Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
466
Declaration of Brett Arnold in Support of #465 Administrative Motion to File Under Seal SAMSUNG'S OPENING CLAIM CONSTRUCTION BRIEF filed bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Exhibit 1, #2 Exhibit 2a, #3 Exhibit 2b, #4 Exhibit 2c)(Related document(s) #465 ) (Maroulis, Victoria) (Filed on 12/8/2011)
1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
2
charlesverhoeven@quinnemanuel.com
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: (415) 875-6600
4 Facsimile:
(415) 875-6700
5 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Kevin P.B. Johnson (Bar No. 177129)
6
kevinjohnson@quinnemanuel.com
Victoria F. Maroulis (Bar No. 202603)
7
victoriamaroulis@quinnemanuel.com
555 Twin Dolphin Drive, 5th Floor
8 Redwood Shores, California 94065-2139
Telephone:
(650) 801-5000
9 Facsimile:
(650) 801-5100
10 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Michael T. Zeller (Bar No. 196417)
11
michaelzeller@quinnemanuel.com
865 S. Figueroa St., 10th Floor
12 Los Angeles, California 90017
Telephone: (213) 443-3000
13 Facsimile:
(213) 443-3100
14 Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
15 INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
16
17
UNITED STATES DISTRICT COURT
18
NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION
19
20 APPLE INC., a California corporation,
CASE NO. 11-cv-01846-LHK
21
DECLARATION OF TODD M. BRIGGS
IN SUPPORT OF SAMSUNG'S OPENING
CLAIM CONSTRUCTION BRIEF
22
Plaintiff,
vs.
23 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
24 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
25 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
26
Defendant.
27
Date: January 20, 2012
Time: 10:00 am
Place: Courtroom 8, 4th Floor
Judge: Hon. Lucy H. Koh
SUBMITTED UNDER SEAL
28
02198.51845/4499114.1
Case No. 11-cv-01846-LHK
DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S OPENING CLAIM CONSTRUCTION
BRIEF
1
I, Todd M. Briggs, declare as follows:
2
1.
I am an associate with the law firm of Quinn Emanuel Urquhart & Sullivan LLP
3 and counsel for defendants and counter-claimants Samsung Electronics Co. Ltd., Samsung
4 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively,
5 “Samsung”). I submit this declaration in support of Samsung’s Opening Claim Construction
6 Brief. I am personally familiar with and knowledgeable about the facts stated in this declaration
7 and if called upon could and would testify competently as to the statements made herein.
8
2.
Attached hereto as Exhibit A is a true and correct copy of certain excerpts from the
9 Deposition of Hun-Kee Kim, Rough Transcript, dated November 30, 2011.
10
3.
Attached hereto as Exhibit B is a true and correct copy of SAMNDCA0013600, an
11 online article from Yonhap News describing the selection of SMP technology by the 3GPP
12 standards setting body. Also attached is a certified translation from Korean to English.
13
4.
Attached hereto as Exhibit C is a true and correct copy of “Samsung Electronics’
14 Asynchronous IMT-2000 Technology Adopted as International Standard Specification,”
15 September 20, 2002, an online news article from iNews24.com. Also attached is a certified
16 translation from Korean to English.
17
5.
Attached hereto as Exhibit D is a true and correct copy of certain excerpts from the
18 Deposition of Richard D. Gitlin, dated December 6, 2011.
19
6.
Attached hereto as Exhibit E is a true and correct copy of certain excerpts of
20 Gitlin, Hayes and Weinstein, DATA COMMUNICATIONS PRINCIPLES, Kluwer Academic/Plenum
21 Publishers (1992).
22
7.
Attached hereto as Exhibit F is a true and correct copy of certain excerpts from the
23 Deposition of Tony Givargis, dated December 6, 2011.
24
8.
Attached hereto as Exhibit G is a true and correct copy of U.S. Patent No.
25 7,200,792.
26
9.
Attached hereto as Exhibit H is a true and correct copy of U.S. Patent No.
27 7,698,711.
28
02198.51845/4499114.1
Case No. 11-cv-01846-LHK
-2DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S OPENING CLAIM CONSTRUCTION
BRIEF
1
10.
Attached hereto as Exhibit I is a true and correct copy of certain excerpts from
2 U.S. Patent Application No. 11/778,466.
3
I hereby declare under penalty of perjury under the laws of the United States that the
4 foregoing is true and correct.
5
6 DATED: December 8, 2011
7
8
9
10
11
12
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
By
/s/ Todd M. Briggs
Todd M. Briggs
Attorneys for Defendants/Counter-Claimants
SAMSUNG ELECTRONICS CO., LTD.,
SAMSUNG ELECTRONICS AMERICA, INC.
and SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
02198.51845/4499114.1
Case No. 11-cv-01846-LHK
-3DECLARATION OF TODD M. BRIGGS IN SUPPORT OF SAMSUNG'S OPENING CLAIM CONSTRUCTION
BRIEF
Exhibit A
FILED
UNDER SEAL
Exhibit B
CERTIFICATION OF TRANSLATION
I certify that the Korean to English translation of the Korean internet newspaper article entitled
SAMNDCA00146000 is an accurate and complete rendering of the contents of the source document to the
best of my knowledge and ability. I further certify that I am a qualified professional translator familiar
with both languages with more than ten years of experience in Korean to English translation of various
legal, technical or business documents including a number of legal evidentiary documents submitted to
various courts in the United States.
Date: December 6, 2011
____________________________
Alex N. Jo, Translator
Samsung Electronics’IMT-2000 Asynchronous Technology Adopted as
International Standard
(Seoul = Associated Press) Reported by Bum Soo Kim = Samsung Electronics announced on
March 20 that its ‘SMP’ technology, which is an IMT-2000 asynchronous connectivity mode
developed in-house, was adopted as the international standard technology at the 3GPP (3rd
Generation Project Group) meeting recently held by the International Telecommunication
Technology Association (TTA) at Shilla Hotel.
