IPR of U.S. Patent No. 8,725,700
`Decl. of Dr. Kevin C. Almeroth
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` Samsung Ex. 1002
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`SAMSUNG ELECTRONICS CO. LTD., and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`Petitioner,
`v.
`MASSIVELY BROADBAND LLC,
`
`Patent Owner.
`___________________
`U.S. Patent No. 8,725,700
`“Clearinghouse systems and methods for collecting or providing quality or
`performance data for enhanced availability of wireless communications”
`___________________
`DECLARATION OF KEVIN C. ALMEROTH, PH.D., IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 8,725,700
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`IPR of U.S. Patent No. 8,725,700
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`TABLE OF CONTENTS
`I. Introduction ...................................................................................................... 7
`A. Qualifications ........................................................................................ 7
`1. Educational Background ............................................................. 7
`2. Career .......................................................................................... 8
`3. Other Relevant Qualifications ................................................... 14
`B. Previous Expert Witness Testimony ................................................... 16
`C. Preparation for this Declaration .......................................................... 16
`II. Legal Understanding ...................................................................................... 17
`A. Claim Construction ............................................................................. 18
`B. Anticipation ......................................................................................... 18
`C. Obviousness ......................................................................................... 19
`III. The ’700 Patent .............................................................................................. 20
`A. Priority Date ........................................................................................ 20
`B. Specification ........................................................................................ 20
`C. Prosecution History of the ’700 Patent (EX1004) .............................. 23
`D. Level of Ordinary Skill in the Art ....................................................... 24
`E. Claim Construction ............................................................................. 25
`F. Challenged Claims .............................................................................. 25
`IV. Grounds .......................................................................................................... 30
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`A. Prior Art ............................................................................................... 30
`1. Daley ......................................................................................... 30
`1. Aaron ......................................................................................... 34
`2. Scherzer ..................................................................................... 36
`B. Ground 1: Daley, Aaron, and Scherzer (1-16) .................................... 37
`3. The Combination....................................................................... 37
`4. Motivations to Combine ........................................................... 39
`5. Reasonable Expectation of Success .......................................... 49
`6. Analysis ..................................................................................... 54
`C. Ground 2: Scherzer ............................................................................104
`1. Prior Art ..................................................................................104
`2. Analysis ...................................................................................104
`D. Ground 3: Scherzer and Chmaytelli ..................................................130
`1. Chmaytelli ...............................................................................130
`2. The Combination, Motivation, and Reasonable Expectation of
`Success ....................................................................................131
`3. Analysis ...................................................................................134
`B. Ground 4: Scherzer and Sharma ........................................................136
`1. Sharma ....................................................................................136
`2. The Combination, Motivation, and Reasonable Expectation of
`Success ....................................................................................137
`3. Analysis ...................................................................................140
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`V. Secondary Considerations of Non-Obviousness .........................................141
