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1. Intel x86 PC running the MS DOS operating system based on my experience with such systems it is substantially similar unless I expressly note differently below a8 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky unzipped outside of DOSBox See 10 above and Thompson Decl 5 PersonalWeb 2014 Apparently this is a known issue with the current version of DOSBox I observed no other issues relating to my use of the DOSBox emulator to access the Kantor Reference EMC 1004 Ii GETLOOK BAT 17 As displayed in the excerpt in paragraph 13 above before instructing users on how to install the FWKCS122 software the README TXT file provides users who do not wish to install the FWKCS system with simple two step instructions for accessing the system s literature First enter command PKUNZIP FWKCS122 ZIP unzips ZIP file Second enter command GETLOOK executes GETLOOK BAT file See e g http www vogons org viewtopic php f 33 amp t 18242 amp start 20 p131754 posting on forum linked to http www dosbox com noting that when you unzip files with PKUNZIP using ykhwong s build the extracted files retain their modification date time stamps but with the official build the stamps are set to the current date time EMC 1080 at 14 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky EMC 1079 at 1 emphasis added 18 Using2. V Installing FWKCS122 23 I understand that Mr Thompson was unable to actually install the FWKCS software In particular he received an error message when he executed the INSTALL BAT program and selected option 1 from the installation menu See Thompson Decl 11 17 18 PersonalWeb 2014 Thompson Tr 54 56 EMC 1082 24 Following the instructions contained in the README TXT file EMC 1079 and using the utility software and DOSBox emulator as described above I did not receive any error messages when I executed the INSTALL BAT file and selected option 1 14 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky 25 After typing INSTALL and then moving through a series of screens and selecting option 1 just as Mr Thompson did I did not see any of the error messages that Mr Thompson observed Thompson Decl 4 18 PersonalWeb 2014 Instead I saw the following screen E DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program PKUNZIP EI o is 3 These screens matched the content of the screenshots in paragraphs 7 9 and 13 17 of the Thompson Declaration PersonalWeb 2014 sise U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky 26 Some additional installation status messages displayed briefly and then I saw the following screen FEI DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program DOSBOX shared o puright Frede
3. mimic the operating system that would have been in use in 1993 1994 I performed these steps using DOSBox v 0 74 a program that emulates much of the functionality of an Intel x86 PC U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky running the MS DOS operating system from the 1993 1994 era To avoid any potential Y2K bugs or shareware timing restrictions I set the date on my Windows 7 PC running the DOSBox emulator to November 1 1993 to recreate as much as possible the actual experience of a user attempting to access the Kantor Reference in 1993 16 I did observe however that DOSBox does not preserve the original date time stamp for files unzipped in the DOSBox emulator using PKUNZIP Accordingly the screenshots in the following sections show file modification dates of November 1 1993 the date that I set my system clock for this exercise rather than the original date of August 10 1993 the dates shown on the files when For a description of the DOSBox program see http www dosbox com wiki Main Page EMC 1081 at 1 As the developers of the DOSBox program explain on that webpage It is still quite rudimentary and lacks many of the features found in MS DOS but it is sufficient for installing and running most DOS games So while the performance using DOSBox may not be identical to the experience a user would have had in 1993 running the files contained in the FWKCS122 ZIP file on a vintage
4. the system and software described above I followed these two steps After entering the command GETLOOK as instructed I passed through several different screens each of which prompted me to p ress any key to continue After the third screen the system directory listed 24 files housed within the FWKCS122 ZIP file over the following two screens E DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program DOSBOX shared EXE HOO HOL HOZ H03 Hot HOS REF ZIP 122 BAT BAT BLT BAT 35 11 1993 DOC 162 11 1993 BAT 119 01 11 1993 BAT 01 11 1993 TXT i 1 11 1993 any key to continue 10 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky E DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program DOSBOX L Shared 5 89 01 11 1993 0 BAT BAT BLT 01 11 1993 01 11 1993 01 11 1993 01 11 193 01 11 1993 19 The third column in this directory listed each file s size in bytes and I noticed that the single largest file was entitled FWKCS122 REF and was the only file in this list with a REF extension Although file extensions were not standardized in MS DOS in the 1993 1994 timeframe like they are today the term REF suggested to me that it may be a reference or documentation file as promised in the README TXT file EMC 1079 I accessed this file by entering the command list FWKCS122 REF after having installed Ver