Samsung Electronics’ SMP (Symbol Mapping based on Priority) is a technology that minimizes
error caused by noise. Thus enabling implementation of high-speed data transmission.
Samsung Electronics said, “In the course of IMT-2000 standardization process, we have emerged
as a leader group company along with some other companies such as Qualcomm and Nokia,
which enables us to preemptively secure an advantageous position in the next generation mobile
communications business.”
bumsoo@yna.co.kr
(The End)
Sent on March 20, 2002 11:00
Exhibit C
IMT-2000
,
http://news.inews24.com/php/news_view.php?g_serial=60106&g_menu=020300
Page 1 of 3
11/29/2011
IMT-2000
,
Page 2 of 3
192cm
10
"
"3
1
!
P
'
'
!
~!!
75
!
8
82kg
4
?
??
48kg
http://news.inews24.com/php/news_view.php?g_serial=60106&g_menu=020300
11/29/2011
IMT-2000
,
Page 3 of 3
@inews24com
inews24com
Join the conversation
http://news.inews24.com/php/news_view.php?g_serial=60106&g_menu=020300
11/29/2011
CERTIFICATION OF TRANSLATION
I certify that the Korean to English translation of the Korean internet newspaper article entitled newsinews24-com is an accurate and complete rendering of the contents of the source document to the best of
my knowledge and ability. I further certify that I am a qualified professional translator familiar with both
languages with more than ten years of experience in Korean to English translation of various legal,
technical or business documents including a number of legal evidentiary documents submitted to various
courts in the United States.
Date: December 6, 2011
_____________________________
Alex N. Jo, Translator
Samsung Electronics’ Asynchronous IMT-2000 Technology Adopted as
International Standard Specification
Entered at15:32, September 20, 2002
[Exclusive] Developed a solar power Smartphone battery that “lasts 15 days with 1-time charge”
Soon, Samsung Electronics’SMP (Symbol Mapping based on Priority) technology is slated to be
formally adopted as an international standard specification of the International
Telecommunication Union (ITU).
The Telecommunications Technology Association (TTA) held a ‘3rd Generation Project Group
(3GPP)’ meeting at Shilla Hotel last week with about 400 attendees in the field of information
communications technology from 20 or so countries. Samsung Electronics announced on March
20 that its own ‘SMP’ technology became an international standard technology after it was
finally selected as a standard specification for the IMT-2000 asynchronous technology at the
meeting.
Samsung Electronics’‘SMP’ technology which just became the international standard is the
technology that minimizes error caused by noise, thus enabling a high-speed data transmission. It
is the core asynchronous technology in the IMT-2000. This technology improves communication
quality by reducing noise during a telephone call between a mobile communications system and
a user terminal as well as during data transmission, and also supports a greater number of
concurrent users.
A person affiliated with Samsung Electronics says, “Samsung’s SMP technology analyzes the
correlation among the information bits with different degrees of reliability, thus arraying
"information bits" in a position of higher reliability, and arraying "excess bits" in a position of
lower reliability. This method plays a role of reducing data packet transmission error.”
Meanwhile, with its numerous technologies adopted as standards in the course of IMT-2000
standardization, Samsung emerged as one of the leading [standards] companies along with some
other companies such as Qualcomm and Nokia.
Samsung Electronics said, “We came to secure an advantageous position in the next generation
mobile communications business based on our technological prowess selected as international
standards. Also, we expect to gain considerable income associated with our technologies.”
Reported by Hwi Jong Yoon hwiparam@inews24.com
Exhibit D
Page 1
1
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
2
3
4
APPLE INC., a California
corporation,
5
Plaintiff,
Case No.:
11-cv-01846-LHK
6
vs.
7
SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
ELECTRONICS AMERICA, INC., a
New York corporation; SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC,
a Delaware limited liability
company,
8
9
10
11
Defendants.
_________________________________/
12
13
VIDEOTAPED DEPOSITION OF RICHARD D. GITLIN, Sc.D.
14
Taken on Behalf of the Defendants
15
16
DATE TAKEN:
Tuesday, December 6, 2011
TIME:
9:06 a.m. - 3:26 p.m.
PLACE:
Embassy Suites Downtown Tampa
513 South Florida Avenue
Tampa, Florida
17
18
19
20
21
22
23
24
25
Stenographically Reported by:
Donna L. Peterson
Registered Diplomate Reporter
Certified Realtime Reporter
JOB NO: 44339
TSG Reporting 877-702-9580
Page 2
1
APPEARANCES:
2
3
4
5
Counsel for Plaintiff:
PETER J. KOLOVOS, ESQUIRE
WilmerHale
60 State Street
Boston, Massachusetts 02109
6
7
8
9
Counsel for Defendants:
TODD M. BRIGGS, ESQUIRE
Quinn Emanuel Urquhart & Sullivan
555 Twin Dolphin Drive
Redwood Shores, California 94065
10
11
12
Also Present:
Thomas Hallahan, videographer
13
14
15
16
17
18
19
20
21
22
23
24
25
TSG Reporting 877-702-9580
Page 4
1
2
P R O C E E D I N G S
THE VIDEOGRAPHER:
Good morning, ladies and
3
gentlemen.
Today's date is Tuesday, December the
4
6th, 2011.
The time is approximately 9:06 a.m.
5
name is Thomas Hallahan; I'm the videographer.
6
court reporter is Donna Peterson.
7
My
The
We are present at the Embassy Suites, 513 South
8
Florida Avenue, Tampa, Florida.
9
the purpose of taking the deposition of
We're here for
10
Dr. Richard D. Gitlin.
11
the United States District Court, Northern District
12
of California, San Jose Division, case entitled
13
Apple Incorporated versus Samsung Electronics
14
Company, Limited, et al.
15
16
17
18
19
20
21
22
23
The case is instituted in
I will now ask the attorneys to introduce
themselves, starting with the noticing attorney.
