design of a multiprocessor system.
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`16. At the end of 1989, I (along with some partners) reacquired the rights
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`to the technology I had developed at Touch Technology and at AMP, and founded
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`The Graphics Technology Company. Over the next seven years, as an officer and
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`15
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`a consultant for The Graphics Technology Company, I managed the company's
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`engineering development activities and personally developed dozens of
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`touchscreen sensors, controllers, and interactive touch-based computer systems.
`
`17.
`
`I have consulted, formally and informally, for a number of fabless
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`semiconductor companies. In particular, I have served on the technical advisory
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`4
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`boards for two processor design companies: BOPS, Inc., where I chaired the board,
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`and Siroyan Ltd., where I served in a similar role for three networking chip
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`companies—Intellon, Inc., Comsilica, Inc, and Entridia, Inc.—and one 3D game
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`accelerator company, Ageia, Inc.
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`5
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`18.
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`I have also served as a technology advisor to Motorola and to several
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`venture capital funds in the U.S. and Europe. Currently, I am a director of Turtle
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`Beach Corporation, providing guidance in its development of premium audio
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`peripheral devices for a variety of commercial electronic products.
`
`19.
`
`From 1991 through 1997, I served on the Faculty of Princeton
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`10
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`University as an Assistant Professor of Electrical Engineering. At Princeton, I
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`taught undergraduate and graduate-level courses in Computer Architecture,
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`Advanced Computer Architecture, Display Technology, and Microprocessor
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`Systems, and conducted sponsored research in the area of computer systems and
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`related topics. I was also a principal investigator for DOD research in video
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`15
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`technology and a principal investigator for the New Jersey Center for Multimedia
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`Research. From 1999 through 2002, I taught the Computer Architecture course to
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`both undergraduate and graduate students at Stanford University multiple times as
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`a Consulting Professor. At Princeton, I received several teaching awards, both
`
`from students and from the School of Engineering. I have also taught advanced
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`5
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`microprocessor architecture to industry professionals in IEEE and ACM sponsored
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`seminars. More recently, I have been a lecturer at Santa Clara University teaching
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`graduate courses on Computer Organization and Architecture and undergraduate
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`courses on electronics and embedded computing.
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`5
`
`20.
`
`From 1997 through 2002, I held a variety of executive positions at a
`
`publicly-held fabless semiconductor company originally called S3, Inc. and later
`
`called Sonicblue Inc. For example, I held the positions of Chief Technology
`
`Officer, Vice President of Systems Integration Products, Senior Vice President of
`
`Business Development, and Director of Technology. At the time I joined S3, the
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`10
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`company supplied graphics accelerators for more than 50% of the PCs sold in the
`
`United States. I participated in the design and marketing of over 30 audio/video
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`products including networked audio and video clients and servers.
`
`21.
`
`I have published more than 50 peer-reviewed papers in computer
`
`architecture and computer systems and IC design.
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`15
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`22.
`
`I also have chaired IEEE and ACM conferences in microarchitecture
`
`and integrated circuit design and served as an associate editor for IEEE and ACM
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`journals.
`
`23.
`
`I am a named inventor on at least 51 U.S. patents and 28 foreign
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`patents, including patents on video streaming.
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`6
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`24.
`
`In 2002, I was the invited keynote speaker at the ACM/IEEE
`
`International Symposium on Microarchitecture and at the International Conference
`
`on Multimedia. From 1990 through 2005, I have also been an invited speaker on
`
`various aspects of technology and the PC industry at numerous industry events
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`5
`
`including the Intel Developer’s Forum, Microsoft Windows Hardware Engineering
`
`Conference, Microprocessor Forum, Embedded Systems Conference, Comdex, and
`
`Consumer Electronics Show, as well as at the Harvard Business School and the
`
`University of Illinois Law School. I have been interviewed on subjects related to
`
`computer graphics and video technology and the electronics industry by
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`10
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`publications such as the Wall Street Journal, New York Times, Los Angeles
`
`Times, Time, Newsweek, Forbes, and Fortune as well as CNN, NPR, and the BBC.
`
`I have also spoken at dozens of universities including MIT, Stanford, University of
`
`Texas, Carnegie Mellon, UCLA, University of Michigan, Rice, and Duke.
`
`25. Based on my technical education, and my years of professional
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`15
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`experience as both an engineer and as an educator, I consider myself to be an
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`expert in the field of computer architecture and computer system design, audio and
`
`video streaming, consumer electronics, and computer programming, including
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`related standards, processes, and protocols. Moreover, I am very familiar with the
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`operation and functional capabilities and limitations of digital audio and video
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`7
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`devices and media distribution services existing during the late 1990s and early
`
`2000s.
