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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`SNAP INC.,
`Petitioner,
`
`v.
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`PALO ALTO RESEARCH CENTER INC.,
`Patent Owner
`
`____________________
`
`IPR2021-00987
`Patent No. 8,489,599
`____________________
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`
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`DECLARATION OF DR. KEVIN C. ALMEROTH
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`SNAP EXHIBIT 1022
`Snap Inc. v. Palo Alto Research Center Inc.
`IPR2021-00987
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`Page 1 of 116
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
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`TABLE OF CONTENTS
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`INTRODUCTION ......................................................................................... 1
`I.
`II. BACKGROUND AND QUALIFICATIONS .............................................. 2
`III. MATERIALS REVIEWED ........................................................................15
`IV. PERSON OF ORDINARY SKILL IN THE ART ....................................18
`V.
`TECHNICAL BACKGROUND .................................................................19
`A. User Interface and Error Handling ......................................................19
`VI. OVERVIEW OF THE ’599 PATENT .......................................................21
`VII. CLAIM CONSTRUCTION ........................................................................22
`A.
`“Determin[e/ing]” and “Perform[ing]” Features Recited in
`Original Challenged Claims 1-25 ........................................................23
`VIII. OVERVIEW OF THE PRIOR ART .........................................................33
`A.
`Rosenberg ............................................................................................33
`B.
`Suzuki ..................................................................................................33
`C.
`Buck .....................................................................................................34
`IX. RESPONSE TO PATENT OWNER’S AND DR. MARTIN’S
`POSITIONS CONCERNING ROSENBERG AND THE
`CLAIMED “DETERMIN[E/ING]” AND “PERFORM[ING]”
`FEATURES IN THE ORIGINAL CLAIMS ............................................35
`THE ’457 APPLICATION DOES NOT SUPPORT THE
`FEATURES OF SUBSTITUTE CLAIMS 26-40 ......................................36
`A.
`The Specification for the ’599 Patent Does Not Provide Support
`for “Determining Whether the Expected Response is Expected
`or Unexpected . . . Wherein the Received Response is
`Unexpected If the Received Response Does Not Match Any of
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`X.
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`the At Least One Predefined Response” as Recited in Substitute
`Claims 26, 33, and 37 and Their Respective Dependent Claims ........38
`XI. THE PRIOR ART DISCLOSES AND/OR SUGGESTS ALL OF
`THE LIMATATIONS OF SUBSTITUTE CLAIMS 26-40 .....................46
`A.
`Rosenberg and Buck Discloses and/or Suggests the Limitations
`of Substitute Claims 26-29 and 31-40 .................................................46
`1.
`Substitute Claim 26 ...................................................................46
`2.
`Substitute Claim 33 ...................................................................63
`3.
`Substitute Claim 37 ...................................................................64
`4.
`Dependent Claims 27-29, 31-32, 34-36, 38-40 ........................69
`Rosenberg, Buck, and Suzuki Discloses and/or Suggests the
`Limitations of Substitute Claim 30 .....................................................70
`XII. CONCLUSION ............................................................................................72
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`B.
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`I, Kevin C. Almeroth, declare as follows:
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`I.
`
`INTRODUCTION
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`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
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`
`1.
`
`I have been asked to submit this declaration on behalf of Snap Inc.
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`(“Snap” or “Petitioner”) relating to Snap’s petition (“Petition” or “Pet.”) for inter
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`partes review of U.S. Patent No. 8,489,599 (“the ’599 patent” (Ex. 1001)) filed in
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`this proceeding, and in particular in reply to positions presented by Patent Owner
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`Palo Alto Research Center Inc. (“Patent Owner” or “PO” or “PARC”) and its expert
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`Dr. David Martin that were submitted in response to Snap’s Petition.
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`2.
