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

Filing 481

MOTION for New Trial CONCERNING THE NON-INFRINGEMENT OF CERTAIN CLAIMS OF U.S. PATENT NOS. 6,088,326; 6,222,819; 6,195,327 AND 6,381,211 by WI-LAN Inc.. (Attachments: # 1 Exhibit A - Trial Transcript (July 9, 2013 Morning Session), # 2 Exhibit B - Trial Transcript (July 11, 2013 Morning Session), # 3 Exhibit C - Trial Transcript (July 11, 2013 Afternoon Session), # 4 Exhibit D - Trial Transcript (July 10, 2013 Afternoon Session), # 5 Exhibit E - PX-1 - U.S. Patent No. 6,088,326, # 6 Exhibit F - PX-2 - U.S. Patent No. 6,195,327, # 7 Text of Proposed Order)(Weaver, David)

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WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al Doc. 481 Att. 4 Exhibit D Dockets.Justia.com 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION 2 3 WI-LAN, INC. ) 4 DOCKET NO. 6:10cv521 -vs- ) 5 Tyler, Texas 1:12 p.m. July 10, 2013 6 ALCATEL-LUCENT USA, INC., ET AL 7 ****************************************************** 8 WI-LAN, INC. ) ) DOCKET NO. 6:13cv252 9 10 -vsHTC CORPORATION, ET AL ) ) 11 12 13 14 15 TRANSCRIPT OF TRIAL AFTERNOON SESSION BEFORE THE HONORABLE LEONARD DAVIS, UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY 16 17 18 19 20 21 22 COURT REPORTERS: MS. SHEA SLOAN MS. JUDY WERLINGER 211 W. Ferguson Tyler, Texas 75702 shea_sloan@txed.uscourts.gov 23 24 25 Proceedings taken by Machine Stenotype; transcript was produced by a Computer. 178 1 Q. So on the right hand of this slide, I see 2 something called product information. 3 what that material is? Okay. Can you describe 4 A. This is what told me how the products 5 worked. 6 determine whether or not the claims read on to those 7 products. I had to know how the products worked to 8 So some of the things I looked at included 9 product documentation, descriptions of the products, 10 something called source code, which is very important. 11 The source code is the step-by-step 12 instructions that the processor follows to make the 13 system work. 14 were in -- that are in that base station have stored 15 source code that tell that base station how to go 16 through its various steps. 17 A lot of those little black chips that I looked at schematics. Schematics would be 18 drawings that show how the circuits fit together, how 19 the various chips and other things fit together. 20 21 22 And then finally, the standards that you've seen several times already. Q. Now, were you in the courtroom when Dr. Wells, 23 Wi-LAN's expert, testified that the '326, '819, and '327 24 patents are infringed by Alcatel-Lucent's HSDPA base 25 stations? 179 1 A. Yes. 2 Q. And do you agree with that conclusion? 3 A. No. 4 Q. And why don't you agree with that conclusion? 5 A. In order to infringe those claims, the ones 6 that he walked through several times, each and every 7 element has to be present. 8 It's my understanding from both judges and lawyers. 9 And I was not able to find each and every 10 That's what I've been told. element of any of those claims in the accused products. 11 Q. So -- 12 A. There were certain things that were 13 14 fundamentally missing. Q. So I'd like to just briefly summarize the -- 15 your opinion on that issue of infringement. 16 you tell us why you concluded that none of these three 17 patents are infringed by Alcatel-Lucent's HSDPA base 18 stations? 19 A. Okay. 20 of patents. And could So I looked at the two different sets The first set is the overlay code patents. 21 I found there were three fundamental things 22 that were missing, three things that were required by 23 the claims. 24 First off, I didn't see any overlay codes. 25 Furthermore, there was no second encoder. 180 1 Without any overlay codes, there's no encoder to encode 2 them. 3 And then third, there was no storage of set of 4 orthogonal codes. 5 would store all the orthogonal codes at the same time. 6 Q. At no point did I see any memory that And turning to the '327 patent, which you've 7 called the other cell interference patent, what did you 8 conclude about that patent? 9 A. Okay. The other cell interference patent had 10 some fundamental requirements, and I was unable to find 11 any example in the accused products where channels were 12 removed based on other cell interference. 13 Q. So I want to -- I'm going to go in detail 14 through each one of these conclusions that you've 15 reached in a moment; but before we get there, I'd like 16 to just take a brief step back and talk about some 17 general technical -- technical concepts that are behind 18 the issues that we're talking about in this case. 19 So turning to the next slide, could you 20 21 describe for us what we see here? A. Certainly. This shows a cellular network. 22 And what it shows is one cell phone that's taking a 23 picture of a beach scene. 24 attempting to transmit that picture through the network 25 to another cell phone, which is receiving it. And that cell phone is 181 1 So it's a transmitting cell phone on the left 2 and a receiving cell phone on the right. 3 phone takes the picture, and that picture is converted 4 into 0s and 1s. 5 So the cell Let me see if I can draw on this a little bit. 6 There you go. 7 picture. 8 9 10 Those are the 0s and 1s that make up that So the cell phone's first going to send those 0s and 1s to the base station. Now, the base station has connected to it an 11 antenna, which you see here. 12 of these antennas at various places. 13 receives those 0s and 1s and brings them down into the 14 base station, which is down here. 15 You've probably seen a lot That antenna Now, that base station is going to connect 16 those 0s and 1s into the phone network. 17 network connects you to the next area code, or it could 18 send you clear across the country. 19 The phone So the phone network, I've got right here. 20 what that's doing is sending those 0s and 1s -- let's 21 So say it's going from California to North Carolina. 