`
`26. My professional experience with computers and consumer electronics,
`
`as well as my educational background, is summarized in more detail in my C.V.,
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`5
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`which is attached to this declaration. I am qualified to give an opinion regarding
`
`the state of the art and the validity of the ’212 and ’507 patents due to my
`
`experience and education in the field.
`
`B.
`
`27.
`
`COMPENSATION
`
`I am being compensated for the services I am providing in this
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`10
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`declaration. The compensation is not contingent upon my performance, the
`
`outcome of this inter partes review or any other proceedings, or any issues
`
`involved in or related to this inter partes review or any other proceedings.
`
`C.
`
`28.
`
`DOCUMENTS AND OTHER MATERIALS RELIED UPON
`
`The documents on which I rely for the opinions expressed in this
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`15
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`declaration are documents and materials identified in this declaration, including
`
`the’212 and ’507 patents, their prosecution histories, the prior art references, the
`
`petitions against the above patents, the exhibits submitted in the Petition, and
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`information discussed and any other references specifically identified in this
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`declaration.
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`20
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`29.
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`8
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`III.
`
`STATEMENT OF LEGAL PRINCIPLES
`
`A.
`
`30.
`
`Obviousness
`
`It is my understanding that obviousness under pre-AIA 35 U.S.C.
`
`§ 103 effective before March 16, 2013 is a basis for invalidity. I understand that
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`5
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`where a prior art reference does not disclose all of the limitations of a given patent
`
`claim, that patent claim is invalid if the differences between the claimed subject
`
`matter and the prior art reference are such that the claimed subject matter as a
`
`whole would have been obvious at the time the invention was made to a person
`
`having ordinary skill in the relevant art. Obviousness can be based on a single
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`10
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`prior art reference or a combination of references that either expressly or inherently
`
`disclose all limitations of the claimed invention. In an obviousness analysis,
`
`inferences and creative steps that a person of ordinary skill in the art would employ
`
`can be taken into account.
`
`B.
`
`31.
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`15
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`Claim Construction
`
`It is my understanding that, when construing claim terms of an
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`unexpired patent, a claim subject to inter partes review receives the broadest
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`reasonable interpretation (BRI) in light of the specification of the patent in which it
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`appears.
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`9
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`
`32.
`
`I understand that the claims and specification of a patent must be read
`
`and construed through the eyes of a person of ordinary skill in the art at the time of
`
`the priority date of the claims. To determine the appropriate level of a person
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`5
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`having ordinary skill in the art, the following factors may be considered: (a) the
`
`types of problems encountered by those working in the field and prior art solutions
`
`thereto; (b) the sophistication of the technology in question, and the rapidity with
`
`which innovations occur in the field; (c) the educational level of active workers in
`
`the field; and (d) the educational level of the inventor.
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`10
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`33.
`
`In light of the disclosed technology in the ’507 and ’212 patents, it is
`
`my opinion that a person having ordinary skill in the art should have a Bachelor of
`
`Science or equivalent degree in electrical engineering, computer engineering, or
`
`computer science with at least 2 years of experience in a technical field related to
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`multimedia technology and computer systems. This description is approximate
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`15
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`and additional educational experience could make up for less work experience and
`
`vice versa.
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`10
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`V.
`
`IDENTIFICATION OF THE PRIOR ART AND SUMMARY OF
`OPINIONS
`
`34.
`
`It is my opinion that Elabbady and Zintel render obvious claims 1 and
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`3-18 and Elabbady, Zintel, and Janik render obvious claims 2 of the ’507 patent.
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`5
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`This is discussed on a claim by claim basis below.
`
`35.
`
`It is also my opinion that Elabbady, Palm, and Zintel render obvious
`
`claims 1-18, 20, and 22-23, Elabbady, Palm, Zintel, and Janik render obvious
`
`claim 21, and Elabbady, Palm, Zintel, and Vallone render obvious claim 19 of
`
`the ’212 patent.
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`10
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`VI. BACKGROUND OF THE ART
`
`36.
`
`The Challenged Patents are directed generally to interactive television
`
`and similar interactive media such as from television or Internet sources, and more
`
`particularly to the provision and use of user interfaces that permit interaction using
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`multiple coordinated device sets. See e.g., ’507 Patent at 1:10-16.1 The
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`15
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`Challenged Patents discuss and rely upon existing technology in the fields of
`
`media distribution, networked communications, discovery protocols, user
`
`interfaces, and metadata representations. There had been a great deal of progress
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`in these underlying technologies in the decade preceding the filing of the
`
`1 Because the Challenged Patents share the same specification, I have only cited to
`one. The other patent has the same disclosures.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`provisional application cited in the Challenged Patents. This includes the public
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`launch of the World Wide Web in the early 90s, the academic and commercial
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`development of streaming media, advanced in Ethernet and wireless
`
`communications technology, the spread of client-server computing systems, and
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`5
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`the growth of digital audio and video technology.