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`I understand that the Petition challenges the patentability of claims
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`1-25 of the ’599 patent, and relies on a number of exhibits, including the declaration
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`of Mr. Steve Smoot (Ex. 1002). I have reviewed and considered those materials for
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`purposes of opinions in this Declaration. I also understand that PARC submitted a
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`Patent Owner Response to the Petition (Paper No. 21 (“POR” or “Response”) that
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`relies on a number of exhibits, including a declaration by PARC’s expert, Dr. David
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`Martin (Ex. 2003). I also understand that PARC submitted a Patent Owner
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`Contingent Motion to Amend (Paper No. 22) (“MTA”) that also relies on a number
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`of exhibits, including a declaration by Dr. Martin (Ex. 2004). I have been asked to
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`review and consider, and provide my opinions in reply to, positions raised by PARC
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`and its expert set forth in PARC’s Patent Owner Response and its accompanying
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`exhibits, including the opinions of Dr. Martin presented in his declaration (Ex.
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`2004), and Dr. Martin’s testimony provided during his deposition (Ex. 1021). I have
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`also been asked to review and consider, and provide my opinions in reply to,
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`positions raised by PARC and its expert set forth in PARC’s Patent Owner
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`Contingent Motion to Amend (Paper No. 22) and its accompanying exhibits,
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`including the opinions of Dr. Martin presented in his same declaration (Ex. 2003),
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`and Dr. Martin’s testimony provided during his deposition (Ex. 1021). In doing so,
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`I have also studied and provide my opinions on the technology relating to the ’599
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`patent and the patentability of the original and substitute claims. My opinions are
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`set forth below.
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`3.
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`I am being compensated at my standard rate for my work in this
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`proceeding. My compensation is in no way contingent on the nature of my findings,
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`the presentation of my findings in testimony, or the outcome of this or any other
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`proceeding. I have no other interest in this proceeding.
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`II. BACKGROUND AND QUALIFICATIONS
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`4.
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`I am currently a Professor Emeritus in the Department of
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`Computer Science at the University of California, Santa Barbara (UCSB). While at
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`UCSB, I held faculty appointments and was a founding member of the Computer
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`Engineering (CE) Program, Media Arts and Technology (MAT) Program, and the
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`Technology Management Program (TMP). I also served as the Associate Director
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`of the Center for Information Technology and Society (CITS) from 1999 to 2012. I
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`have been a faculty member at UCSB since July 1997.
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`5.
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`I hold three degrees from the Georgia Institute of Technology: (1)
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`a Bachelor of Science degree in Information and Computer Science (with minors in
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`Economics, Technical Communication, and American Literature) earned in June
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`1992; (2) a Master of Science degree in Computer Science (with specialization in
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`Networking and Systems) earned in June 1994; and (3) a Doctor of Philosophy
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`(Ph.D.) degree in Computer Science (Dissertation Title: Networking and System
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`Support for the Efficient, Scalable Delivery of Services in Interactive Multimedia
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`System, minor in Telecommunications Public Policy) earned in June 1997. During
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`my education, I have taken a wide variety of courses as demonstrated by my minor.
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`My undergraduate degree also included a number of courses more typical of a degree
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`in electrical engineering
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`including digital
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`logic, signal processing, and
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`telecommunications theory.
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`6.
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`One of the major concentrations of my research over the past 30+
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`years has been the delivery of multimedia content and data between computing
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`devices, including various network architectures. In my research, I have studied
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`large-scale content delivery systems, and the use of servers located in a variety of
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`geographic locations to provide scalable delivery to hundreds or thousands of users
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`simultaneously. I have also studied smaller-scale content delivery systems in which
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`content is exchanged between individual computers and portable devices. My work
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`has emphasized the exchange of content more efficiently across computer networks,
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`including the scalable delivery of content to many users, mobile computing, satellite
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`networking, delivering content to mobile devices, and network support for data
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`delivery in wireless networks.
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`7.
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`In 1992, the initial focus of my research was on the provision of
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`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-forward)
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`for near video-on-demand systems in cable systems; in particular, how to aggregate
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`requests for movies at a cable head-end and then how to satisfy a multitude of
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`requests using one audio/video stream broadcast
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`to multiple
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`receivers
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`simultaneously. This research has continually evolved and resulted in the
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`development of techniques to scalably deliver on-demand content, including audio,
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`video, web documents, and other types of data, through the Internet and over other
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`types of networks, including over cable systems, broadband telephone lines, and
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`satellite links.
