EXHIBIT J

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 1 of 34 PageID #: 341
DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Seth W. Wiener, CSBN No. 203747

LAW OFFICES OF SETH W. WIENER 

609 Karina Court 

San Ramon, CA 94582 

Telephone: (925) 487-5607 

Facsimile (925) 828-8648 

Email: seth@sethwienerlaw.com 

Attorneys for Plaintiff 

PUSH DATA LLC 

UNITED STATES DISTRICT COURT 

FOR THE CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION 

PUSH DATA LLC,

Plaintiff, 

v. 

GUCCI AMERICA, INC., an American 

company; and GUCCIO GUCCI, S.P.A, 

an Italian company, 

Defendant.

Case No.:

DECLARATION OF 

ERIC MORGAN DOWLING IN 

SUPPORT OF COMPLAINT 

 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 2 of 34 PageID #: 342
1

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

I, Eric Dowling, declare as follows: 

I. BACKGROUND INFORMATION

1. My name is Eric Morgan Dowling. I reside at Ave 30, Calle 154, 

Cond. Cartagena Real #4, Escazu, San Jose, Costa Rica.

2. This declaration is based on my own personal knowledge. 

3. I am one of the named inventors of U.S. Patent Nos. 6,983,139 (the 

“’139 patent”), 7,058,395 (the “’395 patent”), 7,212,811 (the “’811 patent”), and 

7,292,844 (the “’844 patent”) collectively, the “patents in suit”).

4. I, Eric Morgan Dowling, along with Duncan Leo MacFarlane and 

Mark Nicholas Anastasi are the inventors of the patents in suit (collectively, the 

“Inventors”).

5. I am also one of the named inventors of U.S. Patent No. 6,574,239 

(the “’239 patent”) incorporated by reference into each of the patents in suit. The 

other inventor of the ’239 patent is Mark Nicholas Anastasi.

6. Each of the patents in suit incorporates by reference the specification 

of then co-pending application 09/167,698, filed October 7, 1998, which issued as 

the ’239 patent. 

7. Each of the patents in suit has the same figures and the same 

substantive written description, although column and line number citations may 

differ slightly due to the U.S. Patent and Trademark Office’s clerical data. Hence 

in this Declaration I will focus on discussing the ’395 patent.

8. On information and belief, Push Data LLC (“Push Data” or 

“Plaintiff”) is the assignee and owner of the right, title and interest in and to the 

patents in suit, including the right to assert all causes of action arising under said 

patents and the right to any remedies for their infringement.

9. I understand Push Data intends to file a Complaint for infringement of 

the patents in suit against Gucci America, Inc. and Guccio Gucci, S.p.A. 

(collectively “Gucci” or “Defendants”).

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 3 of 34 PageID #: 343
2

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

10. I make this declaration in support of Push Data’s Complaint against 

Gucci in the above-captioned action. 

II. QUALIFICATIONS AND EXPERIENCE

11. I hold three degrees from the University of Florida: (1) a Bachelor of 

Science degree in Electrical Engineering earned in 1984; and (2) a Master of 

Science degree in Electrical Engineering earned in 1986; and (3) a Doctor of 

Philosophy (Ph.D.) in Electrical Engineering earned in 1989. 

12. From 2011–2018, I acted as President of Texas Trellis Phase, LLC, 

and general partner of Trellis Phase Communications, LP. As such, I was 

responsible for leading a research and development company developing next 

generation physical layer communication technologies for DSL, Cable Modems, 

WiFi, Bluetooth, Digital CATV Transmission, Terrestrial HDTV Transmission, 

and Cellular Communications.

13. Since 1995, I have acted as a Consultant in patent-related projects, 

providing consulting services related to, for example, patent infringement, 

noninfringement, and validity analysis, product/standards research, and litigation 

and cross licensing support. A partial list of these past clients include: Microsoft, 

AT&T, Tellular, Telesys, Harris Corp, Hughes, Thompson, GE, Raytheon, 

Paradyne, Samsung, J2 Communications, LSI Logic, ARC International, 

Enterprise Partners, Solar Products, EKMS, BTG, VSI, Core Enterprises, Baker 

and Botts; McKool Smith; Adduci, Manstriani and Schamuberg; Knobbe Martens 

Olson & Bear; Fulbright and Jarwoski; Merchant and Gould; Weil Gotshal, and 

Manges; Lerner and Greenberg; Klarquist Sparkman; Workman Nydegger; 

Gazdzinski and Associates; Kaplan & Gilman; Hamman and Benn; Marshal, 

Denehey, Warner, Coleman & Goggin; Carstens, Yee & Cahoon, others not 

disclosed due to NDAs.

14. From 1989 to 2001, I was employed as a professor at the University of 

Texas, Dallas. First, from 1989-1995, I served as an Assistant Professor of 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 4 of 34 PageID #: 344
3

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Electrical Engineering. Then, from 1995-2001, I served as an Associated 

Professor of Electrical Engineering, with tenure. 

15. In addition, from 1985-2001, I acted as a Consultant in electrical 

engineering projects, focusing on design. For example, some clients during these 

years include: DGI Technologies Inc, focusing on DSP Microprocessor based Real 

Time T1 Network Echo Canceller; Micron Technology Inc., wherein I consulted 

on the design of processors and embedded DRAM systems; Pinpoint 

communications Inc., focusing on radio direction finding for RF identification; 

DTex Inc., focusing on design of algorithms, DSP processing board, and 

DSP56L811 DSP software to implement an advanced ultra-sensitive metal 

detector; Raytheon / E-Systems, focusing on design of Digital Signal Processing 

Software for a Military Mobile Telecommunications Switch; INET Corp., focusing 

on Design of Equalizers for T-Carrier Wireline Transmission Systems; US Naval 

Undersea Warfare Center, focusing on Adaptive Sonar Signal Processing 

Software; Ultimate Technologies Inc., focusing on Research and Design of Active 

Noise Control Systems; Alcatel Network Systems, focusing on Microprocessor 

Systems Design - On Site Training; Nortel, focusing on Digital Signal Processing 

- On Site Training; University of Texas Southwestern Medical Center, focusing on 

design of algorithms for Biomedical Signal Processing, Electrospace Systems Inc., 

focusing on design of DSP algorithms for noise cancellation; and Athena Group, 

Inc., focusing on NSF SBIR Contracting and DSP Software.