`
`37.
`
`Streaming audio and video dates back to the earliest days of the World
`
`Wide Web. Prior to the introduction of web browsers, researchers at CERN, the
`
`European particle physics laboratory, pointed a camera at their coffee pot and
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`streamed the images over the internet to the xcoffee application that allowed users
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`10
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`of the X-Windows graphical user interface (GUI) to view the coffee pot in real
`
`time. https://www.cl.cam.ac.uk/coffee/qsf/coffee.html. In 1993, this was
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`converted to allow use with a standard web browser.
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`http://www.bbc.com/news/technology-20439301. Both X-Windows and the web
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`browser allowed access over a local or wide-area network.
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`15
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`38. By 1994, more traditional video server applications were developed
`
`and publicly disclosed. For example, in 1994 and 1995, I published articles
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`12
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`describing the Princeton Video Library of Politics.2 This was a client-server video
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`streaming system that had been developed at Princeton University under a grant
`
`from the U.S. DOD. The system was intended to provide a browsable set of video
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`segments that could be viewed, paused, rewound, and otherwise manipulated by
`
`5
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`students in order to study a historical subject. In our initial video library, the
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`videos were all presidential campaign advertisements that had appeared on
`
`television. The server would provide captioned thumbnail images of various video
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`streams. A user could select from among these streams and add annotations or
`
`access commentary. An instructor could prepare playlists to correspond to lesson
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`10
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`plans. By the very nature of X-Windows, the various display windows could be
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`assigned to one or more client machines.
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`2 Liu, B., Wolf, W., Kulkarni, S., Wolfe, A, et. al, “The Princeton Video Library of
`Politics”, Digital Libraries ‘94 – The First Annual Conference on the Theory and
`Practice of Digital Libraries, pp. 215-216, June 1994.
`Wolf, W., Liu, B., Wolfe, A., Martonosi, M., and Liang, Y., “A Digital Video
`Library for Classroom Use”, International Symposium on Digital Libraries,
`Tsukuba Science City, Japan, August, 1995.
`Wolf, W., Liu, B., Wolfe, A., Yeung, M., Yeo, B., and Markham, D., “Video as
`Scholarly Material in the Digital Library,” Chapter 1 in Advances in Digital
`Libraries '95, Springer-Verlag, 1995.
`Kozuch, M., Wolf, W., and Wolfe, A., “Client-server Architectures for Nonlinear
`Video Services”, SPIE Conference on Integration Issues in Large Commercial
`Storage Systems, SPIE, Philadelphia, PA, Oct., 1995
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`Client-server video architecture - “Video as Scholarly Material in the Digital
`Library”
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`5
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`User Interface - “Video as Scholarly Material in the Digital Library”
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`Roku, Inc. Exhibit 1009
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`DECLARATION OF ANDREW WOLFE
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`39.
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`In 1995, internet video distribution capabilities were discussed in the
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`New York Times. Appendix F. By 1998, Real Networks had video streaming
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`capabilities that were being used by major news operations. Appendix G. In
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`April, 1999, Apple added video streaming capability to its Quicktime software
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`with the release of Quicktime 4 and the Quicktime Streaming Server. Appendix D.
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`The Quicktime 4 software used "Nonproprietary industry standard RTP3 and
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`RTSP4 protocols for streaming over the Internet.” It offered “intuitive user
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`controls” for functions like play, pause, and content selection as well as audio
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`controls. Id. It could display media, including streaming video, within a web
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`page. Id. It supported HTTP streaming protocols. Id. It allowed integration of
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`video with other forms of media. Id.
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`40. By 2000, commercial video streaming services had become well-
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`known. For example, by 2000, Real Networks, known for streaming audio, added
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`streaming video subscriptions to its platform. Appendix O. In particular, the gold
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`pass subscription service included unlimited access to video from ABC News and
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`Sports Illustrated. Appendix O. Quicktime 4 also supported QuickTime TV with
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`3 Real-time Transport Protocol – see https://en.wikipedia.org/wiki/Real-
`time_Transport_Protocol
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`4 Real-time Streaming Protocol – see https://en.wikipedia.org/wiki/
`Real_Time_Streaming_Protocol
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`over 40 premium channels in 2000. Appendix D. By 2001, Microsoft had
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`increased the quality of its previously introduced Windows Media video streaming
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`technology to provide broadcast-quality video over the internet. Appendix L. This
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`technology could be used, for example, to select and watch movie trailers. Id. It
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`also supported digital rights management (DRM) and enabled commercial on-line
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`movie services such as Intertainer and Cinema-Now. Id.
