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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`PANASONIC CORPORATION et al.
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`Petitioners
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`v.
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`Papst Licensing GmbH & Co., KG,
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`Patent Owner
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`CASE: Unassigned
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`Patent No. 8,966,144
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`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
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`OHSUSA:765360228.1
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`PANASONIC CORP., et al.
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`Ex 1306, p. 1 of 111
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`PANASONIC CORPORATION et al.
`
`Petitioners
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`v.
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`Papst Licensing GmbH & Co., KG,
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`Patent Owner
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`
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`CASE: Unassigned
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`Patent No. 8,966,144
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`DECLARATION OF DR. PAUL F. REYNOLDS, Ph.D.
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
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`OHSUSA:765360228.1
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`PANASONIC CORP., et al.
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`Ex 1306, p. 1 of 111
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`I, Dr. Paul F. Reynolds, Ph.D., declare as follows:
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`I.
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`BACKGROUND AND QUALIFICATIONS
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`1.
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`From 1980 until August 2012, I was a Professor of Computer Science
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`at the University of Virginia’s School of Engineering and Applied Science.
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`2.
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`I have also served, and in some cases continue to serve, as an expert
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`consultant on distributed system matters for MITRE, Aerospace Corporation, the
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`Institute for Defense Analyses, Vanguard Research and currently for the U.S.
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`Army National Ground Intelligence Center.
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`3.
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`I have a Bachelor of Arts degree in Psychology from Ohio Northern
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`University that I obtained in 1970, a Master’s of Science in Computer Science
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`from the University of Texas at Austin, obtained in 1975, and a Doctor of
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`Philosophy in Computer Science from the University of Texas at Austin, obtained
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`in 1979. Both my Masters and Ph.D. focused on parallel and distributed systems
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`and networking topics.
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`4. During my time as a Professor, I was awarded over 60 grants, and
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`conducted research sponsored by DARPA, the National Science Foundation,
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`DUSA (OR), the National Institute for Science and Technology, the Defense
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`Modeling and Simulation Office, Virginia Center for Innovative Technology and
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`numerous industries.
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`5.
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`I taught many Ph.D. level classes on topics relating to distributed
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`computing and high performance networking. I have advised, to completion, 65
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`graduate degrees. The majority of my students, including my 16 Ph.D. students,
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`conducted research in distributed computing and networking. I published on many
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`of these topics.
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`6.
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`Since the mid-1970s, almost half of my research has been in the field
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`of parallel and distributed systems and networking.
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`7.
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`In particular, much of my research in the 1980’s and 1990’s was
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`focused on efficient time management of distributed simulations. I published
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`widely on the topic, and was actively involved in the deployment of related
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`technologies within the Department of Defense (DoD) modeling and simulation
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`communities.
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`8.
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`Specifically, I was one of the originators of the DoD High Level
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`Architecture for distributed simulations (IEEE standard 1516). I was also an
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`organizer and overseer for the DoD Joint National Test Facility (having a focus on
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`distributed simulation) in Colorado Springs.
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`9. Because of my experience, I was selected to be the program chair for
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`the IEEE Parallel and Distributed Simulation Conference on two different
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`occasions.
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`10.
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`I am also the co-architect of Isotach Networks, a system which
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`guarantees message delivery order in distributed systems without employing real
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`time clocks and supports very efficient management of consistency in concurrent
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`caches. Isotach Networks was supported by both the National Science Foundation
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`and the Defense Advanced Research Projects Agency and became subject material
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`in four of the Ph.D. dissertations I supervised.
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`11. Below is a partial list of my publications:
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` Spiegel, M., Reynolds, P.F., "Lock-Free Multiway Search Trees,"
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`ACM/IEEE International Conference on Parallel Processing, Sept, 2010.
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` Highley, T.J., Reynolds, P.F., and Vellanki, V. “Marginal Cost-Benefit
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`Analysis for Predictive File Prefetching,” ACM Southeast Conference,
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`March, 2003
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` Srinivasa, R., Reynolds, P.F., and Williams, C., “A New Look at Time-
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`Stamp Ordering Concurrency Control,” 12th International Conference on
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`Database and Expert Systems Applications - DEXA 2001, Sept, 2001.
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` Williams, C., Reynolds, P.F., and de Supinski, B.R. “Delta Coherence
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`Protocols,” IEEE Concurrency, Spring, 2000.
