Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`Facebook, Inc., Instagram LLC
`Petitioners
`
`v.
`
`Skky, LLC
`Patent Owner
`
`U.S. Patent No. 9,203,870
`U.S. Patent No. 9,203,956
`U.S. Patent No. 9,215,310
`U.S. Patent No. 9,219,810
`
`Title: MEDIA DELIVERY PLATFORM
`
`DECLARATION OF WILLIAM H. BECKMANN, PH.D. IN SUPPORT OF
`PETITIONS FOR COVERED BUSINESS METHOD (CBM) REVIEW
`
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`Facebook's Exhibit No. 1002
`Page 1
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`Table of Contents
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`Page
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`
`I.
`II.
`
`V.
`
`BRIEF SUMMARY OF MY OPINIONS ...................................................... 1
`INTRODUCTION AND QUALIFICATIONS .............................................. 2
`A. Qualifications and Experience ............................................................. 2
`B. Materials Considered ............................................................................ 5
`III. PERSON OF ORDINARY SKILL IN THE ART ......................................... 9
`IV. BACKGROUND ON RELEVANT TECHNOLOGIES AT THE
`TIME OF THE ALLEGED INVENTION ................................................... 10
`A.
`Electronic Storage and Retrieval of Digital Media Files ................... 11
`B.
`Cellular Phones ................................................................................... 12
`C. OFDM................................................................................................. 15
`D. Audio Channels vs. Data Channels Used in Communications .......... 18
`THE SKKY PATENT’S TECHNIQUE FOR DELIVERING
`DIGITAL MEDIA ........................................................................................ 19
`A.
`The Specification ................................................................................ 19
`B.
`The Freidson Declaration ................................................................... 22
`C.
`Claim Construction ............................................................................ 23
`VI. OPINIONS REGARDING PATENT-ELIGIBLE SUBJECT
`MATTER ...................................................................................................... 24
`A.
`Storage of and Transmission of Compressed Digital Content ........... 25
`B. Wireless Devices and Digital Content Delivery ................................ 28
`C. Wireless Device Processors and Receivers ........................................ 30
`D. OFDM................................................................................................. 31
`E.
`Streaming Digital Content .................................................................. 38
`F.
`Computerized Rights Management .................................................... 40
`G. Optimization of Digital Content Files ................................................ 43
`H.
`Conclusion .......................................................................................... 45
`VII. OPINIONS REGARDING WHAT THE INVENTOR “REGARDS”
`AS THE INVENTION ................................................................................. 46
`-i-
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`Table of Contents
`(continued)
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`Page
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`VIII. OPINIONS REGARDING WHETHER THE INVENTOR HAD
`POSSESSION OF THE INVENTION ......................................................... 53
`IX. CONCLUSION ............................................................................................. 55
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`-ii-
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`I, William Beckmann Ph.D., declare as follows:
`
`1.
`
`I have personal knowledge of the facts stated in this declaration, and
`
`could and would testify to these facts under oath if called upon to do so.
`
`2.
`
`I have been retained by counsel for Facebook, Inc. and Instagram,
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`LLC (Petitioners) in this case as an expert in the relevant art.
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`3.
`
`I have been asked to provide my opinions relating to the claims of
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`four patents to John Mikkelsen et al., which I understand are assigned to Skky,
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`LLC (“Patent Owner” or “Skky”): U.S. Patent No. 9,203,870 (“’870”), 9,203,956
`
`(“’956”), 9,215,310 (“’310”) and 9,219,810 (“’810”). I will refer to these patents
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`collectively as the “Skky patents.”
`
`I.
`
`BRIEF SUMMARY OF MY OPINIONS
`4.
`
`The claims of the four Skky patents listed above, all entitled “Media
`
`Delivery Platform,” purport to disclose techniques for storing digital media files or
`
`electronic content and providing or distributing it to a user operating a cellular
`
`phone. As explained in detail in Section VI, the supposedly technological features
`
`in these claims recite no inventive concept. They instead recite well-understood,
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`routine, and conventional activities that were known to persons of ordinary skill in
`
`the art. In addition, as explained in detail in Sections VII and VIII, the claims of
`
`these patents do not recite what the inventor regarded as the invention, and are not
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`adequately supported by the written description.