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`8.
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`An important component of my research has been investigating the
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`challenges of communicating multimedia content, including video, between
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`computers and across networks including the Internet. Although the early Internet
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`was used mostly for text-based, non-real time applications, the interest in sharing
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`multimedia content, such as video, quickly developed. Multimedia-based
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`applications ranged from downloading content to a device to streaming multimedia
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`content to be instantly used. One of the challenges was that multimedia content is
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`typically larger than text-only content, but there are also opportunities to use
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`different delivery techniques since multimedia content is more resilient to errors. I
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`have worked on a variety of research problems and used a number of systems that
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`were developed to deliver multimedia content to users. One content-delivery method
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`I have researched is the one-to-many communication facility called “multicast,” first
`
`deployed as the Multicast Backbone, a virtual overlay network supporting one-to-
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`many communication. Multicast is one technique that can be used on the Internet to
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`provide streaming media support for complex applications like video-on-demand,
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`distance learning, distributed collaboration, distributed games, and large-scale
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`wireless communication. The delivery of media through multicast often involves
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`using Internet infrastructure, devices and protocols, including protocols for routing
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`and TCP/IP.
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`9.
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`Starting in 1997, I worked on a project to integrate the streaming
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`media capabilities of the Internet together with the interactivity of the web. I
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`developed a project called the Interactive Multimedia Jukebox (IMJ). Users would
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`visit a web page and select content to view. The content would then be scheduled
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`on one of a number of channels, including delivery to students in Georgia Tech
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`dorms delivered via the campus cable plant. The content of each channel was
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`delivered using multicast communication.
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`10.
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`In the IMJ, the number of channels varied depending on the
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`capabilities of the server including the available bandwidth of its connection to the
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`Internet. If one of the channels was idle, the requesting user would be able to watch
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`their selection immediately. If all channels were streaming previously selected
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`content, the user’s selection would be queued on the channel with the shortest wait
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`time. In the meantime, the user would see what content was currently playing on
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`other channels, and because of the use of multicast, would be able to join one of the
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`existing channels and watch the content at the point it was currently being
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`transmitted.
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`11.
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`The IMJ service combined the interactivity of the web with the
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`streaming capabilities of the Internet to create a jukebox-like service. It supported
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`true Video-on-Demand when capacity allowed, but scaled to any number of users
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`based on queuing requested programs. As part of the project, we obtained
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`permission from Turner Broadcasting to transmit cartoons and other short-subject
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`content. We also connected the IMJ into the Georgia Tech campus cable television
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`network so that students in their dorms could use the web to request content and then
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`view that content on one of the campus’s public access channels.
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`More recently, I have also studied issues concerning how users
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`12.
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`choose content, especially when considering the price of that content. My research
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`has examined how dynamic content pricing can be used to control system load. By
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`raising prices when systems start to become overloaded (i.e., when all available
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`resources are fully utilized) and reducing prices when system capacity is readily
`
`available, users’ capacity to pay as well as their willingness can be used as factors
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`in stabilizing the response time of a system. This capability is particularly useful in
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`systems where content is downloaded or streamed on-demand to users.
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`13.
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`As a parallel research theme, starting in 1997, I began researching
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`issues related to wireless devices and sensors. In particular, I was interested in
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`showing how to provide greater communication capability to “lightweight devices,”
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`i.e., small form-factor, resource-constrained (e.g., CPU, memory, networking, and
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`power) devices. Starting in 1998, I published several papers on my work to develop
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`a flexible, lightweight, battery-aware network protocol stack. The lightweight
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`protocols we envisioned were similar in nature to protocols like Bluetooth, Universal
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`Plug and Play (UPnP) and Digital Living Network Alliance (DLNA).
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`14.
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`From this initial work, I have made wireless networking—
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`including ad hoc, mesh networks and wireless devices—one of the major themes of
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`my research. My work in wireless network spans the protocol stack from
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`applications through to the encoding and exchange of data at the data link and
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`physical layers.
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`15.
