Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`YMAX CORPORATION,
`Petitioner
`
`V.
`
`FOCAL IP, LLC,
`Patent Owner
`
`Inter Partes Review No.: Unassigned
`
`U.S. Patent No. 7,764,777
`
`DECLARATION OF TAL LAVIAN, PH.D.
`IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF PATENT NO. 7,764,777
`
`'
`
`EXHIBIT
`
`12oo'r
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`{38566021; I )
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`Ex. 1002
`YMax Corporation
`Page 1 of82
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`Exhibit 2008 Page 1
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`IV Exhibit 2008
`FedEx v. IV
`Case IPR2017-00741
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`

`

`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
`
`TABLE OF CONTENTS
`
`I. Background and Qualifications ........................................................................... 6
`
`II. Legal Understanding ......................................................................................... 1 0
`
`A. Anticipation ................................ ....... ......................................... ................. 1 0
`
`B. Obviousness ....... ................................................................................ .......... 11
`
`III. Person Of Ordinary Skill In The Art .......................... ....... ............... .............. 12
`
`IV. Summary OfThe '777 Patent. ........................................................................ 13
`
`A.
`
`Priority Date .......................................................... ..... ................................. 13
`
`B. Overview Of The Challenged Independent Claims .................................... 14
`
`V. State of the Art .................................................................................................. 18
`
`A. THE PSTN I Circuit Switching Networks .................................................. 19
`
`B.
`
`Signaling ...................................................................................................... 22
`
`C.
`
`Packet-Switching Networks: the Internet and Voice over IP .................... 23
`
`VI. An Embodiment Of The '777 Patent. ............................................................. 27
`
`A.
`
`Summary of the '777 Patent.. ...................................... ................................ 27
`
`VII. Claim Interpretation .............. ......................................................... ............... .. 28
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`{3 8566021 ;1}
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`A.
`
`"switching facility" ...................................................................................... 28
`
`B.
`
`"a communication network that comprises edge switches for routing calls
`
`to subscribers within a local geographic area and switching facilities for routing
`
`calls to edge switches, or other switching facilities local or in other geographic
`
`areas" ............................................................ .................... ........... ......................... 33
`
`C.
`
`"is coupled to" ............................................................................................. 35
`
`D.
`
`"in communication with" ............................................................................ 36
`
`E.
`
`"a controlling device" ........................................................................ .......... 37
`
`F. "tandem access controller" ............................................................................. 3 7
`
`G.
`
`Summary of Claim Interpretation .................................. ............................. 38
`
`VIII. The Prior Art .............................................................. ................................. 39
`
`A.
`
`Prior Art Considered .......................................................... ......... ................ 39
`
`B. O'Neal Anticipate Claims 18, 23, 25, 26, 29, 30, 31, 37, 38, 41 , and 45 .... 39
`
`1.
`
`Summary ofO'Neal ........ ......................................................... ................ 39
`
`2.
`
`Claim l 8 ................................................................................................... 41
`
`3.
`
`Claim 23 ................ ................................................................................... 49
`
`4. Claim 25 ........................................... ............................... ......................... 50
`
`5.
`
`Claim 26 ................................... .... .................................................. .......... 51
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`{38566021; I}
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`Page 3 of82
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`Petition for Inter Partes Review
`U.S. Patent No.7 ,764,777
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`6.
`
`7.
`
`8.
`
`9.
`
`Claim 29 ................................................................................................... 51
`
`Claim 30 .............................. ..................................................................... 52
`
`Claim 31 ............................................... .................................................... 54
`
`Claim 37 ............................................... .................................................... 54
`
`10. Claim 38 .... ............................................................................................... 56
`
`11. Claim 41 ............................... .................................................................... 57
`
`12. Claim 45 ............................... ....................... ............................................. 51
`
`C. Claims 21, 25, 28, and 37 Are Obvious Over O'Neal ................................ 60
`
`1.
`
`Claim 21 ................................................................................................... 60
`
`2.
`
`Claim 25 .................................................. ....................................... .......... 61
`
`3.
`
`Claim 28 ........................ ....... .............................. ...................................... 64
`
`4.
`
`Claim 37 ........................ ................................................................. .......... 65
`
`D.
`
`Schwab Anticipates Claims 18, 26, 29, 30, 31, and 45 ............................... 65
`
`1.
`
`Summary of Schwab ............................. ................................................... 65
`
`2.