`VI. Conclusion ...................................................................................................142
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`LIST OF EXHIBITS
`Exhibit Description
`EX1001 U.S. Patent No. 8, 725,700 (“’700 Patent”)
`EX1002 Declaration of Kevin C. Almeroth
`EX1003 Curriculum Vitae of Kevin C. Almeroth
`EX1004 Prosecution History for U.S. Pat. No. 8,725,700
`EX1005 Patent Owner’s District Cour t Infringement Contentions for ’700
`Patent
`EX1006 U.S. Provisional Patent Appli cation 60/971,175 filed Sep. 10,
`2007
`EX1007 U.S. Provisional Patent Applicati on 60/977,582 filed Oct. 4, 2007
`EX1008 U.S. Provisional Patent Appli cation 61/028,261 filed Feb. 13,
`2008
`EX1009 U.S. Patent Publication No. 2007/0207800 A1 (“Daley”)
`EX1010 U.S. Patent Publication No. 2008/0305747 A1 (“Aaron”)
`EX1011 U.S. Patent Publication No . 2008/0186882 A1 (“Scherzer”)
`EX1012 U.S. Patent Publication No . 2006/0253453 A1 (“Chmaytelli”)
`EX1013 U.S. Patent Publication No. 2003/0216953 A1 (“Dawson”)
`EX1014 Intentionally Omitted
`EX1015 J. Schiller, Mobile Communications, Addison-Wesley, 2 nd Ed.,
`2003
`EX1016 M. Stemm and R. Katz, “Vertical handoffs in wireless overlay
`networks,” Mobile Networks and Applications, vol. 3, pp. 335-50,
`1998
`EX1017 R. Chalmers, G. Krishnamurthi , and K. Almeroth, “Enabling
`Intelligent Handovers in Heterogeneous Wireless Networks,”
`ACM Journal on Mobile Networks and Applications (MONET),
`vol. 11, num. 2, pp. 215-227, April 2006
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`Exhibit Description
`EX1018 S. Soliman, P. Agas he, et al., “gpsOneTM: A hybrid position
`location system.” IEEE, 0-7803-6560-7, pp. 330-35, 2000
`EX1019 K. Wang, L. Yan, H. Wen, a nd K. He, “GpsOne: a New Solution
`to Vehicle Navigation,” IEEE, 0-7803-8416-4, pps. 341-46, 2004
`EX1020 U.S. Patent Publication No . 2003/0125044 A1 (“Deloach”)
`EX1021 Fryer’s TowerSource Acquired by Biby Publishing (Dec. 29,
`2005), available at
`https://wirelessestimator.com/content/articles/?pagename=wireless
`+tower+news, p. 13
`EX1022 FCC ASR Registration Form 854 (January, 2006)
`EX1023 Sample FCC ASR Record
`EX1024 FCC ASR Search Screenshot
`EX1025 Intentionally Omitted
`EX1026 Richard Shim, Boingo, T-Mobile Team On Wireless Roaming,
`CNET (Mar. 18, 2003), available at:
`https://www.cnet.com/tech/mobile/boingo-t-mobile-team-on-
`wireless-roaming/
`EX1027 Intentionally Omitted
`EX1028 U.S. Patent No. 6,332,127 (“Bandera”)
`EX1029 U.S. Patent No. 6,545,596 (“Moon”)
`EX1030 U.S. Patent Publication No . 2002/0046084 A1 (“Steele”)
`EX1031 U.S. Patent No. 7,110,749 (“Zellner”)
`EX1032 G. Heine, GSM Networks: Protocols, Terminology, and
`Implementation, Artech House, 1999.
`EX1033 U.S. Patent No. 6,978,138 (“Japenga”)
`EX1034 Intentionally Omitted
`EX1035 Telcom Network Planning fo r evolving Network Architectures,
`Reference Manual, Draft Version 4.1, ITU, 28 February 2007.
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`Exhibit Description
`EX1036 A. Sinclair, GSM Goes to Mark et, GSM Association, March 2007
`EX1037 Intentionally Omitted
`EX1038 Intentionally Omitted
`EX1039 Bitfone Solutions, Bitfone (Oct. 22, 2006), available at
`https://web.archive.org/web/20061022001229/http:/www.bitfone.c
`om/usa/enter.shtml
`EX1040 U.S. Patent Application P ublication 2004/0097260 (“Stenton”)
`EX1041 Sandeep Adwanker, et al., Universal Manager: Seamless
`Management of Enterprise Mobile and Non-mobile Devices, IEEE
`International Conference on Mobile Data Management (2004).
`EX1042 U.S. Provisional Patent App lication No. 60/774,406 (“Daley
`Provisional”)
`EX1043 Gary Krakow, The first Palm-Microsoft smart phone debuts, NBC
`News (January 5, 2006), available at
`https://www.nbcnews.com/id/wbna10698983
`EX1044 Pui-Wing Tam, How Palm’s Treo Capitalized On BlackBerry’s
`Patent Fracas, Wall Street Journal (Mar. 23, 2006), available at
`https://www.wsj.com/articles/SB114308086956305949
`EX1045 E.P. 1,624,710 (“Smith”)
`EX1046 W.O. 2004/030393 (“Korale”)
`EX1047 MySpace, Facebook and Other Social Networking Sites: Hot
`Today, Gone Tomorrow?, Knowledge at Wharton (May 3, 2006),
`available at
`https://knowledge.wharton.upenn.edu/podcast/knowledge-at-
`wharton-podcast/myspace-facebook-and-other-social-networking-
`sites-hot-today-gone-tomorrow/
`EX1048 U.S. Patent No. 7,373,246 (“O’Clair”)
`EX1049 U.S. Patent No. 8,666,821 (“Xie”)
`EX1050 U.S. Patent Publication No. 2007/0213925 (“Sharma”)
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`IPR of U.S. Patent No. 8,725,700
`Decl. of Dr. Kevin C. Almeroth
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`I. Introduction
`1. I have been retained by Quinn Emanuel Urquhart & Sullivan, LLP on
`behalf of the Petitioner Samsung Electr onics Co., Ltd. (“Petitioner”) as an
`independent expert in this inter partes review (this “Proceeding”) before the Patent
`Trial and Appeal Board of the United St ates Patent and Trademark Office (the
`“Board”) to review claims 1-16 (“the ch allenged claims”) of U.S. Patent No.
