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)

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EXHIBIT A Page 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 6 7 8 9 10 ) 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 ) 11 12 13 14 15 TRANSCRIPT OF TRIAL MORNING 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. Page 118 1 important back in that time. 2 So these were the services provided by DSL, 3 and DSL was actually, you know, one of the initial 4 broadband technologies that really created the Internet 5 revolution. 6 been possible without that roll-out. 7 All the things you see today wouldn't have So, you know, again, that was really what we 8 were looking at. 9 up in the air and going, well, what else can happen? And everyone was putting their finger 10 the key that we were also looking at is, we had to be 11 extensible and to not try to anticipate what people 12 So might do on the Internet. 13 People did all kinds of things on the 14 Internet. 15 our systems. 16 Q. So flexibility was important to future-proof And so you were looking at a wide variety of 17 data, and you were going to transition from just 18 providing that data via a wired solution, and now you 19 were going to try and provide the same amount of data 20 wirelessly? 21 A. As close to it as we could. Obviously with 22 wireless, you do -- and we talked about it in the slides 23 that you saw from the introductions from -- from both of 24 the teams here. 25 expensive commodity. You saw that wireless is -- is an So you have to use it very, very Page 119 1 carefully. 2 The government charges billions of dollars for 3 the use of Spectrum. 4 part of the problem that we had to tackle. 5 look at the data and understand how do I fit this in the 6 most optimal manner in what we're doing? 7 So that was another part of the -- And this wasn't theoretical. How do you We were solving 8 a real problem that real people had in the real roll-out 9 in 1995. It wasn't 10 years in the future. It was at 10 that very moment we had a product line we needed to 11 build. 12 Q. It wasn't theoretical. All right. It was practical. So let's -- did you start with -- 13 or did DSC have at least a first attempt at a solution, 14 when you arrived in 1995, to this problem? 15 A. Yes. DSC had an initial product that was 16 called the Airspan-60 or AS-60. 17 simple CDMA product that used orthogonal codes. 18 you know, orthogonal codes are used because of their 19 unique properties of 0 correlation, cross-correlation. 20 And it was a relatively And, So they had low noise across each other. 21 You'll hear a lot about that as we talk a little bit. 22 But the thing about it, it was really inefficient. 23 was designed just like phone lines. 24 look at you, the jury, and the young lady there, we'll 25 call you 1, and the last lady at the end in the back, It So if I were to Page 123 1 2 Q. Okay. Well, let's -- let's look at -- you said that your system was a cellular system. 3 How did your solution that you and Martin and 4 Joe came up with differ from the traditional cellular 5 phone system of the day at a high level? 6 A. Well, first of all, at a high level at the 7 time, we showed great graphics of this earlier, the -- 8 the -- in fact, there were two -- I think it was 9 disingenuous not to note that there was 2.5G that also 10 11 came out after -- or during this time. There was a lot of work on the fact that there 12 was suddenly, you know, at the time maybe 25 percent of 13 the United States had a cell phone, and they had a big 14 issue with voice capacity. 15 a lot of work on voice capacity and simply making cell 16 phones do two things. 17 So during that time, you saw One, make sure we could handle more voice 18 capacity with the Spectrum we had. 19 to send texts -- texts. 20 kind of came around in the mid-'90s, right? 21 And two, you wanted Those were the big things that What we were worried about was immediately a 22 problem of we were rolling out the Internet. 23 rolling out broadband, and we already saw we had gaps. 24 And our customers, the Bell operating companies and 25 international companies, really had a need to have those We were Page 177 1 2 THE COURT: released. You're finally You may go home and good luck. 3 4 All right. All right. Anything further before we break for lunch? 5 MR. WEAVER: 6 THE COURT: 7 Be in recess. 8 COURT SECURITY OFFICER: 9 (Lunch recess.) 10 Not from the Plaintiff. All right. Enjoy your lunch. All rise. CERTIFICATION 11 12 I HEREBY CERTIFY that the foregoing is a 13 true and correct transcript from the stenographic notes 14 of the proceedings in the above-entitled matter to the 15 best of our abilities. 16 17 18 /s/ Shea Sloan SHEA SLOAN, CSR 19 Official Court Reporter State of Texas No.: 20 Expiration Date: 3081 12/31/14 21 /s/ Judith Werlinger 22 JUDITH WERLINGER, CSR Deputy Official Court Reporter 23 State of Texas No.: Expiration Date 24 25 731 12/31/14

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