Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 663

EXHIBITS re #660 Administrative Motion to File Under Seal Apple Inc.'s Notice of Motion and Motion for Partial Summary Judgment Exhibits to Mueller Declaration ISO Apple's Motion for Partial Summary Judgment [660-9] filed byApple Inc.(a California corporation). (Attachments: #1 Exhibit Mueller Decl Exhibit 43, #2 Exhibit Mueller Decl Exhibit 44, #3 Exhibit Mueller Decl Exhibit 45, #4 Exhibit Mueller Decl Exhibit 46, #5 Exhibit Mueller Decl Exhibit 47, #6 Exhibit Mueller Decl Exhibit 48, #7 Exhibit Mueller Decl Exhibit 49, #8 Exhibit Mueller Decl Exhibit 50, #9 Exhibit Mueller Decl Exhibit 51, #10 Exhibit Mueller Decl Exhibit 52, #11 Exhibit Mueller Decl Exhibit 53, #12 Exhibit Mueller Decl Exhibit 54, #13 Exhibit Mueller Decl Exhibit 55, #14 Exhibit Mueller Decl Exhibit 56, #15 Exhibit Mueller Decl Exhibit 57, #16 Exhibit Mueller Decl Exhibit 58, #17 Exhibit Mueller Decl Exhibit 59, #18 Exhibit Mueller Decl Exhibit 60, #19 Exhibit Mueller Decl Exhibit 61, #20 Exhibit Mueller Decl Exhibit 62, #21 Exhibit Mueller Decl Exhibit 63, #22 Exhibit Mueller Decl Exhibit 64, #23 Exhibit Mueller Decl Exhibit 65)(Related document(s) #660 ) (Selwyn, Mark) (Filed on 1/25/2012)

Mueller Exhibit 62

EXHIBIT H

SAMSUNG’S PATENT L.R. 3-1(A)-(D) DISCLOSURES FOR
U.S. PATENT NO. 7,447,516

1

ASSERTED CLAIM
(PATENT L.R. 3-1(A))

ACCUSED INSTRUMENTALITY AND HOW EACH ELEMENT IS MET BY
ACCUSED INSTRUMENTALITY
(PATENT L.R. 3-1(B)-(D))
1. A method for transmitting data of a first Apple's 3G Products1 transmit data of a first channel not supporting Hybrid Automatic
channel not supporting Hybrid Automatic Retransmission Request (HARQ) and a second channel supporting the HARQ in a mobile
Retransmission Request (HARQ) and a
telecommunication system which supports an enhanced uplink service. Apple infringes
second channel supporting the HARQ in a this claim because it has performed each and every step of this claim, including but not
mobile telecommunication system which
limited to through testing and use by its employees. Apple also infringes this claim by
supports an enhanced uplink service, the
selling Apple's 3G Products to customers and encouraging those customers to use the
method comprising the steps of:
products in a manner that meets each and every step of this claim.
For example, the Apple HSUPA Products support enhanced uplink service via HSUPA2
described in 3GPP[1-3]3 using a radio transceiver including a baseband processor. Figure
1 of 3GPP[1] shows the spreading of the uplink dedicated physical channels.
DPCCH
DPDCHs

Sdpch

Spreading
Sdpch,n
Shs-dpcch

HS-DPCCH

Spreading
E-DPDCHs
E-DPCCH

Σ

I+jQ
S

Se-dpch

Spreading

Figure 1: Spreading for uplink dedicated channels
1

“Apple’s 3G Products” include iPhone 3G, iPhone 3GS, iPhone4, iPad 3G, iPad2 3G and any other products compliant with 3GPP UMTS standard.
See, e.g., iPhone 4 Technical Specifications, available at http://www.apple.com/iphone/specs.html. Similar technical specifications are available for the
other Apple HSUPA Products, indicating that each supports and uses HSUPA.
3
As defined herein, “3GPP[1-3]” means 3GPP TS 25.213 v6.4.0 (2005-09) (Release 6) (“3GGP[1]”); TS 25.214 v6.6.0 (2005-06) (Release 6) (“3GGP[2]”);
and TS 25.309 v6.6.0 (2006-03) (Release 6) (“3GPP[3]”); corresponding disclosure may be found in earlier versions as well.
2

