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 D

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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.,
1:12 p.m.
ET AL
)
July 10, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-vs)
HTC CORPORATION,
ET AL
)

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TRANSCRIPT OF TRIAL
AFTERNOON 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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that was allocated by the FCC to the service providers

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could be used to support lots of users all at once.

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Q.

And at a high level, what are some of the

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techniques that have been used to allow these multiple

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transmissions to occur on the network?

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A.
already.

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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.

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I think both parties in this case have used

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the analogy of language.

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English, one person is speaking Spanish, and another

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speaking French, if you speak English, you might listen

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in and you can pick out the English, even though several

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people are talking at once.

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If one person is speaking

If everyone is using a different code, you

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listen for your code, and then you can sort it out, sort

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out your message from everybody else that's talking.

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Q.

Now, another technology we've heard about in

this case is time division multiplexing.

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A.

That's right.

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Q.

What is that?

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A.

That's the equivalent of taking turns talking.

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You know, the polite dinner party where everybody takes

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turns, and no one steps on anybody else.

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So what we see here is a number of slots that

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have been allocated to different users.

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when his or her slot comes up.

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speaks.

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User 1 speaks

User 2 speaks.

User 3

And then they start over again.
So they each take turns, and the people on the

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right side here know to listen for a specific slot, and

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then they can follow their conversation.

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Q.

So I want to just take a brief look under the

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hood of these two technologies and just kind of dig in a

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little more.

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So first, let's talk about CDMA.

Could you

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explain how CDMA actually operates to create these

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different languages, as you suggested a moment ago?

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A.

Okay.

Well, what CDMA does, if you'll take a

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look at this figure, we have a lot of 0s and 1s that are

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attended -- intended for several different users.

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CDMA is going to take the bits that are intended for a

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particular user and encode those bits with that user's

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code.

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So what I've used here are colors, different

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shades of green; but what these codes really are, are

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strings of 0s and 1s.

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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

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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.

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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

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Airspan was looking at when it came up with these

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inventions.

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A.

Okay.

So this is in the part of the patent

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that's called the background of the invention, but what

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I'm specifically reading from is written down here.

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I don't know if you can see that.

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It's Column 1, Lines 45 -- Line 45 through Column 2,

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Line 4.

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I can barely see it.

And what it says is that we've got up to 16

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separate communication signals.

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signals.

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our service, whatever it may be.

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But we have a problem.

These happen to be CDMA

So we're supporting 16 different people with

And that problem is

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that as more subscribers subscribe, we need more

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channels.

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We need to be able to support more people.
But we've got this situation in which we're

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stuck.

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channels.

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system so that it covers more people.

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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?

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A.

Yes.

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Q.

So could you explain for us what we see here

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in this slide?
A.

Okay.

The actual numbers, if you read that

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part that I was pointing you to, it talks about 16 users

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and then increasing to a much larger number.

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was a lot of houses to be drawing and then 64, so I

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changed the numbers a little bit.

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Sixteen

So what I've got here are four subscribers

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here, four houses; and they're supported by four codes,

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which you see here.

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One code/one house.

So each house is receiving its telephone

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service, TV, cable, whatever the case may be, using its

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assigned code.

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And so at this point, everything is great,

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because we've got four channels, four codes, and four

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subscribers.

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Q.

So what happens if we need to service more

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subscribers than just the four that you had shown us

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here on that slide?

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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