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` Srinivasa, R., Reynolds, P.F., and Williams, C. “IsoRule: Parallel Execution
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`of Rule-based Systems,” 1999 Int’l Conference on Parallel Processing, June
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`1999.
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` Srinivasan S., and Reynolds, P.F. “Elastic Time,” ACM Trans on Modeling
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`and Computer Simulation, 1998.
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` Srinivasan, S., Lyell, M., Wehrwein, J., Reynolds, P.F., “Fast Reductions on
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`a Network of Workstations,” 1997 International Conference on High
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`Performance Computing (HiPC97), Bangalore, India, Dec 1997.
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` Williams, C., and Reynolds, P.F. “Isotach Networks,” IEEE Transactions on
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`Parallel and Distributed Systems, 1997.
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` Williams, C., and Reynolds, P.F., "Combining Atomic Actions," Journal of
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`Parallel and Distributed Computing, pp. 152-163, Feb, 1995.
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` Srinivasan, S. and Reynolds, P.F., "Non-Interfering GVT Computation via
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`Asynchronous Global Reductions," Proceedings of ACM Winter Simulation
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`Conference, pp. 740-749, Dec, 1993.
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` Reynolds, P.F., Pancerella, C., and Srinivasan, S., "Design and Performance
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`Analysis of Hardware Support for Parallel Simulation," Journal of Parallel
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`and Distributed Computing, pp. 435-453, Aug, 1993.
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` Pancerella, C. and Reynolds, P.F., "Disseminating Critical Target-Specific
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`Synchronization Information in Parallel Discrete Event Simulations,"
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`Proceedings of the 7th Workshop on Parallel and Distributed Simulation, pp.
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`52-59, May, 1993, San Diego, CA.
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` Williams, C., and Reynolds, P.F., "Network-Based Coordination of
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`Asynchronously Executing Processes with Caches," Workshop on Fine-
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`Grain Massively Parallel Coordination, 4 pages, May, 1993, San Diego, CA.
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` Reynolds, P.F., Pancerella, C. and Srinivasan, S. "Making Parallel
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`Simulations Go Fast," Proceedings of the 1992 ACM Winter Simulation
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`Conference, pp. 646-656, Dec, 1992.]
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` Reynolds, P.F., "An Efficient Framework for Parallel Simulation,"
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`International Journal on Computer Simulation, 2, 4, pp. 427-445 (1992).
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` Nicol, D.M., and Reynolds, P.F., "Optimal Dynamic Remapping of Parallel
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`Computations," IEEE Transactions on Computer Systems, pp. 206-219 (Feb,
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`1990).
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` Reynolds, P.F., "Heterogeneous Distributed Simulation," Proceedings of the
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`1988 ACM Winter Simulation Conference, pp. 206-209, Dec, 1988, San
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`Diego, CA.
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` Reynolds, P.F., "A Spectrum of Options for Parallel Simulation,"
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`Proceedings of the 1988 ACM Winter Simulation Conference, pp. 325-332,
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`Dec, 1988, San Diego, CA.
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` Carson, S.D. and Reynolds, P.F., "The Geometry of Semaphore Programs,"
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`ACM Transactions on Programming Languages and Systems, 9, 1, pp. 25-53
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`(Jan, 1987).
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` O’Hallaron, D.R. and Reynolds, P.F., "A Generalized Deadlock Predicate,"
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`Information Processing Letters, pp. 181-188 (Nov, 1986).
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` Nicol, D.M., and Reynolds, P.F., "An Optimal Repartitioning Decision
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`Policy," Proceedings of The ACM Winter Simulation Conference, pp. 493-
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`497, Nov, 1985, San Francisco, CA.
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` Nicol, D.M. and Reynolds, P.F., "A Statistical Approach to Dynamic
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`Partitioning," Proceedings of the SCS Winter Multi-Conference, pp. 53-56,
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`Jan 24-26, 1985, San Diego, CA.
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` Reynolds, P.F., "A Shared Resource Algorithm for Distributed Simulation,"
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`Proceedings of The 9th International Symposium on Computer Architecture,
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`pp. 259-266, April, 1982, Austin, TX.
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` Chandy, K.M., and Reynolds, P.F., "Scheduling Partially Ordered Tasks
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`with Probabilistic Execution Times," Proceedings of Fifth SIGOPS, pp. 169-
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`177, March, 1975, Austin, TX.