`
`Claim 18 ........................ ....... .... .......................... ............................ .......... 68
`
`3.
`
`Claim 26 ................................................................................................... 73
`
`4.
`
`Claim 29 ................................................................................................... 74
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`{38566021 ; l}
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`YMax Corporation
`Page 4 of82
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`5.
`
`Claim 30 ................................................................................................... 75
`
`6. Claim 31 ................................................................................................... 76
`
`7.
`
`Claim 45 ............ ....................................................................................... 77
`
`E. Claims 18, 37, and 45 Are Obvious Over O'Neal in view of Schwab ....... 78
`
`1. Claim 18 .......................................................... ......................................... 78
`
`2. Claim 37 ................................................................................................... 80
`
`3.
`
`Claim 45 ...................................................................................... ............. 81
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`{38566021; I}
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`Declaration of Tal Lavian, Ph.D.
`
`I, Tal Lavian, declare as follows:
`
`1.
`
`I make this declaration based upon my own personal knowledge and,
`
`if called upon to testify, would testify competently to the matters contained herein.
`
`2.
`
`I have been asked to provide technical assistance in connection with
`
`inter partes review of U.S. Patent No. 7,764,777 ("the '777 Patent").
`
`3.
`
`This declaration is a statement of my opinions on issues related to the
`
`invalidity of claims 18, 21, 23, 25, 26, 28, 29, 30, 31, 37, 38, 41 , and 45 of the '777
`
`Patent.
`
`I.
`
`Background and Qualifications
`
`4. My qualifications are stated more fully in my curriculum vitae. Ex.
`
`1016. Here I provide a brief summary of my qualifications.
`
`5.
`
`I have more than 25 years of experience m the networking,
`
`telecommunications, Internet, and software fields. I received a Ph.D. in Computer
`
`Science from the University of California at Berkeley in 2006 and obtained a
`
`Master's of Science ("M.Sc.") degree in Electrical Engineering from Tel Aviv
`
`University, Israel, in 1996. In 1987, I obtained a Bachelor of Science ("B.Sc.") in
`
`Mathematics and Computer Science, also from Tel Aviv University.
`
`(3856602 1; 1}
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`YMax Corporation
`Page 6 of82
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`Petition for Inter Partes Review
`U.S. Patent No. 7 ,764, 777
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`6.
`
`I am currently employed by the University of California at Berkeley
`
`and was appointed as a
`
`lecturer and Industry Fellow in the Center of
`
`Entrepreneurship and Technology ("CET") as part of UC Berkeley College of
`
`Engineering. I have been with the University of California at Berkeley since 2000
`
`where I served as Berkeley Industry Fellow, Lecturer, Visiting Scientist, Ph.D.
`
`Candidate, and Nortel's Scientist Liaison, where some positions and projects were
`
`done concurrently, and others, sequentially.
`
`7.
`
`I have more than 25 years of experience as a scientist, educator and
`
`technologist. For eleven years from 1996 to 2007, I worked for Bay Networks and
`
`Norte! Networks. Bay Networks was in the business of making and selling
`
`computer network hardware and software. Norte! Networks acquired Bay
`
`Networks in 1998, and I continued to work at Nortel after the acquisition.
`
`Throughout my tenure at Bay and Nortel, I held positions including Principal
`
`Scientist, Principal Architect, Principal Engineer, Senior Software Engineer, and
`
`led the development and research involving a number of networking technologies.
`
`I led the efforts of Java technologies at Bay Networks and Nortel Networks. In
`
`addition, during 1999-2001 , I served as the President of the Silicon Valley Java
`
`User Group with over 800 active members from many companies in the Silicon
`
`Valley. From 2008 to 2008, I worked as a communications consultant at Ixia,
`
`{38566021; 1}
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`where I researched and developed advanced network communications testing
`
`technologies.
`
`8.
`
`Prior to that, from 1994 to 1995, I worked as a software engineer and
`
`team leader for Aptel Communications, designing and developing mobile wireless
`
`devices and network software products. These telecommunications cellular
`
`devices provided short messaging service (SMS) between base station and mobile
`
`devices. In addition, I developed a network protocols for the base stations and the
`
`mobile wireless devices. Furthermore, I developed a GPS-based application to
`
`track the quality of signals in urban areas between the mobile devices and the base
`
`stations. From 1990 to 1993, I worked as a software engineer and team leader at
`
`Scitex Ltd., where I developed system and network communications tools (mostly
`
`in C and C++). From 1987 to 1990, I worked as a software engineer and team
`
`leader at Shalev, where I developed real-time software and algorithms (mostly inC
`
`and C++). From 1983 to 1987, as a student, I worked as a software engineer on
`
`several part time projects.