5. AT or various a y lt GET Y FORCEUP ADD_CELR RIVE FWKHI COM LOOKUP DO PRECHECK DOC FWKDG122 BAT DELCSA BAT IGGEST4 BAT TOSUGEST Bi U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky 28 Topic 6 Literature listed several files including FWKCS122 REF the Kantor Reference EMC 1004 When I entered 6 I observed the following screen FRI DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program FWKHI shared Go To see this literature press the corresponding numeric key Literature for use only in CSA subdirectory except as ne also offers the choice of printing the form HISTORY 122 TUP FWK Cif on PATH with FWKCS EXE ble outside N LOOKUP DOC PRECH DOC D go to main Directory Abort quit 29 When I entered 6 again for FWKCS122 REF I was once again returned to the complete text of the Kantor Reference EMC 1004 that I could page through 30 Based upon my inspection of the Kantor Reference EMC 1004 and the files that were included in the FWKCS122 ZIP file contained in my October 1993 Walnut Creek CD ROM EMC 1048 I believe there were a variety of ways that anyone viewing or using the zip file could have accessed the Kantor 18 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky Reference in the 1993 1994 timeframe There were explicit instructions
6. Filed on behalf of EMC Corporation By Peter Dichiara Reg No 38 005 David L Cavanaugh Reg No 36 476 WILMER CUTLER PICKERING HALE AND DORR LLP peter dichiara wilmerhale com david cavanaugh wilmerhale com Tel 202 663 6025 Fax 202 663 6363 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD EMC CORPORATION Petitioner vV Patent Owner of U S Patent No 7 945 544 to Farber et al IPR Case No IPR2013 00084 REPLY DECLARATION OF JASON S SADOFSKY EMC v PersonalWeb IPR2013 00084 EMC 1087 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky I Jason S Sadofsky declare as follows 1 I have been asked by Petitioner to provide this Declaration regarding certain factual issues that are common to four Inter Partes Review proceedings Case Nos IPR2013 00084 00085 00086 and 00087 IPR Proceedings I previously submitted a declaration EMC 1077 in these proceedings 2 The testimony I provide in this Declaration is based on my personal knowledge of the relevant facts I Background 3 I have reviewed the Declaration of Todd M Thompson dated July 19 2013 PersonalWeb 2014 submitted by PersonalWeb Technologies LLC Patent Owner as well as the transcript of Mr Thompson s September 13 2013 deposition EMC 1082 4 I understand that Mr Thompson s testimony in the IPR Proceedings involves certain steps he took in 2013 using a perso
7. ME TXT file EMC 1079 states This zipfile FWKCS122 ZIP contains the FWKCS TM Contents Signature System Version 1 22 including executable assembly_language programs documentation and supporting human_interface programs with additional programs to carry out the installation procedures emphasis added 13 The README TXT file provides clear instructions for installing FWKCS122 software and also provides simple instructions for accessing 250 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky FWKCS122 related literature without ever installing the software using an automatic setup program called GETLOOK Automatic setup programs are available for these procedures INSTALL versatile for new installation can search huge file collection REPLACE for replacing a working FWKCS system version 1 12 or later QIKSTART quick does not search your file collection this provides a convenient way to see system structure prograns and literature GETLOOK only brings out the programs and literature Tor remote Lookup AS 4a BBS user would you like to get the remote Lookup capability to help you find files and avoid duplicate uploads If you do not wish to install the FWKCS system on your own computer at this time you can do these two steps PKUNZIP FWKCS122 ZIP lt enter gt and then GETLOOK lt enter gt EMC 1079 at 1 emphasis added 14 IT understand from Mr Thompson s deposi
