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)

Download PDF
WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al Doc. 482 Att. 6 Exhibit F 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 1:19 p.m. July 8, 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. 49 1 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 50 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 63 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 25 prior CDMA and TDMA system. 64 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 6 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 12 bandwidth. 13 As you can see, because you're looking at the 14 characteristics of the data that you're going to send, 15 you can make intelligent decisions about how to fill up 16 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 25 the '327 patent? 75 1 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. 6 And when it receives that signature, because 7 it knows in advance what it's going to be, it can make 8 certain deductions about the -- the environment which 9 it's -- which it's in. 10 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 16 channels, and this carries the timing for the system. 17 Of course, timing is an important thing within a -- 18 within a cellular network. 19 phones are synchronized. 20 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 23 there's -- the introduction of HSDPA, in my opinion, 24 there's four pillars. 25 areas where the HSDPA is advantageous over technologies There's -- there's four main 76 1 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 5 high-speed channels. 6 channel that carries the streaming video, for example, 7 down to your cell phone. 8 '819, '211, and also the '327 patent uses those channels 9 in an efficient way. 10 That's that high-speed data That's covered by the '326, The next one is what we call faster scheduling 11 with reduced radio frame lengths. 12 is that the base station is able to schedule data 13 faster; in other words, it's able to send out data 14 faster with reduced frame lengths. 15 phones faster. 16 What that means is, It can get it to the That's covered by the '326, the '819, the 17 '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 23 lengths. 24 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 77 1 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 17 brought in more efficient modulation and coding schemes. 18 And it does that through having this feedback path, the 19 cell phone being able to feed back to the base station 20 the conditions of the environment in which its within. 21 And that enables the base station to use its -- allocate 22 its resource far more efficiently, and that's addressed 23 in -- by the '327 patent. 24 25 Q. And do -- have you seen any evidence that other people agree that these are advantages and 78 1 2 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. 4 a fourth one on there as well, which we -- is not 5 addressed in the patents. 6 There's But other people have come up with lists like 7 this. 8 with ten. 9 into what I think here is the -- a good way of 10 11 12 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. 14 Yes, I have. For example, there's -- there's this document 15 here. 16 Alcatel-Lucent. 17 documents. 18 from this. 19 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 20 assigns all base station resources to data users 21 achieving peak overall capacity. 22 saying that the base station optimally and fully assigns 23 all its resources. 24 25 That's basically The other one talks about dynamic and rapid assignment of resources across users. That's saying the 79 1 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. 5 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. 19 the '327 talks about. 20 21 Q. And that's this intercell interference that All right. Now, Alcatel-Lucent makes base stations, right? 22 A. They do. 23 Q. What about everyone in the courtroom who uses 24 a cell phone, for example? 25 HSDPA? Do we get any benefits from

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?