MR. BRIGGS:
Todd Briggs from Quinn Emanuel for
Samsung.
MR. KOLOVOS:
Peter Kolovos of Wilmer Cutler
Pickler Hale and Dorr for Apple.
THE VIDEOGRAPHER:
Would the court please swear
in the witness.
RICHARD D. GITLIN, Sc.D., called as a witness
24
by the Defendants, having been first duly sworn,
25
testified as follows:
TSG Reporting 877-702-9580
Page 5
1
THE WITNESS:
2
3
Yes, I do.
DIRECT EXAMINATION
BY MR. BRIGGS:
4
Q.
Good morning, Dr. Gitlin.
5
A.
Good morning.
6
Q.
Can you state your name for the record?
7
A.
Richard Gitlin.
8
Q.
And where do you live?
9
A.
Just down the road in here, Tampa, 415 Knights
10
Run Avenue, Tampa.
11
Q.
Okay.
12
A.
We've -- this is my fourth academic year.
13
How long have you lived in Tampa?
We
also have a residence in New Jersey.
14
Q.
How long did you live in New Jersey?
15
A.
About 40 years.
16
Q.
How many times have you been deposed?
17
A.
As an expert or including as a fact witness?
18
Q.
How about both.
19
A.
Somewhere between 15 and 20.
20
Q.
How many times as an expert witness?
21
A.
This is probably about my 10th, 12th time.
22
Q.
When was the most recent deposition you had?
23
A.
I think this lady was handling my most recent
24
25
one.
That was in the spring of this year.
Q.
Okay.
And what case was that for?
TSG Reporting 877-702-9580
Page 11
1
respect to that HSDPA patent in the InterDigital versus
2
Samsung case?
3
4
5
6
A.
Similarly, that validity -- both sides, and
infringement.
Q.
So you wrote a report stating that or opining
that Samsung infringed that HSDPA patent?
7
A.
Yes.
8
Q.
And you also wrote a report opining that that
9
10
HSDA (sic) patent was valid?
A.
Yes.
There were, I mean, there were reports,
11
plural.
12
with supplementary reports and -- in that case.
13
then the cases were -- you know, the first case was
14
part -- was -- everything I did in the first case was
15
part of the second case.
16
seven or eight reports that I was the author of.
17
18
Q.
They were -- they went back and forth in this,
And
So by the end, I think I had
Do you -- do you remember the number of the
patent in that case, that you were working on?
19
A.
I -- I don't want to guess.
20
Q.
Okay.
21
A.
I'm sure you could find it out.
22
Q.
What did the technology in that case -- or in
23
24
25
No.
that patent involve, at a little bit lower level?
A.
It dealt with the control channel for HSDPA.
I can tell you a little more if you --
TSG Reporting 877-702-9580
Page 12
1
Q.
Yeah.
2
A.
It dealt with a -- the patent dealt with a
3
mechanism for signaling on the channel in a -- with a
4
minimum use of bits.
5
In fact now, when I teach my wireless course, I use that
6
as an example of a clever way to achieve a function.
It was a clever way of doing this.
7
Q.
Now, is HSDPA part of any standards?
8
A.
Yes.
9
Q.
What -- what standard or standards?
10
A.
Well, it's in the 3GPP family.
11
Q.
Okay.
12
that that patent was essential to the 3GPP standard?
13
14
15
16
17
18
Do you know if InterDigital believed
MR. KOLOVOS:
A.
Objection.
I believe that the -- that that -- that would
be a fair statement, yes.
Q.
So do you know what it means for a patent to be
essential to a standard?
A.
I think I have a rough understanding, not a
19
legal understanding, but a rough engineering
20
understanding, an expert witness understanding.
21
22
23
Q.
What's -- what's your understanding, you know,
as an expert witness?
A.
That to -- that to build a piece of equipment
24
that's compliant with the standard, you necessarily
25
infringe the patent.
TSG Reporting 877-702-9580
Page 13
1
Q.
Now, in your expert report in that case, did
2
you take that position that this patent was essential to
3
the 3GPP standard?
4
A.
Yes.
5
Q.
Have you ever done any work for Samsung?
6
A.
No.
7
Q.
Other than this case, have you ever done any
8
work for Apple?
9
A.
No.
10
Q.
So this is the first time you've been retained
11
by Apple?
12
A.
Yes.
13
Q.
Has Apple retained you only in its lawsuit
14
against Samsung, or are you also working in other cases
15
Apple has?
16
A.
17
Apple.
18
Q.
Have you ever done any work for HTC?
19
A.
No.
20
Q.
Okay.
21
As far as I know, this is what I'm doing for
Have you ever done any work for
Motorola?
22
A.
No.
23
Q.
Okay.
24
A.
No.
25
Q.
And you're not currently retained by Apple to
Have you ever done any work for Google?
TSG Reporting 877-702-9580
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1
input bits from some source.
2
encoder.
3
or encoder.
4
systematic bits, and P bits are the parity bits.
5
the S bits are the actual input to the channel encoder,
6
the output of the CRC generator.
And the 120 is the channel
Here it's a -- understood to be a turbo coder,
And it produces S bits, which are
And
7
And the parity bits are generated by the shift
8
registers inside the turbo encoder, shift registers and
9
other elements.
And the rate matcher is a -- is a
10
device which will either puncture or eliminate bits or
11
repeat bits to match the output rate to the available
12
transmission capacity.
13
Bless you.
14
The -- so an interleaver is a common device in
15
wireless systems because wireless -- most codes are
16
designed to provide very good performance in random
17
channel areas that are come -- that come randomly.
18
Wireless systems have a different property.
19
bursty errors.
20
you're moving and you are in a fade, when you have,
21
let's say, a low received signal level.
22
likely to make errors in a bunch, in a burst.
23
They have
And they have bursty errors because when
So you're more
And so an interleaver is a clever device that,
24
for example -- it could be done many ways, but similar
25
to what's described in the patent.
