WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 492

RESPONSE to Motion re 481 MOTION for New Trial CONCERNING THE NON-INFRINGEMENT OF CERTAIN CLAIMS OF U.S. PATENT NOS. 6,088,326; 6,222,819; 6,195,327 AND 6,381,211 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: Markman Transcript, # 2 Exhibit B: Trial Transcript, # 3 Exhibit C: Trial Transcript, # 4 Exhibit D: Trial Transcript, # 5 Exhibit E: Trial Transcript, # 6 Exhibit F: PX 1, # 7 Exhibit G: PX 2, # 8 Exhibit H: PX 3, # 9 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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3

WI-LAN, INC.

)

4

DOCKET NO. 6:10cv521
-vs-

5

6
7
8

9
10

)

Tyler, Texas
ALCATEL-LUCENT USA, INC.,
8:27 a.m.
ET AL
)
July 11, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-vs)
HTC CORPORATION,
ET AL
)

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13
14

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TRANSCRIPT OF TRIAL
MORNING SESSION
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY

16
17
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19
20

21

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COURT REPORTERS:

MS. SHEA SLOAN
MS. JUDY WERLINGER
211 W. Ferguson
Tyler, Texas 75702
[e-mail]

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25

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

Page 6
1

(Jury in.)

2

THE COURT:

Please be seated.

3

All right.

Counsel, you may continue.

4

MR. APPLEBY:

5

Thank you, Your Honor.

STEPHEN WICKER, Ph.D., DEFENDANTS' WITNESS,

6

PREVIOUSLY SWORN

7

DIRECT EXAMINATION (CONTINUED)

8

BY MR. APPLEBY:

9

Q.

Welcome back, Dr. Wicker.

10

A.

Good morning.

11

Q.

I want to pick up where we left off yesterday

12

afternoon and maybe just take a brief step back so we

13

can reset where we were.

14
15

MR. APPLEBY:

Could I have Slide --

yeah -- 10-31 brought up?

16

In fact, we were using a board.

17

Your Honor, may Dr. Wicker come back down

18

to the easel and the boards?

19

THE COURT:

20

MR. APPLEBY:

21

Q.

Yes, he may.
Thank you.

(By Mr. Appleby) And, Dr. Wicker, can you

22

remind us what we were looking at here with this board

23

yesterday -- late yesterday afternoon?

24
25

A.

Okay.

This is a piece of the W-CDMA standard.

It has to do with what are called channelization codes.

Page 7
1

We talked a bit about channels last night.

2

The channels are basically individual pathways

3

through which data can be transmitted, and these codes

4

establish distinct channels.

5

specific codes that are used to create these channels.

6

The OVSF codes are the

We talked a lot about this term.

It's kind of

7

long, orthogonal variable spreading factor codes.

8

they form a tree, a very nice tree.

9

on its side.

And

This tree is lying

But these are the various codes that form

10

the OVSF codes, which can be used to create channels in

11

W-CDMA.

12

Q.

13
14

And how many of those codes would be used to

create a channel?
A.

Well, in theory, there's an arbitrarily large

15

number of codes.

16

reality, and in particular for the application we're

17

talking about here, there are 15 codes that can be used

18

to create channels, one code for each channel.

19

Q.

It could just keep going.

But in

So that was -- I just want to emphasize that

20

one point.

21

many of those codes would I use?

22

A.

So if I want to create a single channel, how

Okay.

Well, it's one code per channel.

So,

23

for example, you could use this one code.

24

create one channel.

25

actually create four orthogonal channels by using those

That would create one.

That would
We could

Page 8
1
2

four codes.
Q.

Okay.

Now, I think when we broke yesterday

3

afternoon, we were talking about whether these

4

orthogonal variable spreading factor codes were new with

5

W-CDMA and HSDPA.

6
7

Were they new in those standards?
A.

No.

In fact, the underlying math is quite

8

old, but the codes themselves and their arrangement in

9

this tree goes back to the early '90s at least.

10

Q.

Okay.

11

Let me show you --

12
13
14
15

MR. APPLEBY:

Let's bring up on the

monitors Defendants' Exhibit 150.
Q.

(By Mr. Appleby) And, Dr. Wicker, if you could

identify what we're looking at for us.
A.

Okay.

This is an international patent

16

application -- international application.

17

been given to the inventor, Klein Gilhousen.