`8,725,700 (“the ’700 patent”). I have b een asked by the Petitioner to assist in
`evaluating the claims and the disclosure of the ’700 patent.
`A. Qualifications
`2. EX1003 is a true and correct copy of my current CV, which describes
`my education, patents and publications , employment and research history, and
`professional activities and awards.
`1. Educational Background
`3. I hold three degrees from the Georgi a Institute of Technology: (1) a
`Bachelor of Science degree in Informati on and Computer Science (with minors in
`Economics, Technical Communication, and American Literature) earned in June
`1992; (2) a Master of Scienc e degree in Computer Scienc e (with specialization in
`Networking and Systems) earned in June 1994; and (3) a Doctor of Philosophy
`(Ph.D.) degree in Computer Science (Di ssertation Title: Networking and System
`Support for the Efficient, Scalable Deliver y of Services in Interactive Multimedia
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`System, minor in Telecommunications Public Policy) earned in June 1997. I have
`taken a wide variety of courses as demo nstrated by my minor. My undergraduate
`degree also included a number of courses mo re typical of a degree in electrical
`engineering, including digital logic, si gnal processing, and telecommunications
`theory.
`2. Career
`4. I am a Professor Emeritus in the Depa rtment of Computer Science at
`the University of California, Santa Barbara (UCSB). While active at UCSB, I held
`faculty appointments and was a founding member of the Computer Engineering
`(CE) Program, Media Arts and Technol ogy (MAT) Program, and the Technology
`Management Program (TMP). I was the Associate Director of the Center for
`Information Technology and Society (CIT S) from 1999 to 2012. I have been a
`faculty member at UCSB since July 1997.
`5. One of the major concentrations of my research has been the delivery
`of multimedia content and data betwee n computing devices, including various
`network architectures. In my research, I have studied large-scale content delivery
`systems, and the use of servers located in a variety of geographic locations to provide
`scalable delivery to hundreds or thousand s of users simultaneously. I have also
`studied smaller-scale content delivery sy stems in which content is exchanged
`between individual computers and portable devices. My work has emphasized the
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`exchange of content more efficiently across computer networks, including the
`scalable delivery of content to many users, mobile computing, satellite networking,
`delivering content to mobile devices, a nd network support fo r data delivery in
`wireless networks.
`6. In 1992, the initial focus of my re search was on the provision of
`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-forward)
`for near video-on-demand systems in cable systems; in particular, how to aggregate
`requests for movies at a cable head-end and then how to satisfy a multitude of
`requests using one audio/video stream broadcast to multiple receivers
`simultaneously. This research has c ontinually evolved a nd resulted in the
`development of techniques to scalably deliver on-demand content, including audio,
`video, web documents, and other types of data, through the Internet and over other
`types of networks, including over cable systems, broadband te lephone lines, and
`satellite links.
`7. An important component of my res earch has been investigating the
`challenges of communicating multimedia content, including video, between
`computers and across networks including the Internet. I have worked on a variety of
`research problems and used a number of sy stems that were de veloped to deliver
`multimedia content to users. One content- delivery method I have researched is the
`one-to-many communication facility called “multicast,” first deployed as the
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`Multicast Backbone, a virtual overlay network supporting one-to-many
`communication. Multicast is one technique that can be used on the Internet to
`provide streaming media support for comp lex applications lik e video-on-demand,
`distance learning, distributed collaborati on, distributed games, and large-scale
`wireless communication. The delivery of media through multicast often involves
`using Internet infrastructure, devices and protocols, including protocols for routing
`and TCP/IP.
`8. Starting in 1997, I worked on a project to integrate the streaming media
`capabilities of the Internet together with th e interactivity of the web. I developed a
`project called the Interactive Multimedia Jukebox (IMJ). Users would visit a web
`page and select content to view. The cont ent would then be scheduled on one of a
`number of channels, including delivery to students in Georgia Tech dorms delivered
`via the campus cable plant. The cont ent of each channel was delivered using
`multicast communication.