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`12. A copy of my curriculum vitae, which describes in further detail my
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`qualifications, responsibilities, employment history, honors, awards, professional
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`associations, invited presentations, and publications is attached to this declaration
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`as Appendix A-1.
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`13.
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`I have reviewed United States Patent No. 8,966,1441 (“the ’144
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`patent”) to Michael L. Tasler as well as the applications referenced in the section
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`of the ’144 patent entitled “Related U.S. Application Data.” I have also reviewed
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`the publications cited in the footnotes of this declaration and referenced in the inter
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`partes review petition submitted herewith. For convenience, all of the information
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`that I considered in arriving at my opinions is listed in Appendix B-1.
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` Michael L. Tasler, “Analog Data Generating and Processing Device Having a
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` 1
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`Multi-Use Automatic Processor” U.S. Patent No. 8,966,144, filed August 24, 2006,
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`claiming priority to a continuation application filed June 14, 1999. (Ex. 1301)
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`For my efforts in connection with the preparation of this declaration I have
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`been compensated at my standard hourly rate of $425/hour. My compensation is
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`in no way contingent on the results of these or any other proceedings relating to
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`the above-captioned patent.
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`II.
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`INFORMATION PROVIDED TO ME
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`14.
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`In proceedings before the USPTO, I understand that the claims of an
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`unexpired patent are to be given their broadest reasonable interpretation in view of
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`the specification from the perspective of one skilled in the field. I have been
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`informed that the ’144 patent has not expired. In comparing the claims of the ’144
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`patent to the known prior art, I have carefully considered the ’144 patent, and the
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`’144 patent’s file history using my experience and knowledge in the relevant field.
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`15.
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`I am informed that the ’144 patent was filed on August 24, 2006, but
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`that it claims to be related to a chain of applications going back to a German
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`application alleged to have been filed March 4, 1997. I am informed that this
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`German application does not contain all of the disclosure of the ’144 patent.
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`Nevertheless, for purposes of this declaration only, I have assumed a priority date
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`of March 4, 1997 in determining whether a reference constitutes prior art.
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`16.
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`I understand that a claim is invalid if its subject matter is anticipated
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`or obvious. I further understand that anticipation of a claim requires that every
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`element of a claim be disclosed expressly or inherently in a single prior art
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`reference, in combination, as claimed.
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`17.
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`I further understand that obviousness of a claim requires that the claim
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`be obvious from the perspective of a person having ordinary skill in the relevant art
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`at the time the alleged invention was made. I further understand that a patent claim
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`can be found unpatentable as obvious where the differences between the subject
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`matter sought to be patented and the prior art are such that the subject matter as a
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`whole would have been obvious at the time the invention was made to a person
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`having ordinary skill in the relevant field. I understand that an obviousness
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`analysis involves a consideration of (1) the scope and content of the prior art, (2)
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`the differences between the claimed invention and the prior art, and (3) the level of
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`ordinary skill in the pertinent field.
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`18.
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`I further understand that certain factors may support or rebut the
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`obviousness of a claim. I understand that such secondary considerations include,
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`among other things, commercial success of the patented invention, skepticism of
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`those having ordinary skill in the art at the time of invention, unexpected results of
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`the invention, any long-felt but unsolved need in the art that was satisfied by the
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`alleged invention, the failure of others to make the alleged invention, praise of the
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`alleged invention by those having ordinary skill in the art, and copying of the
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`alleged invention by others in the field. I understand that there must be a nexus—a
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`connection—between any such secondary considerations and the alleged invention.
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`I also understand that contemporaneous and independent invention by others is a
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`secondary consideration tending to show obviousness.
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`19.
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`I further understand that a claim is obvious if it unites old elements
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`with no change to their respective functions, or alters prior art by mere substitution
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`of one element for another known in the field and that combination yields
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`predictable results. While it may be helpful to identify a reason for this
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`combination, common sense should guide and no rigid requirement of finding a
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`teaching, suggestion or motivation to combine is required. When a product is
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`available, design incentives and other market forces can prompt variations of it,
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`either in the same field or different one. If a person having ordinary skill in the
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`relevant art can implement a predictable variation, obviousness likely bars its
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`patentability. For the same reason, if a technique has been used to improve one
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`device and a person having ordinary skill in the art would recognize that it would
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`improve similar devices in the same way, using the technique is obvious. I
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`understand that a claim may be obvious if common sense directs one to combine
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`multiple prior art references or add missing features to reproduce the alleged
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`invention recited in the claims.
