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

Filing 482

MOTION for Judgment as a Matter of Law [RENEWED] OF NO INVALIDITY OR, ALTERNATIVELY, MOTION FOR NEW TRIAL ON INVALIDITY by WI-LAN Inc.. (Attachments: # 1 Exhibit A - Tiedemann, # 2 Exhibit B - Gitlin, # 3 Exhibit C - Gilhousen, # 4 Exhibit D - IS-95-A, # 5 Exhibit E - Trial Transcript (July 12, 2013 Morning Session), # 6 Exhibit F - Trial Transcript (July 8, 2013 Afternoon Session), # 7 Exhibit G - Trial Transcript (July 9, 2013 Afternoon Session), # 8 Exhibit H - Trial Transcript (July 8, 2013 Morning Session), # 9 Exhibit I - Trial Transcript (July 12, 2013 Afternoon Session), # 10 Text of Proposed Order)(Weaver, David)

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

Doc. 482 Att. 6

Exhibit F

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
1:19 p.m.
July 8, 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.

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station that's associated with that phone, up to the

2

cell tower.

3

phone that needs to make -- that it's -- that it's

4

intended for.

5

Then it will be beamed down to the cell

So you can see that way you've got a

6

communication between the two phones.

I've shown this

7

going in one direction, but, of course, it's two

8

directions.

9

Q.

Now, Dr. Wells, you talked earlier about all

10

the different types of data that we can get and send

11

today on our phones.

12
13
14

Is it true of -- my children, my teenagers
seem to think that bandwidth is unlimited?
A.

Unfortunately not, no.

Now, one of the -- one

15

of the problems that we have in the cellular industry is

16

this limited bandwidth problem.

17

Basically what happens, when you make that

18

call from your cell phone up to a cell tower, the

19

traffic is carried on a radio wave, and that has a

20

particular frequency, and there's only a certain number

21

of those frequencies that are really available.

22

So what happens is, as Mr. Struhsaker said

23

earlier, that -- those frequencies are very jealously

24

guarded, and it's limited the number that you can use.

25

And what that does is that places a limit on

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1

how many cell phones can actually be used within a cell.

2

So we call that the limited bandwidth problem.

3

Q.

And so how do cell systems deal with this

4

limited bandwidth problem if everybody wants to use all

5

of these different types of data?

6

A.

Well, there's various ways.

The first way is

7

time division multiple access.

8

similar slide, but let me try and explain again how the

9

TDMA system works.

10

So forgive me showing a

What I have shown here is on the left-hand

11

side is a base station with a cell tower, and it's going

12

to be transmitting these signals to these cell phones on

13

the right.

14

the -- the different time slots are allocated for

15

different phones.

16

And you saw that earlier.

You saw about how

The blue data goes to the blue phone; the red

17

data goes to the red phone; the green data goes to the

18

green phone.

19

Q.

All right.

20

A.

Well, no, it didn't.

That's time division multiple access.
And did that solve the problem?
As we talked about

21

earlier and as you can see here, there are

22

inefficiencies with these systems.

23

transmitting voice, there's actually periods of time

24

where we stop, where information is not being exchanged.

25

As we -- if you were

So if you use a rigid system like this, there

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1

A.

So this is -- at the very top, you can see

2

code 14 and code 15.

3

differently.

4

data.

5

Now, they're treated a little bit

They've been reserved here for control

Now, when you have a cell phone system, you

6

obviously have to send the data down to the cell phone,

7

you know, the -- the voice and the web traffic, but you

8

also have to have control data.

9

That's data that serves a particular purpose.

10

It tells the phone, for example, what's coming; it tells

11

the phone particular information about how to work

12

within the system.

13

And so what they've done at the top in this

14

invention here is, they've taken two of those codes, two

15

of those orthogonal codes; and they've further

16

subdivided those into those white streams which are used

17

to carry control data.

18

Q.

And those are subdivided how?

19

A.

They're subdivided because each one of those

20

codes, each one of those orthogonal channels has been

21

further subdivided; and we use what we call an overlay

22

code to carry that traffic.

23

Q.

All right.

Now, a moment ago, I had asked you

24

if there were some benefits to this invention over the

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prior CDMA and TDMA system.

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1

A.

2

this screen?

3

Q.

4
5

Right.

corners that says erase.
A.

Oh, I see.

10

Excuse me.

MR. WEAVER:

Bottom left corner on the

monitor.

8
9

Can we clean

You should be able to just touch one of the

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7

So there -- there are.

THE WITNESS:

Oh.

Thank you.

I

apologize.
A.

Benefits of the invention.

So the real

11

benefit of this invention is that it maximizes the

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bandwidth.

13

As you can see, because you're looking at the

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characteristics of the data that you're going to send,

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you can make intelligent decisions about how to fill up

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that space, that matrix.

17

And it does that because of this dynamic

18

allocation of time slots that's based on the data

19

characteristics.

20

enables you to use the resources far more efficiently.

21
22

Q.

And what that means is, is that

All right.

Now, earlier we had heard about

the '327 Wi-LAN patent.

Remember that?

23

A.

Yes.

24

Q.