III. MATERIALS CONSIDERED

16. I have considered the materials listed in this declaration as well as the 

’139 patent, the ’395 patent, the ’811 patent, and the ’844 patent, the incorporatedherein-by-reference patent application that issued as the ’239 patent, and their 

prosecution histories, as well as related patents.

17. I am being compensated at my regular and established rate of $250 

per hour. My compensation is not dependent on the outcome of this proceeding. 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 5 of 34 PageID #: 345
4

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

IV. TECHNOLOGICAL PROBLEMS SOLVED BY THE PATENTS 

A. The Invention

18. The patents in suit resulted from the pioneering efforts of the 

Inventors in the areas of wireless Internet services, wireless push notifications, 

geo-location based services, targeted data dissemination to wireless mobile units, 

and quickly-resumed wireless communication sessions. 

19. These efforts resulted in the development of geographical web 

browser, methods, apparatus, and systems. 

20. While the existing technologies provided valuable benefits, no 

technology existed to provide local broadcast information to automatically control 

a network application, such as a web browser or other applications, by selectively 

filtering broadcast information using a packet filter. Instead, the technology at the 

time required a user to select an icon or manually navigate to information specific 

to a local area. 

21. The Inventors set out to cure these deficiencies, providing an overall 

benefit to a user. Specifically, the patents in suit were conceived to provide a user 

with the capability to receive information based on that user’s position. 

22. When developing the invention, the Inventors noted that typically, 

systems relied on the use of “cell data” for positional purposes. This cell data only 

provided a coarse idea of a user’s position. 

23. As such, the Inventors contemplated the benefits of using, for 

example, locally pushed wireless packets, e.g., local broadcast domain packets, or 

GPS location data, providing a much more defined set of data that presents more 

opportunities for individualized transmissions. In addition, the Inventors set out to 

allow the data used in these systems to be updated based on unsolicited pushed 

information packets which could trigger, for example, downloading of related 

information from the Internet. 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 6 of 34 PageID #: 346
5

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

24. The Inventors solved these and other problems by providing systems 

and methods to enable a mobile unit to maintain a first network connection with a 

central server and to control information flow on this connection using information 

received on an auxiliary channel. 

25. For example, such systems and methods include receiving one or 

more preferences from a user, receiving at least an approximate geographical 

location of a particular user’s mobile device or unit, identifying an information 

item that aligns with both the users one or more preferences and is associated with 

the location of the user’s device or unit, and causing information related to the 

identified information item to be wirelessly transmitted, via a push message, to the 

user’s device without the need to maintain an active user-interactive client-server 

application layer at all times. 

26. Figure 1 of the ’395 patent shows an exemplary overview of the 

invention of the asserted patents. In this example, mobile unit 105 is connected to 

both a first network connection 112, e.g., a cellular data network, and a second 

network connection 113, e.g., a WiFi type network coupled through the Internet. 

The ’395 patent describes that a local broadcast domain entity is, for example, a 

low power wireless local area network that can be connected to the cellular system 

or directly to the Internet 113, like a modern-day WiFi access point. 

27. The exemplary mobile unit also includes a GPS receiver in 

communication with at least one GPS satellite 155. The ’395 patent teaches that 

the exemplary mobile unit 105 shown in Figure 1 need not be vehicle mounted but 

can be implemented as a handheld unit. That is, the architecture of Figure 1 is 

what has now been ubiquitously adopted in modern wireless systems via 

smartphone and tablet technologies. 

28. As stated above, each of the patents in suit incorporates by reference 

then co-pending application 09/167,698, which issued as the ’239 patent. 

Accordingly, certain concepts of the 09/167,698 application are specifically 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 7 of 34 PageID #: 347
6

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

disclosed to be used in combination with the inventions of the ’139 patent, the ’395 

patent, the ’811 patent, and the ’844 patent. Many of the claimed inventions in the 

patents in suit are bolstered by the incorporated-by-reference material. 

29. For instance, certain exemplary disclosures in the patents in suit 

describe blocks that refer to the incorporated-by-reference disclosure of the ’239 

patent. The ’239 patent explains that the mobile unit 105 corresponds to the 

remote unit 100 of Figure 1 and Figure 2 of the ’239 patent disclosure. 

30. Embodiments involving virtual sessions with suspend/resume 

capabilities and push-specific aspects rely on the incorporated-by-reference copending patent application that eventually was patented as the ’239 patent. These 

include an application identifying field, virtual sessions, and certain aspects of the 

outbound push services. 

31. Certain inventive concepts developed by the Inventors involved 

technologies that could allow wireless push messages to be sent to one of a 

plurality of installed application programs (“Apps”) loaded into a user’s mobile 

device like a smartphone or a tablet computer. 

32. Push messages would preferably be sent over virtual sessions which 

had stored session parameters, such as what is now implemented in modern day 

TLS (Transport Layer Security) sessions right below the application layer. 

33. An application-specific identifier would allow the push message to be 

routed to a specific corresponding client-side App. The mobile unit would be 

constructed with two wireless air interfaces, one to a data service supplied by a 

cellular communications network, and another to a local broadcast domain entity 

such as a WiFi access point. At different times wireless push messages could be 

received via one or the other of these air interfaces. 

34. Certain inventive concepts involved pushing a message to an App 

loaded into the mobile unit 105 (as disclosed in the ’395 patent). In response to the 

push message, a corresponding virtual session, such as a TLS session, can be 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 8 of 34 PageID #: 348
7

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

reactivated between an App and the application server. Depending on the claimed 

embodiment, this TLS session reactivation can be done automatically or in 

response to making a user selection of a graphical user interface object that is made 

available to the user by the mobile unit 105 in response to the received push 

message. 

35. The Inventors contemplated that the pushed information could include 

application content or could instead include an address or reference to server-side 

content. This provided a way to send a push notification with address related 

information in it, so that the App receiving the push notification could later request 

further content to be downloaded from the application server using the address 

information supplied in the push notification message. 

36. The patents in suit, among other things, also teach the concept of 

sending a push notification to a corresponding App that could then automatically 

download further content related to the push notification from the application 

server, without the need for the address to be specifically embedded into the push 

notification. This allows Apps to automatically perform client-server sync 

operations in response to a push notification message. In modern day systems, this 

corresponds, for example, to the Android data message type of push notification 

message. 