18

his name right there (indicating).

19

And it has
There's

Dr. Klein Gilhousen is one of the original

20

founders of Qualcomm.

21

name, Qualcomm, Incorporated.

22
23
24
25

Q.

In fact, there's the applicant's

And when was this international patent

application filed?
A.

Let's see.

There is an effective date here of

20th of July, 1993, right there (indicating).

Page 17
1

A.

Okay.

This is the portion of the claim --

2

and, again, it's Claim 5 of the '326 patent.

3

portion of the claim that adds the overlay to the

4

existing orthogonal channels.

5

code generator that's required.

6

over here so you can see it.

7
8

It's the

So we have an overlay
And so I've copied that

There's a second encoder for encoding those
overlay codes.

9

And that's right here.

And then storage to store set of orthogonal

10

codes.

11

overlay -- sorry -- to store the various orthogonal

12

codes, which are called for up at the top.

13
14

Q.

There has to be storage to store the various

Now, did you find these highlighted elements

in HSDPA-compatible base stations?

15

A.

No.

16

Q.

So I'd like to start walking through that

17

conclusion.

18

Before I get there, I'd like to ask whether the Court

19

has given us a construction for the term overlay code?

20

A.

Yes, it has.

21

Q.

And can you explain what that construction is?

22

A.

That construction is over -- let me clear

23

that.

24

there (indicating).

25

That construction is over here.

You can see it

An overlay code is an additional code that

Page 18
1
2

subdivides an orthogonal channel.
Q.

Now, in this version of Claim 5 that we now

3

have on the monitor, I see there's some highlighting in

4

blue and some highlighting in pink.

5
6
7

Could you tell us first what the highlighting
in blue represents?
A.

The highlighting in blue represents the

8

original channels, the orthogonal channels that are to

9

be subdivided.

10

It includes a first encoder, an

orthogonal code set, and orthogonal code generator.

11

So this is the part -- thinking back to the

12

very beginning when we were talking about the problem

13

that the patent solved, these are the original channels.

14

For example, the four orthogonal channels that

15
16
17

serve the neighborhood to begin with.
Q.

So these elements relate to that just classic

CDMA; is that fair?

18

A.

Yes, that's fair.

19

Q.

Now, moving down the claim, we see elements

20
21

highlighted in pink.
A.

Okay.

What does that represent?

These elements represent the overlay

22

codes.

23

existing orthogonal codes so we can take care of the new

24

folks that have moved into the neighborhood who want

25

service, but we didn't have orthogonal channels for.

This is the solution, what we put on top of the

Page 22
1

multiply it by the first encoder.

2

channels, our original 4 channels, and so we have these

3

4 packets of data that have now been spread.

4

got 16 users.

5

encoder to apply the overlay codes and the result will

6

be 16 packets of data that we can now send at the same

7

time to our 16 users.

8
9
10

That creates our 4

But we've

So what we're going to do is use a second

And so they will all be getting the service.
They will all be able to watch the movies and et cetera.
Q.

Okay.

Now that we've taken a look at the

11

patent, I want to step back to the claim, Claim 5 of the

12

'326 patent; and ask you whether you found the pink

13

overlay code elements in HSDPA-compatible base stations?

14

A.

The pink part?

15

Q.

The pink part.

16

A.

There were no overlay codes in HSDPA.

17

Q.

Did you find an overlay code generator in

18

You asked about the pink?

HSDPA-compatible base stations?

19

A.

No.

20

Q.

And did you find overlay codes?

21

A.

No.

22

Q.

And did you find a second encoder?

23

A.

No.

24

Q.

And could you explain your conclusions on

25

those points?

No.

Page 23
1

A.

Yes.

What I found was that it was a

2

straightforward CDMA system.

3

encoding orthogonal codes to create separate channels,

4

but there was no subdivision of those channels.

5

was no additional code that was used to subdivide any of

6

the existing channels.

7

occasion that couldn't change.

8
9

It had an encoder for

There

We simply had a fixed channel on

I showed you the channels on the chart.
were some data channels.

This is the chart.

There

So there

10

are data channels and control channels.

11

change.

Nothing here is subdivided by overlay codes.

12

Q.

For the channels that we see on this chart,

That doesn't

13

these are the channels that are used in HSDPA and

14

W-CDMA; is that correct?

15

A.

That's correct.

16

Q.

How many codes are used on each one of these

17

channels?

