UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ROKU, INC.,
`Petitioner,
`
`v.
`
`VIDEOLABS, INC.,
`Patent Owner.
`
`
`
`
`
`
`
`
`PTAB Case No. IPR2025-00072
`Patent No. 7,233,790
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`
`
`
`
`
`
`
`DECLARATION OF JAMES OLIVIER, PH.D. IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO.
`7,233,790
`
`
`
`
`Roku Exhibit 1003
`Roku v. Videolabs
`
`

`

`TABLE OF CONTENTS
`
`
`I.
`
`Page
`
`INTRODUCTION AND SUMMARY OF TESTIMONY ......................... 2
`A. Qualifications ........................................................................................ 3
`B. Materials Reviewed ............................................................................... 7
`C.
`Legal Principles ..................................................................................... 8
`D.
`Level of ordinary skill in the art ............................................................ 9
`E.
`Summary of opinions ..........................................................................10
`II. OVERVIEW OF THE TECHNOLOGY ..................................................10
`A.
`Relevant State of the Art .....................................................................10
`B.
`Overview of the ‘790 patent ................................................................12
`C.
`The Challenged Claims .......................................................................15
`D. Alleged Priority Date...........................................................................16
`E.
`Prosecution of the ‘790 patent .............................................................17
`F.
`Reexamination of the ‘790 patent .......................................................18
`G.
`Prior Inter Partes Review of the ‘790 patent .......................................19
`H.
`Claim Construction..............................................................................19
`III. UNPATENTABILITY OF THE ‘790 patent CLAIMS ...........................20
`A. Ground 1: Claims 1-4 and 8-11 are obvious over Chatani ................20
`1.
`The Prior Art .............................................................................20
`a.
`Chatani (U.S. Patent No. 7,363,384) .............................. 20
`Claim 1 ......................................................................................24
`
`2.
`
`
`
`-i-
`
`

`

`
`
`3.
`
`a.
`
`b.
`
`c.
`
`1[pre] A method of providing access to digital
`content for use on wireless communication
`devices, the method comprising: .................................... 24
`1[a.i] receiving and storing in a server system a
`plurality of digital items of content to be made
`available for use in wireless communication
`devices used by a plurality of wireless services
`subscribers, ..................................................................... 24
`1[a.ii] including receiving and storing a plurality of
`different implementations of at least one of the
`items of digital content, where each
`implementation of any given item of digital
`content corresponds to a different set of device
`capabilities; ..................................................................... 24
`1[b] operating the server system to maintain a
`product catalog containing a description of the
`items of digital content, whereinthe product
`catalog includes, in association with each item of
`digital content, a reference to each implementation
`of said item of digital content; ........................................ 25
`1[c] receiving a request from one of the wireless
`communication devices; ................................................. 25
`1[d] in response to the request, selecting a portion
`of the product catalog to be presented on the one
`wireless communication device, based in part on
`device capabilities of the one wireless
`communication device; and ............................................ 25
`1[e] presenting the selected portion of the product
`catalog to the one wireless communication device,
`such that the selected portion, as presented,
`provides a single description of each item of digital
`content in said portion, regardless of a number of
`implementations that are available for each said
`item. ................................................................................ 25
`Claim 2 ......................................................................................26
`
`d.
`
`e.
`
`f.
`
`g.
`
`-ii-
`
`

`

`
`
`4.
`
`a.
`
`b.
`
`c.
`
`d.
`
`e.
`
`f.
`
`g.
`
`2[pre]: A method of providing access to digital
`content for use on wireless communication
`devices, the method comprising: .................................... 26
`2[a.i](a): receiving and storing in a server system a
`plurality of items of digital content ................................ 28
`2[a.i](b): content to be made available for use in
`wireless communication devices used by a
`plurality of wireless services subscribers, ...................... 31
`2[a.ii](a): including receiving and storing a
`plurality of different implementations of at least
`one of the items of digital content, ................................. 32
`2[a.ii](b) where each implementation of any given
`item of digital content corresponds to a different
`set of device capabilities; ................................................ 33
`2[b](a) operating the server system to maintain a
`product catalog containing a description of the
`items of digital content, .................................................. 36
`2[b](b) wherein the product catalog includes, in
`association with each item of digital content, a
`reference to each implementation of said item of
`digital content; ................................................................ 38
`2[c] receiving a request from a wireless device
`used by one of the subscribers; ....................................... 39
`2[d] in response to the request, selecting a portion
`of the product catalog to be presented to the
`subscriber, based on device capabilities of the
`wireless device used by the subscriber; and ................... 41
`2[e](a) presenting the selected portion of the
`product catalog to the subscriber via a wireless
`network, .......................................................................... 45
`2[e](b) as presented to the subscriber, provides
`only a single description of each item of digital
`content in said portion, regardless of the number of
`implementations of each said item. ................................ 47
`Claim 3 ......................................................................................49
`
`h.
`
`i.
`
`j.
`
`k.
`
`-iii-
`
`