You read bits into
TSG Reporting 877-702-9580
Page 56
1
a -- you think of a matrix.
2
and you read -- and you read them alpha transmission in
3
a column.
4
whole column was errored, then viewed from the -- and it
5
in the first column, then at the receiver viewed from
6
the viewpoint of each row, you just have one bit in
7
error, and the code will be able to correct that.
8
That's the simple -- that's the very simple explanation.
9
The interleavers in -- in the patent are much more
10
11
You read bits into a row,
So, for example, if you had a burst where a
sophisticated than that.
And then the -- and so the -- the notion of the
12
interleaver is that from the viewpoint of the receiver,
13
which is not shown in Figure 1 -- this is a
14
transmitter -- is you -- you turn the phenomenon of a
15
physically bursty error mechanism in a wireless channel
16
to a -- as processed by the receiver, independent errors
17
spread out over a long time.
18
interleaved over time.
19
So the errors tend to be
And so -- and the bit stream at the output of
20
element 140 goes into a modulator.
21
that a mapper, bit mapper.
22
levels of modulation I described, this would be --
23
that's the first one.
24
use of the term.
25
call that a symbol mapper or a mapper, bit-to-symbol
And I would call
So that's -- in the three
And I think that's a nonstandard
I'd -- I would say most people would
TSG Reporting 877-702-9580
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1
mapping.
2
And then the -- as I said, the controller is
3
getting information as to the state of the channel and
4
will adjust the level of encoding, let's say rate
5
one-half, rate three-quarters, and/or the modulation of
6
the symbols that you use, let's say a 16 QAM signal
7
constellation or a 64 QAM signal constellation,
8
depending upon the quality of the transmission channel.
9
Q.
In -- in box 150, I -- I believe you just
10
testified that a bit stream enters that box, which is
11
labeled "Modulator."
12
A.
Uh-huh.
13
Q.
What is the output of the modulator?
14
A.
So -- so the -- as it says in paragraph 28, the
15
modulator can be either QPSK symbol, an 8PSK symbol, a
16
16 QAM symbol, or a 64 QAM symbol.
17
18
Q.
a bit stream, or is it an analog signal?
19
20
So is that output, is that digital data, is it
MR. KOLOVOS:
A.
What is it?
Objection.
Each -- for example, if you're using choice
21
three, 16 QAM, 4 bits come in.
22
It can be an X and Y number.
You can think of it as a
23
vector in the X and Y plane.
You can think of it as a
24
two couple.
25
scaling labels will be, you choose, plus or minus 1,
The output is a number.
It will have discrete values.
TSG Reporting 877-702-9580
The typical
Page 58
1
plus or minus 3.
2
microvolts, depending upon the transmitter power.
3
That could be volts, millivolts,
So you asked before:
Is that digital?
4
it's discrete valued.
5
I say
You said one of those 16 discrete points.
6
Q.
There is the 16 discrete points.
Now, are those values you were just talking
7
about, are those used to modulate or alter a carrier
8
wave?
9
A.
If you recall my three levels of modulation,
10
you -- what's not -- it's not shown -- the rest of the
11
system is not shown here.
12
do, you would take the -- let's take 16 QAM.
13
take two of the bits, feed it to -- let's call it the
14
inphase rail, and two of the bits to the quadrature
15
rail.
16
second level of modulation, and you would -- so in that
17
16 QAM case, you would -- you would amplitude modulate a
18
pulse with either a level a plus 1, minus 1, plus 3,
19
minus 3.
20
pulse will define the bandwidth of the signal.
21
Typically these pulses belong to a family called raised
22
cosine.
23
But typically what you would
You would
Then you would use pulse amplitude modulation, my
And you amplitude modulate a pulse, and this
And so now what you've done -- and you do the
24
similar mechanism for the quadrature channel, and you
25
design what people in the art would call a "baseband
TSG Reporting 877-702-9580
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1
bits are segmented at the input to the modulator at
2
the -- let's say, if we look at case 16 QAM into 4 bit,
3
you group 4 bits at a time, and that produces a symbol.
4
That goes then to the second level of modulation, the
5
third level of modulation.
6
this goes on for -- you know, you're sending lots of
7
bits.
8
and you're sending lots of bits, lots of symbols.
9
10
11
And you -- you -- generally
Q.
You may -- it depends upon a particular system,
Okay.
So you said that the output of the
mapper is a modulated pattern?
A.
Yeah.
That's -- that's Apple's construction.
12
It's consistent with what's used in the -- as it says
13
in -- on page 12, fifty -- paragraph 56, the independent
14
claims 1 and 6 each recite the mapping, the collected
15
bits from the first interleaver and second
16
interleaver -- that's referring out to, I guess, not
17
Figure 1, but it's the same idea -- onto one modulation
18
symbol.
19
Q.
That's what the patent describes it.
So what is -- I'm trying to get an idea of what
20
this modulated pattern is that you're talking about that
21
is output from the mapper.
22
23
24
25
Is -- is this modulated pattern, are these -is this a bit stream?
A.
It's -- for 16 QAM, you would -- you could --
it -- now, it depends upon implementation, how you're
TSG Reporting 877-702-9580
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1
going to implement it.
2
or symbolically, you could think of it in the XY plane
3
or IQ plane as a vector or a point.
4
one of the 16 discrete constellation points associated
5
with 16 QAM constellation.
6
And then you separately divide it, as I said, to get the
7
level -- level 2 pulse amplitude modulation, which then
8
leads to level 3 RF modulation.
9
Q.
But you -- you -- functionally
And that represents
That's what the output is.
So in the case of 16 QAM, if you're looking at
10
the constellation, would -- would you call one of the
11
points in the constellation a modulated pattern?
12
A.
That's -- well, that's a symbol.
Yeah.
That's
13
what -- that's what Apple's construction is, and a --
14
using the language of the pattern -- of the patent.