18

A.

One.

As I showed before, there is, for

19

example, one code of length 16 for channel 0.

20

to do.

21

Every one of these channels going down this list is one

22

code.

23

Q.

It's hard

One code of 116 for channel 1 and so forth.

Now, we see on this chart that data channels

24

have a spreading factor of 16.

25

factor chosen?

When was that spreading

Page 24
1

A.

That spreading factor was chosen when HSDPA

2

was first invented, when it was first put together by

3

the standards group.

4
5
6

Q.

Does -- the spreading factor on the data

channels for HSDPA, does that ever change?
A.

7

No.

No.

It's fixed.

If you used HSDPA from day one up until now,

8

it's going to be spreading factor 16 on the data

9

channels.

10

Q.

Now, looking at these control channels, for

11

instance, the AICH, what is the spreading factor on that

12

channel?

13
14
15
16
17
18

A.

The AICH is the one on the bottom, and the

spreading factors, as you can see, is 256.
Q.

And when was that spreading factor for that

channel, the AICH channel, chosen?
A.

Again, from the very beginning.

It's been

that way and it hasn't changed.

19

Q.

20

ever change?

21

A.

No, not in HSDPA.

22

Q.

Now, so after looking at these channels, does

Can the spreading factor on the AICH channel

23

the -- do HSDPA-compatible base stations have an overlay

24

code generator?

25

A.

No, they don't.

Page 25
1
2

Q.

And do they have a second encoder to apply an

overlay code generator?

3

A.

No.

4

Q.

Now, you were in the courtroom when Dr. Wells,

5

Wi-LAN's expert, testified that HSDPA base stations met

6

this limitation, were you not?

7

A.

Yes, I was.

8

Q.

So let me show you a demonstrative that

9
10

Dr. Wells used.

Do you recall Dr. Wells using this

demonstrative in the course of his testimony?

11

A.

Yes, I do.

12

Q.

And do you recall Dr. Wells testifying that

13

this demonstrative, in his view, showed that HSDPA base

14

stations use overlay codes?

15

A.

Yes.

16

Q.

And do you agree with that conclusion?

17

A.

No.

18

Q.

And why not?

19

A.

I think he's misreading the chart, because

20

what we see here is that -- in this particular example,

21

here we've got 14 high-speed physical downlink shared

22

channels that are using 14 different codes.

23

I believe he pointed to this code here

24

(indicating) and said that it had been subdivided to

25

create these channels.

That's simply not right.

These

Page 26
1

channels down at the bottom, these control channels,

2

have a single sequence.

3
4

It's got spreading factor 256.

This code of spreading factor 16 is never
used.

In fact, it can't be used.

5

If you've got this particular set of length

6

256 sequences, this code is blocked.

7

at all.

8

subdividing this particular sequence; you can't use that

9

sequence.

You can't use it

10

It's not a matter of taking overlay codes and

We're instead using different sequences down

11

here of length 256 to create our reliable control

12

channels.

13
14
15

Q.

There's still only one code for each channel.
Have you seen other documents that confirm

your opinion on this point?
A.

Yes.

16
17

MR. APPLEBY:
Exhibit 28.

And can you pull up the whole -- yes.

18
19
20
21

Let's put up Plaintiff's

Thank you.
Q.

(By Mr. Appleby) And what are we looking at

here, Dr. Wicker?
A.

Okay.

This is a document from something -- I

22

think I've got a copy here.

23

It's a document from Qualcomm University.

24

creates these documents to teach their incoming

25

engineers and others how the technology works.

Well, maybe not.
Qualcomm

Page 27
1

And this particular one is for HSDPA.

It

2

says:

Understand -- actually, it says:

3

HSPA.

There might have been some confusion earlier.

4
5

HSPA is high-speed packet access.
actually two directions.

6
7

It's

It's uplink and downlink.

HSDPA, high-speed downlink packet access is
part of HSPA.

8
9

Understand

Q.

Okay.

And when did you first see the

document?

10

A.

I'm pretty sure it was at least a year ago.

11

Q.

This was a document that Wi-LAN was relying on

12

in its case, was it not?

13

A.

Yes.

14

Q.

So let's move back to the slides, and I'm

15

Yes, I did see it here in court.

going to show you a diagram that's in this --

16
17

MR. APPLEBY:

Can you go to the next

slide?

18

Q.