`
`9.
`
`I have extensive expenence m telecommunications and network
`
`communications technologies, including routing and switching architectures and
`
`protocols including Multi-Protocol Label Switching Networks, Layer 2 and Layer
`
`3 Virtual Private Networks, Voice over IP (VoiP), telephony systems, PSTN
`
`networks, circuit switching, and Pseudowire technologies.
`
`{38566021; I}
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`YMax Corporation
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`10. Much of my work for Nortel Networks (mentioned above) involved
`
`the research and development of these technologies. For example, I wrote
`
`software for Bay Networks and Norte! Networks switches and routers, developed
`
`network technologies for the Accelar 8600 family of switches and routers, the
`
`OPTera 3500 SONET switches, the OPTera 5000 DWDM family, and the Alteon
`
`L4-7 switching product family.
`
`I wrote software for Java based device
`
`management including software interface to the device management and network
`
`management for the Accelar routing switch family network management system.
`
`11.
`
`I am named as a co-inventor on more than 80 issued patents and I
`
`have co-authored more than 25 scientific publications, journal articles, and peer-
`
`reviewed papers. Furthermore, I am a Senior Member of the Institute of Electrical
`
`and Electronics Engineers ("IEEE").
`
`12.
`
`I currently serve as a Principal Scientist at my company Telecomm
`
`Net Consulting Inc., where I develop network communication technologies and
`
`provide research and consulting in advanced technologies, mainly in computer
`
`networking and Internet technologies. In addition, I serve as a Co-Founder and
`
`Chief Technology Officer (CTO) of VisuMenu, Inc., where I design and develop
`
`architecture of visual IVR technologies for smartphones and wireless mobile
`
`devices in the area of network communications. The backend architecture
`
`implements a telephone Private Branch Exchange ("PBX") that makes Session
`
`{3856602 1; I }
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`Initiation Protocol ("SIP") based Voice over Internet Protocol ("VoiP") telephone
`
`calls to other SIP trunks and telephone services, such as Public Switch Telephone
`
`Network ("PSTN"). The system is based on cloud networking and cloud
`
`computing utilizing Amazon Web Services. I have extensive experience with PBX,
`
`telecommunications systems, networking equipment, and call centers telephony
`
`systems. Additional details of my background are set forth in my curriculum vitae
`
`(see Ex. 10 16), which provides a more complete description of my educational
`
`background and work experience.
`
`II. Legal Understanding
`
`13 . My opinions are also informed by my understanding of the relevant
`
`law, although I am not a lawyer and do not intend to testify about legal issues. I
`
`understand that the patentability analysis is conducted on a claim-by-claim basis
`
`and that there are several possible reasons that a patent claim may be found to be
`
`unpatentable.
`
`14.
`
`I understand that earlier publications and patents may act to render a
`
`patent unpatentable for one of two reasons: (1) anticipation, and (2) obviousness.
`
`A. Anticipation
`
`15.
`
`I understand that a single piece of prior art "anticipates" a claim if
`
`each and every element of the claim is disclosed in that prior art. I further
`
`{3856602 1; I}
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`10
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`understand that, where a claim element is not explicitly disclosed in a prior art
`
`reference, the reference may nonetheless anticipate a claim if the missing claim
`
`element is necessarily present in the apparatus disclosed, or is a natural result of
`
`the method disclosed-
`
`that is, the missing element is "inherent" in what is
`
`disclosed.
`
`B. Obviousness
`
`16.
`
`Second, I understand that the pnor art may render a patent claim
`
`"obvious." I understand that two or more pieces of prior art that each disclose
`
`fewer than all elements of a patent claim may nevertheless be combined to render a
`
`patent claim obvious if the combination of the prior art collectively discloses all
`
`elements of the claim and one of ordinary skill in the art at the time would have
`
`been motivated to combine the prior art. I understand that this motivation to
`
`combine need not be explicit in any of the prior art, but may be inferred from the
`
`knowledge of one of ordinary skill in the art at the time the patent was filed. I also
`
`understand that one of ordinary skill in the art is not an automaton, but is a person
`
`having ordinary creativity.
`
`17.