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`20.
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`I have been asked to consider U.S. Patent 5,499,378 by Andrew B.
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`McNeill, Jr. (“McNeill” or “the ’378 patent”). I have also been asked to consider
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`whether the techniques and procedures discussed in the ’378 patent read on each
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`limitation of independent claims 1, 84 and 86 and certain dependent claims (the
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`“Challenged Claims”) of the ’144 Patent. My conclusion is that the Challenged
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`Claims of U.S. Patent No. 5,499,378 are invalid as anticipated and/or obvious over
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`McNeill’s ’378 patent.
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`III. THE ’144 PATENT
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`21. The ’144 patent generally relates to interface devices for transfer of
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`data between a data transmitter (a.k.a. “data transmit/receive device”) and a host
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`(a.k.a. “host computer” or “host device”) (Ex. 144Patent at 1:18-22).
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`22. Tasler’s ’144 patent presents “randomly chosen” exemplars (Ex.
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`144Patent at 1:61) in support of his statement that “Existing data acquisition
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`systems for computers are very limited in their areas of application.” (Ex.
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`144Patent at 1:26-27). His first example describes interface devices that
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`“generally require very sophisticated drivers which are prone to malfunction.”
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`(Ex. 144Patent at 1:35-36). No concrete examples are offered in support his
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`statement regarding “prone to malfunction.”
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`23. A second example presents a diagnostic radiology system that is
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`reporting a fault. A responding service technician with a laptop is characterized as
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`needing “fast data transfer and rapid data analysis.” (Ex. 144Patent at 1:46-53) A
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`third example involves a multimeter as an input source, and a need “for the
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`interface device to support a high data transfer rate.” (Ex. 144Patent at 1:54-60)
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`24. From these examples Tasler concludes that: 1) “an interface may be
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`put to totally different uses”; 2) it should “be sufficiently flexible to permit
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`attachment of very different electrical or electronic systems to a host device by
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`means of the interface”; and 3) “a universal method of operating the interface be
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`provided for a large number of applications.” (Ex. 144Patent at 1:61-2:3)
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`25. Tasler finds disadvantage in interface devices that must be installed
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`inside a host computer: “such types of interface have the disadvantage that they
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`must be installed inside the computer casing to achieve maximum data transfer
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`rates.” (Ex. 144Patent at 2:13-15)
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`26. Tasler discusses PCMCIA (Personal Computer Memory Card
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`Association) interface technology, which was extant at the priority date of the
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`patent. He states that PCMCIA is “A solution to this problem” regarding the need
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`to install an interface device inside a computer’s casing. The PCMCIA interface
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`allowed “interface devices [to be] connected by means of a plug-in card”. (Ex.
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`144Patent at 2:20-27) One type of PCMCIA card provided a special printer
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`interface to a host computer by converting the PCMCIA interface to an established
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`parallel standard interface (IEEE 1284). Tasler goes on to say about the PCMCIA
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`technology:
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`The known interface device generally consists of a driver
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`component, a digital signal processor, a buffer and a hardware
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`module which terminates in a connector to which the device whose
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`data is to be acquired is attached. The driver component is attached
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`directly to the enhanced printer interface thus permitting the known
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`interface device to establish a connection between a computer and
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`the device whose data is to be acquired.
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`(Ex. 144Patent at 2:33-41).
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`27. About PCMCIA, Tasler states “an interface-specific driver must be
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`installed on the host device…” (Ex. 144Patent at 2:42-45). Tasler goes on to state:
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`“if the driver is a general driver which is as flexible as possible and which can be
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`used on many host devices, compromises must be accepted with regard to the data
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`transfer rate.” (Ex. 144Patent at 2:49-52). No substantiation is offered regarding
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`the claimed compromises.
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`28. Tasler addresses the potential conflict for resources that may occur
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`among tasks, including those that support data acquisition. He states that
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`competing tasks may “result in a system crash.” (Ex. 144Patent at 2:53-67).
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`Tasler’s discussion of competing tasks is not associated with any particular host,
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`operating system, driver technology or interface device technology.