(By Mr. Appleby) And what we are looking at

19

here, this is a diagram that appears in the document we

20

just looked at.

21

A.

Okay.

This is another -- yet another OVSF

22

tree.

23

code is associated with each channel.

It's got the sequences, and it's showing how one

24
25

In this case, once again, we have our data
channels.

There's 15 of those, so we pick out 15 codes,

Page 28
1

as it says there, for our 15 channels.

2
3

Now, we've also got control channels, and the
control channels are down here (indicating).

4

Now, these control channels are using

5

sequences of length 128 and 256, as I showed you on that

6

chart earlier.

7

not subdividing this channel.

8

channel is actually blocked.

9

What that says, though, is that we're
Quite the opposite.

That

There's some language right here that explains

10

what that X means.

11

thank you -- blocked by lower code in tree.

12

It says:

Blocked by lower code --

So what that means is, not only is this

13

channel not being subdivided; it can't be used at all.

14

It's blocked by the use of these sequences down here,

15

the sequences of length 128 and 216.

16

Q.

Now, looking at those control channels that

17

you were just pointing out, those were established in

18

the standard in 2002; is that right?

19

A.

That's correct.

20

Q.

So given that those control channels are

21

established in the standard, can this code that's

22

circled in red as spreading factor 16 ever be used in

23

HSDPA?

24
25

A.

No.

No, it can't.

It's been blocked by the

use of these sequences down here for the control

Page 29
1

channels.

2

in tree.

3

Q.

It specifically says:

Blocked by lower code

If I use this code here, I can't use this one.
Can an orthogonal channel spread with that

4

code circled in red, ever be created in HSDPA at any

5

time?

6
7
8
9
10

A.

No.

If you did, you would interfere with your

control channels.
Q.

Now, do you recall Dr. Wells testifying that a

256 chip OVSF code includes an orthogonal code and an
overlay code?

11

A.

Yes.

12

Q.

Do you agree with that conclusion?

13

A.

No.

14

Q.

And why not?

15

A.

I think it goes against the Court's claim

16

construction, first.

17

said the overlay codes are additional codes.

18

portions of a code or expansions of a code; it's an

19

additional code.

20

Q.

The Court's claim construction
Not

And just so we're clear on what Dr. Wells is

21

calling the overlay code and the orthogonal code, in his

22

view, the first 16 bits of the 256 chip code were the

23

orthogonal code?

24

understood?

25

A.

Is that -- was that what you

That's correct.

Page 30
1
2
3
4
5
6

Q.

And what did you understand the overlay code

to be?
A.

The overlay code was the actual code itself;

in other words, the length 256 code.
Q.

So the overlay code was the entire 256 chips

in Dr. Wells' view.

Is that what you understood?

7

A.

That was my understanding.

8

Q.

He wasn't saying that it was the first 16 bits

9
10
11

for the orthogonal code and the remaining 40 were the
overlay code.
A.

That's not what he testified to, was it?

That's correct.

He was actually using the

12

first 16 bits twice.

13

both the orthogonal code and part of the overlay code.

14
15
16

Q.

He said the first 16 bits were

And do you think it's proper to use the first

16 bits twice to satisfy the overlay code construction?
A.

No.

I think the Court was clear that it's an

17

additional sequence.

18

twice.

19

Q.

You can't count the same sequence

Now, do you recall Dr. Wells testifying that,

20

in his opinion, an OVSF code was equivalent to an

21

orthogonal code and an overlay code?

22

A.

Yes.

23

Q.

And do you agree with that testimony?

24

A.

No.

25

Q.

Why not?

Page 31
1

A.

Well, what the patents call for is this

2

ability to use overlay codes to subdivide existing

3

orthogonal channels, so you can serve more users, take

4

care of more subscribers.

5

The simple use of one code doesn't do that.

6

It doesn't give you that ability to expand the system to

7

cover more people.

8
9
10

And furthermore, using two codes and using one
code, that's substantially different.

13
14

One code uses one

encoder; two codes have two encoders that are required.

11
12

You've just got one code.

So they seem like very different things to me.
Q.

Do you find the differences to be substantial

or insubstantial?
A.

I would say they're substantial, because

15

basically you've got one system that's fixed, it can

16

serve a certain number of users, and that's it --

17

namely, the HSDPA; it's got 15 data channels; it's

18

fixed -- whereas, the other system, the one that's

19

described in the patent is flexible; you can subdivide

20

channels by using additional overlay codes to serve more

21

subscribers.