`
`I further understand that one or more pieces of prior art that disclose
`
`fewer than all of the elements of a patent claim may render a patent claim obvious
`
`if including the missing element would have been obvious to one of skill in the art
`
`at the time of the alleged invention (that is, if the missing element represents only
`
`{38566021 ; 1}
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`an insubstantial difference over the prior art, or a reconfiguration of a known
`
`system).
`
`18.
`
`I understand that the obviousness analysis must focus on the
`
`knowledge available to one of skill in the art at the time of the invention in order to
`
`avoid impermissible hindsight. I further understand that the obviousness inquiry
`
`assumes that the person having ordinary skill in the art would have knowledge of
`
`all relevant references available at the time of the invention.
`
`III. Person Of Ordinary Skill In The Art
`
`19.
`
`It is my opinion that a person of ordinary skill in the art with respect
`
`to the '777 patent in 1999-2000 would have a bachelor's degree in electrical
`
`engineering, computer science, or the equivalent thereof and approximately 2 years
`
`of professional experience within the field of telecommunications or network
`
`communications.
`
`20. The '777 patent concerns the basic architecture of the telephone
`
`network that has existed in the United States for many decades, as well as basic
`
`Internet technology that was well known by 1999-2000. These topics were
`
`covered in detail by that time in books, in publications by standards bodies, and by
`
`vendors that provided products and solutions in these areas. Because the
`
`technology involved in the '777 patent involves well-known technologies and
`
`{3856602 1; I }
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`functionalities, an engineer or computer scientist with approximately 2 years of
`
`experience in telecommunications would be well-versed in the concepts disclosed
`
`in the '777 patent.
`
`21. My opinions regarding the level of ordinary skill in the art are based
`
`on, among other things, my over 25 years of experience in the field of
`
`telecommunications, 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 and co-workers, both past and
`
`present.
`
`IV. Summary Of The '777 Patent
`
`A.
`
`Priority Date
`
`22. The face of the '777 Patent reflects a chain of patent applications
`
`dating back to May 4, 2000.
`
`I have been informed that in pending litigation
`
`against Petitioner YMax Corporation in which the '777 patent is being asserted, the
`
`plaintiff asserting infringement has stated that the claims of the '777 patent may be
`
`entitled to a priority date as early as June 1, 1999. For this declaration, I will
`
`assume that the '777 Patent is entitled to the filing date of May 4, 2000, and that it
`
`may be entitled to an invention date as early as June 1, 1999.
`
`{3856602 1; I}
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`U.S. Patent No. 7,764,777
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`B. Overview Of The Challenged Independent Claims
`
`23. The '777 Patent summarizes itself as relating to "a system for
`
`allowing a subscriber to select features of the subscriber's telephone service and to
`
`various novel features that can be selected." Ex. 1001 at 1: 16-21.
`
`24. There are three independent claims addressed in my declaration:
`
`claims 18, 37, and 45.
`
`25. Claim 18 states the following (see Ex. 1001):
`
`A method for processing an incoming call from a switching facility on
`
`a communication network that comprises edge switches for routing
`
`calls to subscribers within a local geographic area and switching
`
`facilities for routing calls to edge switches, or other switching
`
`facilities local or in other geographic areas the method comprising the
`
`steps of:
`
`receiving a first call, which is intended for a specified recipient, at a
`
`controlling device in communication with the switching facility;
`
`identifying one or more control criteria previously associated with the
`
`specified recipient, wherein the one or more control criteria was
`
`entered via a web-based interface;
`
`{38566021; 1}
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`Petition for Inter Partes Review
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`initiating a second call at the controlling device in accordance with the
`
`control criteria associated with the specified recipient; and
`
`connecting the first and second calls at the controlling device after the
`
`second call is received by a communication device associated with the
`
`specified recipient.
`
`26. Though it has a lot of words, Claim 18 essentially claims using a
`
`website to configure the call forwarding feature for calls received over the
`
`conventional telephone network (the PSTN) and a controlling device to effectuate
`
`the call forwarding. (Call forwarding is the feature that allows you to redirect a
`
`telephone call made to one phone number to another phone number, so that, for
`
`example, telephone calls made to your house phone are re-routed to your cell
`
`phone, or to your friend's house.)
`
`27. Claim 3 7 is very similar to claim 18, except that when the call is
`
`forwarded, the claims requires use of a "packet-based connection" such as Voice
`
`over IP rather than the conventional telephone network (the PSTN).