15
you -- you typically, in a laboratory, would have that
16
displayed.
17
slow down time, you would see discretely points, one of
18
those 16 points being illuminated.
19
modulated pattern or a mapped pattern of bits.
20
So
And you -- you would see various -- if you'd
And that's a
So the symbol is a mapped pattern of bits.
21
map 4 bits into this XY two-topper or vector.
22
You
what a symbol is.
23
Q.
Okay.
That's
So when you use the term "pattern,"
24
that's referring to the pattern of bits that are input
25
into the mapper?
TSG Reporting 877-702-9580
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1
A.
Yes.
2
Q.
Okay.
That's where I was getting confused.
3
didn't -- I didn't understand what "pattern" meant in
4
I
"modulated pattern."
5
So you're referring to, you know, in the case
6
of 16 QAM, the 4 bits that are coming into the mapper,
7
that would be the pattern that's modulated?
8
A.
That would be the bit pattern, yeah.
9
Q.
And so if a bit stream were going into a
10
mapper, the first 4 bits would map to -- would be a
11
pattern that maps to one symbol, the second 4 bits would
12
be a pattern that maps to another symbol?
13
A.
Well, it could be a very same symbol point.
14
You got 16 points.
15
would map to the same point.
If it's the same quartet of bits, it
16
Q.
Okay.
Well, let's assume they're all unique.
17
A.
Right.
They can only be unique -- after --
18
19
20
after 16, you got to hit the same spot.
Q.
But -- well, let's take an example where the
bit stream is 12 bits and you have four unique quartets.
21
A.
That's --
22
Q.
Or three, three unique quartets.
23
A.
Okay.
24
Q.
So the first pattern would map to one symbol,
25
the second pattern would map to a second symbol?
TSG Reporting 877-702-9580
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1
A.
Yeah.
2
Q.
And the third pattern would map to a third
3
symbol?
4
A.
Yeah.
5
Q.
Now, why in -- in Figure 1 do you believe that
6
the output is -- well, strike that.
7
Why do you believe in Figure 1 that the
8
modulator does not include the pulse amplitude
9
modulation or the RF modulation?
10
A.
I was just looking at the abstract of the
11
patent, but I'll -- I'll define the reference in the --
12
in the spec.
13
Well, if I look in column 2, I'm looking sort
14
of, you know, starting at around 40 and ending at 53.
15
You got to get down to the bottom.
16
adaptively select one of the modulation techniques
17
according to the radio department."
18
The -- "in order to
I mean, there's no discussion of my second
19
level of modulation.
20
there's no pulse shaping involved.
21
discussion of carrier frequency.
22
since this is part of HSDPA, there is a standard.
23
could assume that.
24
25
There's no, as far as I can tell,
There's certainly no
But the -- certainly,
One
So, I mean, I just -- that's all -- that's all
that I see in the patent, and that's all that's -- are
TSG Reporting 877-702-9580
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1
modulator 280, in Figure 3, it outputs a modulated
2
pattern?
3
A.
One of 16 QAM points.
4
Q.
Now, is the output of the modulator, is that
5
6
7
8
9
10
11
4 bits, or what -- what is the output?
A.
It's -- it's a four -- it's a symbol that is
one of the 16 points in the QAM, in the XY plane.
Q.
But for it to appear like that, it has to go
through the pulse -- the PAM and the RF modulation,
correct?
A.
No.
You take -- you take 4 bits.
You put it
12
into a lookup table, and it gives you a complex number
13
or an I and Q number.
14
can discuss that -- you can represent that in the signal
15
constellation in the IQ plane or the XY plane as a
16
signal point.
17
QAM here, but.
18
Q.
Okay.
And you can just put that -- you
It's understood.
There's no figure of 16
So going back to what a modulated
19
pattern is, in the case of 16 QAM, you would -- you
20
would say that a modulating -- a modulated pattern is
21
one of the points in the constellation?
22
A.
One of the 16 points.
23
Q.
One of the 16 points in the constellation.
24
A.
And there are various ways to represent that,
25
as a two-topple XY pair, X coordinate and Y coordinate,
TSG Reporting 877-702-9580
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1
2
3
or as a vector.
Q.
So would you agree that you could also call
that same point a "modulated signal"?
4
A.
No.
5
Q.
Why not?
6
A.
Okay.
To me -- and I see that Dr. Wessel uses
7
that term -- a signal in general has a notion of
8
bandwidth associated with it.
9
a number.
10
That symbol coming out is
Numbers don't have bandwidth.
Now, as he points to my textbook, when you --
11
when you start out pedagogically and you're teaching
12
students about statistical decision theory, you
13
generally start with, are you sending signal one or
14
signal two.
15
symbol, one signal.
16
can interchange the terms.
17
So you're sending, let's say, 1 bit, one
So in that pedagogical case, you
But in -- understanding of those skilled in the
18
art, a particular symbol as I'm talking about is a
19
number.
20
just a number.
21
that -- people wouldn't call that "signal."
22
It could be a complex number, I and Q.
It's
It doesn't -- you can't associate
So what would people call a signal?
People
23
would call a signal, after you have a sequence of these
24
symbols -- oh, let's say -- let's say -- let's say you
25
wanted to send, in a real signal, just one -- in a real
TSG Reporting 877-702-9580
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1
system, I want to get one symbol from me to you.
2
take that one symbol.
3
Now it has a bandwidth.
4
and you receive it.
5
signal is that composite where I can say it has --
6
exists for time and has a bandwidth.
7
So I
I pulse amplitude modulate it.
And I put it in an RF carrier
So I've sent one symbol, but the
A symbol is just a number.
But in actuality,
8
you send a plurality of such symbols in time, and the
9
composite is called a signal.
10
11
12
13
Q.
answer.
A.
So I think you said something in your last
I thought you said a symbol is just a number?
Yes, I think that's what I said, a complex
number.
