Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 265

Responsive CLAIM CONSTRUCTION BRIEF filed by FileMaker, Inc., Pervasive Software, Inc., Symantec Corp.. (Attachments: # 1 Exhibit 1 - '216 patent, # 2 Exhibit 2 - PTO Amendment, # 3 Exhibit 3 - Reply to PTO, # 4 Exhibit 4 - Response to PTO, # 5 Exhibit 5 - PTO Notice of Reexam, # 6 Exhibit 6 - PTO Dec of Pooch, # 7 Exhibit 7 - PTO Interview Summary, # 8 Exhibit 8 - PTO Dec of Rosenblatt)(Jones, Michael)

DEFENDANTS’ RESPONSIVE BRIEF ON
CLAIM CONSTRUCTION

EXHIBIT 6

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
In re reexam of: U.S. Patent 5,490,216 to

Confirmation No.: 2214

RICHARDSON, III

Art Unit: 3992

Reexam Control No.: 901010,831

Examiner: HENEGHAN, Matthew E.

Filed: January 22, 2010

Atty. Docket: 2914.001REXO

For: System for Software Registration
Declaration of Dr. Udo W. Pooch 37 C.F.R. § 1.132
Mail Stop Ex Parte Reexam
Commissioner for Patents
PO Box 1450
Alexandria, VA 22313-1450
Sir:
I, Dr. Udo W. Pooch, declare as follows:

Retention
1.

I have been retained as a technical expert witness on behalf of Uniloc

USA, Inc. and Uniloc Singapore Private Limited (collectively "Uniloc") for the abovecaptioned reexamination.

I understand that this reexamination involves U.S. Patent No.

5,490,216 ("the '216 patent") which resulted from Application No. 08/124,718, filed on
September 21, 1993 on behalf of Frederic B. Richardson, III. I further understand that the
'216 patent is currently assigned to Uniloc Singapore Private Limited.
Introduction
2.

I understand that claims 1-20 of the '216 patent are subject to

reexaminati on.

3.

I have reviewed and am familiar with the Office action dated January 18,

2011 ("the Second Action") issued by the U.S. Patent and Trademark Office ("USPTO") for
the '216 patent.

Atty. Dkt. No. 2914.001REXO

UNI075642

-9-

35.

RICHARDSON, III
Reexam of Pat. No. 5,490,216
Reexam Control No.: 90/010,831

Grundy thus describes several conventional uses for simplistic checksums,

which I describe in more detail next.
36.

A checksum is a value that (a) is computed by a function that is dependent

on the contents of a data object and (b) is stored or transmitted together with the object, for
the purpose of detecting changes in the data. A checksum algorithm is a signature algorithm
that does not attempt to provide cryptographic protection against inversion.

The term

"checksum" originally referred to checking algorithms that summed the bytes, but is now
generally used to refer to any non-cryptographic checking algorithm. I
37.

This is consistent with a contemporaneous definition of "checksum" from

the time the application leading to the '216 patent was filed, which defines a "checksum" as:

a calculated value that is used to test data integrity. Errors can occur when
data is transmitted or when it is written to disk. One means of detecting such
errors is use of a checksum, a value calculated for a given chunk of data by
sequentially combining all the bytes of data with a series of arithmetic or
logical operations. After the data is transmitted or stored, a new checksum can
be calculated (using the possibly faulty transmitted or stored data) and
compared with the original one. If the checksums don't match, an error
occurred, and the data should be transmitted or stored again; if they do match,
the transmission or storage was probably error-free. Checksums are a simple
validation mechanism, and they cannot be used to correct erroneous data. 2
38.

Grundy's use of checksums is consistent with their conventional use

III

data entry error checking and identifying possible transmission errors.

I Computer Dictionary, The Comprehensive Standard for Business, School, Library,
and Home, Microsoft Press (1991) (Exhibit P-2).

2 See also Bauspiess and Damm, Requirements for Cryptographic Hash Functions, ,
Computers & Security, 427-437, Vol. 11 (1992) (Exhibit P-3), and Paul Fahn, Answers to
Frequently Asked Questions About Today's Cryptography, RSA Laboratories, (Sept. 1992)
(Exhibit P-4).

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RICHARDSON, III
Reexam of Pat. No. 5,490,216
Reexam Control No.: 90/010,831

I hereby 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, and that such willful false statements may jeopardize the validity of the '216
patent.

Executed this 17th day of March 2011 in College Station, Texas.

Dr. Udo W. Pooch

Atty. Dkt. No. 2914.001 REXO

UNI075654