2

The E-DPDCH channels support HARQ (see 3GPP[3] § 6.1; 7.3.6; 8) while the DPDCH
channels do not. Id. at § 7.3.6.

determining transmit power factors for the
channels and determining if total transmit
power required for transmission of the
channels exceeds the maximum allowed
power;

One HARQ entity is capable of supporting multiple instances (HARQ processes) of stop
and wait HARQ protocols. Each process is responsible for generating ACKs or NACKs
indicating delivery status of E-DCH transmissions. The HARQ entity handles all tasks that
are required for the HARQ protocol. Id. (emphasis added).
Apple's 3G Products determine transmit power factors for the channels and determine if
total transmit power required for transmission of the channels exceeds the maximum
allowed power.
For example, βed,k represents the transmit power factors (e.g., gain factors) for the
E-DPDCH channels.
ced,1

βed,1

iqed,1

ced,k

βed,k

iqed,k

E-DPDCH1
.
.
.
.
E-DPDCHk
.
.
.
.

ced,K

βed,K

iqed,K

cec

βec

Σ

I+jQ
Se-dpch

iqec

E-DPDCHK

E-DPCCH

Figure 1C: Spreading for E-DPDCH/E-DPCCH
“The value of βed,k shall be computed as specified in [6] subclause 5.1.2.5B.2, based on the
3

reference gain factors, the spreading factor for E-DPDCHk, the HARQ offsets, and the
quantization of the ratio βed,k/βc into amplitude ratios specified in Table 1B.2 for the case
when E-TFCI ≤ E-TFCIec,boost and Table 1.B.2B, for the case when E-TFCI >
E-TFCIec,boost.” 3GPP[1] § 4.2.1.3.
The computation of the corresponding gain factors for the DPDCH channels is described in
3GPP[1] § 4.2.1.1.
As explained in 3GPP[2], “[w]hen E-DCH is configured, if the total UE transmit power
(after applying DPCCH power adjustments and gain factors) would exceed the maximum
allowed value, the UE shall firstly reduce all the E-DPDCH gain factors βed,k by an equal
scaling factor to respective values βed,k,reduced so that the total transmit power would be equal
to the maximum allowed power. 3GPP[2] § 5.1.2.6.
scaling-down the transmit power factor for Apple's 3G Products scale-down the transmit power factor for the second channel if the
the second channel if the total transmit
total transmit power exceeds the maximum allowed power.
power exceeds the maximum allowed
power; and
For example, as explained in 3GPP[2], “[w]hen E-DCH is configured, if the total UE
transmit power (after applying DPCCH power adjustments and gain factors) would exceed
the maximum allowed value, the UE shall firstly reduce all the E-DPDCH gain factors βed,k
by an equal scaling factor to respective values βed,k,reduced so that the total transmit power
would be equal to the maximum allowed power." Id.
transmitting data through the first and
second channels using the scaled-down
transmit power factor for the second
channel and the transmit power factor for
the first channel.

Apple's 3G Products transmit data through the first and second channels using the
scaled-down transmit power factor for the second channel and the transmit power factor for
the first channel.
For example, spreading of the uplink dedicated physical channels (DPCCH, DPDCHs,
HS-DPCCH, E-DPCCH, E-DPDCHs) is used to transmit data through the E-DPDCH and
DPDCH data channels. See 3GPP[1] § 4.2.1.
4

DPCCH
DPDCHs

Sdpch

Spreading
Sdpch,n
Shs-dpcch

HS-DPCCH

Spreading
E-DPDCHs
E-DPCCH

Σ

I+jQ
S

Se-dpch

Spreading

Figure 1: Spreading for uplink dedicated channels
Claim 2
2. The method as claimed in claim 1,
wherein the scaling step is performed on a
slot-by-slot basis.
Claim 3
3. The method as claimed in claim 1,
wherein the total transmit power is
determined based on the transmit power
factors for the first and second channels
and a Transmit Power Control (TPC)
command issued by the system.