8. Reply Declaration of Jason S Sadofsky following start or help screen for FWKCS Contents Signature System Ver 1 22 FH DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program DOSBOX gnature Si 1993 Aug 10 der ick W Kantor 1 3 All righ olely your owm ris AUVEAT OPERATOR specific help options Format FWK r option r before option Redirects s reference material registration support new versions mary re formats and file manipulation ter mary re contents_signature generation etc re Auxiliary function re Sorting Default names path t Errorleve 7 claimer dedication TER FRM 22 A depiction of the contents of this screen can also be found in the Kantor Reference itself See Kantor at 156 EMC 1004 1 noticed on the third line from the header a reference to extensive reference material I accordingly followed the on screen instructions and typed FWKCS on the command line which returned the following familiar screen the cover page of the Kantor Reference EMC 1004 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky E DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program LIST EE Ea LIST 1 0 11 01 93 15 40 FWKCS122 REF FUKCS TM Conten gnature System 1993 August 10 C Copyright Frederick W Kantor 1988 1993 All rights reserved Command gt gt gt Top of file e Keys T PgUp PgDn Fid exit Fi Help
9. nal computer running Windows XP to access file FWKCS122 REF which contains the text of the Frederick W Kantor FWKCS Contents Signature System Version 1 22 user manual the Kantor Reference EMC 1004 which is dated August 10 1993 Ss I understand that Mr Thompson currently works as litigation support staff for Patent Owner s counsel does not have a college degree never obtained or accessed shareware through a Bulletin Board System BBS and attempted to api U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky access the Kantor Reference EMC 1004 using the command line interpreter of the 32 bit Windows XP operating system released in 2001 rather than a 16 bit MS DOS operating system in use during the 1993 or 1994 timeframe See e g Thompson Tr 5 6 13 14 EMC 1082 Thompson Decl 1 6 PersonalWeb 2014 6 As mentioned in my prior testimony in these IPR Proceedings I was a BBS user in the 1980s 1990s I have more than 25 years of experience with obtaining accessing and archiving software shareware and freeware first published and released to the public on BBSs in the 1980s and 1990s and related to this work I directed the film The BBS Documentary initially released in May 2005 See e g Sadofsky Decl 2 5 EMC 1077 As a result I am knowledgeable about the general mechanics of various computer systems programs and file types that were widely available and accessible during
10. non Buerg s LIST as instructed in the README TXT I then saw the following screen displaying the cover page of the Kantor Reference EMC 1004 the entirety of which could be viewed utilizing the PgUp and PgDn functions Ate U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky E DOSBox 0 74 Cpu speed 3000 cycles Frameskip 0 Program LIST LIST 1 o 11 01 93 15 40 FWKCS122 REF EZE a FWKCS TM Contents_Signature Version 1 22 1993 August 10 C Copyright Frederick W Kantor 1988 1993 All rights Command _ x Top of file 2 Keys THe PgUp PgDn Fi0 exit Fi Help 20 It was not difficult to access the Kantor Reference EMC 1004 using the GETLOOK BAT automatic setup program by following the directions in the README TXT file EMC 1079 As noted above all of the recommended utility programs were also distributed on my October 1993 Walnut Creek CD ROM EMC 1048 Apparently Mr Thompson did not follow these instructions for bringing out the product literature for Lookup IV FWKCS122 Start Screen and In Program Help 21 I then exited the screen that displayed the Kantor Reference EMC 1004 to see if there was another way I might be able to view it I saw that there was an executable EXE program in the directory called FWKCS EXE so I ran the program by typing FWKCS on the command line which returned the ai ee U S Patent 7 945 544 IPR2013 00084
11. on how to access the documentation literature that I was able to follow without difficulty I saw no evidence that the author of the Kantor Reference attempted to conceal it in the zip file To the contrary there were instructions on how to retrieve the accompanying product literature using a variety of methods 31 In signing this declaration I recognize that the declaration will be filed as evidence in a contested case before the Patent Trial and Appeal Board of the United States Patent and Trademark Office I also recognize that I may be subject to cross examination in the case and that cross examination will take place within the United States If cross examination is required of me I will appear for cross examination within the United States during the time allotted for cross examination 32 I declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment or both under Section 1001 of Title 18 of the United States Code Executed on September 30 2013 a Jason 8 Sadofsky E New York NY nipe
