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 E

Page 1
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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.,
9:01 a.m.
ET AL
)
July 12, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-vs)
HTC CORPORATION,
ET AL
)

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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
[e-mail]

23
24

25

Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

Page 42
1

A.

Right.

2

Q.

Didn't invent time division multiplexing?

3

A.

Right.

4

Q.

Didn't invent combining TDMA and CDMA -- and

5

CDMA?

6

A.

That's correct.

7

Q.

Did not invent combining orthogonal codes and

8

overlay codes?

9

A.

That's correct.

10

Q.

And did not invent using overlay codes to

11

subdivide an orthogonal channel into multiple channels?

12

A.

That's correct as well.

13

Q.

So if Dr. Wells agreed that all of these

14

things were not things that were invented by the Airspan

15

inventors, what does he assert the inventors actually

16

invented?

17

A.

It's my understanding that Dr. Wells and

18

Wi-LAN is claiming that it's a combination of these

19

elements that is the invention.

20
21

Q.

Okay.

Have you seen that combination that Dr.

Wells asserts in the prior art?

22

A.

Yes, I have.

23

Q.

And where have you seen that?

24

A.

One of the references would be in the

25

Tiedemann reference.

Page 43
1
2
3

Q.

So let's talk about that.

And who is

Tiedemann?
A.

Tiedemann is a Qualcomm employee.

And what

4

I've shown here is a picture of Qualcomm and what this

5

picture is, is the co-founders are celebrating their

6

10th anniversary, and this occurred in 1985.

7

Qualcomm had been around since 1975.

8

I've included this picture, to show that Qualcomm has

9

been around a long time.

10
11

Q.

And that's why

So let's talk specifically about this

Tiedemann reference, which is Defendants' Exhibit 124.

12
13

So

Can you tell us what we're looking at?
A.

Yes.

This is a document that Mr. Tiedemann

14

presented at a telecommunications conference that was

15

held in Boston in 1994.

16

if you look at the top right, shows that it's Edward G.

17

Tiedemann, Jr., and he is employed by Qualcomm out of

18

San Diego.

19
20

And as I mentioned, the name,

Now, the title of the -- of the document that
he provided was CDMA for Cellular and PCS.

21

In the bottom right-hand corner, you see in

22

the highlighting that Mr. Tiedemann is explaining that

23

his solution for PCS, this personal communications

24

system, is an extension to IS-95.

25

Q.

So I'd like to talk about what you found here

Page 44
1

in this Tiedemann paper.

2
3

Did you find that Tiedemann describes CDMA
using orthogonal codes and orthogonal code generators?

4

A.

Yes, I did.

5

Q.

Can you explain that?

6

A.

As shown on this slide, you see the text

7

that's highlighted, and it says the orthogonal covering

8

codes are a set -- are the set of 64-ary Walsh

9

functions.

In English, that means that there are 64

10

squared, or they're a square box of 64, and that's the

11

same 64 Walsh codes that I showed you on the slide.

12
13
14
15

So that 64-ary is probably not a common word
many of us use, but that's what is meant by that.
Q.

And did you also find that TDM -- or that

Tiedemann described TDM techniques?

16

A.

Yes, I did.

17

Q.

And could you explain that?

18

A.

Yes.

And if this looks similar, this is very

19

similar to the language that I showed you for the

20

IS-95-A specification.

21

Mr. Tiedemann is describing the paging channel that I

22

talked about.

23

milliseconds' duration.

24
25

And here at the top,

It's divided into slots of 80

So this is the interval of time, are those
80-millisecond slots.

And then he describes that there

Page 45
1

is a period of repetition, and that would be the frame.

2

And those are assigned slots.

3

And then he discusses that there's hash

4

functions that are used on the paging channel for a

5

specific slot that the mobile and the base station are

6

to use.

7
8
9

The mobile is to monitor.
So you can see -- and that is almost the exact

language out of the IS-95-A specification.
Q.

And so did you find that the Tiedemann

10

document itself described TDM techniques under the

11

Court's construction?

12

A.

Yes.

13

Q.

And did you also find that Tiedemann described

14

overlay codes?

15

A.

Yes.

16

Q.

And could you explain that?

17

A.

As you can see -- as you can see, it's pretty

18

easy to find.

19

called overlay encoding, and overlay encoding adds

20

additional orthogonal channels.