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`At the application layer, even before the large-scale “app stores”
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`were available, my research looked at building, installing, and using apps for a
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`variety of purposes, from network monitoring to support for traditional computer-
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`based applications (e.g., content retrieval) to new applications enabled by
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`ubiquitous, mobile devices. For example, my research has looked at developing
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`applications for virally exchanging and tracking “coupons” through “opportunistic
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`contact” (i.e., communication with other devices coming into communication range
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`with a user). In many of the courses I have taught there is a project component.
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`Through these projects I have supervised numerous efforts to develop new “apps”
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`for download and use across a variety of mobile platforms.
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`16.
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`Toward the middle of the protocol stack, my research also looked
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`to build wireless infrastructure support to enable communication among a set of
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`mobile devices unaided by any other kind of network infrastructure. These kinds of
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`networks are useful either in challenged network environments (e.g., when a natural
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`disaster has destroyed existing infrastructure) or when suitable support for network
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`communication never existed. The deployment of such networks (or even the use
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`of traditional network support) are critical to support services like disaster relief,
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`catastrophic event coordination, and emergency services deployment.
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`Yet another theme is monitoring wireless networks, in particular
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`17.
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`different variants of IEEE 802.11 compliant networks, to (1) understand the
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`operation of the various protocols used in real-world deployments, (2) use these
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`measurements to characterize use of the networks and identify protocol limitations
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`and weaknesses, and (3) propose and evaluate solutions to these problems. I have
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`successfully used monitoring techniques to study wireless data link layer protocol
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`operation and to improve performance by enhancing the operation of such protocols.
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`For wireless protocols, this research includes functions like network acquisition and
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`channel bonding.
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`18.
`
`Protecting networks, including their operation and content, has
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`been an underlying theme of my research almost since the beginning of my research
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`career. Starting in 2000, I have been involved in several projects that specifically
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`address security, network protection, and firewalls. After significant background
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`work, a team on which I was a member successfully submitted a $4.3M grant
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`proposal to the Army Research Office (ARO) at the Department of Defense to
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`propose and develop a high-speed intrusion detection system. Key aspects of the
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`system included associating streams of packets and analyzing them for viruses and
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`other malware. Once the grant was awarded, we spent several years developing and
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`meeting the milestones of the project. A number of my students worked on related
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`projects and published papers on topics ranging from intrusion detection to
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`developing advanced techniques to be incorporated into firewalls. I have also used
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`firewalls, including their associated malware detection features, in developing
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`techniques for the classroom to ensure that students are not distracted by online
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`content.
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`19.
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`My recent work ties some of the various threads of my past
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`research together. I have investigated content delivery in online social networks and
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`proposed reputation management systems in large-scale social networks and
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`marketplaces. On the content delivery side, I have looked at issues of caching and
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`cache placement, especially when content being shared and the cache has
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`geographical relevance. We were able to show that effective caching strategies can
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`greatly improve performance and reduce deployment costs. Our work on reputation
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`systems showed that reputations have economic value, and as such, creates a
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`motivation to manipulate reputations. In response, we developed a variety of
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`solutions to protect the integrity of reputations in online social networks. The
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`techniques we developed for content delivery and reputation management were
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`particularly relevant in peer-to-peer communication and recommendations for
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`downloadable “apps.”
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`20.
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`As an important component of my research program, I have been
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`involved in the development of academic research into available technology in the
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`market place. One aspect of this work is my involvement in the Internet Engineering
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`Task Force (IETF). The IETF is a large and open international community of
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`network designers, operators, vendors, and researchers concerned with the evolution
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`of the Internet architecture and the smooth operation of the Internet. I have been
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`involved in various IETF groups including many content delivery-related working
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`groups like the Audio Video Transport (AVT) group, the MBone Deployment
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`(MBONED) group, Source Specific Multicast (SSM) group, the Inter-Domain
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`Multicast Routing (IDMR) group, the Reliable Multicast Transport (RMT) group,
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`the Protocol Independent Multicast (PIM) group, etc. I have also served as a member
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`of the Multicast Directorate (MADDOGS), which oversaw the standardization of all
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`things related to multicast in the IETF. Finally, I was the Chair of the Internet2
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`Multicast Working Group for seven years.