37. The Inventors specifically contemplated embodiments that involve 

using both the cellular and the WiFi connections at different times to support the 

same wireless push service. For example, the initial configuration part can be 

performed using the cellular air interface. Later, the actual push can come in over 

the WiFi air interface. The mobile unit can roam back and forth between the 

cellular-data and WiFi air interfaces at will and the push service can still operate. 

Automated processing such as background application refresh operations can be 

performed in response to the push message. 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 9 of 34 PageID #: 349
8

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

38. The Inventors conceived that it would be advantageous to send a push 

message having an application identifying field, so that the user’s handset could 

determine to which one of a plurality of installed applications the push message 

should be directed. 

39. As disclosed in the ’395 patent, for example at Figures 3-5b and the 

related written descriptions, among other places, the push message can optionally 

cause a user-selectable user interface object to be made available to the user. Upon 

user selection, the further content can be downloaded either from address-related 

information supplied in the push message or by triggering a client-server sync type 

operation. The data content of the push message can be used to automatically 

determine what actions to take at the mobile unit 105. 

40. While developing their invention, the Inventors contemplated that 

user interest information would also be advantageously used with mobile wireless 

push services. For example, an application server can receive from some 

unspecified source information about the user’s interests. In some embodiments 

the user can identify the categories of interest directly through the client-side 

application to the server-side application. In this example or others, the wireless 

push notification can then be sent to the corresponding user’s mobile unit 

conditioned on the user’s interests, as indicated by data structures maintained at the 

application server or coupled to the application server. 

41. The Inventors also developed methods for geo-location sensitive push 

notifications. The Inventors conceived that the GPS function could be built into 

the handset, and also that the handset could have a local broadcast domain 

connection, such as to a WiFi access point. Depending on the embodiment, the 

user’s mobile unit’s location can be ascertained from the GPS information sent 

from the mobile unit, or it can be ascertained from stored information that 

correlates the WiFi access point to a geo-location where the WiFi access point is 

physically located. For example, a given restaurant or store location can be 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 10 of 34 PageID #: 350
9

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

recognized by a user device connecting through that location’s public WiFi 

channel. Efficient location-based wireless push services can use user-interest 

information plus the current location of the mobile unit to decide what kinds of 

push content the user would most likely be interested receiving at a particular 

moment. This provides geographical web browser-like functionality using push 

services and different types of Apps. 

42. The Inventors also contemplated that certain applications might use a 

wireless client-server communications link to perform geographical web browser 

type operations. In this case the client informs the server of, for example, a user 

interest. The user interest can then act like a search request. As the mobile unit 

moves around, its GPS coordinates are periodically uploaded, or the physical 

locations of the access point to which the mobile unit is connected can be 

ascertained. If the mobile unit comes within the geographical vicinity of a point of 

presence that meets the user interest request, the wireless client-server session can 

be resumed from an inactive state to an active state and the server response can be 

sent to the mobile unit over this wireless client-server connection, which may be a 

virtual session that is resumed from an inactive state to an active state. 

43. For example, if a user sets his or her interest to hotels and drives 

around, graphical user interface would automatically update and show the nearby 

hotels. This embodiment that can be used in certain location-based type clientserver Apps. 

B. Exemplary Improvements Recited in Specific Claims 

44. The inventions of the patents in suit resolve technical problems related 

to client-server computing architecture. The claims of the patents in suit do not 

merely recite the performance of some business practice known from the preInternet world along with the requirement to perform it on the Internet. Instead, 

the claims of the patents in suit recite one or more inventive concepts that are 

rooted in computerized client-server computing communication technology and 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 11 of 34 PageID #: 351
10

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

overcome problems specifically arising in the realm of computerized client-server 

computing architecture technologies. 

45. The claims of the patents in suit recite an invention that is not merely 

the routine or conventional use of computers. Instead, the invention makes use of 

specific client-server computer architecture functionalities. The claims of the 

patents in suit thus specify how computing devices and remote servers are 

manipulated to yield a desired result. 

46. Specific claims in the different patents in suit recite different specific 

client-server functionalities. For example, the asserted ’844 patent claims recite 

inventions that send a push message to an App on a remote unit that uses an 

application-program-identifying field to identify the target App. The push message 

carries address information from which the App can download further information 

over a resumed virtual session between the App and its respective server. In other 

of the ’844 claims, different specific mobile-wireless network configurations are 

recited and specific client-server functionalities are recited where the client sends a 

request to a server, the server then sends a response that indicates the availability 

of new data for the App at the server, in response to this notification, the App then 

sends another request to pull the content from the server, and the server thus 

responds to the request and allows the client side App to synchronize with the 

server. All asserted claims of all asserted patents contain different recitations of 

specific wireless network configurations and different specific client-server 

functionalities needed to achieve the specific technological result of each asserted 

claim.

47. In the paragraphs below, the asserted patent claims will be described 

in some level of detail and specific information will be provided to explain why 

these claimed inventions correspond to novel and non-obvious improvements to 

computer functionality, specifically in the technological area of client-server 

mobile computing systems. This technological area is understood to mean 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 12 of 34 PageID #: 352
11

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

smartphones, tablets, laptops with WiFi, and the different server-side application 

servers with which they interact. In many cases there will be a smartphone or a 

tablet that has a number of different application programs (Apps) installed, and 

each installed App will be in communication with a respective application server 

that services the respective particular installed App on the mobile unite such as a 

smartphone or tablet.

48. In the discussions below, it should be noted that the features began to 

emerge well before the time of the expiration of the patents in the late 2018 time 

frame and beyond. The bulk of the features described in the paragraphs below 

began to become into common use by 2014. For example, push technologies 

provided by Mozilla Firefox came out in 2013, with improved push notifications 

updated by December of 2013. These technologies are what have evolved into 

modern Android push technologies. Hence it is to be understood that the push 

technologies and other technologies used in Android were largely available by 

2014 or 2015 at the latest.

49. The paragraphs below each discuss a particular corresponding 

asserted patent claim. The claims come from different patents and have different 

claim numbers. The paragraphs below are ordered in accordance with the subject 

matter of the claims, not in accordance with claim number or patent number. The 

logic behind the ordering will become clear upon reading the paragraphs in 

sequence. 