14
Q.
Okay.
15
A.
Or an I and Q number, X and Y.
That's --
16
that's how someone of ordinary skill would interpret
17
that.
18
Q.
And what would that number represent?
19
A.
Well, it just -- in the language of the patent
20
in the more generally, if a 16 QAM, it would -- it would
21
have an association with 4 bits.
22
what symbol point, and I could tell you which 4 bits
23
you're -- depends if you're the transmitter or the
24
receiver -- what you're transmitting or what you believe
25
you received.
You -- you tell me
There's a one-to-one mapping.
TSG Reporting 877-702-9580
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1
2
3
Q.
Now, you would agree that your textbook and
other sources refer to symbols as signals?
A.
Under -- as I -- as I said in my testimony
4
which I just gave, that -- I believe the only time that
5
I did that in my book would be in a pedagogical sense
6
when you're sending one symbol.
7
it's pedagogical to teach students about statistical
8
decision theory, hypothesis testing, maximum likelihood
9
detection.
10
So therefore -- and
So you're sending one signal, and there it's
sending one symbol, and the terms are loosely used.
11
But no one of ordinary -- no one of skill in
12
the art would say, "I give you a symbol, a 16 QAM
13
symbol, a 64 -- a 64 QAM symbol," and say that's a
14
signal.
15
I don't know.
16
Q.
What's its bandwidth?
How long does it last?
In your -- in your book or any other references
17
outside of the patent that you've seen, have you ever
18
seen a symbol referred to as a modulated pattern?
19
20
MR. KOLOVOS:
A.
Objection.
The -- certainly I don't think I used that in
21
my book.
22
this is consistent with, as I said, the unusual use of
23
the term for element 280 as a modulator.
24
people would call that a mapper.
25
word "mapper," so that -- that would be a map pattern.
I don't recall seeing any references.
But
I think most
And if you use the
TSG Reporting 877-702-9580
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1
I think in my book I have the -- I did take a look.
2
use the word "pattern" for bit pattern.
3
used the word "mapper."
4
I
And I'm sure I
And it would be clear -- I mean -- you know,
5
and also in these books -- mine is a graduate-level text
6
when I was a faculty member.
7
Bell Labs in 2001, I taught at Columbia University for a
8
couple years.
9
still use my book.
When I retired from
So this was a Ph.D. level course.
Now it's 20 years old.
10
it -- this were is Ph.D. students.
11
wasn't necessary to define the term.
12
They
But, I mean,
used in the context.
13
Q.
You didn't -- it
You defined it
Have you ever seen in any extrinsic source or
14
any source outside of the patent the output of a mapper
15
being referred to as a modulated pattern?
16
A.
Again, mapper.
Well, if you -- if you have a
17
mapper, you would say it's the -- it's the output of the
18
mapper, you know.
19
standards have, you know, a signal or mapping table.
20
Q.
Okay.
You have -- that's -- and most
So I guess, in summary, you haven't seen
21
any -- anything in the patent or anything in any other
22
sources that describe a symbol as a modulated pattern?
23
24
25
MR. KOLOVOS:
A.
Objection; asked and answered.
Well, I disagree.
I mean, as I said, if you
look at Figure 3, the input is an input bit pattern, it
TSG Reporting 877-702-9580
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1
goes to a modulator.
2
a modulated pattern at the output.
3
So in plane English, that would be
I think that the claim construction is
4
informative more for "symbol" because that's the way
5
it's used in the patent.
6
that way, you might be confused when you -- you could be
7
confused when you read that term, because I would say,
8
to turn it around like you were suggesting but which I
9
disagreed with, that modulator could have all three
In fact, if you didn't do it
10
levels of modulation, but clearly it only has the first
11
level, and it uses it in an unconventional way.
12
think it's wise that Apple use the language of the -- of
13
the patent to clarify "symbol."
14
Q.
So I
Let me ask it one more time.
15
You have not seen anything, either in the
16
patent or in any other sources, textbooks, treatises,
17
papers, that describe a symbol as a modulated pattern,
18
correct?
19
20
MR. KOLOVOS:
A.
Same objection.
I -- sitting here today, I can't recall the
21
hundreds of thousands of papers that I've read, you
22
know.
23
done that in Google Scholar.
24
I'm not going to agree with you to that statement
25
because, you know, my memory is not that good.
We can put it into Google search.
I -- I haven't
So I can't -- you know,
TSG Reporting 877-702-9580
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1
Q.
But sitting here today, you can't identify the
2
use of "symbol" in any of these -- in any source where
3
"symbol" is defined as a modulated pattern?
4
MR. KOLOVOS:
Same objection.
5
Q.
Correct?
6
A.
In any extrinsic?
You know, I -- I -- I -- I
7
think that's -- you know, you're entitled to ask the
8
question.
9
can't instantly search all the papers, hundreds, if not
And I'd say I -- I -- I don't remember.
10
thousands, of papers in my 40-year career that I've
11
I
read, things that I've written, you know.
12
It's just simply that the use of the word for
13
element 280 modulator is, to me, nonstandard in mapping.
14
So, you know, it's a symbol.
15
pretty common as to what you're doing.
16
bits into a symbol.
17
doing in this special way in conformance with SMP.
18
Q.
19
Okay.
A bit mapper would be
You're mapping
That's what that element 280 is
Let me -- let me try one more time.
Sitting here today, you cannot identify any
20
source, any paper, treatise, book, anything that defines
21
a symbol as a modulated pattern; isn't that correct?
22
23
MR. KOLOVOS:
A.
Objection.
I -- I haven't tried to.
So, you know, if that
24
was an exercise that I was asked to do, I would go about
25
searching.
But I haven't attempted that.
TSG Reporting 877-702-9580
So I'm not
Page 99
1
going to say it doesn't exist, but I haven't attempted
2
to do that.
3
Q.