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`21.
`
`My involvement in the research community extends to leadership
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`positions for several academic journals and conferences. I am the co-chair of the
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`Steering Committee for the ACM Network and System Support for Digital Audio
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`and Video (NOSSDAV) workshop and on the Steering Committees for the
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`International Conference on Network Protocols (ICNP), ACM Sigcomm Workshop
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`on Challenged Networks (CHANTS), and IEEE Global Internet (GI) Symposium. I
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`have served or am serving on the Editorial Boards of IEEE/ACM Transactions on
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`Networking, IEEE Transactions on Mobile Computing, IEEE Network, ACM
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`Computers in Entertainment, AACE Journal of Interactive Learning Research
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`(JILR), and ACM Computer Communications Review. I have co-chaired a number
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`of conferences and workshops including the IEEE International Conference on
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`Network Protocols (ICNP), IEEE Conference on Sensor, Mesh and Ad Hoc
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`Communications and Networks
`
`(SECON),
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`International Conference on
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`Communication Systems and Networks (COMSNETS), IFIP/IEEE International
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`Conference on Management of Multimedia Networks and Services (MMNS), the
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`International Workshop On Wireless Network Measurement (WiNMee), ACM
`
`Sigcomm Workshop on Challenged Networks (CHANTS), the Network Group
`
`Communication (NGC) workshop, and the Global Internet Symposium, and I have
`
`served on the program committees for numerous conferences.
`
`22.
`
`Furthermore, in the courses I taught at UCSB, a significant portion
`
`of my curriculum covered aspects of the Internet and network communication
`
`including the physical and data link layers of the Open System Interconnect (OSI)
`
`protocol stack, and standardized protocols for communicating across a variety of
`
`physical media such as cable systems, telephone lines, wireless, and high-speed
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`Local Area Networks (LANs). The courses I have taught also cover most major
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`topics in Internet communication, including data communication, multimedia
`
`encoding, and mobile application design. My research and courses have covered a
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`range of physical infrastructures for delivering content over networks, including
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`cable, Integrated Services Digital Network (ISDN), Ethernet, Asynchronous
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`Transfer Mode (ATM), fiber, and Digital Subscriber Line (DSL). For a complete list
`
`of courses I have taught, see my curriculum vitae (CV).
`
`23.
`
`In addition, I co-founded a technology company called Santa
`
`Barbara Labs that was working under a sub-contract from the U.S. Air Force to
`
`develop very accurate emulation systems for the military’s next generation
`
`internetwork. Santa Barbara Labs’ focus was in developing an emulation platform
`
`to test the performance characteristics of the network architecture in the variety of
`
`environments in which it was expected to operate, and, in particular, for network
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`services including IPv6, multicast, Quality of Service (QoS), satellite-based
`
`communication, and security. Applications for this emulation program included
`
`communication of a variety of multimedia-based services, including video
`
`conferencing and video-on-demand.
`
`24.
`
`In addition to having co-founded a technology company myself, I
`
`have worked for, consulted with, and collaborated with companies for nearly 30
`
`years. These companies range from well-established companies to start-ups and
`
`include IBM, Hitachi Telecom, Turner Broadcasting System (TBS), Bell South,
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`Digital Fountain, RealNetworks, Intel Research, Cisco Systems, and Lockheed
`
`Martin.
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`leadership with CITS,
`
`25.
`
`Through my graduate education,
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`involvement in TMP, role in the development of the Internet2 infrastructure, and
`
`consulting with ISPs, I have gained a strong understanding in the role of the Internet
`
`in our society and the challenges of deploying large-scale production networking
`
`infrastructure. CITS, since its inception, has looked at the role of the Internet in
`
`society, including how the evolution of technology have created communication
`
`opportunities and challenges,
`
`including,
`
`for example
`
`through disruptive
`
`technologies like P2P. TMP looks to focus on non-purely technical issues,
`
`including, for example, state-of-the-art business methods, strategies for successful
`
`technology commercialization, new venture creation, and best practices for fostering
`
`innovation. Through my industry collaborations and Internet2 work, I have
`
`developed significant experience in the challenges of deploying, monitoring,
`
`managing, and scaling communication infrastructure to support evolving Internet
`
`services like streaming media, conferencing, content exchange, social networking,
`
`and e-commerce.