21

It actually says there is a technique

And then he actually refers to an overlay

22

encoder block to show how he's modifying IS-95, or

23

extending it to support these new PCS system

24

requirements.

25

Q.

And so there is a diagram in Tiedemann, Figure

Page 46
1
2

4-2.

Can you explain what we're looking at?
A.

Yes.

Mr. Tiedemann provided this block

3

diagram in his paper on the left.

4

attention first to the top box on the blue -- it's here

5

(indicating) -- that says Walsh Code generator.

6

those are those Walsh codes.

7

codes are generated.

8

whole page.

9

And I draw your

And

That's where the Walsh

Those 64-ary Walsh codes are that

He also then shows where the overlay encoder

10

and generator is at.

11

page a figure, Figure 7A, from the overlay patents.

12

And now I've also included on the

As you can see, I've colored-coded to show

13

that the overlay code of patents have overlay code

14

generator.

That's in purple.

15

And we also have the RW code generator here.

16

The RW, remember it stands for Rademacher-Walsh codes.

17

Those are the Walsh codes that match the Walsh codes on

18

the left, and the encoder.

19

Q.

I would now like to go through the claims of

20

the asserted patents and see if we can find each one of

21

the elements, and I have some boards to do that.

22
23

MR. APPLEBY:

Your Honor, may I set up

one of the boards?

24

THE COURT:

25

MR. APPLEBY:

Yes, you may.
And I will wear the

Page 47
1

microphone, so I can come up to the board.

2

Q.

(By Mr. Appleby) With regard to the Tiedemann

3

reference itself, did you find that the Tiedemann

4

reference disclosed what we call the preamble of Claim

5

1?

6
7

We're looking at Claim 2, and you understand
Claim 2 is dependent on Claim 1?

8

A.

That's correct.

9

Q.

And what does that mean?

10

A.

That's a shorthand way, that's another one of

11

those things I had to learn.

12

all the claims as independent claims.

13

Why didn't they just write

Well, it's a shorthand way of writing a claim.

14

So if you see a dependent claim, like we have here in

15

Claim 2, you just include everything with Claim 1, like

16

it was all written for Claim 2, and then add the part

17

for Claim 2.

18

remember it.

19

At least that's the easiest way I use to

It's just so they don't use a lot of pages, is

20

the way I figure it of rewriting the same text over and

21

over.

22
23
24
25

So if you have a dependent claim, we have to
first look at the components of the claim it depends on.
And it says it depends on Claim 1, so that's
what we'll look at first.

Page 48
1
2

Q.

Okay.

So did you find the preamble of Claim 1

in Tiedemann?

3

A.

Yes, I did.

4

Q.

And could you explain that?

5

A.

Tiedemann is -- has -- you need to turn it a

6

little more.

7

Q.

Sorry, Mr. Lanning.

8

A.

I'm struggling to stay at the microphone and

9

seeing the slide.

10

There you go.

Tiedemann describes a transmission controller

11

for processing the data items transmitted over the

12

wireless link.

13

paging channel.

14
15

Well, that would be at least for the

And then to the subscriber terminal, that's to
the mobile phone.

16

And then a single frequency channel, the CDMA

17

system that he's describing uses a single frequency

18

channel, and it's transmitting data items pertaining to

19

the plurality of frames, meaning to the different cell

20

phones.

21

Q.

22

So can I check this that was found in the

preamble?

23

A.

Yes.

24

Q.

So did you find an orthogonal code generator

25

in the Tiedemann reference?

Page 49
1

A.

Yes, and I pointed to it.

2

again.

3

I'll point to it

see right there in blue.

That would be the Walsh code generator that you

4

Q.

So can I check the orthogonal code generator?

5

A.

Yes.

6

Q.

And did you find a first encoder?

7
8
9

This is the

first encoder element in the Tiedemann reference?
A.

Yes.

And I'll circle this one, and it is a

circle with a plus in it.

That's the encoder.

You see

10

the arrow that goes from the Walsh code generator,

11

that's where it goes down and it's encoded with other

12

codes.

13

That's what that means.
Specifically, it's an exclusive -- or a gate,

14

but we did put a circle with a plus in there.

15

means it's included.

That

16

Q.

And may I check that element?

17

A.

Yes.

18

Q.

And did you find a TDM encoder arranged to

19

apply time division multiplexing techniques in the

20

Tiedemann reference?

21

A.

