Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 12 David H. Williams, in his declaration in support of the Petition, to the extent I propose the phrase “mobile communication and context awareness” as opposed to “mobile communication and/or context awareness.” However, I understand that, at his deposition, Mr. Williams agreed with this change and that a POSA must have 2-5 years academic or industry experience in mobile communications and context awareness. (See Ex. 2013 at 126:8-130:11.) 23. This difference is important because “mobile communication” is a very broad term covering a variety of technologies, many of which are very mature, and “context awareness” is a much narrower concept and one of recent vintage. As a result, in many cases “mobile communication” experience is not relevant to the specialized field of context awareness, while experience in areas closely related to context awareness may be highly relevant. 24. As an example, it is undeniable that the design of RF transceivers is a crucial aspect of mobile communications and is at the heart of what we would call “cell phone” technology. However, experience in transceiver design does not fully inform the kind of understanding needed by a POSA in the field of the invention of the subject patents. As another example, although GPS is a key enabling technology for some aspects of “context,” a POSA would only know how to use GPS as a black box sensor and detailed experience concerning the internal functioning of the GPS device would not be useful. Thus, expertise and experience e.Digital Corporation Exhibit 2015 - Page 14 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 13 in GPS, although apparently relevant at first blush, is not particularly applicable to the issue of “context awareness.” 25. Conversely, the idea of “context awareness” is new and fairly narrow. The idea did not simply appear out of a vacuum, but rather is an outgrowth of (or really just a part of) mobile and/or ubiquitous computing. Experience in those areas or in the closely related area of mobile networking or in the larger parent areas of computer networking and distributed systems would be highly relevant. 26. As a final point concerning what kinds of experience is required, general or peripheral experience in the area of mobile communications and context awareness, e.g., in a marketing or planning role is not sufficient. A POSA’s experience would need to be in actually designing, implementing, and testing (and not merely assembling) systems of the sort described in the patent. I would further expect that, given the inventions likely embodiment in software that that strong programming experience would be highly relevant. VI. Context Does Not Equal Presence 27. Context is not simply “presence” as articulated by Mr. Williams in his Declaration. Williams equates “presence detection” with “context awareness,” without evidentiary support. (See Ex. GOOG 1003 at ¶¶ 33 and 97.) Williams explained in his deposition that the correlation of presence detection with context awareness was a determination he came up with on his own. (See Ex. 2013 at e.Digital Corporation Exhibit 2015 - Page 15 Case Nos. IPR2015-01470, -01471, -01472, -01473, -01474 and -01475 14 91:1-11 (“I equated them by equating them.”), 189:16-190:1 (“That is my opinion.”).) 28. I disagree with Mr. Williams. A POSA would understand that teachings related to presence detection are more about the location of the user or mobile computing device and less about their surroundings. Even Petitioners’ references make clear that context is more than just presence. In “The importance of ‘context in mobile devices’” by Gellersen (GOOG 1009, Abstract, p. 1), context is expressed in much greater detail as the reference to the physical world that surrounds a mobile device. Specifically, Gellerson states that “[c]ontext is what surrounds, and in mobile and ubiquitous computing the term is primarily used in reference to the physical world that surrounds the use of a mobile device.” (Ex. GOOG 1009 at p. 2 (emphasis added).) 29. Similarly, Anind Dey and Gregory Abowd in their paper, “Towards a Better Understanding of Context and Context-Awareness,” define context as “any information that can be used to characterize the situation of an entity. An entity is a person, place, or object that is considered relevant to the interaction between a user and an application, including the user and applications themselves.” (Ex. 2019 at 3-4 (emphasis added).) They describe context in terms of “the situation” of an entity. 30. One skilled in the art would therefore understand that presence, e.Digital Corporation Exhibit 2015 - Page