`
`26.
`
`I am a Member of the Association of Computing Machinery
`
`(ACM) and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
`
`27.
`
`Additional details about my employment history, fields of
`
`expertise, courses taught, and publications are further included in my curriculum
`
`vitae (Ex. 10xx).
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`I am not an attorney and offer no legal opinions, but in the course
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`28.
`
`of my work, I have had experience studying and analyzing patents and patent claims
`
`from the perspective of a person skilled in the art.
`
`III. MATERIALS REVIEWED
`
`29.
`
`The opinions in this declaration are based on the documents I
`
`reviewed, my knowledge and experience, and professional judgment. In forming my
`
`opinions expressed in this declaration, I have reviewed the following materials:
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`• The ’599 patent (Ex. 1001);
`
`• Prosecution History of U.S. Patent No. 8,489,599 (Ex. 1004);
`
`• Snap’s Petition (Paper No. 1) and its accompanying exhibits, including
`
`for example:
`
`o the declaration of Steve Smoot (Ex. 1002), U.S. Patent No.
`7,577,522 to Rosenberg et al. (“Rosenberg”) (Ex. 1005); U.S.
`
`Patent No. 6,680,675 to Suzuki et al. (“Suzuki”) (Ex. 1006); U.S.
`
`Patent Pub. No. 2009/0089288 to Petersen (Ex. 1007); Apple
`
`Introduces the New iPhone 3G, Apple Newsroom, June 9, 2008
`
`(https://www.apple.com/newsroom/2008/06/09Apple-
`
`Introduces-the-New-iPhone-3G/)
`
`(Ex. 1008); Marguerite
`
`Reardon, Motion sensing comes to mobile phones, CNET (June
`
`11, 2007) (Ex. 1009); U.S. Patent Pub. No. 2006/0010240 to
`
`
`
`15
`
`Page 18 of 116
`
`
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
`
`Chuah (Ex. 1010); U.S. Patent Pub. No. 2002/0052781 to
`
`Aufricht (Ex. 1011); U.S. Patent No. 9,195,765 to Russell (Ex.
`
`1012); U.S. Patent Pub. No. 2007/0124721 to Cowing (Ex.
`
`1013); U.S. Patent No. 6,756,882 to Benes (Ex. 1014); U.S.
`
`Patent No. 8,738,431 to Elliott (Ex. 1016); Context-Aware
`
`Computing and Self-Managing, Systems, CRC Press, Edited by
`
`Waltenegus Dargie (2009) (Ex. 1018);
`
`• The Institution Decision (“Dec.” or “Decision”) by the Board of Patent
`
`Appeals and Interferences (“Board”) (Paper No. 13.)
`
`• PARC’s Patent Owner Response and accompanying exhibits, including
`
`the declaration of Dr. David Martin (Ex. 2003) and the exhibits
`
`identified therein;
`
`• PARC’s Contingent Motion to Amend (“MTA”) and accompanying
`
`exhibits, including the declaration of Dr. David Martin (Ex. 2003) and
`
`the exhibits identified therein;
`
`• The deposition transcript of Dr. David Martin (dated April 21, 2022)
`
`(Ex. 1021);
`
`• The deposition transcript of Mr. Smoot (dated February 18, 2022) (Ex.
`
`2007);
`
`• U.S. Patent No. 7,599,036 to Buck (“Buck”) (Ex. 1023);
`
`
`
`16
`
`Page 19 of 116
`
`
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
`
`
`• U.S. Patent No. 6,539,080 to Bruce et al. (“Bruce”) (Ex. 1024);
`
`• U.S. Patent No. 7,512,098 to Jiang et al. (“Jiang”) (Ex. 1025);
`
`• U.S. Patent No. 7,890,865 to Palmer et al. (“Palmer”) (Ex. 1026);
`
`• U.S. Patent No. 8,209,320 to Reitter et al. (“Reitter”) (Ex. 1027);
`
`• U.S. Patent Pub. No. 2006/0212408 to Nuestro et al. (“Nuestro”) (Ex.