Apple's 3G Products scale-down the transmit power factor on a slot-by-slot basis.
For example, “[a]ny scaling, and any reduction in the E-DPDCH gain factor as described
above, shall only be applied or changed at a DPCCH slot boundary.” 3GPP[2] § 5.1.2.6.
Apple's 3G Products determine the total transmit power based on the transmit power factors
for the first and second channels and a Transmit Power Control (TPC) command issued by
the system.
For example, the initial transmit power of the DPCCH and DPDCH channels are set by
higher layers and then through uplink TPC procedures:
The initial uplink DPCCH transmit power is set by higher layers. Subsequently the uplink
transmit power control procedure simultaneously controls the power of a DPCCH and its
corresponding DPDCHs (if present). The relative transmit power offset between
DPCCH and DPDCHs is determined by the network and is computed according to
subclause 5.1.2.5 using the gain factors signalled to the UE using higher layer signalling.
Id. § 5.1.2.1.
TPC commands are derived using one of two supported algorithms described in 3GPP[2] §§
5.1.2.2.2 and 5.1.2.2.3.
5

“After deriving of the combined TPC command TPC_cmd using one of the two supported
algorithms, the UE shall adjust the transmit power of the uplink DPCCH with a step of
βDPCCH (in dB) which is given by: βDPCCH = βTPC × TPC_cmd.” 3GPP[2] § 5.1.2.2.1.
Claim 4
4. The method as claimed in claim 1,
further comprising the step of equally
scaling transmit power factors
corresponding to the other channels
comprising the first channel when the
transmit power factor for the second
channel is scaled down below a
predetermined minimum value.

Apple's 3G Products equally scale transmit power factors corresponding to the other
channels comprising the first channel when the transmit power factor for the second channel
is scaled down below a predetermined minimum value.
For example, predetermined minimum gain factors are specified in Table 1B.2 and
described in 3GPP[2] § 5.1.2.6. Any additional scaling maintains enumerated power
ratios, as described below, so that equal scaling results.
In case a DPDCH is configured, if any βed,k,reduced/βc is less than the smallest
quantized value of Table 1B.2 in [3] subclause 4.2.1.3, DTX may be used on that
E-DPDCH (E-DPCCH is, however still transmitted using βec).
In case no DPDCH is configured, if any βed,k,reduced/βc is less than (8/15)/βc, that βed,k
shall be set to βed,k,min such that βed,k,min/βc = min ((8/15)/βc, βed,k,original/βc), where
βed,k,original denotes the E-DPDCH gain factor before reduction.
In the following cases, the UE shall then apply additional scaling to the total
transmit power so that it is equal to the maximum allowed power:
if a DPDCH is configured and the total UE transmit power would still
exceed the maximum allowed value even though DTX is used on all E-DPDCHs;
if no DPDCH is configured and the total UE transmit power would still
exceed the maximum allowed value even though βed,k is equal to βed,k,min for all k.
Any additional scaling of the total transmit power as described above shall be
such that the power ratio between DPCCH and DPDCH, between DPCCH and
6

HS-DPCCH, and between DPCCH and E-DPCCH, remains as required by
sub-clauses 5.1.2.5, 5.1.2.5A and 5.1.2.5B.1, and such that the power ratio between
each E-DPDCH and DPCCH remains as required by βed,k,min/βc if DTX is not used
on E-DPDCH. Any slot-level scaling of βed or DTX of E-DPDCH as described
above is applied at layer 1 only and is transparent to higher layers.
Id. § 5.1.2.6 (emphasis added).
Claim 5
5. The method as claimed in claim 4,
Apple's 3G Products include a predetermined minimum value indicating a status where the
wherein the predetermined minimum value second channel is not transmitted.
indicates a status where the second channel
is not transmitted.
For example, the predetermined minimum gain factors specified in Table 1B.2 and
described in 3GPP[2] § 5.1.2.6 indicate a discontinuous transmission (DTX) status where
the E-DPDCH channel is not transmitted. See claim 4.
Claim 6
6. The method as claimed in claim 1,
Apple's 3G Products equally scale transmit power factors for the other channels exclusive of
further comprising the step of equally
the second channel if the total transmit power still exceeds the maximum allowed power
scaling transmit power factors for the other even after the transmit power factor for the second channel has been scaled-down.
channels exclusive of the second channel if
the total transmit power still exceeds the
For example:
maximum allowed power even after the
transmit power factor for the second
In the following cases, the UE shall then apply additional scaling to the total transmit
channel has been scaled-down.
power so that it is equal to the maximum allowed power:
- if a DPDCH is configured and the total UE transmit power would still exceed the
maximum allowed value even though DTX is used on all E-DPDCHs;
- if no DPDCH is configured and the total UE transmit power would still exceed the
maximum allowed value even though βed,k is equal to βed,k,min for all k.
Any additional scaling of the total transmit power as described above shall be such
that the power ratio between DPCCH and DPDCH, between DPCCH and
HS-DPCCH, and between DPCCH and E-DPCCH, remains as required by
7