Yes.

As I explained earlier, this slide shows

22

that this is the TDM techniques that they're explaining

23

here; that it has all three components.

24
25

It has -- it has the interval of time; it has
the predetermined frame; and it has one or more

Page 50
1

characteristics associated with the data item, which

2

would be the actual identification of the cell phone.

3

Q.

And so can I check that off?

4

A.

Yes.

5

Q.

Now, moving down the Claim 2, did you find --

6
7
8
9
10

MR. APPLEBY:

Can I have the slide back

up?
Q.

(By Mr. Appleby) Did you find an overlay code

generator in the Tiedemann reference?
A.

11

One more slide.
Yes.

There it is.

If we can look -- if we look at this box

12

in purple, it actually says overlay code encoder as

13

required by the claim.

14

Q.

So may I check that box?

15

A.

Yes.

16

I should be clear.

This box has both the

17

overlay code generator, which is the first part of Claim

18

2, and it has the second encoder, which is the overlay

19

encoder.

20

Q.

So I can check both of those?

21

A.

Yes.

22

Q.

And Claim 2 is a preamble, a transmission

23
24
25

controller as claimed in Claim 1.
A.

Do we have that?

Yes, because we have the same transmission

controller in Claim 1 that I described.

Page 51
1

Q.

So I may check that?

2

A.

Yes.

3

Q.

And in the Tiedemann reference, are the -- is

4

the overlay code -- is the overlay encoding done on the

5

same channels that the TDM techniques are done?

6

A.

No, they're not.

7

Q.

So they are on separate channels?

8

A.

Yes.

9

They're all orthogonal channels, but

because the way a cellular system needs to work, you

10

have two different types of channels, at least two.

11

type are the control channels and paging channel is part

12

of the control channels.

Then you have what we refer to

13

as the traffic channels.

The traffic channels are used

14

to carry the voice conversation.

15

One

And so there's two different types of

16

channels.

17

Tiedemann for the traffic channels, and the TDM encoder

18

is used for the paging channel.

19

Q.

And so the overlay encoder is used in

And looking back at our figure, did you -- did

20

you compare Figure 4-2 from Tiedemann that we see from

21

the overlay patents?

22

A.

Yes, I did.

And you can see there the

23

comparisons with the color codes for the relevant

24

portions of each diagram.

25

Q.

And we see the overlay code generator and

Page 52
1

second encoder in that comparison?

2

A.

Yes.

3

Q.

Where is that?

4

A.

The overlay encoder with the -- in the purple

5

box here, and you see the overlay code generator and

6

encoder here in the pink.

7
8
9

Q.

And we also see the orthogonal code generator

and first encoder in that comparison?
A.

Yes.

Here is the overlay code generator.

10

Here's the overlay code encoder.

11

code generator.

12

(indicating).

13

Q.

Here is the overlay

Here is the overlay code encoder

So now I'd like to -- so now that we've

14

checked all of Claim 2, what is your opinion as to

15

whether Claim 2 is anticipated by the Tiedemann

16

reference?

17

A.

The '326 patent, Claim 2 is anticipated,

18

because I've shown you that it actually describes each

19

and every limitation of Claim 2, which includes Claim 1.

20
21
22

So my opinion is that Tiedemann anticipates
Claim 2.
Q.

Okay.

23

claim.

24

So now I'd like to move to another

patent, Claim 2.

25

Asserted claim?

I'm going to move to the '211

And could you tell us what's different -- what

Page 53
1

difference, if any, exists between the '211 patent,

2

Claim 2 and the Claim 2 we just saw in the '326 patent?

3

A.

I realize you've heard this before, but if you

4

can think of the '326 as the transmitter or the base

5

station.

6

mobile phone.

The '211 claims are the receiver for the
And that's why you see a difference.

7

Instead of an encoder, there's a decoder.

8

has to do the reverse function at the mobile phone.

9
10
11
12

Q.

Okay.

It

So did you find the preamble of Claim 1

in -- of the '211 patent in Tiedemann?
A.

Yes, I did, for the same reasons I specified

earlier for the '326, Claim 2.

13

Q.

So may I check that?

14

A.

Yes.

15

Q.

And did you find the orthogonal code generator

16

and decoder elements of Claim 2 in the Tiedemann

17

reference?

18
19

A.

Yes, I did.

And, again, to remind you that's

that Walsh code generator and the encoder right there.