`
`1028);
`
`• Any other materials I refer to in this declaration in support of my
`
`opinions.
`
`30.
`
`My opinions contained in this declaration are based on the
`
`materials I reviewed and my knowledge and professional judgment. My opinions
`
`have also been guided by my appreciation of how a person of ordinary skill in the
`
`art would have understood the claims and the specification of the ’599 patent at the
`
`time of the alleged invention, which I have been asked to consider as December 2,
`
`2008 as identified in the Petition (Pet., 2), considered by Mr. Smoot (Ex. 1002, ¶30),
`
`and as applied by Dr. Martin (Ex. 2003, ¶53). My opinions reflect how one of
`
`ordinary skill in the art would have understood the ’599 patent, the prior art to the
`
`patent, and the state of the art at the time of the alleged invention.
`
`31.
`
`Based on my experience and expertise, and based on my review of
`
`the materials identified above and referenced in this Declaration (including the
`
`Petition, POR, MTA, and accompanying exhibits including the declarations of Mr.
`
`
`
`17
`
`Page 20 of 116
`
`
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
`
`Smoot and Dr. Martin), below I provide responses to positions taken by Dr. Martin
`
`and/or Patent Owner concerning Original Claims 1-25, and my opinions regarding
`
`Substitute Claims 26-40.
`
`IV. PERSON OF ORDINARY SKILL IN THE ART
`
`32.
`
`I am familiar with the level of ordinary skill in the art with respect
`
`to the alleged inventions of the ’599 patent as of what I have been asked to consider
`
`is December 2, 2008. I have reviewed the definition of such a person of ordinary
`
`skill in the art as defined by Mr. Smoot and applied by Dr. Martin (Ex. 1002, ¶¶30-
`
`31; Ex. 2003, ¶48). In particular, as pointed out by Dr. Martin in his declaration:
`
`Petitioner has proposed “A person of ordinary skill in the
`art as of the priority date (‘POSITA’) would have had an
`undergraduate degree
`in electrical engineering,
`computer engineering, computer science or a related
`field along with at least two years of work experience in
`the field of content presentation and context-based
`systems/processes. (Ex.1002, ¶¶30-32.) More education
`can supplement practical experience and vice versa.”
`Petition at 3 (internal footnote omitted). The Board has
`adopted this assessment of a person of ordinary skill in the
`art. Institution Decision at 6.
`
`(Ex. 2003, ¶48.) I have been asked to consider (and did consider) the time of the
`
`alleged inventions (of both the Original and Substitute Claims) to be the same
`
`
`
`18
`
`Page 21 of 116
`
`
`
`
`
`Declaration of Dr. Kevin C. Almeroth
`U.S. Patent No. 8,489,599
`
`timeframe considered by Mr. Smoot and Dr. Martin, which is December 2, 2008. I
`
`qualified as such a skilled person at the relevant time period.
`
`V. TECHNICAL BACKGROUND
`
`33.
`
`I have reviewed the technical background discussions by Mr.
`
`Smoot in his declaration (Ex. 1001, ¶¶33-36) and agree with Mr. Smoot’s opinions
`
`concerning the technologies and techniques that were known to a person of ordinary
`
`skill in the art at the time of the ’599 patent. Below, in response to the positions
`
`taken by Patent Owner and Dr. Martin, I provide additional insight as to the
`
`knowledge of a person of ordinary skill in the art at that time (e.g., around and up to
`
`December 2, 2008) regarding the state of the art associated with the ’599 patent. In
`
`my opinion, the features, concepts, and technologies discussed below (and elsewhere
`
`in this Declaration) support my opinions regarding the knowledge of a person of
`
`ordinary skill in the art had at the time of the ’599 patent.
`
`A. User Interface and Error Handling
`At the time of the ’599 patent, user interface (including graphical
`34.
`
`user interface (“GUI”)) technologies and related processes were well-known in the
`
`art. A GUI typically included different elements and objects
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