50. Claim 1 of the ’844 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 1 of the ‘844 patent 

recites that “the particular mobile unit is configured to execute a plurality of 

application programs and to wirelessly receive an incoming communication from a 

particular one of the network servers of the one or more network servers, read an 

application-program identifying field contained within the incoming 

communication to identify a particular application program resident on the 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 13 of 34 PageID #: 353
12

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

particular mobile unit to which at least a portion of the incoming communication is 

to be directed.” The ’844 Claim 1 also recites: “causing the incoming 

communication to be wirelessly transmitted to the particular mobile unit, wherein 

the incoming communication includes the application program identifying field 

that identifies the particular application program and contains an address indicating 

from where further content is available to be downloaded.” The ’844 Claim 1 also 

recites: “wherein the incoming communication acts as a notification to allow the 

particular mobile unit to download the further content by transmitting the clientrequest packet and receiving the further content located at the address contained in 

the incoming communication.” Other aspects of the claim language relate to a 

virtual communication session that is used as opposed to a standard client-server 

communication session. Taken as a whole, Claim 1 of the ’844 patent provides an 

improved computer functionality that allows mobile internet client server systems 

to operate more efficiently, and to be more practical and useful. This enables 

improved and more efficient push protocols for systems where the mobile unit 

houses multiple different Apps. A specific push message (“incoming 

communication”) is sent to a specific application that resides on the particular 

mobile unit. An application program identifying field is included in the push 

message to enable this functionality. The push message also contains an address 

that enables the target application to download further information that is ready for 

the application to download from the server. This type of functionality was novel 

and non-obvious at the time the invention was made in 1998, but by 2014, these 

inventive concepts have been widely adopted for use in modern push based mobile 

client-server communication systems involving push notifications being sent from 

servers to Apps installed in the mobile unit.

51. Claim 4 of the ’395 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 4 of the ’395 patent 

recites that: “the particular mobile unit is configured to wirelessly receive pushed 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 14 of 34 PageID #: 354
13

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

information, read an application-program identifying field contained within the 

pushed information to identify a particular application program resident on the 

particular mobile unit, and to present to the user via the graphical user interface a 

selectable indication, such that when the selectable indication is selected by a user 

selection, further content related to the particular application program will be 

downloaded to the particular mobile unit.” Claim 4 of the ’395 patent also recites 

the server: “causing a communication push message to be wirelessly transmitted to 

the particular mobile unit, wherein the communication push message includes the 

application-program identifying field that identifies the particular application 

program and contains information related to the further content available for 

downloading in response to the user selection;” “receiving a client-request packet 

wirelessly coupled from the particular mobile unit in response to the user selection, 

the client-request packet indicating a request to download the further content;” 

“wherein the communication push message acts as a notification to allow the user 

to selectively download the further content only if the user is interested in 

receiving the further content.” Other aspects of Claim 4 of the ’395 patent explain 

that the push message is not sent as an immediate response to a client-request 

packet, and that the server sends the requested information. The claim language of 

Claim 4 of the ’395 patent provides a specific improvement in computer operation 

and functionality in client-server mobile communication systems. The push 

message has the application-program identifying field to identify a specific target 

application on the particular mobile unit. The push message also contains 

information related to further information available on the server ready to be 

downloaded into the specific target application program. The claimed invention of 

Claim 4 of the ’395 patent also allows to the further information to be downloaded 

in response to a user selection. This type of push-assisted client-server system 

functionality was novel and has been adopted in modern push based mobile 

systems. It represents a specific advancement in computer functionality that has 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 15 of 34 PageID #: 355
14

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

made push based mobile client-server communications ubiquitous and popular in 

today’s modern systems. In modern Android systems, this user-selection 

functionality is partially implemented using the ubiquitous “notifications panel.” 

When the push comes into the App, the push becomes visible in the notifications 

panel. If the user is interested in interacting with the pushed content, the user can 

select the push notification message in the notification panel and cause the App to 

be opened in such a way that the downloaded information becomes accessible. 

This inventive concept represented an important advancement in modern mobile 

handheld systems that was not a known computer functionality or computer 

operation until after the invention was made in late 1998. 

52. Claim 5 of the ’811 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 5 of the ’811 patent 

recites that: “the particular mobile unit is configured to wirelessly receive an 

incoming communication from a remote application server of the one or more 

network servers, read an application-program identifying field contained within the 

incoming communication to identify a particular application program resident on 

the particular mobile unit, and to present to the user via the graphical user interface 

a selectable indication, such that when the selectable indication is selected by a 

user selection, further content related to the particular application program will be 

downloaded to the particular mobile unit.” Claim 5 of the ’811 patent also recites 

the server: “causing the incoming communication to be wirelessly transmitted to 

the particular mobile unit, wherein the incoming communication includes the 

application-program identifying field that identifies the particular application 

program and contains information related to the further content available for 

downloading in response to the user selection,” “the incoming communication is 

coupled at least partially via a virtual communication session implemented at one 

or more layers below the application layer” “receiving a client-request packet 

wirelessly coupled from the particular mobile unit in response to the user selection, 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 16 of 34 PageID #: 356
15

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

the client-request packet indicating a request to download the further content;” 

“wherein the incoming communication acts as a notification to allow the user to 

selectively download the further content only if the user is interested in receiving 

the further content.” The claim language of Claim 5 of the ’811 patent provides a 

specific improvement in computer functionality in client-server mobile 

communication systems. The push message has the application-program 

identifying field to identify a specific target application on the particular mobile 

unit. The push message also contains information related to further information 

available on the server ready to be downloaded into the specific target application 

program. This particular version of the claimed invention also allows to the further 

information to be downloaded in response to a user selection. Also, Claim 5 of the 

’811 patent more specifically defines the virtual session used to support this type of 

push-assisted mobile client-server communications. In modern day Android based 

servers and mobile handsets, transport layer security (TLS) is built into the 

communication protocol to make such transactions secure and practical for mobile 

use. This overall claimed type of push-assisted client-server system functionality 

was novel at the time of the invention and has since been adopted for use in many 

modern push based mobile systems. The ability to send a push addressed directly 

to the App, over a virtual session (like TLS), and to identify further content to be 

downloaded upon user selection is now a basic part of mobile operating systems 

like Android. This ability is used by applications companies that provide server 

side applications and client side Apps. This represents a specific advancement in 

computer functionality that has made push based mobile client-server 

communications ubiquitous and popular in today’s modern systems. Without the 

recited functionality, many modern push-based applications would not be able to 

function. In modern Android systems, this user-selection functionality is partially 

implemented using the ubiquitous “notifications panel.”