20

Q.

And so may I check those?

21

A.

Yes.

22

Q.

And did you find a TDM decoder disclosed in

23
24
25

the Tiedemann reference?
A.

Yes, I did, for the same reasons.

that's the paging channel.

Again,

Page 54
1
2

Q.

And the Tiedemann reference discusses both the

base station and the mobiles --

3

A.

Yes.

4

Q.

-- is that correct?

5

A.

Yes.

6

Q.

And so '211 would be directed to the mobiles,

7

and the '326 is directed to the base station?

8

A.

That's correct.

9

Q.

So moving down to Claim 2, do we find a

Yes.

10

reception controller as in Claim 1 in the Tiedemann

11

reference?

12

A.

Yes.

13

Q.

And why is that?

14

A.

Tiedemann describes it, and this would be the

15

same controller that we discussed earlier.

16

block diagram is the controller, essentially.

17

Q.

This whole

And did we -- did you find an overlay code

18

generator and second decoder in Tiedemann for Claim 2 of

19

the '211 patent?

20
21

A.

Yes.

This right here would be that box.

It

performs both of those functions.

22

Q.

And may I check those?

23

A.

Yes.

24

Q.

So what is your opinion as to whether Claim 2

25

of the '211 patent is anticipated by Tiedemann?

Page 55
1
2
3
4

A.
Claim 2.
Q.

Okay.

So let me move to another claim.

Let

me go to the '211 patent, Claim 5.

5
6

The Tiedemann indeed does anticipate the '211,

And this is -- the '211 patent is directed to
a subscriber terminal or mobile unit, right?

7

A.

Yes.

8

Q.

So let's go through this.

9
10

Did you find a subscriber terminal of the
wireless communication system in Tiedemann?

11

A.

Yes, I did.

12

Q.

And why is that?

13

A.

It essentially is this whole block diagram

14

that it's describing.

15

Q.

So may I check that?

16

A.

Yes.

17

Q.

And did you find the orthogonal code generator

18

and first decoder of Claim 5?

19

different from what we saw before?

20

A.

21

Claim 2.

22

No.

Are these elements any

They're the same elements as the '211,

the same.

23
24
25

So they should look familiar to you.

They are

So I believe we should check those as well.
Q.

And is the TDM decoder element any different

in Claim 5 from the element we saw in Claim 2?

Page 56
1
2
3

A.

No.

It's the same as Claim 2.

So we should

check that as well.
Q.

And is -- the overlay code generator and

4

second decoder elements, are they any different than

5

what we saw in Claim 2?

6
7
8
9
10
11

A.

No.

So, again, we should be able to check

those.
Q.
color.

Now, this last element we see is a different
Is that because Claim 5 has added another

element?
A.

Yes.

This essentially is the only difference

12

between Claim 2 and Claim 5.

13

Rademacher-Walsh codes.

14
15
16

Q.

Claim 5 adds the use of

And did you find those in the Tiedemann

reference?
A.

Yes.

As the box actually says, there's the

17

Walsh codes that are used for that.

And Walsh codes and

18

Rademacher-Walsh codes are the same.

Some people just

19

call them by both names or just one name for short.

20

Q.

So in -- can I check that?

21

A.

Yes.

22

Q.

And so what is your opinion as to whether

23

Claim 5 of the '211 patent is -- is anticipated by the

24

Tiedemann reference?

25

A.

Tiedemann anticipates Claim 5 of the '211

Page 57
1

patent.

2

Q.

Okay.

Now I'd like to move to another claim.

3

And this is the '326 patent, Claim 5.

4

these elements that we see in Claim 5 the same as the

5

elements that we saw in the '326 patent, Claim 2?

6

A.

Yes.

And are any of

If you look at the -- from the

7

beginning, it's referred to as the preamble, to the

8

limitations all the way down the blue, the orange, and

9

the purple.

10
11

All of those limitations are essentially

the same, if not exactly the same, as the '326, Claim 2.
Q.

And so have we found those elements in the

12

Tiedemann reference for the same reasons that you gave

13

previously?

14

A.

Yes.

So I believe we can check all the way

15

down until you get to the last two colors.

16

be different.

17

Q.

Those will

And with respect to the last two, I'd actually

18

like to start with the last one, the green one:

19

the set of orthogonal codes comprise a set of

20

Rademacher-Walsh codes.

