WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 187

REPLY to Response to Motion re 174 MOTION for Partial Summary Judgment that Patent Claims Are Indefinite filed by Alcatel-Lucent USA Inc., Ericsson Inc., Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit 1. Declaration of James Olivier, Ph.D.)(Wynne, Richard)

EXHIBIT 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION

WI-LAN INC.,
Plaintiff,
v.

CIVIL ACTION NO. 6:10–CV–521–LED

ALCATEL–LUCENT USA INC., et al.,
Defendants.

DECLARATION OF JAMES OLIVIER, PH.D.
1.

My name is James Olivier. I am over the age of 21 years and am competent to give the

testimony contained in this Declaration. All the facts set forth in this Declaration are within my
personal knowledge and are true and correct.
2.

I have a Ph.D. in the field of Electrical Engineering from the Ohio State University and

have been in the field of telecommunications for the past 22 years.
3.

I have extensive experience in the design and development of telecommunication

systems, including cellular products, for industry. I have developed and designed equipment for
telecommunication services since my start at AT&T Bell Laboratories in 1990, where I worked
on AT&T’s Autoplex Cellular Switching System as a Member of Technical Staff. After that I
went to DSC Switch Products Division where as a Senior Manager I designed a new generation
Base Station Controller for use by Motorola in their Centralized Base Station Controller. I then
worked at Samsung Telecommunications America designing their next generation cellular
switch, a UMTS switch. After that I worked at Marconi Communications Access division
designing access equipment shelves for the central office. I then worked at Navini Networks on

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their Broadband CDMA system. My C.V. is attached as Exhibit A to this Declaration.
4.

Through consulting firm McAlexander Sound, I have been retained by Thompson &

Knight LLP on behalf of Ericsson and Sony Mobile to offer opinions regarding certain technical
issues related to this matter.
5.

McAlexander Sound bills Thompson & Knight at the nominal rate of $425 per hour for

my services. No part of my compensation depends on the outcome of this case.
6.

In connection with my analysis, I have reviewed U.S. Patent Nos. 6,088,326 (the “’326

patent”) and 6,222,819 (the “’819 patent”). I have also reviewed the Declaration of Jonathan
Wells, Ph.D., Concerning Structure Supporting Means Plus Function Clauses, dated April 13,
2012.
7.

I understand that claim 6 of the ’326 patent claims a “central terminal . . . comprising

channelisation means for determining which of the orthogonal channels will be subject to TDM
techniques, and for transmitting that information to a plurality of subscriber terminals within the
wireless telecommunications system.”
8.

I further understand that claim 7 of the ’326 patent claims a “central terminal as claimed

in claim 6, wherein the channelisation means also determines, for those orthogonal channels
subject to TDM techniques, how many time slots will be provided within each orthogonal
channel.”
9.

I further understand that claim 10 of the ’819 patent claims a “central terminal . . .

comprising channelisation means for determining which of the orthogonal channels will be
subject to overlay codes, and for transmitting that information to a plurality of subscriber
terminals within the wireless telecommunications system.”
10.

For the purposes of my analysis I have applied Dr. Wells’s opinion that one of ordinary

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skill in the art is a person with a four-year degree in Electrical Engineering, Physics, or
Computer Science with some experience in cellular communications and computer
programming.
11.

In my opinion, one of ordinary skill in the art would find no algorithms disclosed in the

’326 patent for determining which of the orthogonal channels will be subject to TDM techniques
or for determining, for those orthogonal channels subject to TDM techniques, how many time
slots will be provided within each orthogonal channel.
12.

In my opinion, one of ordinary skill in the art would find no algorithms disclosed in the

’819 patent for determining which of the orthogonal channels will be subject to overlay codes.
13.

Further, in my opinion, none of the supposed algorithms that Dr. Wells constructs are

disclosed by the specifications of the ’326 or ’819 patents.
14.

In paragraphs 34 and 36 of his declaration, Dr. Wells proposes two versions of a

purported algorithm for determining which of the orthogonal channels will be subject to overlay
codes. None of the passages from the ’819 patent specification cited by Dr. Wells describe this
supposed algorithm.
15.

In paragraphs 25 and 26 of his declaration, Dr. Wells proposes two versions of a

purported algorithm for determining, for those channels subject to TDM techniques, how many
time slots will be provided within each orthogonal channel. None of the passages from the ’326
patent specification cited by Dr. Wells describe this supposed algorithm.
16.