22

Q.

I think that's a substantial difference.

Now, do you recall Dr. Wells testifying that a

23

256 chip code could be viewed as a 16 chip code

24

multiplied by another 16 chip code.

25

Do you recall that?

Page 32
1

A.

Yes.

2

Q.

And do you agree with Dr. Wells that that

3

means that it's equivalent to an overlay code and an

4

orthogonal code?

5

A.

No.

6

Q.

Why not?

7

A.

Well, first off, he's simply underlying some

8

underlying mathematics that have been well-known for a

9

long time.

10

Secondly, he could have done 16-by-16 or he

11

could have done 4-by-4-by-4-by-4, and then we've got

12

four codes.

13

place if we're going to count them like that.

14

can't be right.

15

Q.

You know, we can have codes all over the
That

That can't be what the claims mean.

And is that type of multiplication, a 16-bit

16

code times another 16-bit code, does that ever happen in

17

HSDPA?

18

A.

No.

19

Q.

Now, were OVSF codes known before Airspan

20

filed for its patents?

21

A.

Yes.

22

Q.

And did we see that earlier?

23

A.

Yes.

24

Q.

Can you explain that?

25

A.

Basically, OVSF codes, the underlying

Page 34
1

of the overlay code patents?

2

A.

No.

3

Q.

Now, I'd like to direct your attention to

4

another aspect of Claim 5, and I have advanced the

5

slide.

6
7

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

Okay.

This is the portion of the claims that

8

covers selective operability.

9

this a little bit yesterday afternoon.

10

I think we talked about

But basically what it says is:

A second

11

encoder, selectively operable instead of the TDM

12

encoder.

13

So you've got this ability to go back and

14

forth.

15

first solution that uses overlay codes and then the

16

second solution that uses time division multiplexing.

17

What this language tells me is that you can

Remember, there's two solutions.

18

choose either one.

19

but both are available.

20
21

Q.

There's the

You can't do both at the same time,
You can pick one or the other.

And do the patents illustrate how this might

operate?

22

A.

Yes.

23

Q.

So I have put up the Figure 7B of the patents,

24
25

and could you describe what we're looking at here?
A.

Okay.

There's a lot of stuff going on here,

Page 47
1

have to have buffers.

2

The buffers are what hold the data while you operate on

3

it.

4

inventors knew that.

An engineer would expect that.

The people who wrote the patent knew that; the

5

So when they contrasted on-the-fly with

6

storing the entire set, they knew there were going to be

7

buffers, but they're saying there's a difference between

8

generating them on-the-fly, like the base stations do,

9

and storing all of them so you just read them out of

10

memory.

11

So I think what the claims are calling for is

12

storing all of the orthogonal codes so when you need

13

one, you simply read it out of memory.

14

to generate it again; you read it out of memory.

15

simply latching in one code is not the same as storing

16

all the codes so you don't have to generate them.

17
18
19

Q.

You don't have
And

And the claim language is storage arranged to

store the set of orthogonal codes; is that right?
A.

That's right.

And, of course, the language,

20

the set of codes, means all the codes, the codes that we

21

talked about earlier in the claim.

22

Q.

Okay.

Sir, I'd like to summarize your

23

opinions on Claim 5 with respect to Alcatel-Lucent's

24

base stations.

25

And could you summarize them for us?

Page 48
1

A.

Okay.

What we see here, once again, are the

2

last two claim elements.

3

elements call for a number of things that are simply not

4

present.

5

And the last two claim

The accused products do not have an overlay

6

code generator.

7

apply overlay codes.

8

store the set of orthogonal codes.

9

set of codes.

10

They do not have a second encoder to
And they do not have storage to
They don't store the

They generate them on-the-fly when they

need them.

11

Since those three claim requirements are not

12

present, these last two elements here cannot be

13

satisfied.

14

the claim is not infringed.

15
16

Q.

And if all the elements aren't satisfied,

So now I'd like to turn to the other two

asserted claims in the '326 patent, Claim 2 and Claim 9.

17

Have you reached a conclusion about whether

18

Claim 2 would be infringed by HSDPA-compatible base

19

stations?

20

A.

Yes, I have.

21

Q.

And what is that conclusion?

22

A.

Claim 2 is not infringed either.