21
22

Wherein

Did you find that in Tiedemann?
A.

Yes, I did.

As I just discussed for the '211,

23

Claim 5, that the Rademacher-Walsh codes are there,

24

again, as described in this box.

25

Q.

So may I check that?

Page 58
1

A.

Yes.

2

Q.

Now, the last element that we have yet to

3
4

check is storage.
A.

What is that directed to?

This limitation requires that the set of

5

orthogonal codes -- and what it means by the set of

6

orthogonal codes -- in this case, it would be those 64

7

orthogonal codes that are 64-bits long -- are stored.

8

And those are stored in this Walsh code generator.

9
10
11

Q.

And why do you believe that the Tiedemann

reference discloses storage?
A.

Because the 64 Walsh functions are fixed.

12

It's very straightforward, and it's the only feasible

13

way to actually use the 64 Walsh code functions, is to

14

just simply store them in memory and pull them out.

15

It's a very small amount of memory.

It's

16

only -- it only takes 512 bytes of memory to store all

17

64 of these codes.

18

To give you an idea -- you probably don't have

19

anything to relate that to.

20

on your smartphone or your computer or one of the kids

21

have it stored, it uses at least 3 million bytes for one

22

of those songs.

23

If you have a song stored

To store these Walsh codes would be only 512

24

bytes.

25

3/100ths of a second, to give you a comparison of how

So if you were to play 512 bytes, that's

Page 59
1

small it is to store this chip.

2

Q.

Okay.

3

A.

Yes.

4

Q.

So what is your opinion as to whether the

5

So may I check that?

'326, Claim 5 is anticipated by Tiedemann?

6

A.

7

patent.

8

Q.

9

Tiedemann anticipates Claim 5 of the '326

Okay.

Sir, I think we've gone through four of

the six asserted claims, and we've found those to be

10

anticipated by Tiedemann.

11

in the timeframe, can we explain what we have on this

12

slide?

13

A.

And just to put -- put this

This shows -- we've already looked at and saw

14

where IS-95 came out in 1993, and IS-95-A in 1995.

15

I've added Tiedemann on the timeline to show that it was

16

published in 1994, the middle of 1994, which is more

17

than two years, two-and-a-half years before the Airspan

18

patents.

19

Q.

20

obviousness.

21

Now,

you explain that for us?

22

A.

Okay.

So I want to move to your opinions on

What does -- what does obviousness -- can

Obviousness is different than anticipation.

23

If you recall, for anticipation, the document has to

24

disclose each and every limitation.

25

For obviousness, there's -- there's two tests.

Page 60
1

And obviousness can be for one document or one

2

publication, and it would be obvious to a person of

3

ordinary skill in the art that you could make extensions

4

or that the modification could be made to meet the same

5

requirements listed by the invention.

6

Or there's another way to show obvious (sic),

7

and that's where I can combine two or more references

8

together to show that those two references would be

9

obvious to be combined together that would then disclose

10
11
12
13

or describe the invention that's in the claims.
Q.

So do you have an opinion as to who a person

of ordinary skill in the art would be?
A.

A person of ordinary skill in the art is a

14

legal definition that I need to use.

15

hypothetical person.

16

means a person that's knowledgeable, has an appropriate

17

education, working in the industry looking at these

18

documents.

19

It's for a

But typically, just in English, it

I've provided the specific type of degree and

20

education that they need to have, in my mind, and the

21

type of experience.

22

In the second bullet, you'll see that I

23

explain that they need to have two or more years

24

experience in the design and configuration of cellular

25

networks.

They need to have some knowledge of what a

Page 61
1

cellular network is like.

2

And they also need to be familiar with the

3

second-generation and third-generation cellular --

4

cellular networks.

5

ordinary skill also has access to all the prior art.

6
7
8
9

And this hypothetical person of

It's like that they have a knowledge and know
that that prior art exists.
Q.

So let's turn to Claim 9 and -- of the '326

patent and Claim 11 of the '819 patent.

10

And are those dependent claims?

11

A.

Yes.

12

Q.

And Claim 9 of the '326 patent depends on

13

Yes, they are.

Claim 5?

14

A.

That's correct.

15

Q.

And we've already found that Claim 5 has all

16

the elements that Tiedemann shows, all the elements of

17

Claim 5; is that right?

18

A.

That's correct.

19

Q.

So what does Claim 9 require?