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`{38566021; I}
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`Petition for Inter Partes Review
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`28. Claim 45 is very similar to claim 18, except that instead of initiating a
`
`second call to a specified recipient, the original first call is routed to a "voicemail
`
`server."
`
`29. As detailed below, these claimed methods were neither new nor
`
`nonobvious as of June 1, 1999, and the dependent claims addressed below add
`
`nothing new or nonobvious either, not even in combination with the limitations in
`
`the claims from which they depend.
`
`30. Notably, the '777 Patent itself admits that the primary elements of the
`
`patent claims are in the prior art.
`
`31. For example, m
`
`the
`
`section of
`
`the
`
`specification entitled
`
`"Background," the patent acknowledges that Call Forwarding is not just known
`
`but a "popular provision." Ex. 1001 at 2:12-16.
`
`32. The patent also admits that "[t]here are Voice Over Internet Protocol
`
`(VoiP) products emerging that provide better user interfaces and control..." Ex.
`
`1001 at 2:46-49.
`
`33. The patent further admits that "Voice mail systems" are already in use
`
`to "screen incoming, or inbound, calls." Ex. 1001 at 1:25-29.
`
`34. The patent asserts, however, that setting up features
`
`like call
`
`forwarding "typically require[s] access from the first or second party's device [that
`
`is, from a telephone] and are extremely awkward to program." The patent further
`
`{38566021; I}
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`Petition for Inter Partes Review
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`claims that in the past, setting up such features "required a subscriber to make the
`
`feature selection through the telephone business office. Central office workers
`
`would then implement the provisioning under request of the business office." Ex.
`
`1001 at 1:46-48,2:1-11. 1
`
`35. To address the alleged problems in the prior art, the '777 patent
`
`discloses allowing a user to select or modify features for their telephone service
`
`"by means of the world wide web." Ex. 1001 at 5: 13-44 (emphasis added). This
`
`"allow[s] a subscriber to remotely control features ... " Ex. 1001 at 2:53-55. The
`
`patent emphasizes that giving the user "[d]irect 3rd-party control means that the
`
`ability to provision the 3rd-party features is directly available to a subscriber,
`
`eliminating the need to go through the telephone company (telco) business office."
`
`Ex. 1001 at 3:19-22 (emphasis added). 2
`
`1 Provisioning is a term of art in telecommunications that in this context refers to
`
`adding, modifying, or deleting a new service or feature for a user.
`
`2 Both the title of the patent ("Branch Calling and Caller ID Based Call Routing
`
`Telephone Features") and other parts of the specification focus on two telephony
`
`features: branch calling, and caller ID based call routing. None of the claims
`
`addressed in this declaration, however, contain limitations directed to either of
`
`those features.
`
`(38566021 ; 1}
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`Petition for Inter Partes Review
`U.S. Patent No. 7,764,777
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`36. Thus, in short, the specification asserts that the alleged invention is a
`
`system that allows users of the conventional telephone network (the PSTN) to
`
`directly control telephone service features like call forwarding using a website.
`
`See also Ex. 1001 at 1:18-21 (The '777 Patent discloses "This invention relates to
`
`telephone services and, in particular, to a system for allowing a subscriber to select
`
`features of the subscriber's telephone service.") (emphasis added); ld. at 5:13-16
`
`("FIG. 1 illustrates the preferred method for an authorized subscriber to modify the
`
`3rd-party control criteria by means of the world wide web 22 (and web server 23)
`
`using an internet browser.")
`
`37. However, as detailed below, not only was use of a website to
`
`configure telephone features an obvious thing to do by June 1999, but allowing
`
`telephone users to configure features such as call forwarding directly via use of a
`
`website was in fact already disclosed in the prior art.
`
`V.
`
`State of the Art
`
`38. As explained below, the technology claimed in the '777 patent was
`
`well known in the telecommunications field by June 1, 1999. The '777 patent
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`concerns the basic architecture of the telephone network that has existed in the
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`United States for many decades, as well as basic Internet technology that was well
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`known by 1999-2000. These topics were covered in detail by that time in books, in
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`publications by standards bodies, and by vendors that provided products and
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`solutions in these areas. Exhibits 1004 and 1019-1023 are just few examples of
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`standard bodies publications and products at this time period.
`
`A.
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`THE PSTN I Circuit Switching Networks
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`39. The PSTN (public switched telephone network) ts the world's
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`collection of interconnected circuit-switching telephone networks.
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`40.