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`
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`1
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`II.
`
`INTRODUCTION AND QUALIFICATIONS
`A. Qualifications and Experience
`5.
`I am currently President and Co-Founder of Network Computing
`
`Associates, a consulting firm
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`that provides expertise
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`to companies and
`
`organizations in making or executing decisions that involve network and
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`information technologies and their integration into the company’s business
`
`processes. I have more
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`than 35 years of
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`technical experience
`
`in
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`the
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`telecommunications field. For example, I have designed, developed, tested,
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`maintained, marketed and sold telecommunications networks including POTS
`
`(plain old telephone service) networks, access networks (including ISDN and
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`DSL), wireless networks (both cellular and WiFi), IP (including TCP/IP and
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`UDP/IP, wide area and LAN) networks, metallic/fiber/microwave facility
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`backbone infrastructure networks, wireless broadcast networks (primarily for
`
`television broadcast) and satellite networks (including DirecTV in the U.S. and
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`BSkyB in the U.K.).
`
`6.
`
`I have dealt with information technology (“IT”) systems for even
`
`longer. My first major programming effort (while I was a graduate student at
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`Cornell) was for the Cornell School of Hotel Administration regarding an IBM
`
`System 370 database system. The programming tools in that matter included RJE,
`
`Fortran, and a beta version of IBM’s DB2 relational database system. When I
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`
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`2
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`joined Bell Labs (BTL) in 1980, I became one of the first Unix “hackers,” helping
`
`BTL develop Unix system security and system access methods.
`
`7.
`
`At Bellcore (Bell Communications Research) in the mid-1980s, I
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`worked with start-up companies in Silicon Valley developing techniques and
`
`products in MPEG encoding and decoding. Because of my extensive work with
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`MPEG (both at Bellcore and later at IBM, when my organization, working with
`
`IBM Research, was responsible for the design and development of the IBM Video
`
`Server), I am quite familiar with encoding and decoding techniques, such as JPEG
`
`(because
`
`the
`
`I-frames
`
`in an MPEG stream use essentially
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`the same
`
`encoding/decoding techniques as JPEG). I also worked with MIT in its “Project
`
`Athena” that developed a campus-wide distribution network and databases that
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`included personnel (i.e., students, faculty, etc.) records that included text, image,
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`audio, and video.
`
`8.
`
`I have worked extensively with database systems, primarily IBM and
`
`Oracle, and am familiar with their structure, their programming and their
`
`administration. One of the largest database system projects undertaken in the U.S.
`
`in the early 1990s was the project I led at Ameritech. I have worked with and am
`
`familiar with the Windows FAT and NTFS database systems.
`
`9.
`
`I am also familiar with processing in the smart phone environment.
`
`Two of my current cases are involved with the Android system; and, as you may
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`
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`3
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`know, Android is based on a Linux kernel (Linux is essentially a version of Unix,
`
`from a technical point of view).
`
`10. Furthermore, I have provided
`
`technical expertise
`
`to a major
`
`smartphone manufacturer regarding the formatting, processing and communication
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`of image and video in the smart phone environment.
`
`11.
`
`I am familiar with
`
`the use of orthogonal frequency-division
`
`multiplexing (OFDM) in communication systems. In the 1980s to early 1990s I
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`worked on and assessed ADSL (Asymmetric Digital Subscriber Line) technologies
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`that employed discrete multitone modulation, an adaptive OFDM modulation used
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`to increase the data transport capacity of standard telephone copper lines. In the
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`early 2000s I consulted for the Federal Communications Commission (FCC) on the
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`use of digital modulation techniques, such as quadrature amplitude modulation
`
`(QAM), and the use of fast Fourier transform (FFT) and inverse fast Fourier
`
`transform (IFFT) techniques with OFDM systems. In the mid-2000s, I consulted
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`for British Telecom on employing OFDM with various modulation methods for
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`access to data communications networks such as the Internet. Most recently, from
`
`2012 to 2016, I have headed a technology group for the International Consortium
`
`on Cybersecurity in International Financial Transactions. In this role, I have
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`examined protocols for providing secure communications over wireless and
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`wireline OFDM channels.
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`
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`4
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`12.