20

A.

Claim 9 requires that a -- that the control

21

channel, or the acquisition channel, as specifically

22

listed here, includes overlay codes instead of time

23

slots, or TDM encoders, or that TDM techniques as we

24

describe.

25

Q.

And is that disclosed by Tiedemann?

Page 62
1

A.

No, it's not.

2

Q.

And why do you say that?

3

A.

Tiedemann applies the overlay codes only to

4

the traffic channels for increasing the data-rate or

5

slowing the data-rate down on the traffic channels that

6

I described that were used for either data connections

7

or voice connections.

8

applying overlay codes to a paging channel.

9

Q.

Tiedemann does not describe

Why do you believe Claim 9 -- I should say do

10

you believe that Claim 9 would be obvious in light of

11

Tiedemann?

12

A.

Yes.

This is the first test.

This would be

13

just a single reference, obviousness.

14

skill in the art, reading Claim 9 in Tiedemann, would

15

understand that it would be obvious to modify Tiedemann

16

to just apply the overlay codes to the paging channel,

17

because that -- or instead of the TDM encoder because

18

overlay codes are already being used.

19

is there.

20

diagram.

21
22

Q.

One of ordinary

All the circuitry

As you saw, that circuitry was in the block

And so is it your conclusion that Claim 9 is

obvious in light of the Tiedemann reference?

23

A.

Yes.

24

Q.

So let me move to Claim 11 of the '819 patent.

25

And Claim 11 depends from Claim 7 of that

Page 63
1

patent; is that right?

2

A.

Yes, that's correct.

3

Q.

Now, looking at Claim 7, are -- the elements

4

in Claim 7, have we seen those elements already today?

5
6

A.

These are all of the elements -- these

elements are in Claim 5 of the '326, I believe.

7
8

Yes.

Q.

Yes.

And we have already found all of those

elements in the Tiedemann reference; is that right?

9

A.

That's correct, yes.

10

Q.

And Claim 11, what does Claim 11 add to Claim

A.

Claim 11 is like the opposite of Claim 9.

11

7?

12
13

And if we can read it, it says:

A TDM encoder

14

arranged to apply time division multiplexing techniques,

15

TDM techniques, to data items sent over the traffic

16

channel.

17

Well, remember Tiedemann puts TDM on the

18

paging channel, but he doesn't put TDM on the traffic

19

channels.

20

He put overlay codes.

21
22
23

So this is somewhat just the reverse of Claim
9.
Q.

And so did you find Claim 11 disclosed by

Tiedemann?

24

A.

No, I did not.

25

Q.

And why not?

Page 64
1

A.

Because Tiedemann does not have a TDM encoder

2

that would be used for the traffic channels.

3

just the overlay encoder.

4
5

Q.

He uses

Do you believe that Claim 11 would have been

obvious in light of Tiedemann?

6

A.

Yes, I do.

7

Q.

And why is that?

8

A.

Because, again, the same circuitry is all

9

there.

If one of ordinary skill in the art wanted to

10

add that TDM functionality, all those slots that we saw

11

on the paging channel, if they wanted to just add slots

12

on the traffic channels, they would just simply use the

13

same circuitry to do that.

14

Q.

And what would the motivation or purpose of

15

one of ordinary skill in the art have for modifying

16

Tiedemann that way?

17

A.

If they wanted to actually divide the traffic

18

channels into different slots so that they could support

19

different users for each overlay code, that would be the

20

motivation to --

21

Q.

And --

22

A.

-- make that modification.

23

Q.

If Tiedemann shows that TDM encoder on a

24

control channel, why would it have been obvious to one

25

of skill in the art to use that on a traffic channel?

Page 65
1

A.

Again, for the same reasons you have the TDM

2

encoder on the paging channel, so that you can actually

3

divide that orthogonal channel up into multiple time

4

slots.

5

Q.

If -- would one of ordinary skill in the art

6

recognize that if you could use a Tiedemann -- TDM

7

encoder on a paging channel, that you could also use it

8

on a traffic channel?

9

A.

Yes.

It's -- everything is the same

10

essentially.

11

this encoder or this encoding circuitry for my traffic

12

channels.

13

Q.

It's just the choice, do I want to engage

In looking back at Claim 9, would one of

14

ordinary -- Claim 9 of the '326 patent, would one of

15

ordinary skill in the art recognize that if you did

16

overlay coding on a traffic channel, you could also use

17

that on a control channel?