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`29. Tasler discusses an interface device that connects to a bus. The
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`interface device can communicate with multiple peripheral devices. Control logic
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`in the interface device is implemented using finite states machines, one for each
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`peripheral. Tasler states “This known interface device provides optimal matching
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`between a host device and a specific peripheral device.” (Ex. 144Patent at 3:1-9)
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`30. Finally, Tasler discusses an interface device that communicates with
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`its host via its floppy drive interface, and permits attachment of a peripheral
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`device. Tasler notes there is “no information as to how communication should be
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`possible if the interface is connected to a multi-purpose interface instead of to a
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`floppy disk drive controller.” (Ex. 144Patent at 3:10-25)
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`31. The purported object of the ’144 patent interface device is to “provide
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`an interface device...whose use is host device-independent and which delivers a
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`high data transfer rate.” (Ex. 144Patent at 3:29-32). The interface device is meant
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`to “simulate[s], both in terms of hardware and software, the way in which a
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`conventional input/output device functions, preferably that of a hard disk.” (Ex.
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`144Patent at 4:17-20). I have read the following CAFC statement (as stated by the
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`Court of Appeals for the Federal Circuit in a decision relating to the construction
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`of claim terms in two related patents (U.S. Patent Nos. 6,895,449 and 6,470,399))
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`regarding host and device communications. My opinion is consistent with this
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`CAFC statement:
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`The patents describe an interface device intended to overcome those
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`limitations. It is common ground between the parties that, when a
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`host computer detects that a new device has been connected to it, a
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`normal course of action is this: the host asks the new device what
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`type of device it is; the connected device responds; the host
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`determines whether it already possesses drivers for (instructions for
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`communicating with) the identified type of device; and if it does not,
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`the host must obtain device-specific drivers (from somewhere) before
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`it can engage in the full intended communication with the new device.
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`In the patents at issue, when the interface device of the invention is
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`connected to a host, it responds to the host’s request for
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`identification by stating that it is a type of device, such as a hard
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`drive, for which the host system already has a working driver. By
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`answering in that manner, the interface device induces the host to
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`treat it—and, indirectly, data devices on the other side of the
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`interface device, no matter what type of devices they are—like the
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`device that is already familiar to the host. Thereafter, when the host
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`communicates with the interface device to request data from or
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`control the operation of the data device, the host translates the
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`communications into a form understandable by the connected data
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`device.
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`Ex. 1310, CAFC Opinion, 4-5.
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`32. The ’144 patent describes an interface device capable of delivering the
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`output of a data transmit/receive device to a host computer in a customary form on
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`a multi-purpose interface. The interface device can be viewed as a multi-step
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`device that: 1) receives data from an analog data transmit/receive device (Ex.
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`144Patent at independent claims 1, 84, 86), 2) buffers digitized analog data in an
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`internal memory (Ex. 144Patent at independent claims 1, 84, 86), and then 3)
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`delivers the buffered data to a host, presenting itself as a customary device via a
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`multi-purpose interface, e.g., a hard drive, via a SCSI interface in the preferred
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`embodiment (Ex. 144Patent at 3:51-56).
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`33. The ’144 Patent describes that the interface device contains a
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`processor, which may be a digital signal processor (DSP), data storage memory,
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`and a program memory. (Ex. 144Patent at Claim 1, 84, 86). In the ’144 patent’s
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`preferred embodiment in the form of a SCSI interface device, upon receiving an
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`INQUIRY from the host, the interface device responds to the host, indicating that it
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`is communicating with an i/o device. (Ex. 144Patent Abstract, 4:8-16). Also, the
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`interface device represents itself to the host as a customary i/o device. (Ex.
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`144Patent 4:16-20). In this preferred embodiment the interface device manages
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`“virtual files” (Ex. 144Patent 5:14-17) in support of simulating a conventional
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`input/output device, “preferably as a virtual hard disk…” (Ex. 144Patent 10:42-45)
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`34. Communication between the interface device and the host computer
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`takes place using a program in the host present in commercially available computer
`
`systems. The ’144 Patent admits that “usual BIOS routines . . . issue an
`
`instruction, known by those skilled in the art as an INQUIRY instruction.” (Ex.