`
`I have an M.S. and Ph.D. in Mathematics, both from Cornell
`
`University. I obtained a B.S., summa cum laude, in Mathematics from Davidson
`
`College. Among other academic appointments, I have been an Assistant Professor
`
`of Mathematics and Computer Science at Middlebury College and an Adjunct
`
`Professor of Electrical Engineering at Rensselaer Polytechnic Institute. I am a
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`member of a number of professional affiliations, including the Association of
`
`Computing Machinery (“ACM”) and the Institute of Electrical and Electronics
`
`Engineers (“IEEE”).
`
`13. Additional details of my background are set forth in my curriculum
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`vitae, attached as Exhibit A to this Declaration, which provides a more complete
`
`description of my educational background and work experience, and lists the
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`presentations, articles and other publications I have authored or to which I have
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`contributed.
`
`14.
`
`I am being compensated for the time I have spent on this matter at the
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`rate of $500 per hour. My compensation does not depend in any way upon the
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`outcome of this proceeding.
`
`B. Materials Considered
`15. The analysis that I provide in this Declaration is based on my
`
`education and experience in the telecommunications and information technology
`
`industries, as well as the documents I have considered including the ’870, ’956,
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`’810 and ’310 patents, which all claim priority to a series of earlier applications,
`
`the earliest being a provisional application filed on June 27, 2001. I have therefore
`
`assumed a June 27, 2001 date of invention with respect to the ’870, ’956, ’310 and
`
`’810 patents.1 I also reviewed the file histories for these patents.
`
`16. This Declaration cites the following documents for various purposes,
`
`as explained below, including describing the relevant technology and the relevant
`
`state of the art at the time of the alleged invention of the Skky patents:
`
`Ex. No.
`
`1004
`
`1005
`
`1006
`
`1007
`
`Description of Document
`
`Excerpts from John Hedtke, MP3 and the Digital Music Revolution:
`Turn your PC into a CD-Quality Digital Jukebox! (1999)
`
`U.S. Patent No. 6,714,797 to Heikki Rautila, entitled “System and
`Method for the Transfer of Digital Data to a Mobile Device”
`
`Excerpts from Scot Hacker, MP3: The Definitive Guide (2000)
`
`EP 1033894 A2 to Masatoshi Saito, entitled “Portable Telephone
`Terminal Apparatus for Receiving Data and Data Receiving Method”
`
`1008
`
`Excerpts from Setrag Khoshafian, Multimedia and Imaging
`Databases (1995)
`
`1 Because the June 27, 2001 provisional is the earliest application to which the
`
`’870, ’956, ’810, and ’310 patents could claim priority, I have assumed that date
`
`for purposes of my Declaration. I have not provided an opinion as to whether the
`
`claims are adequately disclosed and supported by the June 27, 2001 provisional.
`
`
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`6
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`Ex. No.
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`Description of Document
`
`U.S. Patent No. 6,423,892 to Muralidharan Ramaswamy, entitled
`“Method, Wireless MP3 Player and System for Downloading MP3
`Files from the Internet”
`
`U.S. Patent No. 7,065,342 to Devon A. Rolf, entitled “System and
`Mobile Cellular Telephone Device for Playing Recorded Music”
`
`Alan Gatherer et al., DSP-Based Architectures for Mobile
`Communications: Past, Present and Future, IEEE Communications,
`pp. 84-90 (Jan. 2000)
`
`Excerpts from Richard Van Nee et al., OFDM for Wireless
`Multimedia Communications (2000)
`
`U.S. Patent No. 3,488,445, entitled “Orthogonal Frequency Multiplex
`Transmission System”
`
`Excerpts from Ahmad R.S. Bahai et al., Multi-Carrier Digital
`Communications (1999)
`
`L. Cimini, Analysis and Simulation of a Digital Mobile Channel
`Using Orthogonal Frequency Division Multiplexing, IEEE Trans.
`Commun., Vol. 33, No. 7, pp. 665-675 (July 1985)
`
`E.F. Casas, OFDM for Data Communication Over Mobile Radio FM-
`Channels-Part I: Analysis and Experimental Results, IEEE Trans.
