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
[e-mail]

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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