`

`
`
`5.
`
`6.
`
`a.
`
`b.
`
`c.
`
`d.
`
`b.
`
`c.
`
`d.
`
`3[pre] A method as recited in claim 2, wherein said
`selecting a portion of the product catalog
`comprises: ....................................................................... 49
`3[a.i] in response to the request, determining the
`identity of the wireless device used by the
`subscriber, ....................................................................... 49
`3[a.ii] wherein each implementation of the
`plurality of items of digital content has been
`previously associated in the server system with at
`least one device identity, according to
`corresponding device capabilities supported by the
`implementation; and ....................................................... 51
`3[b] selecting the portion of the product catalog to
`be presented to the subscriber based on the identity
`of the wireless device used by the subscriber. ................ 53
`Claim 4 ......................................................................................54
`a.
`4[pre] A method as recited in claim 2, further
`comprising ...................................................................... 54
`4[a] receiving from the subscriber a request for one
`of the items of digital content in said portion of the
`product catalog; .............................................................. 54
`4[b] selecting an implementation of the requested
`item of digital content, based on device capabilities
`of the wireless device used by the subscriber; and ......... 54
`4[c] downloading the selected implementation of
`the item of digital content to the wireless device
`used by the subscriber. .................................................... 55
`Claim 8 ......................................................................................55
`a.
`8[pre] A system that provides access to digital
`content for use on wireless communication
`devices, said system comprising: ................................... 56
`8[a] a network interface through which to
`communicate over a communication network; and ........ 57
`8[b.i] a download manager to ......................................... 58
`
`b.
`
`c.
`
`-iv-
`
`

`

`
`
`7.
`
`d.
`
`e.
`
`8[b.ii] receive and store a plurality of items of
`digital content to be made available for use in
`wireless communication devices used by a
`plurality of wireless telecommunications
`subscribers, including receiving and storing a
`plurality of different implementations of at least
`one of the items of digital content, where each
`implementation of any given item of digital
`content corresponds to a different set of device
`capabilities; ..................................................................... 59
`8[b.iii] maintain a product catalog containing a
`description of the items of digital content, wherein
`the product catalog includes, in association with
`each item of digital content, a reference to each
`implementation of said item of digital content ............... 59
`8[c] receive a request from one of the wireless
`communication devices .................................................. 59
`8[d] in response to the request, select a portion of
`the product catalog to be presented on the one
`wireless communication device, based in part on
`device capabilities of the one wireless
`communication device; and ............................................ 59
`8[e] presenting the selected portion of the product
`catalog to the one wireless communication device,
`such that the selected portion, as presented,
`provides a single description of each item of digital
`content in said portion, regardless of a number of
`implementations that are available for each said
`item. ................................................................................ 59
`Claim 9 ......................................................................................60
`a.
`9[pre] A system comprising: .......................................... 60
`b.
`9[a] a processor; and ....................................................... 60
`c.
`9[b] a storage facility accessible to the processor
`and containing code which, when executed by the
`processor, causes the processing system to .................... 60
`
`f.
`
`g.
`
`h.
`
`-v-
`
`

