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)

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

Doc. 481 Att. 4

Exhibit D

Dockets.Justia.com

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

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WI-LAN, INC.

)

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DOCKET NO. 6:10cv521
-vs-

)

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Tyler, Texas
1:12 p.m.
July 10, 2013

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ALCATEL-LUCENT USA, INC.,
ET AL

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******************************************************

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WI-LAN, INC.

)

)
DOCKET NO. 6:13cv252

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-vsHTC CORPORATION,
ET AL

)
)

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TRANSCRIPT OF TRIAL
AFTERNOON SESSION
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY

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COURT REPORTERS:

MS. SHEA SLOAN
MS. JUDY WERLINGER
211 W. Ferguson
Tyler, Texas 75702
[e-mail]

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Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

178
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Q.

So on the right hand of this slide, I see

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something called product information.

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what that material is?
Okay.

Can you describe

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A.

This is what told me how the products

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worked.

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determine whether or not the claims read on to those

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products.

I had to know how the products worked to

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So some of the things I looked at included

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product documentation, descriptions of the products,

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something called source code, which is very important.

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The source code is the step-by-step

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instructions that the processor follows to make the

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system work.

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were in -- that are in that base station have stored

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source code that tell that base station how to go

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through its various steps.

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A lot of those little black chips that

I looked at schematics.

Schematics would be

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drawings that show how the circuits fit together, how

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the various chips and other things fit together.

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And then finally, the standards that you've
seen several times already.
Q.

Now, were you in the courtroom when Dr. Wells,

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Wi-LAN's expert, testified that the '326, '819, and '327

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patents are infringed by Alcatel-Lucent's HSDPA base

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stations?

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A.

Yes.

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Q.

And do you agree with that conclusion?

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A.

No.

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Q.

And why don't you agree with that conclusion?

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A.

In order to infringe those claims, the ones

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that he walked through several times, each and every

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element has to be present.

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It's my understanding from both judges and lawyers.

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And I was not able to find each and every

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That's what I've been told.

element of any of those claims in the accused products.

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Q.

So --

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A.

There were certain things that were

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fundamentally missing.
Q.

So I'd like to just briefly summarize the --

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your opinion on that issue of infringement.

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you tell us why you concluded that none of these three

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patents are infringed by Alcatel-Lucent's HSDPA base

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stations?

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A.

Okay.

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of patents.

And could

So I looked at the two different sets

The first set is the overlay code patents.

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I found there were three fundamental things

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that were missing, three things that were required by

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the claims.

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First off, I didn't see any overlay codes.

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Furthermore, there was no second encoder.

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Without any overlay codes, there's no encoder to encode

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them.

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And then third, there was no storage of set of

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orthogonal codes.

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would store all the orthogonal codes at the same time.

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Q.

At no point did I see any memory that

And turning to the '327 patent, which you've

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called the other cell interference patent, what did you

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conclude about that patent?

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A.

Okay.

The other cell interference patent had

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some fundamental requirements, and I was unable to find

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any example in the accused products where channels were

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removed based on other cell interference.

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Q.

So I want to -- I'm going to go in detail

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through each one of these conclusions that you've

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reached in a moment; but before we get there, I'd like

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to just take a brief step back and talk about some

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general technical -- technical concepts that are behind

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the issues that we're talking about in this case.

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So turning to the next slide, could you

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describe for us what we see here?
A.

Certainly.

This shows a cellular network.

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And what it shows is one cell phone that's taking a

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picture of a beach scene.

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attempting to transmit that picture through the network

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to another cell phone, which is receiving it.

And that cell phone is

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So it's a transmitting cell phone on the left

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and a receiving cell phone on the right.

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phone takes the picture, and that picture is converted

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into 0s and 1s.

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So the cell

Let me see if I can draw on this a little bit.

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There you go.

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picture.

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9
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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

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antenna, which you see here.

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of these antennas at various places.

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receives those 0s and 1s and brings them down into the

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base station, which is down here.

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You've probably seen a lot
That antenna

Now, that base station is going to connect

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those 0s and 1s into the phone network.

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network connects you to the next area code, or it could

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send you clear across the country.

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The phone

So the phone network, I've got right here.

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what that's doing is sending those 0s and 1s -- let's

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So

say it's going from California to North Carolina.

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So it's going to go all the way across country

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until it reaches this base station here.

That base

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station is going to take those 0s and 1s, transmit them

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through this antenna to the receiving cell phone.

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original CDMA channels, and then we add the overlay

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codes.