18

A.

Again, it's all the same circuitry.

Tiedemann

19

has described how you do it on a traffic channel.

20

there was a reason that I wanted to divide up the

21

channel for the paging channel using overlay codes, I

22

could do the same thing with the same circuitry, same

23

block diagram.

24
25

Q.
reference.

Okay.

So now I'd like to move to another

If

Page 66
1
2
3

Can you describe what we're looking at here on
Slide 28?
A.

This was a patent that was -- the inventor is

4

Gitlin, Richard Gitlin.

5

Gitlin.

6

I should say Lucent.

7

He was an employee of Bell Labs.

8

pioneers.

9
10
11

You've heard of Dr. Richard

He was part of the Bell Labs or the Alcatel -I think it was in the Lucent days.
He's one of the

And this is a patent that describes how
CDMA -- how to combine CDMA with TDM.
Q.

12

So let's look forward -- move ahead one slide.
And can you describe what Gitlin -- what

13

Gitlin disclosure exists, if any, about CDMA plus TDM

14

techniques?

15

A.

All right.

If we look -- so the CDMA or the

16

orthogonal codes, the CDMA, is shown here.

And it's

17

labeled code space and it's C0 through C7.

Those refer

18

to 7 -- 8 different codes.

19

8 different codes.

20

Since we start at 0, there's

Then he also has time slots going sideways on

21

the horizontal from S0 to S6.

22

with slots.

23
24
25

Q.

CDMA plus TDM.

And did you find TDM techniques as construed

by the Court?
A.

So he's combining codes

Yes.

Page 67
1

Q.

Could you explain that?

2

A.

You have TDM techniques.

3
4

So there's a frame.

So we need three pieces, right?

We need a --

we need this slot, or we need the increment of time.

5

And we see all kinds of different slots.

This

6

would be the slots (indicating) that are shown from S0

7

to S6.

8

through S6.

And then the frame period would be from S0

9

That's the frame period.

And the third thing we need for that

10

construction -- for the Court's construction for TDM

11

techniques is a characteristic of the data.

12

you look down at the bottom of Gitlin, you'll see that

13

the characteristics of data have to do with whether you

14

have high-speed users, medium-speed users, or low-speed

15

users, and also the user ID.

16
17

Well, if

So there's two different characteristics
associated with the data item.

18

Q.

And why would the users need different speeds?

19

A.

Users have different speeds, want to pay

20

different amounts, or they may only want to send a fax

21

part of the time, and then want lower speed for voice

22

calls or lower speed data connections at other times.

23

Q.

Okay.

So let's look quickly at the claim --

24

actually, yeah, let's look quickly at the claim

25

language.

Page 68
1

And did you find a -- the preamble satisfied

2

by -- actually, it says Gitlin plus Tiedemann.

3

would you combine Gitlin and Tiedemann?

4

A.

Why

Because Gitlin doesn't have the overlay codes.

5

So, essentially, for at least the reason -- there's two

6

different reasons; but the main reason is that Gitlin

7

doesn't describe overlay codes.

8

earlier, Tiedemann does.

9

But as I showed you

So in combining Gitlin with Tiedemann, Gitlin

10

gives us the CDMA plus TDM; Tiedemann gives us the

11

overlay codes.

12

Additionally, Tiedemann also gives us the

13

Walsh codes, if we need to show for the orthogonal codes

14

or CDMA.

15

Tiedemann gives it -- gives us the orthogonal codes.

16
17

Q.

I have it in two places.

Okay.

Both Gitlin and

So does the Gitlin plus Tiedemann

combination disclose the preamble of Claim 1?

18

A.

Yes.

19

Q.

And may I check that?

20

A.

Yes.

21

Q.

And does -- did you find in Gitlin an

22

orthogonal code generator -- let me start over.

23

Did you find in a combination of Gitlin and

24

Tiedemann an orthogonal code generator and a first

25

encoder?

Page 69
1

A.

Yes.

2

Q.

And can you explain that?

3

A.

That -- well, we can look at it two ways, but

4

it's at least in Tiedemann.

5

that there is an orthogonal code generator and the first

6

encoder.

7

As I've already explained,

And if you remember, it's the box with Walsh

8

encoder or Walsh generator, and then the circle with the

9

plus in it.

10

Q.