`
`144Patent 5:17-30). In one embodiment of the ’144 patent as a SCSI interface
`
`device, communications between the host device and its multi-purpose interface
`
`are described as follows:
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`OHSUSA:765360228.1
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`-16-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 16 of 111
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`
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`
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`communication between the host device and the multi-purpose
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`interface can take place not only via drivers for input/output device
`
`customary in a host device which reside in the BIOS system of the
`
`host device but also via specific interface drivers which, in the case of
`
`SCSI interfaces, are known as multi-purpose interface ASPI
`
`(advanced SCSI programming interface) drivers.
`
`(Ex. 144Patent 10:23-29)
`
`35. The ’144 patent states about the ASPI driver: “this multi-purpose
`
`interface driver has the task of moving precisely specified SCSI commands from
`
`the host program to the host system SCSI adapter.” (Ex. 144Patent 10:33-36).
`
`36. The ’144 patent uses configuration files in order to provide
`
`instructions concerning operations a user may wish to perform on data from an
`
`analog input. For example, users can provide configuration files to the interface
`
`device that specify how long a measurement from the analog input is to last. (Ex.
`
`144Patent 6:11-15). “[T]he user can also create a configuration file, whose entries
`
`automatically set and control various functions” on the interface device. (Ex.
`
`144Patent 6:47-49). “These settings can be, for example, gain, multiplex or
`
`sampling rate setting.” (Ex. 144Patent 6:51-52). Thus, the interface device
`
`requires a user to provide a configuration file specifying his/her measurements to
`
`capture data from the data device.
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`OHSUSA:765360228.1
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`-17-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 17 of 111
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`
`
`A. Automatic Recognition Process (APR) and Identification
`Information
`
`37. The Tasler ’144 patent introduces the term “automatic recognition
`
`process” in its three independent claims 1, 84 and 86. In each of the ’144 patent’s
`
`three independent claims, sending of “identification information regarding the
`
`ADGPD” from the interface device to the host is presented as part of an automatic
`
`recognition process. “Identification information regarding the ADGPD” is not
`
`defined in the ’144 patent specification. Acquisition of device identification
`
`information over a SCSI interface is discussed in paragraphs SCSI 1-10, infra.
`
`B.
`
`File System Information
`
`38.
`
`The Tasler ’144 patent references the sending of “ADGPD file system
`
`information” from the ADGPD to a host in its independent claim 84 and dependent
`
`claim 42 (dependent from claim 1). Tasler’s use of “file system information” is
`
`independent of the operating system used on the interface device as explained next.
`
`Tasler’s characterization of file system information as including “the drive type,
`
`the starting position and the length of the file allocation table (FAT), the number of
`
`sectors, etc., known to those skilled in the art.” (Ex. 144Patent 5:41-47) is largely
`
`specific to Microsoft FAT-based file systems. One skilled in the art would
`
`understand that file system information returned by a UNIX operating system for
`
`example, would not return FAT information, but would return sufficient
`
`information for a host to determine the same critical file system information that
`
`OHSUSA:765360228.1
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`-18-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 18 of 111
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`
`
`can be learned from file system information representing a Microsoft FAT-based
`
`file system. The contents of “file system information” needed to enable
`
`determination of critical information such as the type of file system in use, the
`
`number of sectors on the disk drive, and the location and extent of the file
`
`directory, among others.
`
`IV. THE LEVEL OF ORDINARY SKILL IN THE ART
`
`39.
`
`I have been informed that the level of skill in the art is evidenced by
`
`the prior art references. The prior art discussed herein demonstrates that a person
`
`of ordinary skill in the field, at the relevant time (1996-1998) would have had at
`
`least a four-year degree in electrical engineering, computer science, or related field
`
`of study, or equivalent experience, and at least two years’ experience in studying or
`
`developing computer interfaces or peripherals. In my opinion, a person of ordinary
`
`skill would also be familiar with operating systems (e.g., MS-DOS, Windows,
`
`Unix) and their associated file systems (e.g., a FAT file system), device drivers for
`
`computer components and peripherals (e.g., mass storage device drivers), and
`
`communication interfaces (e.g., SCSI and PCMCIA interfaces).
`
`40.
`
`Based on my experience I have an understanding of the capabilities of
`
`a person of ordinary skill in the relevant field. I have supervised and directed
`
`many such persons over the course of my career. Further, I had those capabilities
`
`myself at the time the patent was filed.
`
`OHSUSA:765360228.1
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`-19-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 19 of 111
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`
`
`
`
`V. THE PRIOR ART
`
`A. McNeill ’378 Patent
`
`41.