In paragraphs 18 and 19 of his declaration, Dr. Wells proposes two versions of a

purported algorithm for determining which of the orthogonal channels will be subject to TDM
techniques, and for transmitting that information to a plurality of subscriber terminals within the
wireless telecommunications system. See Wells Declaration ¶ 20. None of the passages from the

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’326 patent specification cited by Dr. Wells describe this supposed algorithm.
17.

Moreover, in my opinion, Dr. Wells’s supposed algorithms do not perform the required

functions for determining.
18.

For example, Dr. Wells says the following is an algorithm for determining which of the

orthogonal channels will be subject to overlay codes, and for transmitting that information to
plurality of subscriber terminals within the wireless telecommunications system.
“First, the DA engine looks to whether the subscriber terminal which data will be
transmitted supports overlay codes. After establishing that a subscriber terminal to
which data is to be sent supports overlay codes, the DA engine considers the type
of data to be sent.” Wells Declaration ¶ 34.
This proposal does not explain how to determine which of the orthogonal channels will be
subject to overlay codes, and for transmitting that information to plurality of subscriber terminals
within the wireless telecommunications system. It states only that a consideration is made: “the
DA engine considers the type of data to be sent.”
19.

Dr. Wells says the following is an algorithm for determining, for those channels subject

to TDM techniques, how many time slots will be provided within each orthogonal channel.
“(1) consider the type of data that is to be transmitted in an orthogonal channel
and (2) choose a suitable number of time slots to provide within the orthogonal
channel to achieve an acceptable data rate.” Wells Declaration ¶ 26.
This proposal does not explain how to determine how many time slots will be provided within
each orthogonal channel. It states only that such a determination is made: “choose a suitable
number of time slots to provide within the orthogonal channel to achieve an acceptable data
rate.”
20.

Dr. Wells says the following is an algorithm for determining which of the orthogonal

channels will be subject to overlay codes, and for transmitting that information to plurality of
subscriber terminals within the wireless telecommunications system. See Wells ¶ 37.

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“First, the DA engine looks to whether the subscriber terminal which data will be
transmitted supports overlay codes. After establishing that a subscriber terminal to
which data is to be sent supports overlay codes, the DA engine considers the type
of data to be sent.” Wells Declaration ¶ 34.
This proposal does not explain how to determine how many time slots will be provided within
each orthogonal channel. It states only that a consideration is made: “the DA engine considers
the type of data to be sent.” Second, this proposal does not state anything about transmitting
information regarding which of the orthogonal channels will be subject to overlay codes to the
subscriber.
I declare under penalty of perjury of the laws of the United States of America that the
foregoing is true and correct.
Executed this 19th day of April, 2012.
_____________________________
Dr. James Olivier

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Exhibit A

Curriculum Vitae Dr. James L. Olivier
PROFESSIONAL SUMMARY
I have a Doctorate in Electrical Engineering, with a triple minor in the areas of
Computer Science, Microelectronics and Semiconductor Fabrication, and
Discrete Mathematics. For twenty two years, I have worked in basic and applied
research, in the areas of hardware and software systems design targeted to the
areas of wired and wireless data telecommunications. My work experience
began at various large research laboratories where I conducted basic research in
the fields of computer and communication system design, then moved on to
smaller more focused entities, where I developed a more practical understanding
of the hardware and software required for modern computer and communications
systems. For the past nine years, I have devoted my attention to industry
consulting.

EDUCATION PROFILE
Ph.D. Electrical Engineering, The Ohio State University, Columbus, Ohio, 1988
Dissertation: “Concurrent Error Detection in Arithmetic Processors using GAN
Codes”, Received separate minors in fields of Computer Science,
Microelectronics and Semiconductor Fabrication, and Discrete Mathematics.
Recipient of a prestigious Kodak Fellowship, awarded nationally to the top twelve
doctoral students in the field of physics and electrical engineering.
MS. Electrical Engineering, The Ohio State University, Columbus, Ohio, 1985
Thesis: “A Navigation System for a Vehicle with a Laser Rangefinder”; Major
areas of study were computer design and software engineering.
BS. Electrical Engineering, The Ohio State University, Columbus, Ohio, 1983
Graduated Cum Laude, recipient of Larmus Award, Summa Scholarship, and
Caldwell Scholarship.

CV

A-1

EXPERIENCE PROFILE
2003 - present


Patent related contract consulting including System, Product, and Program Code
investigation, expert witness services for protection of intellectual property;
Specialize in wireless and GPS platforms, networks, telephony protocol, and
broadband switching systems, including ATM.

2002


Navini Networks - Richardson, Texas
Senior Manager

Performed research and development in Navini’s Wireless CDMA broadband
System. Responsible for definition and implementation of layer 2 and layer 3
network protocols for Navini’s Broadband Wireless Products. Developed features
for network security, network services, service provisioning and subscriber
management in a CDMA network.