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 17 of 34 PageID #: 357
16

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

53. Claim 25 of the ’844 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 25 of the ’844 

patent recites: “A method for use in a system comprising a wireless handheld 

device that includes first and second transceivers configured to be selectively 

wirelessly coupled to a first wireless packet network access station provided by a 

base station of a cellular communications network and a second wireless packet 

network access station that uses a low-power wireless local area network air 

interface whose coverage area is substantially smaller than a coverage area 

provided by the first wireless packet network access station.” Note that this 

architecture of the wireless handheld that has both a cellular air interface and a 

wireless local area network air interface (e.g., WiFi) is now in ubiquitous use. As 

specifically recited in Claim 25 of the ’844 patent, at the time of the invention, in 

1998, it was not yet known to have mobile application programs installed on the 

handset that performed synchronization operations with a remote server-side 

application program while the wireless handheld device moved around and 

switched back and forth between both air interfaces in a seamless manner. Claim 

25 of the ’844 patent also recites: “a method comprising:” “the remote server 

system receiving a first request coupled thereto from the wireless handheld device 

via the first wireless packet network access station;” “the remote server system 

transmitting a server response to the wireless handheld device, the server response 

including an indication of availability of content related to the first request;” “the 

remote server system receiving a second request coupled thereto from the wireless 

handheld device, wherein the second request is automatically generated by the 

wireless handheld device in response to the server response, without requiring user 

action, and the second request is coupled via the second wireless packet network 

access station; and” “the remote server coupling the available content related to the 

first request to the wireless handheld device, via the second wireless packet access 

station.” This method has become ubiquitous and has led to well-known improved 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 18 of 34 PageID #: 358
17

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

computer operation and functionality known as “application-autosynchronization,” and “background application refresh.” In Android based 

systems, this functionality is implemented using “Android data messages.” This 

method provides a mechanism of enhanced computer functionality that is the basis 

for enhanced and efficient protocols that are now in common use but were not 

known at the time of the invention, in 1998. The main novel inventive idea can be 

summarized as having the application on the wireless handheld unit send 

information to the remote server system that causes a data channel (e.g., a push 

data channel) to be configured related to a “first request” that corresponds to a 

specific type of information application channel. Once this logical channel is 

established, when the server has new information for the specific application 

program in the wireless handheld unit, the server sends a server response message 

(e.g., a push message in Android data message format) to the wireless handheld 

unit. In response to this push-data message, the wireless handheld unit 

automatically sends a second request (response message to the push-data message). 

No user action is needed for the second request message to be sent from the 

wireless handheld unit in response to the push-data message. Once this 

automatically generated second request message is received at the server, the 

server sends the new available content to the application program operating on the 

wireless handset. This claim language represents a very specific improvement in 

computer functionality that is the basis for application-synchronization,” and 

“background application refresh.” This method also sets up the basic construct for 

“Android data messages.” This method is the basis for improved, more efficient 

mobile communications network protocols that are used billions of times per day 

all over the world. In claim 25 of the ’844 patent, the first request is coupled over 

the cellular network while the second request is coupled over the WiFi network. 

Hence Claim 25 of the ’844 patent additionally recites an additional novel 

inventive concept whereby a single application program that resides on a single 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 19 of 34 PageID #: 359
18

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

wireless handheld unit seamlessly roams between the cellular and WiFi networks 

while implementing the above-mentioned novel and improved computer 

functionality. These inventive concepts are now in modern common practice. Yet 

at the time of the invention, back in late 1998, seamless roaming between cellular 

and WiFi networks while executing background application refresh and clientserver application data synchronization type operations using the recited efficient 

protocol was completely novel and not yet in practice.

54. Claim 32 of the ’844 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 32 of the ’844 is 

similar to Claim 25 of the ’844 patent, but does not specifically recite the concept 

of seamless roaming between the cellular network and the WiFi type network. 

Either or both types of networks can be used to satisfy Claim 32. Claim 32 of the 

’844 patent recites: “the method comprising:” “the particular server receiving a 

first request coupled thereto from the particular mobile unit via the particular 

wireless packet network access station and via the packet switched data network;” 

“the particular server coupling a server response to the particular mobile unit, the 

server response including an indication of availability of content related to the first 

request;” “the particular server receiving a second request coupled thereto from the 

particular mobile unit, wherein the second request is automatically generated by 

the particular mobile unit in response to the server response, without requiring user 

action; and” “the particular server coupling the available content related to the first 

request to the particular mobile unit.” The main novel inventive idea can be 

summarized as having the application on the particular mobile unit send 

information to the particular server system that causes a push data channel to be 

configured related to a “first request” that corresponds to a specific type of 

information application channel. Once this logical channel is established, when the 

particular server has new information for the specific application program in the 

particular mobile unit, the particular server sends a server response message (push 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 20 of 34 PageID #: 360
19

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

message in Android data message format) to the particular mobile unit. In

response to this push-data message, the particular mobile unit automatically sends 

a second request (response message to the data message). No user action is 

needed for the second request message to be sent from the particular mobile unit in 

response to the push-data message. Once this automatically generated second 

request message is received at the server, the server sends the new available 

content to the application program operating on the particular mobile unit. This 

claim language represents a very specific improvement in computer functionality 

that is the basis for application-synchronization,” and “background application 

refresh.” This method also sets up the basic construct for “Android data 

messages.” This method is the basis for improved mobile communications 

network protocols that are used billions of times per day all over the world. Yet at 

the time of the invention, back in late 1998, mobile units executing background 

application refresh and client-server application data synchronization type 

operations using the recited efficient protocol was completely novel and not yet in 

practice.

55. Claim 37 of the ’844 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 37 of the ’844 is

similar to Claim 32 of the ’844 patent, but specifically recites the use of a virtual 

session server in addition to the particular network server. The virtual session 

server acts to provide transport layer security (TLS) functions that operate between 

the mobile unit and the particular network server. In modern day systems, the 

inclusion of a TLS layer server function between the application residing in the 

mobile unit and application operating on the particular network server is now an 

important required function for all client and server applications that operate within 

the Android operating system environment. Claim 37 of the ’844 patent recites: 

“the method comprising:” “establishing a communication session between the 

mobile unit and the virtual session server via the particular wireless packet access 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 21 of 34 PageID #: 361
20

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

station, using the at least one wireless air interface;” “the particular network server 

receiving a first request coupled thereto from the mobile unit at least partially via 

the communication session;” “the particular network server coupling a server 

response to the mobile unit, the server response including an indication of 

availability of content related to the first request;” “the particular network server 

receiving a second request coupled thereto from the mobile unit, wherein the 

second request is automatically generated by the mobile unit in response to the 

server response, without requiring user action; and” “the particular network server 

coupling the available content related to the first request to the mobile unit;” (...) 