And we saw C -- CDMA in Gitlin, right?

11

A.

Yes.

12

Q.

Okay.

13

A.

Yes.

14

Q.

And did we find a TDM encoder arranged to

15
16

And Gitlin is for CDMA as well.
May I check those?

apply time division multiplexing techniques in Gitlin?
A.

17

Yes, we did.
As you can see with the slots that are here,

18

this would be the TDM encoder.

19

encoder in Tiedemann for the paging channels.

20

doubled up there as well for the TDM encoder.

We also find a TDM
So we've

21

Q.

And may I check that?

22

A.

Yes.

23

Q.

And the elements of Claim 2, the overlay code

24

generator and the second encoder, where do we find

25

those?

Page 70
1

A.

Those are found in Tiedemann and not Gitlin.

2

Q.

Okay.

3
4
5

And why would it have been obvious in

your mind to combine Gitlin and Tiedemann?
A.

Because both of these patents are in regard to

cellular systems, specifically, CDMA wireless systems.

6

And Gitlin was from Bell Labs, AT&T Bell Labs.

7

Tiedemann was from Qualcomm.

8

the early 1990s, they were working together on CDMA

9

solutions.

10

And as you've heard, in

So there's multiple reasons why one of

11

ordinary skill in the art would combine Gitlin with

12

Tiedemann.

13

Q.

Okay.

14

A.

Yes.

15

Q.

And so what is your conclusion about whether

So may I check the elements of Claim 2?

16

Claim 2 of the '326 patent is obvious over Gitlin plus

17

Tiedemann?

18
19
20

A.

The combination of Gitlin plus Tiedemann

invalidates Claim 2 of the '326 patent.
Q.

And if we look at Claim 5 of the '326, we

21

found all of these elements in Gitlin and Tiedemann

22

already; is that correct?

23

A.

Yes, that's correct.

24

Q.

And would your opinion of obviousness,

25

combining Tiedemann and Gitlin, be to render obvious

Page 71
1
2
3

Claim 5 of the '326 patent?
A.

Yes.

The combination of Gitlin plus Tiedemann

invalidates Claim 5 of the '326 patent.

4

Q.

For all the reasons you've already given?

5

A.

Yes, that's correct.

6

Q.

And with respect to -- with respect to the

7

'211 patent, Claim 2, we found all these elements in

8

Gitlin plus Tiedemann; is that correct?

9

A.

That's correct.

10

Q.

And so what's your opinion as to whether

11

Gitlin plus Tiedemann would render obvious Claim 2 of

12

the '211 patent?

13

A.

That the combination of Gitlin plus Tiedemann

14

renders obvious or invalidates Claim 2 of the '211

15

patent.

16

Q.

And with respect to Claim 5 of the '211

17

patent, we've found all those elements in Gitlin plus

18

Tiedemann already, as well, have we not?

19

A.

That's correct.

20

Q.

And what would your opinion be as to whether

21

Claim 5 of the '211 patent would be rendered obvious by

22

Gitlin plus Tiedemann?

23

A.

That Claim 5 of the '211 patent is rendered

24

obvious or invalid, based on the combination of Gitlin

25

plus Tiedemann.

Page 72
1

Q.

And what's your opinion as to whether Claims 9

2

and -- of the '326 patent and Claim 11 of the '819

3

patent would be rendered obvious by Gitlin plus

4

Tiedemann?

5
6
7

A.

That both of those claims would be rendered

obvious by the combination of Gitlin plus Tiedemann.
Q.

8

Okay.

9
10

So let me talk about one more thing.

Now, you heard Dr. Wells point to OVSF codes
in the -- as evidence of overlay codes in the accused
systems.

You've heard that testimony, right?

11

A.

Yes.

12

Q.

Were OVSF codes known before the Airspan

13

patents?

14

A.

Yes, they definitely were.

15

Q.

And where were they known before the Airspan

16
17

patents?
A.

This is a reference that you've seen at least

18

a couple of times, at least I remember seeing it a

19

couple of times, from Qualcomm, co-founder Klein

20

Gilhousen.

21

Q.

And this describes OVSF codes.
And could you explain how Gilhousen

22

describes -- how the Gilhousen OVSF codes relate to what

23

we see in the W-CDMA standard?

24
25

A.

Yes.

Again, this is another slide that you've

seen a couple of times, so I won't spend too much time

Page 106
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