`

`
`
`8.
`
`d.
`
`e.
`
`f.
`
`g.
`
`h.
`
`9[b.i] receive and store a plurality of items of
`digital content to be made available for use in
`wireless communication devices used by a
`plurality of wireless telecommunications
`subscribers, including receiving and storing a
`plurality of different impleentations of at least one
`of the items of digital content, where each
`implementation of any given item of digital
`content corresponds to a different set of device
`capabilities; ..................................................................... 61
`9[b.ii] maintain a product catalog containing a
`description of the items of digital content, wherein
`the product catalog includes, in association with
`each item of digital content, a reference to each
`implementation of said item of digital content; .............. 62
`9[b.iii] receive a request from a wireless device
`used by one of the subscribers; ....................................... 62
`9[b.iv] in response to the request, select a portion
`of the product catalog to be presented to the
`subscriber, based on device capabilities of the
`wireless device used by the subscriber; and ................... 62
`9[b.v] cause the selected portion of the product
`catalog to be presented to the subscriber via a
`wireless telecommunications network, such that
`the selected portion, as presented to the subscriber,
`provides only a single description of each item of
`digital content in said portion, regardless of the
`number of implementations of each said item. ............... 62
`Claim 10 ....................................................................................62
`a.
`10[pre] A system as recited in claim 9, wherein
`selection of said portion of the product catalog
`comprises: ....................................................................... 62
`10[a.i] in response to the request, determining the
`identity of the wireless device used by the
`subscriber, ....................................................................... 62
`
`b.
`
`-vi-
`
`

`

`
`
`B.
`
`9.
`
`2.
`
`c.
`
`d.
`
`b.
`
`c.
`
`d.
`
`10[a.ii] wherein each implementation of the
`plurality of items of digital content has been
`previously associated in the server system with at
`least one device identity, according to
`corresponding device capabilities supported by the
`implementation; and ....................................................... 63
`10[b] selecting the portion of the product catalog
`to be presented to the subscriber based on the
`identity of the wireless device used by the
`subscriber. ....................................................................... 63
`Claim 11 ....................................................................................63
`a.
`11[pre] A system as recited in claim 10, wherein
`said storage facility further contains code which,
`when executed by the processor, causes the
`processing system to: ...................................................... 63
`11[a] receive from the subscriber a request for one
`of the items of digital content in said portion of the
`product catalog; .............................................................. 63
`11[b] select an implementation of the requested
`item of digital content, based on device capabilities
`of the wireless device used by the subscriber; and ......... 63
`11[c] download the selected implementation of the
`item of digital content to the wireless device used
`by the subscriber. ............................................................ 63
`Ground 2: Claims 5-7 and 12-14 are Obvious Over Chatani in
`view of Mulligan .................................................................................64
`1.
`The Prior Art .............................................................................64
`a. Mulligan (U.S. Patent No. 7,363,384) ............................ 64
`b. Motivation to combine teachings ................................... 67
`Claim 5 ......................................................................................71
`a.
`5[pre] A method as recited in claim 4, further
`comprising ...................................................................... 71
`
`-vii-
`
`

`

`
`
`3.
`
`4.
`
`b.
`
`c.
`
`b.
`
`c.
`
`d.
`
`5[a.i] associating each of the items of digital
`content in the server system with a plurality of
`different provisioning models, each of the
`provisioning models corresponding to a different
`set of device capabilities ................................................. 71
`5[a.ii] each provisioning model including a
`provisioning protocol and a corresponding set of
`provisioning attributes and descriptors for
`provisioning digital content in wireless devices. ............ 74
`Claim 6 ......................................................................................77
`a.
`6[pre] A method as recited in claim 5, further
`comprising ...................................................................... 77
`6[a] receiving from the subscriber a request for one
`of the items of digital content in said portion of the
`product catalog ................................................................ 77
`6[b] identifying device capabilities of the wireless
`device used by the subscriber ......................................... 77
`6[c] selecting one of a plurality of provisioning
`models associated with the requested item in the
`server system, based on the device capabilities of
`the wireless device used by the subscriber ..................... 77
`6[d] packaging the requested item according to the
`selected provisioning model ........................................... 78
`6[e] provisioning the requested item in the wireless
`device used by the subscriber according to the
`selected provisioning model. .......................................... 79
`Claim 7 ......................................................................................80
`a.
`7[pre] A method as recited in claim 6, wherein ............. 80
`b.
`7[a] said packaging the requested item comprises
`creating a provisioning descriptor for the requested
`item according to the selected provisioning model,
`and associating the provisioning descriptor with
`the requested item; and ................................................... 80
`
`e.
`
`f.
`
`-viii-
`
`