sub-clauses 5.1.2.5, 5.1.2.5A and 5.1.2.5B.1, and such that the power ratio between
each E-DPDCH and DPCCH remains as required by βed,k,min/βc if DTX is not used on
E-DPDCH. Any slot-level scaling of βed or DTX of E-DPDCH as described above is
applied at layer 1 only and is transparent to higher layers.
Id. § 5.1.2.6.
Claim 9
9. The method as claimed in claim 1,
wherein in the scaling step, the transmit
power factor for the second channel is
scaled when data of the second channel to
be transmitted is retransmission data.

Apple's 3G Products scale-down the transmit power factor for the second channel when data
of the second channel to be transmitted is retransmission data.
For example:
Any scaling, and any reduction in the E-DPDCH gain factor as described above, shall
only be applied or changed at a DPCCH slot boundary. In order that the total UE transmit
power does not exceed the maximum allowed value the scaling or E-DPDCH gain factor
reduction shall be computed using the maximum HS-DPCCH power transmitted in the
next DPCCH slot. In the case that either an ACK or a NACK transmission will start
during the next DPCCH slot, the maximum HS-DPCCH power shall be computed using
one of the following:
(a) whichever of ∆ACK and ∆NACK will be used according to whether the transmission
will be ACK or NACK, or
(b) whichever of ∆ACK and ∆NACK is the largest.
Id. § 5.1.2.6.

Claim 10
10. The method as claimed in claim 1,
wherein when data of the second channel
to be transmitted is initial transmission
data, transmit power factors for all the
channels comprising the second channel

Apple's 3G Products scale-down the transmit power factor for the second channel when data
of the second channel to be transmitted is initial transmission data, and the transmit power
factors for all the channels comprising the second channel are equally scaled such that the
total transmit power does not exceed the maximum allowed power.
8

are equally scaled such that the total
transmit power does not exceed the
maximum allowed power.

For example, k E-DPDCH channels may be transmitted simultaneously.
the gain factor for each E-DPDCH channel.
ced,1

βed,1

iqed,1

ced,k

βed,k

ed,k represents

iqed,k

E-DPDCH1
.
.
.
.
E-DPDCHk
.
.
.
.

ced,K

βed,K

iqed,K

cec

βec

Σ

I+jQ
Se-dpch

iqec

E-DPDCHK

E-DPCCH

Figure 1C: Spreading for E-DPDCH/E-DPCCH
“The value of βed,k shall be computed as specified in [6] subclause 5.1.2.5B.2, based on the
reference gain factors, the spreading factor for E-DPDCHk, the HARQ offsets, and the
quantization of the ratio βed,k/βc into amplitude ratios specified in Table 1B.2 for the case
when E-TFCI ≤ E-TFCIec,boost and Table 1.B.2B, for the case when E-TFCI >
E-TFCIec,boost.” 3GPP[1] § 4.2.1.3.
The computation of the corresponding gain factors for the DPDCH channels is described in
3GPP[1] § 4.2.1.1.
As explained in 3GPP[2], “[w]hen E-DCH is configured, if the total UE transmit power
(after applying DPCCH power adjustments and gain factors) would exceed the maximum
allowed value, the UE shall firstly reduce all the E-DPDCH gain factors βed,k by an equal
scaling factor to respective values βed,k,reduced so that the total transmit power would be equal
9

to the maximum allowed power." 3GPP[2] § 5.1.2.6.
Claim 14
14. The method as claimed in claim 1,
wherein the transmit power factors are
determined based on Transport Formats
(TF) which are selected according to
scheduling assignment information
received from a Node B, respectively.