`9. More recently, I have also studied issues concerning how users choose
`content, especially when considering the pr ice of that content. My research has
`examined how dynamic content pricing can be used to control system load. By
`raising prices when systems start to beco me overloaded (i.e., when all available
`resources are fully utilized) and reducing pr ices 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. Th is capability is particularly useful in
`systems where content is downloaded or streamed on-demand to users.
`10. Protecting networks, including their operation and content, has been an
`underlying theme of my research almost since the beginning of my research career.
`Starting in 2000, I have been involved in several projects that specifically address
`security, network protection, and firewa lls. After significant background work, a
`team on which I was a member successfully submitted a $4.3M grant proposal to the
`Army Research Office (ARO) at the Department of Defense to propose and develop
`a high-speed intrusion detection system. Key aspects of the system included
`associating streams of packets and analyz ing them for viruses and other malware.
`Once the grant was awarded, we spent several years developing and meeting the
`milestones of the project. A number of my students worked on related projects and
`published papers on topics ranging from intrusion detection to developing advanced
`techniques to be incorporated into firewalls . I have also used firewalls, including
`their associated malware detection feat ures, in developing techniques for the
`classroom to ensure that students are not distracted by online content.
`11. Recent work ties some of the various threads of my past research
`together. I have investigated content delivery in online social networks and proposed
`reputation management systems in large-scale social networks and marketplaces.
`On the content delivery side, I have looked at issues of caching and cache placement,
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`especially when content being shared and the cache has geographical relevance. We
`were able to show that effective caching strategies can greatly improve performance
`and reduce deployment costs. Our work on reputation systems showed that
`reputations have economic va lue, and as such, creates a motivation to manipulate
`reputations. In response, we developed a variety of solutions to protect the integrity
`of reputations in online social networks . The techniques we developed for content
`delivery and reputation manage ment were particularly re levant in peer-to-peer
`communication.
`12. My involvement in the research community extends to leadership
`positions for several academic journals and conferences. I am the co-chair of the
`Steering Committee for the ACM Network a nd System Support for Digital Audio
`and Video (NOSSDAV) workshop and on the Steering Committees for the
`International Conference on Network Protocols (ICNP), ACM Sigcomm Workshop
`on Challenged Networks (CHANTS), and IEEE Global Internet (GI) Symposium. I
`have served or am serving on the Editori al Boards of IEEE/ACM Transactions on
`Networking, IEEE Transactions on Mo bile Computing, IEEE Network, ACM
`Computers in Entertainment, AACE Jour nal of Interactive Learning Research
`(JILR), and ACM Computer Communications Review. I have co-chaired a number
`of conferences and workshops including the IEEE International Conference on
`Network Protocols (ICNP), IEEE Conf erence on Sensor, Mesh and Ad Hoc
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`Communications and Networks (SECON ), International Conference on
`Communication Systems and Networks (COMSNETS), IFIP/IEEE International
`Conference on Management of Multimedia Networks and Services (MMNS), the
`International Workshop On Wireless Network Measurement (WiNMee), ACM
`Sigcomm Workshop on Chal lenged Networks (CHANT S), the Network Group
`Communication (NGC) workshop, and the Gl obal Internet Symposium, and I have
`served on the program committees for numerous conferences.
`13. Furthermore, in the courses I taught at UCSB, a significant portion of
`my curriculum covered aspects of th e Internet and network communication
`including the physical and data link layers of the Open System Interconnect (OSI)
`protocol stack, and standardized protoc ols for communicating across a variety of
`physical media such as cable systems, telephone lines, wireless, and high-speed
`Local Area Networks (LANs). The course s I have taught also cover most major
`topics in Internet communication, in cluding data communication, multimedia
`encoding, and mobile application design. My research and courses have covered a
`range of physical infrastructures for de livering content over networks, including
`cable, Integrated Services Digital Network (ISDN), Ethe rnet, Asynchronous
`Transfer Mode (ATM), fiber, and Digital Subscriber Line (DSL). For a complete list
`of courses I have taught, see my curriculum vitae (EX1003).
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`14. 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 emula tion 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 networ k services including IPv6,
`multicast, Quality of Service (QoS), sate llite-based communication, and security.
`Applications for this emulation progra m included communication of a variety of
`multimedia-based services, including video conferencing and video-on-demand.
`15. 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-establishe d companies to start-ups and include
`IBM, Hitachi Telecom, Turn er Broadcasting System (TBS), Bell South, Digital
`Fountain, RealNetworks, Intel Research, Cisco Systems, and Lockheed Martin.