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`In the United States, the PSTN is the conventional telephone network,
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`primarily built by AT&T when it was "the" telephone company in the United
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`States. Telephone calls have been made over the PSTN in the United States for
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`over a century.
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`41 .
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`In the United States, the PSTN is a countrywide network of switches
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`connected to each other by wires. The wires and switches between them connect
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`the telephone of a calling party to the telephone of the called party. Once a
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`telephone call between two landline telephones is established, there is a continuous
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`physical path of wires, linked by one or more switches, between the telephones at
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`each end of the call that is dedicated solely to that call. This is the meaning of the
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`term "circuit switching." The term refers to the switching of infrastructure from
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`one dedicated use to another. The network focus is on circuit-based, or connection-
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`oriented, systems designed for delivery of voice communications.
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`42. Even more specifically, the PSTN uses a hierarchy of switches.3 This
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`makes it possible to scale the telecommunications network to accommodate a large
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`number of end users across the country. Traffic is managed between the various
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`switching offices depending on the type of traffic that was to be connected: local
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`traffic, long distance traffic, and international traffic.
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`43 . The switches in the PSTN use a five-level hierarchy: edge or end
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`(class 5), toll or tandem (class 4), primary (class 3), sectional (class 2) and regional
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`(class 1). Landline phones in people's houses are generally connected to a
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`geographically local class 5 switch (also called an edge switch, end switch, or
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`central office switch). Tandem/Class 4 switches generally connect edge/class 5
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`switches together, although nearby class 5 switches can be connected directly. In
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`the PSTN, class 2 and 3 switches are used infrequently, and class 4 switches can be
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`connected to one another as well as by a class 1 switch. The basic architecture of
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`the PSTN can therefore be illustrated by the following diagram:
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`3 See Ex. 1012.
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`Class 1 Office
`
`To Nearby
`Class 1 Offioes
`
`To 'Chilo'
`Class 4 Offices
`
`To Nearby
`Class 4 Olfces
`
`To Nearby
`1------l~ Class 4 Offices
`
`Nearby Class 5 oHices
`connect to each other.
`
`lndiv~ual
`Subscnbel
`
`lndrvidual
`lnd:vidlkll
`lnt:~•id'Jal
`SIJbsCiltler Subscrter Subsctiber
`
`lneuidval
`Individual
`lr>d:vtdual
`lnd.vld~al
`SubsCilber Subsctlber Subscnller Subscnber
`
`44. The PSTN switch hierarchy does not mandate physical separation.
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`Switches from one or more adjacent classes (specifically edge and tandem) can be
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`located together in the same physical facility. A combined class 4/class 5 switch is
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`often called a "hybrid" switch.
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`45 . When a telephone call is placed on the PSTN, the call typically travels
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`from the caller's phone to the edge switch in the caller's local central office.
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`Unless the recipient is in the same geographical area and directly connected to the
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`same central office, the call is then typically routed to one or more tandem
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`switches (in sequence), until it reaches the edge switch that is directly connected to
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`the recipient's phone, and fmally to the recipient's phone. The switches use the
`
`telephone number dialed by the caller to know where to route the call. Thus, the
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`network of switches enables the communication network to connect users either
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`within or outside a local geographic area.
`
`B.
`
`Signaling
`
`46.
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`In addition to carrying voice communications, the PSTN also carries
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`signaling, which is information used to control the call. Signaling communicates
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`information the network needs to operate, such as the signal sent to the local
`
`central office from a telephone when the handset is picked up that notifies the
`
`central office to send the telephone a dial tone, or the signal from the central office
`
`that tells a telephone to ring because there is an incoming call. The protocol that is
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`used for signaling on the PSTN is called Signalling System 7, or SS7.4
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`47. The SS7 signaling protocol was first issued by CCITT (for Comite
`
`Consultatif International Telephonique et Telegraphique, now known as the ITU-T
`
`for
`
`Telecommunication
`
`Standardization
`
`Sector
`
`of
`
`the
`
`International
`
`telecommunications Union,
`
`the primary international body for cooperative
`
`telecommunications standards) in 1980 (and was revised in 1984, 1988, and 1992).
`
`4 Ex. 1017.
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`C.
`
`Packet-Switching Networks: the Internet and Voice over IP
`
`48. Websites on the Internet were well known even to the general public
`
`by June 1, 1999. Mosaic- the first graphic web browser- was publicly released in
`
`September 1993. By June of 1999, there were over 3 milli