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the last two elements that are combining to provide that

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first solution.

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Q.

We've got the first two elements of Claim 5 and

So just so I understand what you're -- what

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you're telling us, the portion of the claim at the top,

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which you've identified as first encoder, plus

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orthogonal codes, plus orthogonal code generator, that

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relates to CDMA; is that right?

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A.

That's right.

That's correct.

That's --

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that's the original system that I showed being limited

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to four users.

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Q.

And then in looking at the bottom of the claim

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where we see the second encoder, the additional overlay

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codes and the overlay code generator, what is that --

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does that relate to the overlay code portion of this --

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of this solution?

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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,

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the other solution that Airspan came up with that you

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mentioned was the solution of adding CDMA plus time

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division multiplexing.

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Do we see that reflected in Claim 5 of the
'326 patent?

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A.

We do.

If you'll take a look on the right

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side now, once again, we start from the same point.

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start with the first encoder, orthogonal codes, and the

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orthogonal code generator.

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CDMA channels.

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We

Those are our original four

But then we've got a TDM encoder, okay, time

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division multiplexing.

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talking.

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your four channels, for example, and then people take

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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

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CDMA-plus-overlay-code solution and also the

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CDMA-plus-time-division-multiplexing solution in the

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same claim; is that -- is that right?

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A.

Well, both of them are there, but it's one or

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the other.

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about selective operability.

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There's some language in here that talks

If you'll take a look at this piece right

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here, what it says here is that we've got a second

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encoder that's selectively operable instead of the TDMA

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code.

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So you get the solution on the left, or you

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get the solution on the right, but not both.

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of" means one or the other.

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Q.

"Instead

So what -- so the claim covers both solutions,

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but in practice, one solution or the other, but not both

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would be used?

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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

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about the patents and gone through Claim 5, I'd like to

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switch gears now and talk about the accused

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technologies.

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We've heard a lot of testimony in this case

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about the W-CDMA and HSDPA standards.

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those standards?

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A.

Okay.

What -- what are

W-CDMA is the big field.

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standard.

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wideband CDMA standard and stacked it all up, it would

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be several feet high.

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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

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standard.

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That's what folks have been talking about all week.

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Q.

It's high-speed downlink packet access.

So you mentioned that HSDPA is a piece of the

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wideband CDMA standard.

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overall HSDPA standard?

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A.

Okay.

How does HSDPA relate to the

Basically, the wideband CDMA standard

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tells us everything about how the 3G phones works, how

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the base stations work, et cetera; whereas, HSDPA is an

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add-on, if you will.

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It was something that was added to the

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standard to provide one feature, namely, a high-speed

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downlink connection for cell phones.

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Q.

Okay.

Now, I'm going to spend some more time

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talking about HSDPA, but before -- before I go there, I

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do want to just return to Claim 5, which we still have

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on the screen, and make sure that we all understand

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precisely what's required by the claim.

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I think you've identified both the

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CDMA-plus-overlay-code solution and the

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CDMA-plus-time-division-multiplexing solution in Claim

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5; is that right?

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A.

That's correct.

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Q.

And so the claim requires a single system that

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has both a CDMA-plus-overlay-code solution, plus a

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CDMA-plus-time-division-multiplexing solution; is that

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right?

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A.

That's right.

That's what this language says.

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You have a system that provides both solutions.

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one time, you only get one of the solutions.

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selectively operable to provide the overlay codes

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instead of the CDMA plus TDM.

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At any

It's

So at any one time, you get solution one or

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solution two, but both have to be available according to

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the standard -- excuse me -- according to the claim.

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Q.

Right.

So if I had a system that just did

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CDMA plus time division multiplexing, would that be

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enough for Claim 5?

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A.

No.

They both have to be available.

That

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selectively operable means you've got the choice of

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either one.

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Q.

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And if I just had a system that's CDMA plus

overlay codes, would that be enough to satisfy Claim 5?

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A.

It would be the same answer.

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have to be available.

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They would both

select one or the other.

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Q.

You have to have the ability to

So in Claim 5, both -- both solutions, the

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CDMA-plus-overlay-codes, plus the

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CDMA-plus-time-division-multiplexing solution have to be

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available, and you use one or the other, but not both at

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the same time; is that fair?

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A.

That sums it up, yes.

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Q.

So let's return back to HSDPA in particular,

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and I'd like to spend a little time talking about

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what -- what HSDPA really is.

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I think you'll have to erase the -- there you
go.

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And could you explain what we're looking
here at -- on this slide.
A.

Okay.

There's really two things going on