`16. Additional details about my employmen t history, fields of expertise,
`and publications are further included in my CV (EX1003).
`3. Other Relevant Qualifications
`17. I am a Member of the Associati on of Computing Machinery (ACM)
`and a Fellow of the Institute of Electrical and Electronics Engineers (IEEE).
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`18. As an important component of my research program, I have been
`involved in the development of academic research into available technology in the
`market place. One aspect of this work is my involvement in the Internet Engineering
`Task Force (IETF). The IETF is a la rge and open international community of
`network designers, operators, vendors, and researchers concerned with the evolution
`of the Internet architecture and the smooth operation of the Internet. I have been
`involved in various IETF groups includi ng many content delivery-related working
`groups like the Audio Video Transpor t (AVT) group, the MBone Deployment
`(MBONED) group, Source Specific Multi cast (SSM) group, the Inter-Domain
`Multicast Routing (IDMR) group, the Re liable Multicast Transport (RMT) group,
`the Protocol Independent Multicast (PIM) group, etc. I have also served as a member
`of the Multicast Directorate (MADDOGS), which oversaw the standardization of all
`things related to multicast in the IETF. Finally, I was the Chair of the Internet2
`Multicast Working Group for seven years.
`19. I am an author or co-author of approximately 200 technical papers,
`published software systems, IETF Internet Drafts and IETF Request for Comments
`(RFCs). A complete list of my publications is in my CV (EX1003).
`20. I have been awarded numerous teaching awards, including Computer
`Science Outstanding Faculty Member (1997-98, 1998-99, 1999-2000, 2004-06,
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`UCSB Spotlight on Excellence Award ( 2000-01), and UCSB Academic Senate
`Distinguished Teaching Award (2006-07).
`B. Previous Expert Witness Testimony
`21. The list of recent matters in which I have testified can be found in
`EX1003.
`C. Preparation for this Declaration
`22. In forming my opinions, I have considered the ’700 patent
`specification, including the Ab stract, the figures, and the claim language itself, as
`would have been understood by a person of ordinary skill in the art as of the priority
`date of the ’700 patent (a “POSITA”). My understanding of “POSITA” and “priority
`date” are set forth below. I have also reviewed the file history of the ’700 patent, the
`Exhibits that are listed in the list of Exhi bits, and any other mate rial cited in this
`declaration.
`23. In forming my opinions, I have relied on my pers onal knowledge and
`professional experience, a nd on the documents and information referenced in this
`declaration.
`24. This declaration explains, based on facts and information available to
`me to date, the subject matter and opinions related to this Proceeding. As such, I am
`prepared to provide expert testimony regarding opinions formed resulting from my
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`analysis of the issues considered in this declaration if asked about those issues by
`the Board or by the private parties’ attorneys.
`25. Additionally, I may discuss my own work, teachings, and knowledge
`of the state of the art in the relevant time period. I may rely on handbooks, textbooks,
`technical literature, and the like to demonstr ate the state of the art in the relevant
`period and the evolution of relevant technologies.
`26. Throughout this declaration, I refer to specific pages of the ’700 patent
`and other documents. The citations are intended to be exemplary and are not
`intended to convey that the citations are the only source of evidence to support the
`propositions for which they are cited.
`27. I am being compensated for my time spent on this matter at a rate of
`$850 per hour, and my compensation is in no way contingent upon the outcome of
`this matter or on the opinions I offer. All of the opinions expressed in this declaration
`are my own.
`II. Legal Understanding
`28. In this section, I describe my unde rstanding of certain legal standards
`that I have relied upon in forming my opinions set forth in this declaration. I have
`been informed of these legal standards by Petitioner’s attorneys. I am not an attorney
`and I have not thoroughly researched the law on patent invalidity. I am relying only
`on instructions from Petitioner’s attorneys for these legal standards.
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`A. Claim Construction
`29. I have been instructed by counsel that claim construction is a matter of
`law for the arbiter of law to decide. I understand that in an inter partes review, claims
`are construed using the same claim constr uction standard that would be used to
`construe the claim in a civil action.
`30. I understand that a patent may include two types of claims, independent
`claims and dependent claims. An independent claim stands alone and includes only
`the limitations it recites. A dependent claim can depend on an independent claim or
`another dependent claim. I understand that a depende nt claim includes all the
`limitations that it recites in addition to the limitations recited in the claim from which
`it depends.
