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. 9

Exhibit I

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
12:09 p.m.
July 12, 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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THE COURT:

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MR. BORGMAN:

Try this one.

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THE WITNESS:

Thank you.

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MR. BORGMAN:

Is that one any better?

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THE WITNESS:

I don't know.

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MR. BORGMAN:

May I approach again, Your

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Yes, you may.

Honor?

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THE COURT:

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MR. BORGMAN:

See if that works.

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THE WITNESS:

Yes, this one works.

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Q.

Yes, you may.

(By Mr. Borgman) All right.

You were going to

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tell us, I believe, why IS-95-A fails to disclose TDM

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techniques, in your opinion?

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A.

Yes.

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So within IS-95-A, there is this channel

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called the paging channel, and it does provide for

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transmission of messages in certain assigned slots.

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these slots are rigorously set up, and they are

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allocated to an individual mobile, an end phone.

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But

So -- and the thing that actually assigns the

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data within that channel is the mobile station's MIN.

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That stands for mobile identity number.

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it's an indication of the handset that the data is going

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to.

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In other words,

So within this paging channel, it doesn't look

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at characteristics of the data.

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data that it's about to send and make -- and say this is

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a particular type of data.

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which unit this mobile is actually going to be sent to,

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and it sends it to that.

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It doesn't look at the

It actually just looks at

There's no characteristics of the data taken
into account as part of this.
Q.

Why is the mobile station, MIN, another

acronym -- what's MIN?

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A.

MIN stands for mobile identification number.

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Q.

Why is the mobile station's MIN not data --

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excuse me -- characteristics associated with the data

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items?

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A.

Because it's -- it's a characteristic that's

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associated with the user.

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end-user.

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being scheduled.

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Q.

This is a number for the

It has nothing to do with the data that's

All right.

Now, did Mr. Lanning point to --

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point to the MIN as characteristics associated with data

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items?

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A.

Yes.

Yes, he did.

I just put the conclusion

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here, IS-95-A paging channel.

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time slots based on user ID, regardless of the data

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characteristics.

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This rigidly allocates

But I think this was your question with

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A.

Dr. Wicker says this; Dr. Akl says this.

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Dr. Olivier says that orthogonal -- that PN --

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orthogonal codes are different from PN codes; that PN

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codes are not orthogonal.

And I say this, as well.

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Q.

And how about Mr. Lanning?

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A.

Mr. Lanning disagrees.

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Q.

All right.

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And, again, why is that important

with respect to Gitlin?
A.

Well, it's important because it shows that

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Gitlin is using a different type of code.

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using a PN code, a code that is not orthogonal.

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very different from the patents-in-suit.

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Q.

Gitlin is
It's

And if Gitlin does not use orthogonal codes,

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can Gitlin anticipate any of the claims that are at

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issue in the case?

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A.

No, it can't.

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Q.

All right.

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Is there anything else missing

from the Gitlin patent?

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A.

Yes, there is.

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Q.

And what's that?

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A.

Gitlin also fails to disclose TDM techniques

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as construed by the Court.

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Q.

And why do you say that, Dr. Wells?

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A.

Well, if we have a look at one of the figures

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within Gitlin -- this is Figure 7 from within Gitlin,

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and what this is showing is, this is showing what Gitlin

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calls a codes time slices.

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He has codes here, and then he has time slots

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going across here, and he slices that code in time space

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up into all these different regions here.

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Then what Dr. Gitlin does is, he allocates

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those pieces of space to what's shown at the bottom

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here, which are different types of users.

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high-speed users, talks about medium-speed users, and

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Talks about

low-speed users.
And what these are, as Mr. Lanning confirmed

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this morning, these are people that pay for different

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levels of service.

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So, for example, if you paid for high-speed

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access, you would be a high-speed user.

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someone that wanted an economy package, then you would

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be a low-speed user.

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If you were

And so what this is doing is, it's allocating

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data, once again, based on characteristics of the user

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and not based on the characteristics of the data.

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So it doesn't matter, for example, whether

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this is a piece of voice traffic, whether it's a piece

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of text message, whether it's a website.

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taken into account.

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within Gitlin.

That's not

It's the characteristic of the user

So it doesn't disclose TDM techniques.

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Q.

And why does -- why do the user

characteristics not disclose the use of TDM techniques?
A.

Because these are characteristics associated

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with the user.

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talks about characteristics associated with data.

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Q.

There is nothing within Gitlin that

Is there anything else in Gitlin that shows us

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that these characteristics are associated with the user

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and not with the data?

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A.

Yes.

Yes, there is.

If you read Gitlin in

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its entirety, it talks about what the problem is that

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the patent is trying to solve, and it talks about what

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the solution is that it proposes.

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And you can see here, I've highlighted here

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that the whole purpose of Gitlin was that the systems

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are for a low-cost access for lower-speed users.

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can see that in both of those.

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You

Dr. Gitlin was at AT&T, and they were trying

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to get low-cost access for low-speed users.

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focusing on the users of these systems.

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Q.

They were

And how does that compare to the claimed

invention in the '326, '211, and '819 patents?
A.

Okay.

So the invention in the -- in the three

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patents-in-suit is different because what the -- the

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invent -- what the patents are about is looking at

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characteristics associated with the data.