`
`McNeill’s ’378 patent describes a method for emulating SCSI
`
`(peripheral) devices on a SCSI bus, so that those peripheral devices appear to be
`
`legitimate SCSI devices to an “initiator” attempting to access them on a “target”,
`
`even if the actual devices represented by the emulated SCSI device are 1) not
`
`directly connected to the computer on the SCSI bus, and 2) not SCSI devices.
`
`(378Patent, 3:17-21). Thus, McNeill’s emulator-based system allows, for
`
`example, initiator use of SCSI commands to access a non-SCSI disk drive in the
`
`target. McNeill refers to the initiator and the target as “computers.” (378Patent,
`
`Abstract)
`
`42.
`
`McNeill notes: “An initiator may address up to eight peripheral
`
`devices (i.e. Logical Units, LUNs) that are connected to a target.” (378Patent,
`
`2:14-15) and he discloses support for multiple emulated devices: “..the second
`
`computer emulating a SCSI remote peripheral device for direct access of the SCSI
`
`remote peripheral device by the computer and emulating a non-SCSI remote
`
`peripheral device for direct access of the non-SCSI remote peripheral device by the
`
`first computer upon command by the first computer…” (emphasis added)
`
`(378Patent, 8:24-29)).
`
`OHSUSA:765360228.1
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`-20-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 20 of 111
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`
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`43.
`
`In the following figure (378Patent, Figure 2), the “mag disk” (16) is
`
`an example of a peripheral device. “Device emulation code” on the “target” (14) is
`
`where the SCSI device emulation would take place, on behalf of the actual
`
`peripheral device (16). By emulating the mag disk (16) as a SCSI device, the target
`
`(14) makes the mag disk (16) appear to be a SCSI device to the initiator, even
`
`though the mag disk (16) is not a SCSI disk, and even though the mag disk (16) is
`
`not directly connected to the SCSI bus (12) (378Patent, 4:44-53).
`
`
`
`44.
`
`The target is communicatively connected to the initiator (10) by a
`
`SCSI bus (12), by way of the target’s SCSI interface (20) being connected to the
`
`initiator’s SCSI interface (18). The emulator on the target is communicatively
`
`
`
`OHSUSA:765360228.1
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`-21-
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`PANASONIC CORP., et al.
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`Ex 1306, p. 21 of 111
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`
`
`
`
`connected to the initiator by a SCSI cable (378Patent, 3:42-46). A SCSI cable
`
`would be connected to SCSI I/O ports on the initiator and the target, respectively.
`
`45.
`
`The emulator resident in the target is a memory resident device driver
`
`(378Patent, 5:59-60, 7:31-32). Device drivers, which support operating system
`
`access to devices, are not generally seen or used directly by an end user; they are
`
`hidden under a layer of abstraction presented to the user by any general purpose
`
`operating system.
`
`46.
`
`Clearly anticipating emulation of a range of peripheral devices,
`
`McNeill states: Target emulation routines (device drivers) could be written to
`
`support various types of devices and functions using similar structures under DOS
`
`or other operating system environments.” (378Patent, 7:37-8:3). There are no
`
`stated restrictions regarding the range of peripheral devices, including, for
`
`example, analog sensors that can be attached to the target and emulated by a target
`
`emulation routine. (378Patent, 7:37-8:6, 8:19-20). The emulated peripheral device
`
`could itself be an emulated device, e.g. a RAM drive which emulates a physical
`
`drive, or merely a designated section of a memory (random access or read only) of
`
`known extent (e.g. a buffer).
`
`47.
`
`The ‘378 patent discusses particulars of the SCSI protocol in detail,
`
`including the automatic INQUIRY exchange that takes place between a SCSI
`
`initiator and a SCSI target that enables an initiator’s discovery of a target device on
`
`OHSUSA:765360228.1
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`
`-22-
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`PANASONIC CORP., et al.
`
`Ex 1306, p. 22 of 111
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`
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`
`
`a SCSI bus (378Patent, Figure3, 5:10-32). Clearly depicted in Figure 3 are: 1) the
`
`initiator sending an INQUIRY (columns AC, top row), 2) the target receiving
`
`and constructing a response to the INQUIRY (columns DE, middle row) and 3)
`
`sending the INQUIRY response back to the initiator (columns AD, bottom).
`
`Further discussion of this SCSI automatic recognition and device identification
`
`process appears in p
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