`

`
`
`5.
`
`6.
`
`c.
`
`b.
`
`c.
`
`7[b] said provisioning the requested item in the
`wireless device comprises sending the packaged
`requested item to the wireless device used by the
`subscriber according to a provisioning protocol
`associated with the selected provisioning model. .......... 81
`Claim 12 ....................................................................................82
`a.
`12[pre] A system as recited in claim 11, wherein
`said storage facility further contains code which,
`when executed by the processor, causes the
`processing system to ....................................................... 83
`12[a.i] associate each of the items of digital
`content in the server system with a plurality of
`different provisioning models ......................................... 83
`12[a.ii] each of the provisioning models
`corresponding to a different set of device
`capabilities, each of the provisioning models
`including a provisioning protocol and a
`corresponding set of provisioning attributes and
`descriptors for provisioning digital content in
`wireless devices. ............................................................. 83
`Claim 13 ....................................................................................83
`a.
`13[pre] A system as recited in claim 12, wherein
`said storage facility further contains code which,
`when executed by the processor, causes the
`processing system to ....................................................... 83
`13[a] receive from the subscriber a request for one
`of the items of digital content in said portion of the
`product catalog ................................................................ 83
`13[b] identify device capabilities of the wireless
`device used by the subscriber ......................................... 83
`13[c] select one of a plurality of provisioning
`models associated with the requested item in the
`server system, based on the device capabilities of
`the wireless device used by the subscriber ..................... 83
`
`b.
`
`c.
`
`d.
`
`-ix-
`
`