12. rick W Kantor 1989 1993 All rights reserved Welcome to th c ty place the CSA on_line help Menu Usage Ta ask hy NAME far dir nr EXE program newly installed in CSA e AT type its NAME lt enter gt Literature in CSA ATSNEW 122 ETUP LOOKUP DOC see CSAM above TORY 122 REGISTER PRECHECK DOC 122 REF REGISTER FRM LOOKCREF BLT d copy of FWKCS TM keep a copy of REGISTER FRM EXE e g put C CSA on your PATH gister FUKC nt o FRM and follow its instructio If you have your old FWKCS registration key you may tha remember to add this directory A to your PATH Notes for BBS Operators n created here prior m ple run ADD_G lt ent 16 2 T U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky Since this screen stated that an on _line help Menu could be accessed with the command CSAM I then typed CSAM in the command line and saw the following screen utilities ZIP LUT PCBTEST Protection Remote searching LOOKUP BAT Modifying FWKk ADD_RSN ADD A ost m on_line h com STER DOC ISTER FRM HI BBSTART BAT f Automatic text interpretation go Back to general information For material on a selected topic pre FWKDG the co customized FILE DC BATs AUSPLIT BANAU LISTAU LOOKUP DOC RCROSREF BAT PREC REVERT BB help COM WHATSNEW 1 STORY 122 FWKCTEST BAT FWKCHTST BAT FWKCLEAR B
13. the 1980s and 1990s T I am also knowledgeable about the modern day programs that emulate these antiquated systems As mentioned during my deposition one such program I have known and used during the course of my archival work is DOSBox a widely available emulator that imitates most of the functionality of an MS DOS machine from the 1990s See e g Sadofsky Tr 7 PersonalWeb 2013 U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky Il README TXT 8 Based on Mr Thompson s deposition testimony I understand that while trying to access the Kantor Reference EMC 1004 Mr Thompson did not use any MS DOS emulator despite his being present at my deposition where I mentioned several times that I had used DOSBox to access the Kantor Reference See Thompson Tr 40 42 EMC 1082 Sadofsky Tr 47 49 55 56 PersonalWeb 2013 9 Ialso understand from Mr Thompson s deposition testimony that he reviewed but chose not to follow the brief instructions presented in the README TXT file EMC 1079 see e g Thompson Tr 32 35 EMC 1082 which appears once the FWKCS122 ZIP file containing the Kantor Reference is unzipped 10 A screenshot depicting the contents of the FWKCS122 ZIP file that I obtained from my copy of the Simtel MSDOS Archive October 1993 Edition Walnut Creek CD ROM the October 1993 Walnut Creek CD ROM EMC 1048 is shown below USS Patent 7 945 544 IPR2013 00084 Repl
14. tion and declaration testimony that he reviewed but chose not to follow at least the following preliminary instructions presented in the README TXT file EMC 1079 at 2 until re instructed to do so during the installation process i e the process of executing the INSTALL BAT file e Install Phil Katz s PKUNZIP version 2 04g or later and e Save the PKRUNZIP EXE and FWKSC122 ZIP files in the same directory as INSTALL BAT See e g Thompson Tr 32 35 EMC 1082 Thompson Decl 4 6 PersonalWeb 2014 He also did not install the programs recommended in the README TXT file McAfee s SCAN and Vernon Buerg s LIST EMC 1079 at 2 Based on my sie U S Patent 7 945 544 IPR2013 00084 Reply Declaration of Jason S Sadofsky experience all of these utility programs were common shareware programs that were used by persons who used and downloaded software from BBSs in the 1993 1994 timeframe 15 In the following sections I provide a description of the steps that I took to access the Kantor Reference EMC 1004 after unzipping the FWKCS122 ZIP file reviewing the README TXT file EMC 1079 and following the instructions presented in the README TXT file including but not limited to installing Phil Katz s PKUNZIP and PKZIP version 2 04g or later McAfee s SCAN and Vernon Buerg s LIST I was able to download all of these shareware programs from the same October 1993 Walnut Creek CD ROM where I found the FWKCS122 ZIP file EMC 1048 To
15. y Declaration of Jason S Sadofsky File Edit View Favorites Tools Help b v gt x i Add Extract Test Copy Move Delete Info IP E GALAWVERSFWKCSI22ZIP z Name Size Packed Size Modified Attributes CRC Method HostOS Versi mero 454 298 1993 08 10 01 22 AsCn 173A1EE4 Deflate FAT 2 Orwkcsa22 505941 502663 1993 08 10 01 22 Ase 3CO1342F Deflate FAT 20 rwecs_tma2z 545 521 1993 08 10 01 22 ATsrCO 3536A8B5 Deflate FAT 2 EE GETLOOK BAT 3229 1131 1993 08 10 01 22 ATsrCOE FIQISFCF Deflate FAT 20 SIINSTALLBAT 7586 2243 1993 08 10 01 22 ATsrE B8CEIICD Deflate FAT 20 E aKsTART BAT 8119 2339 1993 08 10 01 22 AsrOn_ 434CD935 Deflate FAT 20 i README TXT 7656 3142 1993 08 10 01 22 ATsrC E430DE21 Deflate FAT 2 REGISTER DOC 6798 2566 1993 08 10 01 22 ATCOnE GAQTEFEB Deflate FAT 20 REGISTER FRM 6476 2231 1993 08 10 01 22 ATsrCOE_ 407B8CFB Deflate FAT 20 GIREPLACE BAT 8591 2577 1993 08 10 01 22 ATSCOE_ FOOASTFE Deflate FAT 20 OWHATSNEW TXT 5804 2425 1993 08 10 01 22 ATsr 462B1ECS Deflate FAT 20 0 object s selected 11 This screenshot matches the content of the screenshot at paragraph 5 of the Thompson Declaration PersonalWeb 2014 Note that all 11 files contained within the FWKCS122 ZIP file are dated August 10 1993 The README TXT file is the seventh file in the directory A true and correct printout of the contents of the README TXT file is attached as EMC Exhibit 1079 12 Page 1 of the READ
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