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`41. Other core technologies were well-known prior to the Challenged
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`Patents as well. For example, 801.11 wireless technology was ratified as a
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`standard in 1994 followed by the more popular Wi-Fi standard 802.11b in 1999.
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`Appendix E. The 5GHz 802.11a standard was also ratified in 1999. Id. 802.11a
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`was intended to support multimedia streaming with higher bandwidth than
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`802.11b. Id. The 802.11e standard, specifically intended for real-time video, also
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`began formal development as a standard in 2000. Id.
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`42. Commercial wireless access points using the IEEE 802.11 family
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`standards were widely used and available in any electronic store. As an example,
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`Linksys made a wireless access point in 2001 for use in home networks. See
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`EX1022 and 1023. A POSITA would appreciate that devices communicating with
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`other devices over conventional wireless networks would be configured for
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`communication using a wireless communications protocol like IEEE 802.11.
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`DECLARATION OF ANDREW WOLFE
`IN SUPPORT OF PETITIONS FOR INTER PARTES REVIEW
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`43.
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`Protocols for communicating capabilities between computer systems
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`were also well known at the time. TCP/IP and UDP were used for establishing and
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`maintaining communication channels over a network. ’507 patent at 22:24-47.
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`DOCSIS was used to provide internet services over cable TV wiring. Id. HTML
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`and HTTP were used to provide data, including streaming content, metadata, and
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`user-interface specifications, over the internet via web browsers. Id. at 5:10-17;
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`22:24-47. XML was used to describe capabilities or systems and characteristics of
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`data sets. Id. at 23:47-57; 10:4-32. MPEG 2 and other MPEG variants were used
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`for encoding and transport of audio, video, and metadata. Id. at 23:38-39; 20:20-
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`40.
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`44. Windows-based user interfaces, both touchscreen-based and mouse
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`based, were well-known and in common usage. Apple provided the Macintosh
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`computer family that used a WIMP (Window, Icon, Menu, Pointer) GUI.
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`Microsoft Windows and X-Windows/Linux offered similar features. In addition to
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`common mouse or trackpad-based input, touchscreen input was available on
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`laptops such as the IBM Thinkpad 360PE in 1995, the Psion 5 in 1995, and the
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`FrontPath Progear in 2000, all of which could connect to the internet.
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`5
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`IBM Thinkpad 360PE
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`Psion 5
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`Frontpath Progear
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`45. Universal Plug and Play (UPnP) is one of the networking and
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`5
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`discovery protocols that was known at the time that the provisional application for
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`the Challenged Patents was submitted. UPnP is “an architecture for pervasive
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`peer-to-peer network connectivity of intelligent appliances, wireless devices, and
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`PCs of all form factors.” Universal Plug and Play Device Architecture v. 1.0,
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`EX1020. It is designed to support zero-configuration, "invisible" networking, and
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`automatic discovery for a breadth of device categories from a wide range of
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`vendors. This means a device can dynamically join a network, obtain an IP
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`address, convey its capabilities, and learn about the presence and capabilities of
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`other devices. Id. UPnP leverages Internet components, including IP, TCP, UDP,
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`HTTP, and XML. Devices communicate using protocols that are declarative,
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`expressed in XML, and communicated via HTTP. Id. UPnP allows each device to
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`establish an IP address, whether or not a DHCP server is allocating the addresses.
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`Id.
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`46.
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`Step 1 in UPnP networking is discovery. When a device is added to
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`the network, the UPnP discovery protocol allows that device to advertise its
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`services to control points on the network. Similarly, when a control point is added
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`to the network, the UPnP discovery protocol allows that control point to search for
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`devices of interest on the network. The fundamental exchange in both cases is a
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`discovery message containing a few, essential specifics about the device or one of
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`its services, e.g., its type, identifier, and a pointer to more detailed information.
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`The UPnP discovery protocol is based on the Simple Service Discovery Protocol
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`(SSDP). Id.
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`47.
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`Step 2 in UPnP networking is description. A control point initially
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`knows very little about a device. For the control point to learn more about a device
`
`and its capabilities, or to interact with the device, the control point must retrieve
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`the device's description from the URL provided by the device in the discovery
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`message. Devices may contain other, logical devices, as well as functional units, or
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`services. The UPnP description for a device is expressed in XML and includes
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`vendor-specific, manufacturer information like the model name and number, serial
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`number, manufacturer name, URLs to vendor-specific Web sites, etc. The
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`description also includes a list of any embedded devices or services, as well as
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`5
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`URLs for control, eventing, and presentation. For each service, the description
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`includes a list of the commands, or actions, the service responds to, and
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`parameters, or arguments, for each action; the description for a service also
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`includes a list of variables; these variables model the state of the service at run
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`time, and are described in terms of their data type, range, and event characteristics.
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`Id.
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`48.
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`S