“wherein the first request is received by the virtual session server and forwarded to 

the particular network server during a first active state of the communication 

session, and the second request is received by the particular network server during 

a second active state of the communication session which follows an inactive state 

of the communication session.” As can be seen, Claim 37 recites all the novel and 

improved computer functionality features as discussed above in respect to Claim 

32, but also recites specific use of virtual sessions, as are now well recognized to 

be important additional security and fast-session-restart efficiency functions to be 

used with the functions of application-synchronization,” “Android data messages,” 

and “background application refresh.” Hence Claim 37 of the ’844 patent 

specifically recites the same improved computerized functionality as discussed in 

the paragraph above in connection with Claim 32 of the ’844 patent. Additionally, 

Claim 37 of the ’844 patent recites a more efficient and secure computer software 

functionality by inserting a virtual sessions layer below the application layer. That 

this is an important, efficient and more secure computer functionality is evidenced 

by the fact that it is now required practice that the Android data-push messages and 

all other types of Android client-server messages need to be sent on a secure 

virtual session known as transport layer security (TLS). 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 22 of 34 PageID #: 362
21

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

56. Claim 46 of the ’844 patent recites a client-side method for use with a 

mobile unit that communicates with a particular server. Claim 46 of the ’844 

patent recites: “the method comprising:” “receiving from the user of the particular 

mobile unit an indication of a type of information of interest to the user;” “the 

particular mobile unit receiving from the particular server a server response that 

includes an indication of availability of information corresponding to the type of 

information of interest to the user;” “and the particular mobile unit sending to the 

particuiar (sic) server a request, wherein the second request is automatically 

generated by the particular mobile unit, without requiring user action; and” “the 

particular mobile unit receiving from the particular server the information 

corresponding to the type of information of interest to the user.” The claim 

language of Claim 46 of the ’844 patent provides a new mobile-computer 

functionality that allows a mobile unit to keep a user up to date with information 

that becomes available on a server. The mobile device receives from the user 

information indicative of one or more user interests. From time to time, the server 

will acquire new information that is of interest to the user. When such information 

becomes available, the mobile unit receives a notification message such as an 

Android data message telling the mobile unit that such information has become 

available at the server. When the mobile unit receives the data message 

notification for information that corresponds to the user interest, the mobile unit 

then sends an automated request to have the information of interest downloaded to 

the mobile unit without the need for user interaction. This functionality can be 

described as client-server synchronization, or background application refresh, 

implemented using “Android data messages” that are sent in accordance with the 

availability of new information of interest to the user. This claim describes 

specific novel and non-obvious computer functionality that has been widely 

adopted and in common use all over the globe in modern mobile handsets and 

application servers. The user indicates a user interest, and the application in the 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 23 of 34 PageID #: 363
22

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

client-side mobile handset is kept up to date and synchronized with the 

corresponding information as it becomes available or otherwise updated in the 

server. This makes for more efficient air interface usage (no need to download 

unwanted content over the air) and also makes the user interface more efficient as 

well (streamlined to the user interest and less cluttered inbox type interface). All 

of the discussion of novel and improved computer functionality as discussed in the 

paragraph above in connection with Claim 32 of the ’844 patent also applies here 

directly to Claim 46 of the ’844 patent. 

57. Claim 22 of the ’395 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 22 of the ’395 

patent recites that: “the particular mobile unit is configured to wirelessly receive 

pushed information, and to present to the user via the graphical user interface a 

selectable indication, such that when the selectable indication is selected by a user 

selection, a further content available for downloading will be downloaded to the 

particular mobile unit.” In Claim 22 of the ’395 patent, the server performs the 

following functions: “causing a communication push message to be wirelessly 

transmitted to the particular mobile unit, wherein the communication push message 

contains information related to the further content in response to the user selection, 

wherein the information related to the further content relates to the information 

item that comports with the user interest indication,” “receiving a client-request 

packet wirelessly coupled from the particular mobile unit in response to the user 

selection, the request packet indicating a request to download the further content;” 

“wherein the communication push message acts as a notification to allow the user 

to selectively download the further content only if the user is interested in 

receiving the further content.” Other aspects of the Claim 22 of the ’395 patent 

explain that the push message is not sent as an immediate response to a clientrequest packet, and that the server sends the requested information. The claim

language of Claim 22 of the ’395 patent provides a specific improvement in 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 24 of 34 PageID #: 364
23

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

computer functionality in client-server mobile communication systems. The push 

message contains information related to the further content that specifically 

comports with a predefined user interest indication. This allows the flow of 

pushed content to be controlled to only relate to content already identified to be of 

subject matter that is of interest to the user. The further information available on 

the server ready to be downloaded thus has been pre-filtered based on user interest 

information. This particular version of the claimed invention also allows to the 

further information to be downloaded in response to a user selection. This type of 

push-assisted client-server system functionality was novel and has been adopted in 

modern push based mobile systems. This can be where a user identifies categories 

of interest, or where the network keeps track of user actions and learns the interests 

of the user. This innovation represents a specific advancement in computer 

functionality that enables push based mobile client-server communications systems 

to only send filtered pushes to the user. Without the recited functionality, many 

modern push-based applications would not be able to function as efficiently as they 

do today. In modern Android systems, this user-selection functionality is partially 

implemented using the ubiquitous “notifications panel.” The ability to limit certain 

push messages according to user interest allows the notification panel to not be 

overloaded with irrelevant push information. The notifications panel allows the 

user to only select the pushed content that is currently still of interest to the user. 

This is very important to allow push based mobile client-server systems to be 

practical and streamlined to the user interest and to the user’s current activities and 

interests at the time the push message was received and all the way to well after the 

message was received.

