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

Filing 491

RESPONSE to Motion re 482 MOTION for Judgment as a Matter of Law [RENEWED] OF NO INVALIDITY OR, ALTERNATIVELY, MOTION FOR NEW TRIAL ON INVALIDITY filed by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit A: Trial Transcript, # 2 Exhibit B: Trial Transcript, # 3 Exhibit C: Trial Transcript, # 4 Exhibit D: Trial Transcript, # 5 Exhibit E: Trial Transcript, # 6 Exhibit F: Trial Transcript, # 7 Exhibit G: Trial Transcript, # 8 Exhibit H: DDX 13-19, # 9 Exhibit I: DDX 13-31, # 10 Exhibit J: DX 124, # 11 Exhibit K: DX 148, # 12 Exhibit L: PX 1, # 13 Text of Proposed Order)(Heinlen, James)

EXHIBIT A

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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
ALCATEL-LUCENT USA, INC.,
8:51 a.m.
ET AL
)
July 8, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:10cv252
-vs)
HTC CORPORATION,
ET AL
)

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TRANSCRIPT OF TRIAL
MORNING 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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important back in that time.

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So these were the services provided by DSL,

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and DSL was actually, you know, one of the initial

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broadband technologies that really created the Internet

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revolution.

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been possible without that roll-out.

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All the things you see today wouldn't have

So, you know, again, that was really what we

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were looking at.

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up in the air and going, well, what else can happen?

And everyone was putting their finger

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the key that we were also looking at is, we had to be

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extensible and to not try to anticipate what people

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So

might do on the Internet.

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People did all kinds of things on the

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Internet.

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our systems.

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Q.

So flexibility was important to future-proof

And so you were looking at a wide variety of

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data, and you were going to transition from just

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providing that data via a wired solution, and now you

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were going to try and provide the same amount of data

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wirelessly?

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A.

As close to it as we could.

Obviously with

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wireless, you do -- and we talked about it in the slides

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that you saw from the introductions from -- from both of

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the teams here.

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expensive commodity.

You saw that wireless is -- is an
So you have to use it very, very

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carefully.

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The government charges billions of dollars for

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the use of Spectrum.

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part of the problem that we had to tackle.

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look at the data and understand how do I fit this in the

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most optimal manner in what we're doing?

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So that was another part of the --

And this wasn't theoretical.

How do you

We were solving

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a real problem that real people had in the real roll-out

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in 1995.

It wasn't 10 years in the future.

It was at

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that very moment we had a product line we needed to

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build.

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Q.

It wasn't theoretical.
All right.

It was practical.

So let's -- did you start with --

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or did DSC have at least a first attempt at a solution,

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when you arrived in 1995, to this problem?

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A.

Yes.

DSC had an initial product that was

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called the Airspan-60 or AS-60.

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simple CDMA product that used orthogonal codes.

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you know, orthogonal codes are used because of their

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unique properties of 0 correlation, cross-correlation.

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And it was a relatively
And,

So they had low noise across each other.

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You'll hear a lot about that as we talk a little bit.

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But the thing about it, it was really inefficient.

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was designed just like phone lines.

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look at you, the jury, and the young lady there, we'll

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call you 1, and the last lady at the end in the back,

It

So if I were to

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Q.

Okay.

Well, let's -- let's look at -- you

said that your system was a cellular system.

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How did your solution that you and Martin and

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Joe came up with differ from the traditional cellular

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phone system of the day at a high level?

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A.

Well, first of all, at a high level at the

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time, we showed great graphics of this earlier, the --

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the -- in fact, there were two -- I think it was

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disingenuous not to note that there was 2.5G that also

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came out after -- or during this time.
There was a lot of work on the fact that there

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was suddenly, you know, at the time maybe 25 percent of

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the United States had a cell phone, and they had a big

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issue with voice capacity.

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a lot of work on voice capacity and simply making cell

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phones do two things.

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So during that time, you saw

One, make sure we could handle more voice

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capacity with the Spectrum we had.

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to send texts -- texts.

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kind of came around in the mid-'90s, right?

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And two, you wanted

Those were the big things that

What we were worried about was immediately a

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problem of we were rolling out the Internet.

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rolling out broadband, and we already saw we had gaps.

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And our customers, the Bell operating companies and

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international companies, really had a need to have those

We were

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THE COURT:
released.

You're finally

You may go home and good luck.

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All right.

All right.

Anything further before we

break for lunch?

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MR. WEAVER:

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THE COURT:

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Be in recess.

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COURT SECURITY OFFICER:

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(Lunch recess.)

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Not from the Plaintiff.
All right.

Enjoy your lunch.

All rise.

CERTIFICATION

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I HEREBY CERTIFY that the foregoing is a

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true and correct transcript from the stenographic notes

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of the proceedings in the above-entitled matter to the

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best of our abilities.

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/s/ Shea Sloan
SHEA SLOAN, CSR

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Official Court Reporter
State of Texas No.:

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Expiration Date:

3081

12/31/14

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/s/ Judith Werlinger
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JUDITH WERLINGER, CSR
Deputy Official Court Reporter

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State of Texas No.:
Expiration Date

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731

12/31/14