But you would agree to me -- with me that
4
sitting here today you cannot identify any book,
5
treatise, paper, any source outside of the patent itself
6
that defines "symbol" as a modulated pattern?
7
8
9
MR. KOLOVOS:
A.
Objection.
I'd just repeat my answer.
attempted to do that.
I -- I haven't
So you're asking me to sort of
10
reach a negative conclusion when I haven't attempted to
11
do the work.
12
Q.
So my question isn't -- it's not have you
13
attempted to do it.
14
today you haven't identified in your declaration, and
15
you can't identify -- sitting here, you can't identify
16
any paper, book, treatise, any source that defines
17
"symbol" as a modulated pattern, right?
18
19
MR. KOLOVOS:
I'm just saying that sitting here
A.
Objection.
I haven't been asked to do it, so I haven't
20
done it.
21
the answer to the question.
22
23
24
25
Q.
I haven't attempted to do it.
Okay.
I don't know
The next section --
MR. KOLOVOS:
You want to break for lunch
before we get to the next section?
MR. BRIGGS:
Sure.
TSG Reporting 877-702-9580
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1
2
THE VIDEOGRAPHER:
record.
We're going off the video
It's 12:35 p.m.
3
(Luncheon recess from 12:25 p.m. to 1:31 p.m.)
4
THE VIDEOGRAPHER:
5
6
7
We're on the video record.
It's 1:31 p.m.
BY MR. BRIGGS:
Q.
Dr. Gitlin, Apple's construction of "symbol"
8
has an interpretation of a modulated pattern in -- well,
9
strike that.
10
11
Apple's construction requires a symbol to be in
a sequence of such patterns.
12
A.
Yes.
13
Q.
Okay.
Do you see that?
Now, would you agree with me that a
14
symbol does not necessarily need to be in a sequence of
15
symbols?
16
A.
Yes.
17
Q.
Okay.
You can send one symbol.
So in defining "symbol," why do you
18
think it's proper to require that the symbol appear in a
19
sequence of symbols?
20
A.
Well, I think it's -- it's informative because
21
in these type of wireless and communication systems you
22
generally send a sequence of symbols.
23
24
25
Q.
But are you saying that the claim is actually
limited to sending a sequence of symbols?
MR. KOLOVOS:
Objection.
TSG Reporting 877-702-9580
Page 101
1
A.
You mean claim 11?
2
Q.
Yeah, claim 11.
3
A.
Well, I mean, an apparatus for receiving data
4
in the communication system comprising.
5
understood of someone in skill in the art that a
6
communication system, almost every system that I'm
7
familiar with, sends a sequence of symbols.
8
9
Q.
So it would be
But other than your understanding of what
somebody with skill in the art would believe, is there
10
anything in the claim language that you can point to
11
that requires a sequence of symbols to be sent?
12
A.
Well, I think it -- for example, if you look --
13
it's understood from the spec.
14
Figure 5, for example.
So look at the 64 QAM case, they
15
show you five symbols.
And --
16
Q.
So that was Figure?
17
A.
5.
18
Q.
5.
19
A.
Yeah.
So if you look at
So it shows five symbols under 64 QAM?
And it -- yes.
And there's a reason for
20
it, yeah, as I'm sure you're familiar with in the text.
21
But it's illustrative that -- that you're going to --
22
generally -- in this case, it's to accommodate some
23
limitation in memory.
24
have -- I think even in Figure 4 it shows for 64 QAM two
25
symbols.
But you're -- you're going to
But I think it's understood by -- when you say
TSG Reporting 877-702-9580
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1
I call level-one modulation, and can only talk about
2
level-one, what it calls, demodulation.
3
level-one mapping and level-one unmapping or demapping.
4
5
Q.
Okay.
So I'll call it
So you're disagreeing with how the
patent uses the terms "signal" and "symbol" here?
6
MR. KOLOVOS:
Objection.
7
A.
I'd like to read the patent in the column 21.
8
Q.
Okay.
9
A.
Yeah, I'm disagreeing.
I mean, if I look at
10
Figure 17, it -- it clearly shows that there's a signal
11
sample coming in.
12
And it's the -- the --
It's not clear at that point if the signal, the
13
received signal sample, has been -- was -- has been
14
resolved to one of 16 QAM points.
15
So there is some ambiguity.
16
simply going from one of 16 -- it's a demapper -- one of
17
16 points to a 4-bit pattern.
18
pattern has then split the stuff that's going to the
19
systematic deinterleaver and the parity deinterleaver.
20
Q.
Okay.
You don't see that.
But the demodulator is
And then that 4-bit
So I -- I guess the answer to my
21
question is, yes, you do disagree with how the patent
22
describes the received signal as being a symbol?
23
MR. KOLOVOS:
I object to the form.
24
Mischaracterizes both his testimony and what the
25
patent says.
TSG Reporting 877-702-9580
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1
A.
So the -- at the receiver you -- you have a
2
series of wave forms or samples, and those are proper to
3
refer to that as "signal" or "signal samples."
4
only, you know, when you're making a decision and
5
saying, "Which of the 16 constellation points or symbols
6
do you think has been transmitted," are you back into a
7
symbol.
8
never the case --
9
It's
So, you know, there is -- there is a -- it's
You're -- you're taking a received signal
10
sample, and you're mapping it through -- through some
11
decision device into one of these 16 points.
12
have a decision as to what you think the received --
13
what the symbol -- what you think what symbol was
14
transmitted.
15
is, I think, as I said, a poor choice of English, it
16
would be a demapper.
17
Q.
18
19
And you go through this demodulator which
So can a symbol be transmitted?
MR. KOLOVOS:
A.
Now you
Objection.
A symbol going through the three steps of
20
modulation.
21
signal by following these three steps.
22
pattern; you map it, in the language of the patent;
23
modulate it to a symbol.
24
and then you RFO modulate it.
25
is called a signal.