1999 – 2002


McAlexander Sound, Inc. - Richardson, Texas
Consultant

Marconi Communications - Irving, Texas
Manager of Systems Engineering

Responsible for design and development of new products and product evolution for
Marconi’s North American Access Division. Lead research and development efforts
into new hardware and software systems, providing a wide range of data and
telephony services. Designed new packet agnostic switching hardware and
associated microprocessor subsystem. Responsible for development of access
products ranging from high speed switching systems to complex management
systems.

1996– 1999

Samsung Telecommunications America - Richardson, Texas
Principal Engineer


CV

Responsible for Service Control subsystem of Samsung’s next
generation wireless broadband UMTS switching system.
Designed and developed a Java based platform for defining
services for Samsung’s next generation high-speed wireless
switch. Areas of responsibility include traditional telephony
services, wireless services, broadband services, and Internet
services.

A-2

EXPERIENCE PROFILE (continued):
1995 – 1996

DSC Switch Products Division – Plano, Texas
Senior Manager: IN Evolution and Business Planning


Responsible for competitive assessments, cost comparisons
and fitness of use of the entire DSC AIN product line. Directed
IN product evolution plans, actively interacting with key
customers and participating in relevant standards work.



Conceived and designed DSC’s Broadband Intelligent Network
products.

Senior Manager: ATM Systems Engineering Group


1990 – 1995

AT&T Bell Laboratories - Columbus, Ohio
Member of Technical Staff


1989 – 1990

Designed and implemented a variety of multiprocessor systems
for use in the telecommunications network. These include a
Signaling Processor Subsystem for AT&T’s Central Office ATM
Switch, a translation subsystem for AT&T Autoplex Cellular
Switching System and improvements to the Common Network
Interface (CNI) subsystem, which is a part of the 5ESS, 4ESS,
NCP, and STP product lines

General Motors Research Laboratories - Warren, Michigan
Senior Research Engineer: Computer Science Department


CV

Lead the systems engineering group in defining a new high
speed ATM switches for enterprise and telecommunication
networks. These efforts include the development of new
Application Specific Integrated Circuits, (ASICs), multiprocessor
architectures, communications subsystems, and software
architectures

Conducted research into basic computer science problems
associated with the future development of vehicular systems.
These areas include the design of fault tolerant control systems,
new cost affective microprocessor architectures and software
for reliability and performance modeling. Lead the development
of an automotive testbed for the evaluation of prototype
systems.

A-3

EXPERIENCE PROFILE (continued):
1988 – 1989

Harris Communications – Melbourne, Florida
Principal Engineer


Conducted research and development into innovative computer
systems for use in space systems. Studied coherency protocols
for microprocessor memory systems. Developed fault tolerant
multi-processor computer systems for use in Strategic Defense
Initiative.

PUBLICATIONS

Olivier, J., Ozguner, F. “A navigation algorithm for an intelligent vehicle with a laser
rangefinder”, Proceedings of the 1986 IEEE International Conference on Robotics and
Automation, Vol. 3, April 1986.
Olivier, J. L. and Ozguner, F. “Design of Concurrent Error Detecting Systolic Arrays
Using GAN Codes“ IEEE Transactions on Computer Aided Design, vol. 9, no. 10
October 1989.
Olivier, J.L. “Low Cost Residue Prediction for Improved Addition Efficiency”, G. M.
Research Publication, December 1989.
Olivier, J.L. and Tkacik, T.E., “RELY, a Markov Modeling Package for System Reliability
Prediction“ G.M. Research Publication, January 1990.

TECHNICAL CONSULTING

2005 – 2006


CV

Telstrat - Plano, Texas
Consultant

Responsible for the specification, design, and architecture of the Telstrat’s Next
Generation Access Product. Evaluated various approaches such as Metro Ethernet,
MPLS, 802.17, and 802.3 solutions. Platform delivers Video, including analog,
digital, HDTV and IP based voice, including packetized and local services, and
internet access.

A-4

TECHNICAL CONSULTING (continued):
2004 – 2005


CV

Crane Aerospace - Plano, Texas
Consultant

Conducted research into the specification, design, and architecture of the Crane
Wireless Sensor Network. Investigated scalability, address assignment, access, and
security for a large Wireless Sensor Network. This network is a layered selforganizing network of sensors incorporating deployed low cost sensors with a
potentially disposable goal. Intended applications include unattended “sentries” that
can be used in wide area battlefield, border security, and asset and force protection.

A-5