23

Q.

And why not?

24

A.

Well, we look at Claim 2, and we can see some

25

of the same language.

We need an overlay code

Page 51
1

a dependent claim.

2

Claim 7 as well as the additional stuff in Claim 11.

3

Q.

It includes everything that's in

And so what conclusion have you reached as to

4

whether Claim 11 is infringed by HSDPA-compatible base

5

stations?

6

A.

It's not infringed.

7

Q.

And why is that?

8

A.

Well, if we look at Claim 7 -- and remember

9

Claim 7 is included in Claim 11 -- we have a number of

10

familiar requirements.

11

generator, the second encoder, and there's the storage

12

requirement.

13

Okay.

There's an overlay code

It looks like we've repeated the

14

same -- overlay code generator, storage arrange,

15

store -- I think that's actually in the original claim.

16

Anyway, so what we've got are a series of

17

elements that I've already shown you are not present.

18

There is no overlay code generator.

19

encoder to apply overlay codes.

20

to store the set of orthogonal codes.

There's no second

And there's no storage

21

Claim 7 requires that, but it's not present.

22

Claim 11 requires everything in Claim 7, so Claim 11's

23

not infringed either.

24
25

Q.

And would your conclusion be the same for

Alcatel-Lucent's base stations in particular?

Page 55
1

A.

Yes.

2

Q.

Do you agree that that's what this patent

3

describes?

4

A.

No.

5

Q.

And why not?

6

A.

Well, you can see that from the language of

7

the patent.

8

code division multiplexed channel out of commission.

9

What the patent's calling for is taking a

You're not taking something out of commission

10

if I simply take it from one user and give it to

11

another.

12
13

We're locking them out from all users, not
simply reassigning them.

14

Q.

15

patent.

16
17
18

That's not what that means.

So let's turn to the asserted claims of this
I want to look at Claim 11 to start with.
And can you tell us what we have highlighted

here?
A.

Okay.

Claim 11 is on the left, and what I've

19

done is I've highlighted portions of two of the claim

20

elements, the analyzer portion, which I've blown up

21

here, and the channel controller portion, which I've

22

blown up here (indicating).

23

The analyzer is what determines how much

24

interference from other cells is there.

25

analyzer for receiving parameters -- I'll skip some of

So it says an

Page 66
1

Q.

Now, we've been talking about interference,

2

this being an example of interference from within the

3

cell, but are there other factors beyond interference

4

that could affect the value of a CQI?

5

A.

Yes.

6

Q.

And so let's talk about what some of those

7

things might be.

8
9
10
11

And could you explain what we're looking at
here on this Slide 67?
A.

Okay.

affect CQI.

This is a variety of things that can

Some of them have already been discussed.

12

But, remember, CQI is an indication by the

13

phone of what it thinks it can receive successfully.

14

So if there are obstructions, interference

15

from inside and outside the cell, that's going to affect

16

what the phone can receive.

17

But one thing to note, the quality of the

18

phone is actually an issue.

19

tables for different kinds of phones.

20

There are different CQI

If we have a really nice phone, it's what we

21

call high sensitivity, it's able to pick signals up out

22

of the noise and do so very well.

23

So its CQI, in a given situation, is going to

24

be higher than a less expensive phone, may not be as

25

well designed, not as sensitive.

It's not as good at

Page 67
1

picking signals out of the noise.

2

So we may have two phones that are seeing

3

exactly the same conditions, but they'll have different

4

CQIs because one is better at pulling signals out of a

5

noise than the other.

6
7

A couple of other things I have listed:
control plays a factor.

8
9

Power

Distance.

The further you are from the

antenna, the less the signal quality.

10

Weather.

11

In fact, it's a serious problem for satellites

12

as well.

13

communications.

14

Heavy rain affects signal quality.

communications.

15
16

Q.

But heavy rain does affect cellular
Lightning definitely affects cellular

Now, if I had a smartphone in my hand and I

walked into a building, could that affect my CQI?

17

A.

Yes.

18

Q.

And is that interference from other cells?

19

A.

No.

20

Q.

And if I walked into an elevator with my

21

phone, could that affect my CQI?

22

A.

It will definitely affect your CQI.

23

Q.

And is that interference from other cells?

24

A.

No.

25

Q.

If I'm in a rainstorm, could that affect my

Page 68
1

CQI?

2

A.

Yes, it will.

