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 C
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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.,
8:47 a.m.
ET AL
)
July 9, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-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
shea_sloan@txed.uscourts.gov
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Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.
Page 81
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right?
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A.
That's right, yes.
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Q.
Okay.
And, in fact, the combination of using
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orthogonal codes with overlay codes was known before the
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Airspan patents, right?
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A.
Not necessarily, no.
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Q.
Well, could we play from your deposition clip,
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67?
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(Video playing.)
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QUESTION:
When you told me what the --
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what you believed the invention of the '326 patent was,
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you mentioned three things:
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codes, and TDM techniques.
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Orthogonal codes, overlay
It's fair to say that the combination of
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orthogonal channels and overlay codes was known prior to
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the invention of the '326 patent and the other patents
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in this case, correct?
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ANSWER:
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(End of video clip.)
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Q.
That was known.
(By Mr. Arovas) Okay.
So it's a fact, isn't
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it, the combination of orthogonal codes and overlay
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codes was known before the Airspan patents?
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A.
Yes.
Not in the context of these claims, but
Q.
I understand that's your position, but please
yes.
Page 86
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A.
I would consider it, yes.
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Q.
I am not asking you if you would consider it;
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I'm asking you if it's covered or not.
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A.
Well, yes, it's covered.
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Q.
It would be covered.
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Thank you.
Okay.
So now let's go back to the main point, which
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is the industry knew to use TDM and CDM -- CDMA -- I'm
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sorry -- it's TDMA and -- using too many acronyms.
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The industry knew and the engineers in the
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mobile communications knew to put TDMA and CDMA in the
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same system, right, before the Airspan patents?
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A.
There was some examples of that, yes.
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Q.
Right.
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So, for example, it was known -- we'll
take a look at a patent.
MR. BORGMAN:
Your Honor, this is
definitely getting into prior art for the rebuttal case.
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THE COURT:
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MR. AROVAS:
Response?
Your Honor, I think this
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goes to the issue of the context of the patent and some
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of the equivalents arguments that were made about what
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combinations could and could not be made.
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And I'm just going to show this to show
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it was known in the art, just as we talked about, that
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the combination of CDMA and TDMA existed.
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THE COURT:
All right.
I'll allow that
Page 129
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Q.
And the way the subdividing works in a phone
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number is that the last seven digits actually tell you a
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particular line in the area, right?
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A.
Well, I don't know.
The way in which this
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works is, is that 903 area code is where the traffic is
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directed to, and then it's subdivided out to this phone
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number.
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Q.
Okay.
Let's be perfectly clear.
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The extra digits that actually divide up the
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area into individual lines is the last seven digits of
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the phone number, and everybody knows that, right?
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A.
Well, no.
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Q.
Okay.
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It's part of the area code as well.
The area code -- let's start again --
that's the area, right, 903.
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Right, okay?
And, in fact, if you were to look up how phone
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numbers work, right, the next three digits tell you a
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particular switch in that area, right?
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A.
I -- I really don't know.
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Q.
You're an expert in communications, right?
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A.
In wireless communications, yes.
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Q.
Okay.
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But you don't know -- do you know what
these next three digits are called?
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A.
I don't, no.
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Q.
Okay.
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Would it surprise you if the way the
phone numbers work is, in fact, 903 is the area, the
Page 146
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Q.
Give me some examples.
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A.
Okay.
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Out in rural applications, they may be
out tens of miles.
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Q.
Okay.
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A.
And --
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Q.
Now that we have a cell, let's use that.
Good.
I
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have a cell that's tens of miles wide, okay?
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to move 2 feet from the outside of an elevator to the
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inside of an elevator.
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I'm going
The predominant difference that causes my
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signal to go from good to bad is because the elevator
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doors closed, right?
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A.
Right, but you don't have many elevators out
in a rural.
What I was going to say is you also --
Q.
Let's not speculate about how many elevators
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there are in rural communities.
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off the topic.
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I think that's a little
Let's just stick with the fact that in that
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example, your CQI goes from one number to a lower
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number, and the difference is because the elevator doors
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close, not because of any change in intercellular
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interference, right?
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A.
Well, in that hypothetical, the intercell
interference would be very minor.
Q.
Thank you.
Page 148
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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
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