`Commun., Vol. 39, No. 5, pp. 783-793 (May 1991)
`
`1017 William D. Warner, OFDM/FM Frame Synchronization for Mobile
`Radio Data Communication, IEEE Trans. on Veh. Tech., Vol. 42, No.
`3, pp. 302-313 (Aug. 1993)
`
`1018 William Y. Zou and Yiyan Wu, COFDM: An Overview, IEEE
`Transactions on Broadcasting, Vol. 41, pp. 1-8 (Mar. 1995)
`
`1019 W.A.C. Fernando and R.M.A.P. Rajatheva, Performance of COFDM
`for LEO Satellite Channels in Global Mobile Communications,
`Vehicular Technology Conference, 1998. VTC 98. 48th IEEE Vol. 2,
`1503-1507 (1998)
`
`
`
`7
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`Ex. No.
`
`1020
`
`1021
`
`1022
`
`1023
`
`Description of Document
`
`Justin Chuang et al., High-Speed Wireless Data Access Based on
`Combining EDGE with Wideband OFDM, IEEE Comms., Vol. 37,
`No. 11, pp. 92-98 (Nov. 1999)
`
`U.S. Patent No. 5,726,978 to Carl Frodigh et al., entitled “Adaptive
`Channel Allocation in a Frequency Division Multiplexed System”
`
`U.S. Patent No. 5,828,650 to Esa Malkamaki, entitled “Combined
`Modulation—and Multiple Access Method for Radio Signals”
`
`EP 0786890 A2 to Mitsuhiro Suzuki, entitled “Resource Allocation in
`a Multi-User, Multicarrier Mobile Radio System”
`
`1024 WO 1997030531 A1 to Roger Larsson, entitled “Improvements in or
`Relating to OFDM Systems”
`
`1025
`
`1026
`
`1027
`
`1028
`
`U.S. Patent No. 4,843,562 to Stephen C. Kenyon et al., entitled
`“Broadcast Information Classification System and Method”
`
`Tom McCourt et al., SoundScan and the Consolidation of Control in
`the Popular Music Industry, Media, Culture & Society (1997)
`
`“How You Get Paid at ASCAP” (attached to the Affidavit of
`Christopher Butler, Internet Archive)
`
`EMusic.com, Inc. 10-K Report for the Fiscal Year Ended June 30,
`2000
`
`1029 WO 2000/043905 A1 to Bernard Fritsch, entitled “Distribution of
`Musical Products over the Internet”
`
`1030
`
`1031
`
`Underhill & Gertler, The Complete Idiot’s Guide to MP3: Music on
`the Internet (2000)
`
`Robert W. Chang, Synthesis of Band-Limited Orthogonal Signals for
`Multichannel Data Transmission, Bell System Technical Journal,
`Volume 45, Issue 10, pp. 1775–1796 (Dec. 1966)
`
`1032
`
`U.S. App. Pub. No. 2002/0168082 to Ravi Razdan, entitled “Real-
`
`
`
`8
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`Ex. No.
`
`Description of Document
`Time, Distributed, Transactional, Hybrid Watermarking Method to
`Provide Trace-Ability and Copyright Protection of Digital Content in
`Peer-to-Peer Networks”
`
`1033
`
`1034
`
`1035
`
`1036
`
`1037
`
`1038
`
`1039
`
`Declaration of Robert Freidson under 37 C.F.R. § 1.132, August 8,
`2008, filed in U.S. Patent Appl. No. 10/183,756
`
`Amendment and Response, August 5, 2008, filed in U.S. Patent Appl.
`No. 10/183,756
`
`IPR2014-01236, Ex. 2021 (Declaration of Professor Kevin C.
`Almeroth)
`
`Excerpts from IEEE Std 801-11a-1999, Part 11: Wireless LAN
`Medium Access Control (MAC) and Physical Layer (PHY)
`specifications: High-speed Physical Layer in the 5 GHz Band
`
`U.S. Patent No. 6,711,622 to Michael J. Fuller, entitled “Video and
`Audio Streaming for Multiple Users”
`
`U.S. Patent No. 5,533,019 to Jay P. Jayapalan, entitled “Packet Data
`in an Analog Cellular Radiotelephone System”
`
`U.S. Patent No. 7,187,947 to Russell W. White, entitled “System and
`Method for Communicating Selected Information to an Electronic
`Device”
`
`III. PERSON OF ORDINARY SKILL IN THE ART
`17.