`

`e.
`
`f.
`
`c.
`
`
`
`7.
`
`13[d] package the requested item according to the
`selected provisioning model; and ................................... 84
`13[e] provision the requested item in the wireless
`device used by the subscriber according to the
`selected provisioning model. .......................................... 84
`Claim 14 ....................................................................................84
`a.
`14[pre] A system as recited in claim 13 ......................... 84
`b.
`14[a] wherein packaging the requested item
`comprises creating a provisioning descriptor for
`the requested item according to the selected
`provisioning model, and associating the
`provisioning descriptor with the requested item;
`and ................................................................................... 84
`14[b] wherein provisioning the requested item in
`the wireless device comprises sending the
`packaged requested item to the wireless device
`used by the subscriber according to a provisioning
`protocol associated with the selected provisioning
`model. ............................................................................. 84
`IV. CONCLUSION ............................................................................................85
`
`
`
`
`
`-x-
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`
`EXHIBIT LIST
`U.S. Patent No. 7,233,790 (“’790”)
`File History of U.S. Patent Application No. 10/600,746 (“’790FH”)
`U.S. Patent No. 7,363,384 (“Chatani”)
`U.S. Patent Application Publication No. 2003/0084177 (“Mulligan”)
`Starz Entm’t, LLC v. VL Collective IP, LLC, 1:21-cv-01448, Dkt. 88,
`pages 1-4 (Claim Construction Order) (D. Del. Jan. 10, 2023)
`Netflix, Inc. v. VideoLabs, Inc, IPR2023-00628, Paper 1 (Petition)
`(P.T.A.B. Feb. 23, 2023)
`Netflix, Inc. v. VideoLabs, Inc, IPR2023-00628, Paper 17 (Institution
`Decision) (P.T.A.B. Oct. 3, 2023)
`File History of Ex Parte Reexamination Control No. 90/015,063
`(“’790EPR”)
`Netflix, Inc. v. VideoLabs, Inc, IPR2023-00628, Paper 42 (Final Written
`Decision) (P.T.A.B. Oct. 2, 2024)
`
`
`
`
`EX1001
`EX1002
`EX1005
`EX1006
`EX1007
`
`EX1008
`
`EX1009
`
`EX1014
`
`EX1015
`
`1
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`INTRODUCTION AND SUMMARY OF TESTIMONY
`1. My name is James Olivier. I am currently an Adjunct Professor in the
`
`I.
`
`Telecommunications and Network Engineering Program at Southern Methodist
`
`University’s Graduate School of Electrical Engineering, where I teach Multiprotocol
`
`Labelled Switching (“MPLS”) networked enabled applications. I am also the owner
`
`of Olivier Consulting, where I provide consulting services for advanced
`
`network/product design along with intellectual property consulting.
`
`2.
`
`I have been engaged by Roku, Inc. (“Roku”) as a consultant in
`
`connection with Roku’s Petition for Inter Partes Review (“IPR”) of U.S. Patent No.
`
`7,233790 (the “‘790 patent”).
`
`3.
`
`I understand that the ‘790 patent is assigned to VideoLabs, Inc. (“Patent
`
`Owner” or “VideoLabs”).
`
`4.
`
`This Declaration is based on the information currently available to me.
`
`To the extent that additional information becomes available, I reserve the right to
`
`continue my investigation and analysis, which may include a review of documents
`
`and information that have not yet been produced, as well as testimony from
`
`depositions that have not yet been taken.
`
`5.
`
`All of the opinions set forth in this Declaration are based on my own
`
`personal knowledge, professional experience, education and
`
`judgment,
`
`in
`
`consideration of the documents, materials and information that I reference.
`
`2
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`In connection with my work as an expert in this matter, I am being
`
`6.
`
`compensated at $685.00 per hour for consulting services, including time spent
`
`testifying at any hearing that may be held. I am also being reimbursed for reasonable
`
`and customary expenses associated with my work in this case. I receive no other
`
`forms of compensation related to this case. No portion of my compensation is
`
`dependent or otherwise contingent upon the results of this proceeding or the specifics
`
`of my testimony.
`
`7.
`
`I reside in Dallas, Texas, and I am a citizen of the United States of
`
`America.
`
`A. Qualifications
`8.
`I possess the knowledge, skills, experience, training, and education to
`
`form an expert opinion and testimony in this case. I am an expert in the field of
`
`wireless and networking technologies. I have been an expert in this field since before
`
`June of 2002. In formulating my opinions, I have relied upon my training,
`
`knowledge, and experience in the relevant art. A copy of my curriculum vitae is
`
`attached to this Declaration as EX1004 and provides a description of my relevant
`
`experience, including my academic and employment history, publications, U.S.
`
`patents and patent applications, committee participation, and cases I have
`
`participated in over the past four years.
`
`9.
`
`I have a Ph.D. from The Ohio State University in Electrical Engineering
`
`3
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`with minors in Discrete Mathematics, Computer Science, and Microelectronics. My
`
`Ph.D. dissertation was based on coding theory and was titled “Concurrent Error
`
`Detection in Arithmetic Processors using gAN Codes”, in which I developed new
`
`codes for use in Arithmetic Processors such as microprocessors. In order to pursue
`
`this research, I took a number of advanced classes in both coding theory and in the
`
`advanced mathematics used in coding theory which is known as Discrete
`
`Mathematics. I have published papers on coding theory and continued my work in
`
`coding theory for arithmetic processors while at General Motor Research
`
`Laboratory.
`
`10.
`
`I have extensive experience
`
`in wireless systems design and
`
`development and have specialized in cellular communications product development.
`
`I have developed and designed equipment for wireless networks since my time at
`
`AT&T Bell Laboratories in 1990’s, where I worked on AT&T 5ESS, Network
`
`Control Point, and Autoplex Series base stations as a Member of the Technical Staff.
`
`It was there where I first began my work with telecommunication standards bodies
`
`as a contributing member of the Asynchronous Transfer Mode (“ATM”) Forum.
`
`Later at DSC, I was the Senior Manager of the ATM systems engineering group
`
`developing ATM packet switches for a new generation base station for Motorola's
`
`use in their Centralized Base Station Controller. While at DSC, I was also their
`
`corporate representative to the ATM Forum, participating in bi-monthly standards
`
`4
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`body development. I was one of the first contributors to the wireless standards at the
`
`ATM Forum. At DSC I was also a responsible for architecture and development of
`
`DSC’s Intelligent Network product line. These products demonstrated at
`
`SuperComm 1996, a U.S. telecommunications trade show which showed the
`
`integration of streaming media servers together with the interactivity of the Internet.
`
`11. At Samsung, I was a Principal Engineer for wireless broadband services
`
`over Universal Mobile Telecommunications System (“UMTS”). UMTS is a third-
`
`generation (“3G”) broadband standard developed by the 3rd Generation Partnership
`
`Project (“3GPP”). At Samsung Telecommunications America, I worked on
`
`designing their next-generation cellular switch, a UMTS mobile switching center
`
`(“MSC”). While at Samsung, I was also their corporate representative to the
`
`International Telecommunication Union (“ITU”), the United Nations agency
`
`responsible for standardizing information and communication technologies. The
`
`ITU, under its International Mobile Telecommunications-2000 effort, was part of
