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)

Download PDF
EXHIBIT D 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., 1:12 p.m. ET AL ) July 10, 2013 ****************************************************** WI-LAN, INC. ) DOCKET NO. 6:13cv252 -vs) HTC CORPORATION, ET AL ) 11 12 13 14 15 TRANSCRIPT OF TRIAL AFTERNOON 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 183 1 that was allocated by the FCC to the service providers 2 could be used to support lots of users all at once. 3 Q. And at a high level, what are some of the 4 techniques that have been used to allow these multiple 5 transmissions to occur on the network? 6 7 A. already. 8 9 10 Well, there's two that have been talked about The first is code division multiple access. That is the use of different codes by different users so they can talk about the same time. 11 I think both parties in this case have used 12 the analogy of language. 13 English, one person is speaking Spanish, and another 14 speaking French, if you speak English, you might listen 15 in and you can pick out the English, even though several 16 people are talking at once. 17 If one person is speaking If everyone is using a different code, you 18 listen for your code, and then you can sort it out, sort 19 out your message from everybody else that's talking. 20 21 Q. Now, another technology we've heard about in this case is time division multiplexing. 22 A. That's right. 23 Q. What is that? 24 A. That's the equivalent of taking turns talking. 25 You know, the polite dinner party where everybody takes Page 184 1 turns, and no one steps on anybody else. 2 So what we see here is a number of slots that 3 have been allocated to different users. 4 when his or her slot comes up. 5 speaks. 6 User 1 speaks User 2 speaks. User 3 And then they start over again. So they each take turns, and the people on the 7 right side here know to listen for a specific slot, and 8 then they can follow their conversation. 9 Q. So I want to just take a brief look under the 10 hood of these two technologies and just kind of dig in a 11 little more. 12 So first, let's talk about CDMA. Could you 13 explain how CDMA actually operates to create these 14 different languages, as you suggested a moment ago? 15 A. Okay. Well, what CDMA does, if you'll take a 16 look at this figure, we have a lot of 0s and 1s that are 17 attended -- intended for several different users. 18 CDMA is going to take the bits that are intended for a 19 particular user and encode those bits with that user's 20 code. 21 So what I've used here are colors, different 22 shades of green; but what these codes really are, are 23 strings of 0s and 1s. 24 25 They're sequences or codes. So the first user, this user here, that user is going to receive bits that have been encoded with his Page 187 1 2 3 4 5 A. Yes. They all set forth the problem towards the beginning of the written description. Q. So what -- I'd like to talk about that, and that problem is identified in the patents themselves? A. Yes. 6 7 8 9 MR. APPLEBY: So let's turn to the next slide. Q. (By Mr. Appleby) And if you could give us a sense of what the patents tell us the problem was that 10 Airspan was looking at when it came up with these 11 inventions. 12 A. Okay. So this is in the part of the patent 13 that's called the background of the invention, but what 14 I'm specifically reading from is written down here. 15 I don't know if you can see that. 16 It's Column 1, Lines 45 -- Line 45 through Column 2, 17 Line 4. 18 I can barely see it. And what it says is that we've got up to 16 19 separate communication signals. 20 signals. 21 our service, whatever it may be. 22 But we have a problem. These happen to be CDMA So we're supporting 16 different people with And that problem is 23 that as more subscribers subscribe, we need more 24 channels. 25 We need to be able to support more people. But we've got this situation in which we're Page 188 1 stuck. 2 channels. 3 system so that it covers more people. 4 5 Q. We've got 16 subscribers already and 16 So we have to have some way of expanding our Now, do we have some slides illustrating this problem? 6 A. Yes. 7 Q. So could you explain for us what we see here 8 9 in this slide? A. Okay. The actual numbers, if you read that 10 part that I was pointing you to, it talks about 16 users 11 and then increasing to a much larger number. 12 was a lot of houses to be drawing and then 64, so I 13 changed the numbers a little bit. 14 Sixteen So what I've got here are four subscribers 15 here, four houses; and they're supported by four codes, 16 which you see here. 17 One code/one house. So each house is receiving its telephone 18 service, TV, cable, whatever the case may be, using its 19 assigned code. 20 And so at this point, everything is great, 21 because we've got four channels, four codes, and four 22 subscribers. 23 Q. So what happens if we need to service more 24 subscribers than just the four that you had shown us 25 here on that slide? Page 226 1 CERTIFICATION 2 3 I HEREBY CERTIFY that the foregoing is a 4 true and correct transcript from the stenographic notes 5 of the proceedings in the above-entitled matter to the 6 best of our abilities. 7 8 9 /s/ Shea Sloan SHEA SLOAN, CSR 10 Official Court Reporter State of Texas No.: 11 Expiration Date: 3081 12/31/14 12 13 /s/ Judith Werlinger 14 JUDITH WERLINGER, CSR Deputy Official Court Reporter 15 State of Texas No.: Expiration Date 16 17 18 19 20 21 22 23 24 25 731 12/31/14

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?