Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 1 of 7
`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 1 of 7
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`EXHIBIT 19
`EXHIBIT 19
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 2 of 7
`Case 4:ll-cv-06357-YGR Document 95-5 Filed 05/09/12 Page lot 6
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`EXHIBIT 5
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`ANCORA_00002624
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 3 of 7
`Case 4:ll-cv-06357-YGR Document 95-5 Filed 05/09/12 Page 2 of 6
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`William E. Thomson, Jr. (SBN 47195)
`wthomson@brookskushman. com
`BROOKS KUSHMAN P.C.
`601 S. Figueroa St, Suite 2080
`Los Angeles, CA 90017-5726
`Tel: (213)622-3003
`Fax: (213)622-3053
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`Mark A. Cantor (Pro Hac Vice)
`mcantor@brookskushman. corn
`John S. Le Roy (Pro Hac Vice)
`j leroy@brookskushman. corn
`Marc Lorelli (Pro Hac Vice)
`mloreUi@brookskushman. corn
`John P. Rondmi (Pro Hac Vice)
`jrondini@brookskushman.com
`BROOKS KUSHMAN P.C.
`1000 Town Center, Twenty-Second Floor
`Southfield, MI 48075
`Tel.: (248)358-4400
`Fax: (248)358-3351
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`Attorneys for Plaintiff Ancora Technologies, Inc.
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`UNITED STATES DISTMCT COURT
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`NORTHERN DISTMCT OF CALIFORNIA
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`OAKLAND DIVISION
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`Case No. 4:ll-cv-06357-YGR
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`DECLARATION OF IAN JESTICE
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`ANCORA TECHNOLOGIES, INC.
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`Plaintiff,
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`V.
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`APPLE, INC.,
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`Defendant.
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`APPLE, INC.
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`Counterclaimant,
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`V.
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`ANCORA TECHNOLOGIES, INC.
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`Counterdefendant.
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`ANCORA_00002625
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 4 of 7
`Case 4:ll-cv-06357-YGR Document 95-5 Filed 05/09/12 Page 3 of 6
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`I, lan Jestice, declare as follows:
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`1. I have been engaged by Ancora as a technical expert in this case.
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`2. I have over 38 years of experience with computer storage devices and embedded
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`software systems for industry and consumer products, includmg BootROM and BIOS. I have
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`written and designed BIOS, device drivers, software and firmware for Windows, Linux,
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`VxWorks, QNX and other embedded real-time operating systems ( RTOSs ). I am a software
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`developer experienced with various programming languages, including C, C++, Delphi, C# and
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`assembly. I hold a degree m Telecommunications and Computer Science from City and Guilds
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`Institute of London.
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`3. I have reviewed U.S. Patent No. 6,411,941 (the '941 patent) and its file history,
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`including the reexamination file history in which the Patent Office reconfirmed the patentability
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`of claims of the '941 patent. Because of my education and experience summarized above, I am
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`readily familiar with the terms and concepts disclosed in the patent and recited in the claims.
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`4. I understand that disputes have arisen between the parties regarding the meaning
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`of "volatile" and "non-volatile" memory as those terms are used in the asserted claims of the
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`20 11'941 patent.
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`5. The terms "volatile" and "non-volatile" memory are very well defined terms in
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`the computer industry. While the physical composition of the two types of memory can vary as
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`explained below, the key distinction between the two types of memory is that information stored
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`in "volatile" memory is not preserved for use after power is removed, and information stored in
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`"non-volatile" memory is preserved for use after power is removed.
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`Declaration ot lan Jestice
`CaseNo. 4:ll-cv-06357-YGR
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`ANCORA_00002626
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 5 of 7
`Case 4:ll-cv-06357-YGR Document 95-5 Filed 05/09/12 Page 4 of 6
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`6. The meaning of volatile / non-volatile memory is well understood by persons of
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`skill in the art of computer hardware and programming. During examination of the '941 patent,
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`the examiner provided the correct definition for the term "non-volatile memory": "memory that
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`is mamtained even when the power is removed from the storage system." (6/21/01 Office
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`Action, p. 108.) It follows from this definition that "volatile" memory is memory that is not
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`mamtamed when the power is removed from the storage system - the opposite of "non-volatile"
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`memory.
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`7. Volatile memoiy can take several physical forms. For example, Random Access
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`JVtemory or "RAM" is often considered "volatile" memory because information stored in RAM
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`is automatically lost when power is removed. Other physical forms of memory are also
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`commonly used as volatile memory, however, such as "flash" and "hard disk" or "hard drive."
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`Due to the historically higher price of RAM storage in comparison to the price of hard drive
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`storage (certainly at the time the '941 application was filed in 1998), available space on the hard
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`was often used while the computer was running to supplement the volatile storage space
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`available in RAM. This supplemental storage is common and is often referred to as "virtual"
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`memory. Information stored in virtual memory, like information stored in RAM is not preserved
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`for use after power is removed, i.e., the computer is turned off.
`^ ^^-^.-^.. „._-„„.-„,,
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`8. The '941 patent recognizes that volatile memory can be stored in either "RAM"
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`or "hard disk." ('941 patent, 4:52-54; 5:15-16.) This is consistent with the understanding of
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`persons of ordinary skill in the art explained above.
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`9. I also understand that a dispute has arisen as to the meaning of the term "BIOS."
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`BIOS is a necessary component of all computers today. Because a computer processor has no
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`knowledge or memory at the time it is first started, the BIOS conditions or initializes the
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`Declaration ot lan Jestice
`Case No. 4:ll-cv-06357-YGR
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`ANCORA_00002627
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 6 of 7
`Case 4:ll-cv-06357-YGR Document 95-5 Filed 05/09/12 Page 5 of 6
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`processor in terms of what it is connected to for purposes input and output, and where to find the
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`first instruction to execute.
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`10. At the time the computer is fast started, BIOS automatically performs the initial
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`steps necessary to boot the operating system. While different computers may have different
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`steps performed by the BIOS, the steps may include initializmg the RAM and identifying the
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`memory location of instructions to be executed at startup.
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`11. Without these initialization steps being performed, a computer is unable to
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`operate because it has no inherent knowledge of what it is connected to for input and output, or
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`where to find the first instruction to execute.
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`12. Before the advent of BIOS, these parameters had to be set manually by the user.
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`For decades, however, BIOS has been implemented to perform these steps automatically.
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`13. I understand that Apple contends that BIOS is only present in "IBM" computers,
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`presumably to exclude "Apple" computers. That is not correct because virtually all computers
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`have BIOS. Any computer that does not include BIOS would require the user to manually input
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`the system mitialization parameters described above at start-up. I am not aware of any computer
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`available for retail sale today, or in 1998 when the '941 application was filed, that requires
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`manual initialization. This is because they all include BIOS which performs the initialization
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`steps automatically at start-up.
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`Declaration ot lan Jestice
`Case No. 4:ll-cv-06357-YGR
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`ANCORA_00002628
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`Case 1:20-cv-00034-ADA Document 45-21 Filed 03/20/20 Page 7 of 7
`Case 4:ll-cv'-06357-YGR Document 95-5 Filed 05/09/12 Page 6 of 6
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`I declare under penalty of perjury that the foregoing is true and correct to the best
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`of my knowledge.
`Date: ^ J^ftP^ _ /l-t/ /^^l^
`z lan Jestice
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`Declaration of lan Jestice
`Case No. 4:1 l-cv-06357-YGR
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`ANCORA_00002629
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