`
`the 3GPP standards body. It was there that I participated in the development of
`
`standards for advanced wireless networks. While at Samsung, I was responsible for
`
`the “services portion” of the UMTS switch. This subsystem provided Internet
`
`service, email, and the like to the subscribers. It was here where I was first introduced
`
`to Wireless Application Protocol (“WAP”).
`
`12. At Marconi, I worked on several systems for the access market, such as
`
`5
`
`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`Digital Subscriber Line (“DSL”) modems and Digital Subscriber Line Access
`
`Multiplexers (“DSLAMs”), along with the design of point-to-point wireless systems.
`
`At Navini Networks, I was responsible for layer 2 and layer 3 network protocols for
`
`their Wideband Code Division Multiplexed Access (“WCDMA”) wireless base
`
`stations and broadband modems. These layers were responsible for packet
`
`transmissions for various services over the WCDMA air interface. Here I was also
`
`responsible for the development of a Single Sign On (“SSO”) system which allowed
`
`users to gain information relating to their wireless subscription and delete or add
`
`services.
`
`13. From 2003 to the present, I have worked as a consultant for various
`
`companies to develop networking systems and provide technical consulting on
`
`intellectual property.
`
`14.
`
`I was previously Program Lead for Transformational Technology at the
`
`Hunt Institute for Engineering and Humanity, which is part of the Lyle School of
`
`Engineering at Southern Methodist University (“SMU”) in Dallas, Texas. SMU’s
`
`Hunt Institute’s mission is to “partner with leaders in business, academia, NGOs and
`
`government, in order to develop and scale sustainable and affordable technologies
`
`and solutions to the challenges facing people locally and globally.” See
`
`https://www.smu.edu/Lyle/Institutes/HuntInstitute (last visited March 5, 2021).
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`Among the transformational technologies I investigated at the Hunt Institute were
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`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`the Internet of Things (“IoT”), which makes extensive use of Fourth-Generation and
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`Fifth-Generation networks.
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`15.
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`I am a co-inventor of U.S. Patent No. 8,334,775 issued on December
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`18, 2012 and entitled “RFID-Based Asset Security and Tracking System, Apparatus
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`and Method.” This invention relates to a Radio-Frequency Identification (“RFID”)-
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`based Global Positioning System (“GPS”) tracking system to provide control and
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`security of assets. This system integrates an RFID-based detection system with a
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`conventional GPS tracking system. The GPS tracking system includes GPS receivers
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`connected over a network to a centrally-based GPS monitoring system.
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`16.
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`I have opined on the meaning of claim terms to one of ordinary skill in
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`the art on numerous occasions. See EX1004. For example, I provided opinions on
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`the meanings of claim terms in QPSX Developments 5 Pty Ltd. v. Nortel Networks,
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`Inc. and In the Matter of Certain Wireless Devices, Including Mobile Phone and
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`Tablets II, USITC Inv. No. 337-TA-905.
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`17. Because of my background, training, and experience, I am qualified as
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`an expert to explain the background of the technology encompassed by the ‘790
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`patent, as well as the meaning that the claim terms of the ‘790 patent discussed herein
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`would have had to a person of ordinary skill in the art (“POSITA”) in 2002 reading
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`the claims in light of the specification and file history.
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`B. Materials Reviewed
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`7
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`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`I have reviewed all of the materials cited herein and identified in the
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`18.
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`Exhibit List above, including the ‘790 patent and its file history, and the prior art
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`references discussed in detail below.
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`C. Legal Principles
`19.
`I am not a patent lawyer, but I have consulted on patent-related issues.
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`I understand that the claims of a patent define the invention or inventions covered
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`by the patent. I further understand that the language of the claims should be
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`interpreted as it would be understood by a POSITA at the time of the invention
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`(which I understand is presumed to be the date the patent application was filed absent
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`other evidence), in light of the specification and prosecution history. I have applied
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`this ordinary meaning in my analysis below, unless otherwise indicated.
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`20.
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`I understand that a patent claim is anticipated under 35 U.S.C. § 102 if
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`every element or limitation of the claim is disclosed either expressly or inherently in
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`a single prior art reference.
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`21.
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`I understand that a patent claim is obvious under 35 U.S.C. §103 if the
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`claimed subject matter as a whole would have been rendered obvious to a POSITA
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`at the time of the invention. More specifically, I understand that a patent claim is
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`obvious if any differences between it and what is disclosed in the prior art would
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`have been obvious to a POSITA at the time of the invention. I also understand that
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`the obviousness analysis considers the level of ordinary skill in the art at the time of
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`8
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`

`

`Declaration of James Olivier, Ph.D.
`In Support of Petition for Inter Partes Review of
`U.S. Pat. No. 7,233,790
`the invention. I understand also that certain criteria, such as copying, commercial
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`success, and long but