Apple's 3G Products determine the transmit power factors based on Transport Formats (TF)
which are selected according to scheduling assignment information received from a Node
B, respectively.
For example, “[s]cheduling and transport format selection is controlled by the MAC-hs
sublayer in the Node B.” Id. § 6A.1.
The transmit gain factors are determined based on each Transport Format Combination
(TFC) used. As explained in 3GPP[2] § 5.1.2.5.1:
The uplink DPCCH and DPDCH(s) are transmitted on different codes as defined in
subclause 4.2.1 of [3]. In the case that at least one DPDCH is configured, the gain factors
βc and βd may vary for each TFC. There are two ways of controlling the gain factors of
the DPCCH code and the DPDCH codes for different TFCs in normal (non-compressed)
frames:


βc and βd are signalled for the TFC, or


βc and βd is computed for the TFC, based on the signalled settings for a reference
TFC.
Combinations of the two above methods may be used to associate βc and βd values to all
TFCs in the TFCS. The two methods are described in subclauses 5.1.2.5.2 and 5.1.2.5.3
respectively. Several reference TFCs may be signalled from higher layers.
The gain factors may vary on radio frame basis depending on the current TFC used.
Further, the setting of gain factors is independent of the inner loop power control.
After applying the gain factors, the UE shall scale the total transmit power of the DPCCH
and DPDCH(s), such that the DPCCH output power follows the changes required by the
10

power control procedure with power adjustments of ∆DPCCH dB, subject to the provisions
of sub-clause 5.1.2.6.
Id. § 5.1.2.5.1. See also § 5.1.2.6.
Claim 15
15. An apparatus for transmitting data of a
first channel not supporting Hybrid
Automatic Repeat reQuest (HARQ) and a
second channel supporting the HARQ in a
mobile telecommunication system which
supports an enhanced uplink service, the
apparatus comprising:
a controller for determining transmit power
factors for the channels,

determining if total transmit power
required for transmission of the channels
exceeds the maximum allowed power, and
scaling down the transmit power factor for
the second channel if the total transmit
power exceeds the maximum allowed
power;
first and second channel generators for
generating first and second data frames by
performing channel-coding and modulation
of the first and second channel data; and

Apple's 3G Products include an apparatus for transmitting data of a first channel not
supporting Hybrid Automatic Repeat reQuest (HARQ) and a second channel supporting the
HARQ in a mobile telecommunication system which supports an enhanced uplink service.
For example, each of Apple's 3G Products includes a radio transceiver and baseband
processor. See claim 1.
Apple's 3G Products include a controller for determining transmit power factors for the
channels.
For example, each of Apple's 3G Products includes a radio transceiver and baseband
processor that determines transmit power factors for the various channels supported by the
transceiver. See claim 1.
Apple's 3G Products determine if total transmit power required for transmission of the
channels exceeds the maximum allowed power. See claim 1.
Apple's 3G Products scale down the transmit power factor for the second channel if the total
transmit power exceeds the maximum allowed power. See claim 1.

Apple's 3G Products include first and second channel generators for generating first and
second data frames by performing channel-coding and modulation of the first and second
channel data.
For example, spreading of the uplink dedicated physical channels (DPCCH, DPDCHs,
HS-DPCCH, E-DPCCH, E-DPDCHs) is used to transmit data through the E-DPDCH and
DPDCH data channels. See 3GPP[1] § 4.2.1.
11

DPCCH
DPDCHs

Sdpch

Spreading
Sdpch,n
Shs-dpcch

HS-DPCCH

Spreading
E-DPDCHs
E-DPCCH

Σ

I+jQ
S

Se-dpch

Spreading

Figure 1: Spreading for uplink dedicated channels
Code generation and allocation is specified in 3GPP[1] § 4.3. Uplink modulation is
specified in 3GPP[1] § 4.4.
a gain scaling unit for adjusting the
Apple's 3G Products include a gain scaling unit for adjusting the transmit powers of the first
transmit powers of the first and second
and second channels, with which the data frames of the first and second channels is
channels, with which the data frames of the transmitted, using the scaled transit power factor for the second channel and the transmit
first and second channels is transmitted,
power factor for the first channel.
using the scaled transit power factor for the
second channel and the transmit power
For example, spreading units are provided for each type of uplink channel. The spreading
factor for the first channel.
units multiply the channel signals by gain factors in order to control the transmit power of
each channel. With regard to the DPDCH/DPCCH channels, “[a]fter channelisation, the
real-valued spread signals are weighted by gain factors, βc for DPCCH, βd for all
DPDCHs.” See 3GPP[1] § 4.2.1.1.

