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

Filing 475

MOTION for Attorney Fees by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Sostek, Bruce)

EXHIBIT C

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
WI-LAN INC.,
Plaintiff,
v.
ALCATEL-LUCENT USA INC.; et al.
Defendants.

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Civil Action No. 6:10-cv-521-LED

JURY TRIAL DEMANDED

EXPERT REPORT OF JONATHAN WELLS
REGARDING INFRINGEMENT OF
U.S. PATENT NOs. 6,088,326, 6,195,327, 6,222,819 AND 6,381,211
Highly Confidential—Attorneys Eyes Only—Computer Source Code

Respectfully Submitted,

___________________
Jonathan Wells, Ph.D.

Highly Confidential—Attorneys Eyes Only—Computer Source Code

I.

INTRODUCTION
1.

My name is Jonathan Andrew Wells. I have been retained by Vinson & Elkins on

behalf of Wi-LAN Inc. (“Wi-LAN”) to prepare a report in connection with the litigation involving
Wi-LAN and Alcatel-Lucent USA Inc. (“Alcatel-Lucent”), Sony Mobile Communications AB and
Sony Mobile Communications (USA) Inc. (“Sony”), HTC Corporation, HTC America, Inc, Exedea
Inc. (“HTC”), and Telefonaktiebolaget LM Ericsson and Ericsson Inc. (“Ericsson”) (collectively
“Defendants”).
2.

I have been asked to analyze and opine whether certain products sold by Alcatel-

Lucent and Ericsson infringe claims 1-10 of United States Patent No. 6,088,326 (“the ’326 Patent”)
(titled “Processing Data Transmitted And Received Over A Wireless Link Connecting A Central
Terminal And A Subscriber Terminal Of A Wireless Telecommunications System”), claims 1, 5, 8,
10-13, and 15 of United States Patent No. 6,195,327 (“the ’327 Patent”) (titled “Controlling
Interference In A Cell Of A Wireless Telecommunications System”), and claim 11 United States
Patent No. 6,222,819 (“the ’819 Patent”) (“Processing Data Transmitted And Received Over A
Wireless Link Connecting A Central Terminal And A Subscriber Terminal Of A Wireless
Telecommunications System”). I have further been asked to analyze and opine whether certain
products sold by HTC and Sony infringe claims 1-5 of United States Patent No. 6,381,211 (“the
’211 Patent”) (titled “Processing Data Transmitted And Received Over A Wireless Link
Connecting A Central Terminal And A Subscriber Terminal Of A Wireless Telecommunications
System”).
3.

I hereby submit this expert report (“Report”) as a statement of opinions I intend to

express in the above-captioned action, and the bases therefor. I attach to this Report as an exhibit
my curriculum vitae, which includes a list of publications I have authored or co-authored and a list
of cases in which I have consulted or testified as an expert. (Exhibit A). I also attach a list of
documents and materials, in addition to those materials cited in this Report, which I reviewed.
(Exhibit B).
4.

The opinions stated in this Report are based on information currently available to

me. I reserve the right to continue my investigation and study, which may include a review of
documents and information not yet produced, as well as deposition testimony from depositions for
which transcripts are not yet available and that may not yet be taken in this case. Therefore, I
reserve the right to expand or modify this Report as my investigations and study continue, and to
1
Highly Confidential—Attorneys Eyes Only—Computer Source Code