Voip Pal Com Inc (VPLM)

[GTCar]

John Rutter and Stuart Gare prepared a 35-page report entitled
“TECHNICAL REVIEW OF DIGIFONICA VOIP SYSTEM” dated July 5, 2005
(“Smart 421 Report”) (Ex. 2003). The Smart 421 Report (Ex. 2003) was emailed
in PDF form by John Rutter to Clay Perreault on July 5, 2006, with Stuart Gare
also copied on the email, and Clay Perreault subsequently emailed the report to
others including Emil Bjorsell (Ex. 2007). Ex. 2008 at ¶6. Ex. 2009 at ¶6. Ex.
2013 at ¶8. Ex. 2012 at ¶7.
The Smart 421 report (Ex. 2003) confirms in numerous places that
Digifonica had at that time a working, or “live” system running what is referred to
as “Version 1” and was developing “Version 2”.
“The core code appears to be very well written and has been tested in
live operation and destructive testing by developers over a period of
time.” [Ex. 2003 at 5, emphasis added]
“Version 1 is the historical development path leading to the
current live system, and Version 2 is a newer development path that
has been implemented in recent months to include more formal
measures against software deliveries.” [Ex. 2003 at 9, emphasis
added]
IPR2016-01198
Apple Inc. v. Voip-Pal
-44-
“This also provides the opportunity for further documentation and
other quality control measures to be applied, without the overhead of
enforcing this additional work on the phase 1 system that is
currently in operation.” [Ex. 2003 at 15, emphasis added]
“This approach was partly down to issues of resources and costs,
getting a very functional system operational with a strong
understanding of the underlying technology and network integration
issues of a VoIP solution.” [Ex. 2003 at 20, emphasis added]
“With a live system in operation, the need for strict release controls
and quality assurance is increased to avoid potential service
disruption. In recent weeks, Digifonica have filled further positions in
delivery management and these issues are under control for the
Version 2 development, as well as for any maintenance releases
required against the live Version 1 software.” [Ex. 2003 at 21,
emphasis added]