58. Claim 1 of the ’811 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 1 of the ’811 patent 

recites a method comprising: “receiving a user interest indication associated with 

the particular user, wherein the user interest indication identifies one or more user 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 25 of 34 PageID #: 365
24

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

preferences used to identify information that comports with the user interest 

indication;” “receiving via the packet switched data network a location indication, 

wherein the location indication identifies at least an approximate geographical 

location of the particular mobile unit;” “causing information relating to the 

information item to be coupled from a network server (...) without the need to 

continuously maintain an active user-interactive client-server application layer 

session between the network server and the particular mobile unit between a first 

time when the user interest indication is received to a second time when the 

particular mobile unit receives the one or more data packets;” “wherein the one or 

more data packets are coupled at least partially via a virtual communication session 

implemented at one or more layers below the application layer;” “wherein the 

virtual communication session is configured to be transitioned from an initial 

active state to an inactive state, and later to be transitioned from the inactive state 

back to the active state, (...)” This claim language specifically recites novel and 

non-obvious computer functionality that enables improved better mobile clientserver mobile applications processing and protocols. In such a system, unlike 

desktop based searching and web browsing, the mobile unit can identify a user 

interest, and the by moving around, can keep the server informed of the mobile 

unit’s current location. To make this work efficiently for use with many mobile 

different users and many different application servers sharing the cellular or other 

type of air interface all at once, virtual sessions are used. That is, a session is 

established and is used to upload the user interest. The virtual session can be 

intermittently reactivated to allow geo-location updates to be sent as well. The 

virtual session can also be reactivated to allow the geographical web browsing 

search results to be pushed or otherwise downloaded when the server finds results 

of interest to the user in the user’s current local geo-location. This type of 

geographical web browsing functionality was novel and unobvious at the time, but 

has since become a common practice.

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 26 of 34 PageID #: 366
25

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

59. Claim 1 of the ’395 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 1 of the ’395 patent 

recites a method comprising: “receiving a user interest indication associated with 

the particular user, wherein the user interest indication identifies one or more user 

preferences used to identify information that comports with the user interest 

indication;” “receiving via the packet switched data network a location indication, 

wherein the location indication identifies at least an approximate geographical 

location of the particular mobile unit;” “identifying an information item that 

comports with the user interest indication and is associated with the location 

identified in the location indication; and” “causing information relating to the 

information item to be coupled via the packet switched data network to the 

particular wireless packet access station so that the particular wireless packet 

access station can wirelessly transmit the information relating to the information 

item via one or more unsolicited pushed messages using one or more packet 

headers addressed to the particular mobile unit” “without the need to continuously 

maintain an active user-interactive client-server application layer session (...).” 

All of the discussion of novel and improved computer functionality as discussed in 

the paragraph above in connection with Claim 1 of the ’811 patent also applies 

here directly to Claim 1 of the ’395 patent. Additionally, in Claim 1 of the ’395 

patent, the information relating to the information item is specifically recited to be 

sent one or more unsolicited pushed messages using one or more packet headers 

addressed to the particular mobile unit. This particular embodiment of the 

invention specifically introduced the efficient functionality whereby unsolicited 

pushed messages using one or more packet headers addressed to the particular 

mobile unit could be used as the mechanism to send the actual geographical web 

browsing search results to the mobile unit. This is a very efficient way to use the 

push channel to send intermittent data on wireless channels to reduce the need to 

maintain and reactivate traditional client-server connections which take up undue 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 27 of 34 PageID #: 367
26

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

air time when multiplied by the many different users all sharing the air interface at 

the same time. As such, the method of Claim 1 of the ’395 has found use in many 

fielded client-server mobile application systems since the time the invention was 

made in late 1998.

60. Claim 90 of the ’139 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 90 of the ’139 

patent has similar features to Claim 1 of the ‘395 patent as discussed in the 

paragraph above. Hence all of the discussion of novel and improved computer 

functionality as discussed in the paragraph above in connection with Claim 1 of the 

‘395 patent also applies here directly to Claim 90 of the ’139 patent. Also, because 

all of the discussion of novel and improved computer functionality discussed two 

paragraphs connection with Claim 1 of the ’811 patent also applies directly to 

Claim 1 of the ’395 patent, that discussion also applies directly here to Claim 90 of 

the ’139 patent. The key difference between Claim 90 of the ’139 patent and 

Claim 1 of the ’395 patent lies in the first recited method action. Claim 90 of the 

’139 patent recites: “receiving a user interest indication associated with the 

particular user, wherein the user interest indication identifies one or more user 

preferences used to identify advertisements of potential personal interest to the 

particular user;” The identifying and causing actions of Claim 90 are also different 

in how they start: “identifying a particular advertisement that comports (...)” and 

“causing information relating to the particular advertisement to be coupled (...).” 

Hence the main difference is that while Claim 1 of the ’395 patent deals with a 

user interest relating to a user preference used to identify an information item, 

Claim 90 of the ’139 patent deals with a user interest relating to a user preference 

used to identify advertisements of potential personal interest to the particular user. 

Essentially the information item of interest of Claim 1 of the ’395 patent is 

substituted for advertisements of interest in Claim 90 of the ’139 patent. Hence all 

statements regarding the novelty and the expanded and improved computer 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 28 of 34 PageID #: 368
27

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

functionality as described above in connection with Claim 1 of the ’395 and Claim 

1 of the ’811 patent apply equally to Claim 90 of the ’139 patent. 

61. Claim 22 of the ’139 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. Claim 22 of the ’139 

patent recites a method comprising: “receiving a user interest indication associated 

with the particular user, wherein the user interest indication identifies one or more 

user preferences used to determine one or more types of content the user desires to 

receive via one or more unsolicited pushed messages at the particular mobile unit;” 

“receiving via the packet switched data network a location indication that was 

wirelessly coupled by the particular mobile unit to the particular local broadcast 

domain entity;” “causing a search to be performed over a plurality of sets of 

content to identify, if present, a resulting content that is categorized according to 

the user interest indication and is associated with a point of presence located in a 

vicinity of the location identified in the location identification indication; and” 

“causing information relating to the resulting content to be coupled via the packet 

switched data network to the particular broadcast domain entity so that the 

particular broadcast domain entity can wirelessly transmit the one or more 

unsolicited pushed messages using packet headers addressed to the particular 

mobile unit to automatically notify the particular mobile unit about the resulting 

content without the need to continuously maintain an active client-server session 

between a network server of the one or more network servers and the particular 

mobile unit between a first time when the user interest indication is received and a 

second time when the particular mobile unit receives the one or more unsolicited 

pushed messages.” All of the discussion of the novel and non-obvious computer 

functionality discussed two paragraphs above in connection with Claim 1 of the 

’395 patent also apply to Claim 22 of the ’139 patent. Claim 22 of the ’139 patent 

additionally recites even further novel computer functionality in that the location 

information is derived via a local broadcast domain entity, for example a WiFi 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 29 of 34 PageID #: 369
28

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

hotspot or similar wireless local area network access point as are now in common 

use in modern mobile systems. In Claim 22 of the ’139 patent, the content 

searched for specifically corresponds to a point of presence that comports with the 

user interest and is located in a vicinity of the mobile unit’s current location. This 

is a novel mobile computing functionality that takes advantage a network of local 

broadcast domain entities such as WiFi hotspots and allows this lower cost 

connection to be used to perform location based services that allow a mobile unit 

to find a nearby point of presence of a specific type of interest to the user. 