`I understand that an assessment of claims of the Skky patents should
`
`be undertaken from the perspective of a person of ordinary skill in the art as of the
`
`earliest claimed priority date, which I understand is June 27, 2001.
`
`18.
`
`In my opinion, a person of ordinary skill in the art as of June 2001
`
`would have possessed at least a bachelor’s degree in computer science, computer
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`engineering, or electrical engineering (or equivalent degree or experience) with at
`
`least four years of experience with wireless communications systems and at least
`
`two years of experience with the communication of digital media.
`
`19. My opinions regarding the level of ordinary skill in the art are based
`
`on, among other things, my over 35 years of experience in the field of network
`
`communications, computer science and engineering, my understanding of the basic
`
`qualifications that would be relevant to an engineer or scientist tasked with
`
`investigating methods and systems in the relevant area, and my familiarity with the
`
`backgrounds of colleagues, co-workers, and employees, both past and present.
`
`20. Although my qualifications and experience exceed those of the
`
`hypothetical person having ordinary skill in the art defined above, my analysis and
`
`opinions regarding the Skky patents have been based on the perspective of a person
`
`of ordinary skill in the art as of June 2001.
`
`IV. BACKGROUND ON RELEVANT TECHNOLOGIES AT THE TIME
`OF THE ALLEGED INVENTION
`21. The Skky patents, which are all entitled “Media Delivery Platform,”
`
`generally disclose a system and method for delivering digital media files to an
`
`electronic device. In this section, I provide a brief background discussion on
`
`pertinent technologies prior to June 2001.
`
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
`
`
`A. Electronic Storage and Retrieval of Digital Media Files
`22. The idea of storing a library of media (e.g., audio or video) content
`
`and making it available based on user request is a longstanding practice not limited
`
`to any particular type of technology. For example, long before the Skky patents, a
`
`person could visit a local library to physically “check out” such materials.
`
`23. With the advent of telecommunications networks, media no longer
`
`needed to be physically delivered to the user. Instead, media could be delivered
`
`electronically via a network that connected the user to the media source. One well-
`
`known example of such a network was the Internet. By the late 1990s, the Internet
`
`was used by millions worldwide to send and receive communications over the
`
`World Wide Web (WWW). And by the time of the alleged invention, as the Skky
`
`patents acknowledge, “[t]he general concept for delivery of sound recordings or
`
`clips and visual recordings or clips by way of the Internet [was] known . . . .”
`
`(’870, 1:25-27.)2 In other words, it was well-known that media could be stored
`
`2 When citing to portions of the written description of the Skky patents, my
`
`Declaration cites to the ’870 patent (the earliest-issued of the four patents).
`
`Because the ’870, ’956, ’810 and ’310 patents share the same written description,
`
`except as otherwise noted, any citation to or discussion of the ’870 patent should
`
`be understood as also applying to the ’956, ’310 and ’810 patents.
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`electronically on a computing device connected to the Internet, and delivered to a
`
`user device via the Internet. For example, the patent acknowledges the existence of
`
`prior art websites such as “Amazon.com” that maintain a library of digital music
`
`samples to which users can listen. (’870, 1:31-33.)
`
`24.
`
`It was also well-known that media could be stored electronically in
`
`compressed digital form. Compression techniques enabled media files to be stored
`
`at a fraction of their original size, which provided advantages by allowing for more
`
`efficient use of storage mediums (e.g., computer hard drives) and network
`
`bandwidth. Indeed, the Skky patents acknowledge the existence of “MP3” (’870,
`
`1:38, 24:1, 29:63), which is a standardized technique for compressing digital audio.
`
`(John Hedtke, MP3 and the Digital Music Revolution (1999), Ex. 1004, at p.1.) By
`
`1999, MP3 had already become “enormously popular for distributing and
`
`exchanging songs and music.” (Id.) “The most popular way of finding MP3 files
`
`[was] through MP3 web sites. There [were] hundreds of MP3 web sites in
`
`existence that distribute MP3 files, software, news bulletins about MP3, and
`
`provide a forum for discussions by MP3 users.” (Id. at p.37 (under “Getting MP3
`
`Files from Web Sites”).)