`B. Anticipation
`31. I understand that a patent claim is anticipated when a single piece of
`prior art describes every element of the claimed invention, either expressly or
`inherently, arranged in the same way as in the claim. For inherent anticipation to be
`found, it is required that the missing descriptive material is necessarily present in the
`prior art. I understand that, for the purpose of an inter partes review, prior art that
`anticipates a claim can include both patents and printed publications from anywhere
`in the world.
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`C. Obviousness
`32. I understand that a patent claim is unpatentable and invalid if the subject
`matter of the claim as a whole would have been obvious to a POSITA as of the time
`of the invention at issue. My understa nding of a POSITA is set forth below. I
`understand that the following factors must be evaluated to determine whether the
`claimed subject matter is obvious: (1) the sc ope and content of the prior art; (2) the
`difference or differences, if any, between each claim of the patent and the prior art;
`and (3) the level of ordinary skill in the ar t at the time the patent was filed. Unlike
`anticipation, which allows consideration of only one item of prior art, I understand
`that obviousness may be shown by consideri ng more than one item of prior art.
`Moreover, I have been informed and I understand that the so-called objective indicia
`of non-obviousness, also known as “seconda ry considerations,” are also to be
`considered when assessing obviousness. These include: (1) commercial success; (2)
`long-felt but unresolved needs; (3) copying of the invention by others in the field;
`(4) initial expressions of disbelief by experts in the field; (5) failure of others to solve
`the problem that the inventor solved; and (6) unexpected results. I also understand
`that evidence of objective indicia of non-obviousness must be commensurate in
`scope with the claimed subject matter.
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`IPR of U.S. Patent No. 8,725,700
`Decl. of Dr. Kevin C. Almeroth
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` Samsung Ex. 1002
`III. The ’700 Patent
`33. The ’700 patent is titled “Clear inghouse systems and methods for
`collecting or providing quality or performan ce data for enhanced availability of
`wireless communications.”
`34. The ’700 patent lists inventor Theodore S. Rappaport.
`35. The ’700 patent was filed as U.S. Patent Application No. 12/815,165
`on June 14, 2010, and issued on May 13, 2014.
`A. Priority Date
`36. The ’700 patent’s application is a continuation of U.S. Patent
`Application No. 12/208,007 which claims pr iority to U.S. Provisional Application
`No. 60/971,175, filed on September 10, 2007, U.S. Provisional Application No.
`60/977,582, filed on Oct ober 4, 2007, and U.S. Provisional Application No.
`61/028,261, filed on February 13, 2008. I have assumed a priority date of September
`10, 2007 date for purposes of my analysis, but do not offer an opinion whether or
`not the ’175, ’582, or ’261 provisional applications supports September 10, 2007, as
`the priority date.
`B. Specification
`37. The specification discloses that before the alleged invention,
`intermediaries would help make a mark et between real property owners and
`telecommunications carriers desirous of placing infrastructure on that property.
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`IPR of U.S. Patent No. 8,725,700
`Decl. of Dr. Kevin C. Almeroth
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` Samsung Ex. 1002
`EX1001, 1:19-2:41. It descri bes that a variety of info rmation and analytics were
`used when identifying opportunities and negotiating a deal. Id. It also describes the
`existence of online marketpla ces and software tools to f acilitate such transactions.
`Id., 2:31-57. After asserting there wa s no “public clearinghouse” where carriers
`could explore information about “tower sites or available real estate or land available
`to their business needs” (3:1 7-21, 2:58-3:28), the ’700 Patent asserts that business
`and technical trends, including developmen ts in wireless connectivity (3:29-4:22),
`will contribute to the demand for an online marketplace specific to
`telecommunications infrastructure, repl acing the existing manual markets (4:23-
`5:56).
`38. The patent identifies both (1) fi rms and websites that use public
`information to map or plot wireless signa l strength/quality and that allow users to
`comment on the same wireless signal strengt h in a particular area and (2) websites
`that push advertising to users and similarly allow for user reviews of wireless devices
`and networks. Id., 7:8-40. In the Detailed Desc ription, the patent acknowledges
`additional prior art and specific systems and sites of relevance. Id., 13:60-16:11.
`39. The specification emphasizes the br eadth of the invention: “This
`invention applies to any carrier-based system … no matter … whet her it is wired or
`wireless … or what the tech nology, modulation, access me thod, etc. may be. That
`is, this patent is not limited to wireless, optical, cellular, WiMax, Mesh, WiFi, RFID,
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`IPR of U.S. Patent No. 8,725