62. Claim 43 of the ’139 patent recites a server-side method for use with a 

server that communicates with a particular mobile unit. The claim language of 

Claim 43 of the ’139 is almost identical to the claim language of Claim 22 of the 

’139 patent, except the local broadcast domain is substituted with a cellular base 

station. In Claim 43, the location could either come from the cellular base station 

or from GPS type information coupled via the cellular base station from the mobile 

unit. Hence everything that was said above with respect to Claim 22 of the ’139 

patent and Claim 1 of the ’395 patent regarding specifically recited novel and nonobvious computer functionality equally apply to Claim 43 of the ’139 patent. The 

only difference being that the location information is transmitted via a cellular base 

station. 

63. The technology claimed in the patents in suit does not preempt all 

ways of using client-server computing architectures or the use of all 

communication session technologies, or any other well-known or prior art 

technology. 

C. Advantage Over the Prior Art

64. At the time the Inventors were developing and patenting their 

inventions, wireless Internet-enabled devices and services were in their infancy. 

Internet access to wireless devices was not in mainstream use. Basic wireless 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 30 of 34 PageID #: 370
29

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

browser and push functions were available in some of the earliest Internet-enabled 

handhelds, but nothing near what is in common use today. 

65. Today’s wireless devices often include a large plurality of Apps, and 

each separate App has its own push notification channel, and the push messages 

can be sent over both the cellular data and the WiFi channels. At relevant times, 

wireless Apps were not available to provide effective user-interest and 

geographical web browsing functions. Push services were not yet available that 

allowed similar functionality as the geographical web browser. The concept of 

separate Apps with dedicated push channels to each App as regulated by a packet 

filter and an application-specific-ID field in the push packet header was not yet 

available. 

66. The patented inventions disclosed in the ’139 patent, the ’395 patent, 

the ’811 patent, and the ’844 patent provide many advantages over the prior art, 

and in particular improve the operations of communications between client-side 

wireless mobile units and remote servers.

67. Many specific novel and non-obvious advantages of the asserted 

claims over the prior art are described above in section IV. B., specifically in the 

paragraphs that deal with the detailed discussion of exemplary asserted claims and 

their advantages that they provided to computer functionality over and above the 

prior art at the time that the invention was made. The paragraphs below provide 

additional details, insights, and alternative views regarding the novelty of the 

overall portfolio and the asserted claims. 

68. For example, the patented invention provides systems and methods to 

enable a mobile using to maintain a first network connection with a central server 

and to control information flow on this connection using information received on 

an auxiliary channel. 

69. Another advantage of the patented inventions is providing systems 

and methods to enable separate Apps in the user mobile unit to stay separately 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 31 of 34 PageID #: 371
30

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

connected to their respective corresponding application server via a separate push 

channel for that App. Each separate push channel can be implemented in such a 

way that there is no need to continuously remain connected because each such 

channel can preferably maintain security parameters and also be deactivated and 

reactivated with an abbreviated security handshake procedure. 

70. Certain embodiments of the patented invention also contemplated that 

the push operations would often occur over a low-power local area network 

channel like a local WiFi channel. While such functionality is common today, the 

earliest mobile units in their infancy at the time with web browser functionality 

only used cellular channels like SMS and wireless HTTP. The prior art did not 

contemplate push services that would allow wireless Internet data-channel roaming 

between a data access channel provided by the cellular service operator network 

and a data access channel provided by a wireless access point such as a WiFi 

access point. 

71. The present invention contemplates that some of the inventive 

methods can be used with user wireless mobile devices that provide both cellular 

data connectivity and WiFi data connectivity and roam between the two access 

types. For example, the wireless mobile unit can configure the push notification 

service for a given App using a first wireless interface, such as cellular Internet 

channel, and later respond to a push message for that App that came in over a 

second wireless interface, such as a WiFi channel. In a claimed embodiment, in 

response to the push, the App will perform automated background application 

refresh type operations. 

72. Certain embodiments of the present invention provide specific 

location-based types of push services that were not available in the prior art. For 

example, a user interest indication can be provided to the server-side application 

from either the mobile unit of a third party or can otherwise be inferred by the 

server based on user actions. In such cases, the mobile unit’s GPS coordinates or 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 32 of 34 PageID #: 372
31

DECLARATION OF ERIC MORGAN DOWLING IN SUPPORT OF COMPLAINT

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

the mobile unit’s data access connection point can be ascertained and converted to 

a geographical location associated with the data access point to which the mobile 

unit is presently connected. The server-side application can thus keep track of the 

mobile unit’s present location. Push events can be triggered when the mobile unit 

becomes in a local area where a point of presence is available related to the user 

interest. At such time the push notification is sent to the mobile unit. 

73. As such, another advantage of the patented inventions is that a user 

may now “surf the web” or navigate mobile applications based on geographic 

information such as GPS information. 

74. An additional advantage of the patented inventions includes 

technology to provide local broadcast information to automatically control a 

network application using a packet filter. 

75. Yet another advantage of the patented inventions includes the ability 

to provide a user with a means to receive information from a first connection, such 

as a wireless network connection, based on the user’s position. 

76. Another advantage of the patented inventions is that it allows an 

application, like a web browser or another mobile app, to control the flow of 

information a device may received based on a location based data, such as GPS 

data. 

77. An additional advantage of the patented inventions include a mobile 

unit that can receive at least one transmission from a second wireless network or 

interface and then generate a request from the first wireless network connection in 

order to control navigation of an application, such as a mobile app. 

78. Another advantage of the patented inventions is that a server located 

on a network may receive these requests generated based on the above described 

transmissions. 

79. Yet another advantage of the patented invention is that a mobile unit 

allows for the use of filters, or preferences, that may be applied to the automated 

Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 33 of 34 PageID #: 373
Case 4:23-cv-01123-ALM Document 1-10 Filed 12/20/23 Page 34 of 34 PageID #: 374