`
`B. Cellular Phones
`25. Cellular phones (also commonly known as “cell phones”) were well-
`
`known prior to June 2001. The Skky patents recognize the existence of
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`“commercially available cellular phone[s].” (’870, 14:27-38.) Cell phones
`
`included transmitters and receivers for transmitting and receiving over-the-air
`
`signals (e.g., radio frequency waves), which allowed cell phones to communicate
`
`wirelessly.
`
`26. Early cell phones, which were commonly known as “1G” or “first
`
`generation” devices, transmitted and received analog signals and were generally
`
`designed only for voice communications. In the 1990s, cell phones adopted more
`
`advanced technologies such as GSM (1991) and CDMA (1995) that used digital
`
`signals for communication. Because they allowed transmission and reception of
`
`digital signals, cell phones could more easily send and receive communications
`
`other than voice such as text, pictures, and other types of data. Although digital
`
`cellular phones were in wide use by 2001, cellular carriers in the United States
`
`were required to continue supporting analog cellular services until 2008.
`
`27. Although analog cell phones were originally only designed for voice,
`
`techniques were nevertheless developed to allow them to transmit and receive
`
`digital data. These techniques evolved from techniques developed for landline
`
`telephones and generally involved converting digital data into a series of audible
`
`sounds or tones that could be transmitted through the analog cellular network in the
`
`same manner as ordinary voice communications. The receiving device, in turn,
`
`received these audible sounds or tones and converted them back into the original
`
`
`
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`Declaration of William H. Beckmann, Ph.D., in Support of
`Petitions for Covered Business Method (CBM) Review
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`digital data. Examples of such an approach are described in the Background
`
`section of Motorola’s U.S. Patent No. 5,533,019 [Ex. 1038], filed in 1994. As I
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`will explain in more detail below, the Skky patents describe a similar technique for
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`sending and receiving digital data over the voice channel of an analog cell phone.
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`28.
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`It was known that, in addition to providing traditional voice
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`communication capabilities, cell phones could download and play back digital
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`music content. For example, the Background Art section of the Skky patents
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`acknowledges the existence of cell phones that can play music in a compressed
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`format such as MP3. (’870, 1:34-40.) Prior art patents describing cell phones with
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`music download and playback features include EP 1033894 A2 [Ex. 1007] and
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`U.S. Patent No. 6,423,892 [Ex. 1009], which I discuss in Section VI.B.
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`29.
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`It was well-known that cell phones can include one or more
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`processors for performing a variety of functions. One type of processor that was
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`commonly used in cell phones was the digital signal processor, or “DSP.” As
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`explained
`
`in Alan Gatherer, DSP-Based Architectures
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`for Mobile
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`Communications: Past, Present and Future, IEEE Communications (Jan. 2000)
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`[Ex. 1011], “[p]rogrammable digital signal processors (DSPs) [were] pervasive in
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`the wireless handset market for digital cellular telephony” (id. at p. 84), and a
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`known and increasingly compelling option for implementing a “multimedia
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`processor in the handset.” (Id. at p. 87; see also id. Fig. 7.)
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`C. OFDM
`30. Orthogonal frequency-division multiplexing, or “OFDM,”
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`is a
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`particular type of frequency-division multiplexing (“FDM”), which refers to a
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`technique in which discrete signals can be combined within a shared frequency
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`band of a communications medium. Such a shared frequency band can be, for
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`example, the voice band (approximately 300 Hz to 3-4 kHz) or any portion of the
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`radio spectrum used for wireless communication (approximately 3 Hz to 3 THz).
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`The communications medium can be physical (e.g., copper wirelines for traditional
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`telephone connections) or wireless (e.g., electromagnetic spectrum for over-the-air
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`connections).
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`31. The basic concept of FDM can be explained using the familiar
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`concept of FM radio, in which a user turns a radio receiver to a particular
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`frequency (e.g., 97.1 MHz) to listen to a radio broadcast. FDM divides up an
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`available frequency band (characterized by a particular “bandwidth”) into a
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`number of frequency “sub-bands,” sometimes referred to as “sub-channels.” To
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`reduce interference, these sub-bands usually do not overlap. To use the FM radio
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`example, FM radio stations use a frequency band that ranges from 87.5 to 108
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`MHz of the radio spectrum. By dividing the available bandwidth into sub-bands,
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`FDM allows multiple signals to be transmitted simultaneously because each sub-
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`band can carry a distinct signal. This is essentially how “frequency division
`
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`multiplexing” gets its name. FDM was used with the telegraph more than a century
`
`ago and continues to be used in numerous applications including, as noted, radio
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`signals broadcast over the air.