12

cd,1

βd

cd,3

βd

DPDCH1

DPDCH3

Σ
cd,5

I

βd

DPDCH5

I+jQ
cd,2

cd,4

βd

cd,6

βd

cc

βc

Sdpch

βd

DPDCH2

DPDCH4

DPDCH6

Σ

Q

j

DPCCH

Figure 1A: Spreading for uplink DPCCH/DPDCHs

With regard to E-DPDCH/E-DPCCH channels, [a]fter channelisation, the real-valued
spread E-DPCCH and E-DPDCHk signals shall respectively be weighted by gain factor βec
and βed,k.”

13

ced,1

βed,1

iqed,1

ced,k

βed,k

iqed,k

E-DPDCH1
.
.
.
.
E-DPDCHk
.
.
.
.

ced,K

βed,K

iqed,K

cec

βec

Σ

I+jQ
Se-dpch

iqec

E-DPDCHK

E-DPCCH

Figure 1C: Spreading for E-DPDCH/E-DPCCH
Claim 16
16. The apparatus as claimed in claim 15,
wherein the controller scales the transmit
power factor for the second channel from
slot to slot when the total transmit power
exceeds the maximum allowed power.
Claim 17
17. The apparatus as claimed in claim 15,
wherein the controller determines the total
transmit power based on the transmit
power factors for the first and second
channels and a TPC command issued by
the system.
Claim 18
18. The apparatus as claimed in claim 15,
wherein the controller equally scales
transmit power factors corresponding to the
other channels comprising the first channel

The controller of Apple's 3G Products scales the transmit power factor for the second
channel from slot to slot when the total transmit power exceeds the maximum allowed
power. See claim 2.

The controller of Apple's 3G Products determines the total transmit power based on the
transmit power factors for the first and second channels and a TPC command issued by the
system. See claim 3.

The controller of Apple's 3G Products equally scales transmit power factors corresponding
to the other channels comprising the first channel when the transmit power factor for the
second channel is scaled-down below a predetermined minimum value. See claim 4.
14

when the transmit power factor for the
second channel is scaled-down below a
predetermined minimum value.
Claim 19
19. The apparatus as claimed in claim 18,
wherein the predetermined minimum value
indicates a status where the second channel
is not transmitted.
Claim 20
20. The apparatus as claimed in claim 15,
wherein the controller equally scales
transmit power factors for the other
channels exclusive of the second channel if
the total transmit power still exceeds the
maximum allowed power even after the
transmit power factor for the second
channel has been scaled.
Claim 23
23. The apparatus as claimed in claim 15,
wherein the controller scales the transmit
power factor for the second channel when
data of the second channel to be
transmitted is retransmission data.
Claim 24
24. The apparatus as claimed in claim 15,
wherein when data of the second channel
to be transmitted is initial transmission
data, the controller equally scales transmit
power factors for all the channels
comprising the second channel such that
the total transmit power does not exceed
the maximum allowed power.

The predetermined minimum value of Apple's 3G Products indicates a status where the
second channel is not transmitted. See claim 5.

The controller of Apple's 3G Products equally scales transmit power factors for the other
channels exclusive of the second channel if the total transmit power still exceeds the
maximum allowed power even after the transmit power factor for the second channel has
been scaled. See claim 6.

The controller of Apple's 3G Products scales the transmit power factor for the second
channel when data of the second channel to be transmitted is retransmission data. See
claim 9.

The controller of Apple's 3G Products equally scales transmit power factors for all the
channels comprising the second channel such that the total transmit power does not exceed
the maximum allowed power when data of the second channel to be transmitted is initial
transmission data. See claim 10.

15

Claim 28
28. The apparatus as claimed in claim 15,
wherein the transmit power factors are
determined based on Transport Formats
(TF) which are selected according to
scheduling assignment information
received from a Node B, respectively.

Apple's 3G Products use transmit power factors that are determined based on Transport
Formats (TF) which are selected according to scheduling assignment information received
from a Node B, respectively. See claim 14.

16