22 So it's going to go all the way across country 23 until it reaches this base station here. That base 24 station is going to take those 0s and 1s, transmit them 25 through this antenna to the receiving cell phone. 199 1 original CDMA channels, and then we add the overlay 2 codes. 3 the last two elements that are combining to provide that 4 first solution. 5 Q. We've got the first two elements of Claim 5 and So just so I understand what you're -- what 6 you're telling us, the portion of the claim at the top, 7 which you've identified as first encoder, plus 8 orthogonal codes, plus orthogonal code generator, that 9 relates to CDMA; is that right? 10 A. That's right. That's correct. That's -- 11 that's the original system that I showed being limited 12 to four users. 13 Q. And then in looking at the bottom of the claim 14 where we see the second encoder, the additional overlay 15 codes and the overlay code generator, what is that -- 16 does that relate to the overlay code portion of this -- 17 of this solution? 18 19 20 A. That's right. That's what took our original 4 channels and let us cover up to 16 people. Q. Now, the other proposal that you mentioned, 21 the other solution that Airspan came up with that you 22 mentioned was the solution of adding CDMA plus time 23 division multiplexing. 24 25 Do we see that reflected in Claim 5 of the '326 patent? 200 1 A. We do. If you'll take a look on the right 2 side now, once again, we start from the same point. 3 start with the first encoder, orthogonal codes, and the 4 orthogonal code generator. 5 CDMA channels. 6 We Those are our original four But then we've got a TDM encoder, okay, time 7 division multiplexing. 8 talking. 9 your four channels, for example, and then people take 10 11 This is where people take turns So that's the second solution. You start with turns talking on each of those four. Q. Now, it appears that Claim 5 has both the 12 CDMA-plus-overlay-code solution and also the 13 CDMA-plus-time-division-multiplexing solution in the 14 same claim; is that -- is that right? 15 A. Well, both of them are there, but it's one or 16 the other. 17 about selective operability. 18 There's some language in here that talks If you'll take a look at this piece right 19 here, what it says here is that we've got a second 20 encoder that's selectively operable instead of the TDMA 21 code. 22 So you get the solution on the left, or you 23 get the solution on the right, but not both. 24 of" means one or the other. 25 Q. "Instead So what -- so the claim covers both solutions, 201 1 but in practice, one solution or the other, but not both 2 would be used? 3 4 5 A. Well, the claim itself says you use one or you use the other, but not both. Q. So now that we've spent some time talking 6 about the patents and gone through Claim 5, I'd like to 7 switch gears now and talk about the accused 8 technologies. 9 We've heard a lot of testimony in this case 10 about the W-CDMA and HSDPA standards. 11 those standards? 12 A. Okay. What -- what are W-CDMA is the big field. 13 standard. 14 wideband CDMA standard and stacked it all up, it would 15 be several feet high. 16 It stands for wideband CDMA. It's the big If you took the It's a big standard. You asked about HSDPA. That's a piece of that 17 standard. 18 That's what folks have been talking about all week. 19 Q. It's high-speed downlink packet access. So you mentioned that HSDPA is a piece of the 20 wideband CDMA standard. 21 overall HSDPA standard? 22 A. Okay. How does HSDPA relate to the Basically, the wideband CDMA standard 23 tells us everything about how the 3G phones works, how 24 the base stations work, et cetera; whereas, HSDPA is an 25 add-on, if you will. 202 1 It was something that was added to the 2 standard to provide one feature, namely, a high-speed 3 downlink connection for cell phones. 4 Q. Okay. Now, I'm going to spend some more time 5 talking about HSDPA, but before -- before I go there, I 6 do want to just return to Claim 5, which we still have 7 on the screen, and make sure that we all understand 8 precisely what's required by the claim. 9 I think you've identified both the 10 CDMA-plus-overlay-code solution and the 11 CDMA-plus-time-division-multiplexing solution in Claim 12 5; is that right? 13 A. That's correct. 14 Q. And so the claim requires a single system that 15 has both a CDMA-plus-overlay-code solution, plus a 16 CDMA-plus-time-division-multiplexing solution; is that 17 right? 18 A. That's right. That's what this language says. 19 You have a system that provides both solutions. 20 one time, you only get one of the solutions. 21 selectively operable to provide the overlay codes 22 instead of the CDMA plus TDM. 23 At any It's So at any one time, you get solution one or 24 solution two, but both have to be available according to 25 the standard -- excuse me -- according to the claim. 203 1 Q. Right. So if I had a system that just did 2 CDMA plus time division multiplexing, would that be 3 enough for Claim 5? 4 A. No. They both have to be available. That 5 selectively operable means you've got the choice of 6 either one. 7 Q. 8 And if I just had a system that's CDMA plus overlay codes, would that be enough to satisfy Claim 5? 9 A. It would be the same answer. 10 have to be available. 11 They would both select one or the other. 12 Q. You have to have the ability to So in Claim 5, both -- both solutions, the 13 CDMA-plus-overlay-codes, plus the 14 CDMA-plus-time-division-multiplexing solution have to be 15 available, and you use one or the other, but not both at 16 the same time; is that fair? 17 A. That sums it up, yes. 18 Q. So let's return back to HSDPA in particular, 19 and I'd like to spend a little time talking about 20 what -- what HSDPA really is. 21 22 I think you'll have to erase the -- there you go. 23 24 25 And could you explain what we're looking here at -- on this slide. A. Okay. There's really two things going on

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