Can you summarize what the invention was for

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the '327 patent?

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say, there's a primary common pilot channel.

2

This is basically a control channel that comes

3

to the phone.

It's emitted from the base station.

4

It's a -- it's a signature, if you like, a known

5

signature that the phone can listen for.

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And when it receives that signature, because

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it knows in advance what it's going to be, it can make

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certain deductions about the -- the environment which

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it's -- which it's in.

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11
12

Q.

All right.

So does that do it for the

channels that we need to know about?
A.

No.

We're going to talk about one more as

13

well, and that's the P-CCPCH, the primary common control

14

physical channel.

15

Now, this is another one of these Release 99

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channels, and this carries the timing for the system.

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Of course, timing is an important thing within a --

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within a cellular network.

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phones are synchronized.

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21
22

Q.

All right.

We need to make sure the

So now at a high level, how do the

Wi-LAN patents relate to this HSDPA standard?
A.

Well, at a high level, I've said that

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there's -- the introduction of HSDPA, in my opinion,

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there's four pillars.

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areas where the HSDPA is advantageous over technologies

There's -- there's four main

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that have come before.

2
3

And I've called that the four pillars, and
they're the four bullet points here.

4

The first one is the addition of the new

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high-speed channels.

6

channel that carries the streaming video, for example,

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down to your cell phone.

8

'819, '211, and also the '327 patent uses those channels

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in an efficient way.

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That's that high-speed data

That's covered by the '326,

The next one is what we call faster scheduling

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with reduced radio frame lengths.

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is that the base station is able to schedule data

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faster; in other words, it's able to send out data

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faster with reduced frame lengths.

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phones faster.

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What that means is,

It can get it to the

That's covered by the '326, the '819, the

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'211, and, again, the '327 uses that technology in an

18

efficient way.

19
20

Q.

All right.

Doctor, let me stop you there for

a moment.

21

Again, I think I asked you before about the

22

radio frames, and here you're talking about radio frame

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lengths.

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25

A.

What's the difference there?
So we have the radio frame.

a system, we have a radio frame.

We have -- within

We're able to divide

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that into subframes.

2

we're able to use those subframes.

3

Q.

All right.

And what this is saying really is,

Now, in one of the video

4

deposition clips, there was a reference to something

5

called a TTI.

6

A.

Yeah.

7

Q.

Do you remember that?

8

A.

Yes.

9

Q.

Okay.

10

A.

TTI is transmission time interval.

So what is that?
And TTI is

11

the term used within 3GPP to define one of those

12

subframes.

13

Q.

14
15
16

It's actually a 2-millisecond timeframe.

All right.

I'm sorry.

I interrupted you.

Can you hit the third bullet point here for
us?
A.

Okay.

The third bullet point is, HSDPA

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brought in more efficient modulation and coding schemes.

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And it does that through having this feedback path, the

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cell phone being able to feed back to the base station

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the conditions of the environment in which its within.

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And that enables the base station to use its -- allocate

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its resource far more efficiently, and that's addressed

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in -- by the '327 patent.

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25

Q.

And do -- have you seen any evidence that

other people agree that these are advantages and

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features that are achieved with HSDPA?
A.

Yes, I think -- I think so.

There's --

3

there's -- this list is my list of four things.

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a fourth one on there as well, which we -- is not

5

addressed in the patents.

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There's

But other people have come up with lists like

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this.

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with ten.

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into what I think here is the -- a good way of

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11
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13

Some have come up with three.

Some have come up

But they -- I've boiled them down into --

describing four -- the four main points within HSDPA.
Q.

All right.

And have you seen other documents

that list similar points?
A.

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Yes, I have.
For example, there's -- there's this document

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here.

16

Alcatel-Lucent.

17

documents.

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from this.

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This is document PX 29, DX 145 from
This is a -- this is a -- one of the

And if I can pull out a couple of cutouts

The first one talks about optimally and fully

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assigns all base station resources to data users

21

achieving peak overall capacity.

22

saying that the base station optimally and fully assigns

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all its resources.

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25

That's basically

The other one talks about dynamic and rapid
assignment of resources across users.

That's saying the

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users of cell phones can receive this -- these dynamic

2

allocations much better.

3

These are advantages of HSDPA.

I should have

4

prefaced this.

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covered in the '326, the '819, and the '211 patents.

6
7
8
9

Q.

But, of course, that's -- that's what's

All right.

Any other advantages of HSDPA that

you've seen in the documents?
A.

Yes.

This is another one from the same

document, and this talks about assigning optimal

10

resources to users with the best instantaneous channel

11

conditions.

12

Q.

Can you explain that a little bit to us?

13

A.

Yes.

14

So what that's saying is, is that the --

15

you're looking at the channel conditions, what is the

16

environment within that cell; and you're going to

17

optimally assign resources given that environment within

18

the cell.

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the '327 talks about.

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21

Q.

And that's this intercell interference that

All right.

Now, Alcatel-Lucent makes base

stations, right?

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A.

They do.

23

Q.

What about everyone in the courtroom who uses

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a cell phone, for example?

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HSDPA?

Do we get any benefits from