You -- you -- you generate a transmitted
You take a bit
You amplitude modulate PAM,
And that whole composite
TSG Reporting 877-702-9580
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1
2
So yes, that's the way you transmit symbols
or --
3
Q.
Okay.
4
A.
Symbols are inside a -- if you look inside the
So symbols are transmitted wirelessly?
5
airplane, there are symbols.
6
look -- if you look at the airplane, it's a signal.
7
what goes on the air is referred to as a signal.
If you look -- if you
8
Q.
And the signal contains symbols, correct?
9
A.
Yes.
10
Q.
And
So symbols are transmitted in a signal, and
11
12
symbols are received in a signal?
A.
The receiver operation is more complicated.
13
you -- the patent doesn't describe any of the
14
operations, other than these what I'll call
15
demodulated -- it's called demodulating or
16
So
demultiplexing.
17
And it -- so you receive a signal and you --
18
you undo the modulation through carrier frequency.
19
There are some other parameters in there.
20
acquisition, you undo the effects of the distortion of
21
channel, and now you're presented with a sequence of
22
numbers.
23
received signal samples.
24
25
And for phase
So I think people would say that those are the
And if you looked at those on a plot where you
have the 16 possible points, you'd have a bunch of fuzz.
TSG Reporting 877-702-9580
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1
A.
I read it.
2
Q.
Okay.
3
A.
I disagree.
4
Q.
Okay.
5
A.
It's the same issue, that the -- so let me read
6
So do you agree or disagree with that?
So why do you disagree?
the word.
7
What Apple, the construction says, a modulator
8
that is a map pattern.
9
and a pattern of bits and modulating it, using the
10
So that's taking a group of bits
terminology of the patent.
11
So as I've said many times, in 16 QAM you take
12
4 bits, and you produce one of those 16 constellation
13
points.
14
So -- so the demodulator is acting in an
15
ordinary fashion to convert or -- this is -- you have
16
a -- at the --
17
The way demodulator is used here is a demapper.
18
You already decided, for whatever receiver mechanism you
19
had, that the input of the demodulator is one of
20
16 points.
21
into -- one of those 16 points into 4 bits.
22
that's -- you know.
23
So the demodulator is simply a demapper
And
And -- and Apple is not claiming that a symbol
24
is itself a pattern.
25
taking the pattern and then modulating it to one of
It's a modulated pattern.
TSG Reporting 877-702-9580
So it's
Page 120
1
16 points.
2
Q.
3
That's what a symbol is.
Let's -- let's turn to the next section of
Dr. Wessel's declaration.
4
A.
Where are you?
5
Q.
On subsection B, between paragraphs 25 and 26.
6
THE WITNESS:
I'm going to need to take a break
7
in a couple of minutes.
8
take it now?
9
11
I want to go to the bathroom.
MR. BRIGGS:
10
Yeah.
THE VIDEOGRAPHER:
record.
Is this a good place to
We're going off the video
It's 2:17 p.m.
12
(Recess from 2:17 p.m. until 2:28 p.m.)
13
THE VIDEOGRAPHER:
14
15
16
17
We're on the video record.
Its 2:28 p.m.
BY MR. BRIGGS:
Q.
Dr. Gitlin, can you turn back to page 5 of
Dr. Wessel's declaration.
18
So I wanted to ask you some more questions
19
about Samsung's alternative construction.
20
talked about the first part that says a "modulated
21
signal," and you disagreed that that was correct.
22
23
We just
Now I want to ask you if you disagree with the
remainder of that proposed construction, which states --
24
A.
How would you parse it?
25
Q.
Well, that part says that a symbol represents a
TSG Reporting 877-702-9580
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1
number of bits specified according to the modulation
2
technique.
3
I mean, would you agree that a symbol
4
represents a number of bits specified according to a
5
modulation technique?
6
A.
Yes.
7
Q.
Okay.
So your real issue with Samsung's
8
proposed construction is the portion that states "a
9
modulated signal"?
10
A.
Yes.
11
Q.
And you don't agree that it's a signal; you
12
13
believe it's a modulated pattern?
A.
Yes.
And that -- that language is what -- the
14
way the patent refers the use of the word "modulator."
15
I mean, as I said many times, I'm -- every time I'm
16
seeing that "modulator," I'm saying "mapper," because
17
that's the language that I'm familiar with, a bit
18
mapper.
19
excuse me.
20
Q.
21
22
23
24
25
You map bits into the signal -- to a symbol,
Yeah, we've got a lot of tongue twisters today.
MR. KOLOVOS:
And given that the whole dispute
seems to be is it "symbol" or is it "signal."
MR. BRIGGS:
Hopefully you've been watching
over us.
MR. KOLOVOS:
I've been trying to, trying to,
TSG Reporting 877-702-9580
Page 122
1
trying keep an eye on that.
2
Q.
3
Can you turn to page -- or paragraph 38 of
Dr. Wessel's declaration?
4
A.
Let me -- let me just -- this is in...
5
Q.
And you might want to refer back to
6
7
paragraph 74 of your declaration.
A.
8
9
10
I have paragraph 74.
the end of it.
13
Yeah.
Okay.
Let's make sure I got to
38.
Let me -- it goes on
to the next page.
11
12
There's where I'm going.
Okay.
Q.
I think I read them all.
Okay.
So why don't we start with paragraph 74
of your declaration.
14
You make a statement in the middle of this
15
paragraph that it would be -- you state, "It would be
16
incorrect to refer to the entire sequence as a single
17
symbol.
18
a signal representative data would be incorrect because
19
it would fail to distinguish between a single symbol and
20
a sequence of such symbols."
21
22
Okay.
25
So what is -- what is your concern that
you're expressing here in paragraph 74?
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24
Accordingly, a construction for symbols such as
MR. KOLOVOS:
A.
Objection.
It's, as I recall, it's intended to distinguish
between a symbol and a signal.
I mean, it's that the --
TSG Reporting 877-702-9580
Exhibit E
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