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`32. OFDM is a more advanced variant of FDM. In broad overview,
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`OFDM differs from ordinary FDM in that OFDM uses frequency sub-bands that
`
`overlap, but are centered at precise intervals and as such, gives rise to the
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`“orthogonal” nature of OFDM, where the relative shapes of the electromagnetic
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`waves reduce interference with each other. The basic differences are illustrated in
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`Figure 1.10 of Richard Van Nee et al., OFDM for Wireless Multimedia
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`Communications (2000) [Ex. 1012] (“Van Nee”):
`
`
`
`(Van Nee, Fig. 1.10, at p. 22.) The top portion (a) of Figure 1.10 shows a
`
`conventional FDM arrangement in which each signal channel occupies a distinct
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`frequency sub-band. The sub-bands in this example do not overlap, and each sub-
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`band is separated by what is known as a “guard band,” an unused portion of the
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`bandwidth designed to reduce interference between neighboring channels.
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`33. The bottom portion (b) of Figure 1.10 shows an OFDM arrangement.
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`As shown, OFDM eliminates the need for a guard band and allows frequency sub-
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`bands to overlap, thus making for a more efficient use of the available bandwidth.
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`The spacing between the center frequency of each sub-band is precisely chosen to
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`create the “orthogonal” nature of OFDM, a characteristic that reduces interchannel
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`interference notwithstanding the overlapping nature of the sub-bands.
`
`34. Because the sub-bands overlap in OFDM, a mathematical method
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`known as the fast Fourier transform (“FFT”) is performed at the receiver to
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`“demodulate” the OFDM signal to recover the individual signals carried within
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`each sub-band. (Van Nee, Ex. 1012, at p. 47 (“[T]he basic OFDM signal is formed
`
`using the IFFT, adding a cyclic extension and performing windowing to get a
`
`steeper spectral rolloff. . . . In the receiver, the subcarriers are demodulated by an
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`FFT, which performs the reverse operation of an IFFT.”).)
`
`35. OFDM was known long before June 2001. For example, patents on
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`OFDM date back almost 50 years to U.S. Patent No. 3,488,445 entitled
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`“Orthogonal Frequency Multiplex Data Transmission System,” filed in 1966 and
`
`issuing in 1970 [Ex. 1013]. OFDM was also deployed in a number of known
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`wireless applications. I discuss known applications of OFDM in Section VI.D
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`below.
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`D. Audio Channels vs. Data Channels Used in Communications
`36. The concept of an audio channel is familiar to anyone who has used a
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`telephone. Audio channels generally enable the transmission of human speech.
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`Since the majority of the sounds in human speech have frequencies ranging
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`between 300 Hz and 3-4 kHz, audio channels were designed to support this
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`frequency band. Accordingly, the 300 Hz to 3-4 kHz frequency band became
`
`known as the “voice band.”
`
`37. The term “data channel,” as its name implies, refers to a channel
`
`designed to support the transmission of data. Although a data channel can be used
`
`to transmit human speech (for example, in digital form), a data channel can also
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`transmit other types of information. As such, frequency bands used by data
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`channels were not limited to the voice band. Data channels can include much
`
`higher frequencies, and could have bandwidths much wider than that of the voice
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`band. For example, a frequency band used by the wireless LAN technology
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`commercially known as “WiFi” used a frequency band in the 5 GHz range, orders
`
`of magnitude above the voice band. (IEEE Std 802-11a-1999, Part 11: Wireless
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`LAN Medium Access Control (MAC) and Physical Layer (PHY) specifications:
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`High-speed Physical Layer in the 5 GHz Band [Ex. 1036], at p. 3 (“The radio
`
`frequency LAN system is initially aimed for the 5.15–5.25, 5.25–5.35 and 5.725–
`
`
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