3

Q.

Is that interference from other cells?

4

A.

No.

5

Q.

If I'm moving in my car, could that affect my

7

A.

Yes.

8

Q.

Is that interference from other cells?

9

A.

No.

10

Q.

Now, can a base station ever tell why a mobile

6

11
12

CQI?

unit, a smartphone, reports a change in its CQI?
A.

No.

A variation in the CQI could be caused by

13

many factors.

14

base station, and the base station won't know where the

15

CQI changed.

16

Q.

17

Those factors are not reported to the

Is CQI a parameter indicative of interference

from other cells?

18

A.

No.

19

Q.

And why do you say that?

20

A.

There are many situations in which the

21

interference from other cells may actually improve, but

22

the CQI gets worse.

23

So you cannot look at the CQI, and in

24

particular, you can't look at changes in CQI and make

25

any determination about what's happening with

Page 69
1

interference from other cells.

2

Q.

Okay.

3
4
5

You simply don't know.

MR. APPLEBY:

So let's turn back to Claim

11.
Q.

(By Mr. Appleby) And have you formed an

6

opinion, Dr. Wicker, as to whether HSDPA-compatible base

7

stations have the analyzer required by Claim 11?

8

A.

Yes.

9

Q.

And what is that opinion?

10

A.

It's not present.

11

Q.

And why do you say that?

12

A.

There is nothing in the handsets that's able

13

to tell how much interference is being -- is coming from

14

adjacent cells.

15

Q.

There's simply no way to do it.

And, therefore, the base station has no

16

information regarding whether a handset is experiencing

17

interference from other cells?

18

A.

19

That's right.
The base station will simply know roughly what

20

the handset thinks it can receive.

21

into that particular number.

22

Q.

23
24
25

Many factors come

So let's move to the last element of Claim 11.
And could you remind us again what the last

element requires.
A.

Okay.

That's the channel controller.

This is

Page 70
1

the portion of the claim that takes that estimate of how

2

channels are being affected by other cell interference

3

and takes some of those cells out of the people, takes

4

them out of commission, and says:

5

be used by anybody in the cell, because of this

6

interference from other cells.

7
8

Q.

These channels cannot

And do HSDPA-compatible base stations satisfy

that element of Claim 11?

9

A.

No.

10

Q.

And why do you say that?

11

A.

We talked a lot about HSDPA and the 15 data

12

channels.

13

within the cell if there's data to send.

14

situation in which one of those channels is locked out,

15

taken out of use because of interference from other

16

cells.

17

Q.

They're going to be allocated to someone
There is no

It simply doesn't happen.
Looking back at this demonstrative that we

18

used earlier in the day, is there anything on this

19

figure that -- that relates to that opinion?

20
21
22

A.

Yes.

What this shows, once again, our 15

codes, they create 15 data channels.
Okay.

Going this way, as we go from TTI to

23

TTI, transmission time interval to transmission time

24

interval, all those channels are being used.

25

being assigned to different users at different times;

They're

Page 81
1
2

All right.

I'd like to walk through those.

So let's talk about the overlay code generator.

3

What you actually, sir, are saying is that the

4

overlay code generator is not there because it is not

5

separate from the orthogonal code generator.

6

two code generators, don't you, sir?

You want

7

A.

No.

8

Q.

I'm sorry?

9

A.

No.

10

Q.

Well, that's -- that's the position you've

11

taken in this case, is that you need the overlay code

12

generator to be separate from the orthogonal code

13

generator.

They can't both operate together.

14

A.

I don't agree.

15

Q.

Well, sir, what you're trying to do is simply

16

insert into the claim, additional language that doesn't

17

appear in the claim.

18

claim that it is separate from the orthogonal code

19

generator; that they have to be separate generators.

20

You're trying to insert into the

And the reason for that is because HSDPA uses

21

one code generator, doesn't it?

22

codes from the same generator, doesn't it, sir?

It generates one set of

23

A.

That's correct.

24

Q.

Well, let's look at overlay code.

25

Again, your

construction of overlay code is that it has to be

Page 82
1

separate from the orthogonal code.

2

shoehorn that language into the claim, even though it

3

doesn't appear.

4
5

So you'd like to

So the overlay code has to be separate from
the orthogonal code.

That's your approach?

6

A.

I do agree that it has to be separate.

7

Q.

Okay.

Let's look at the second encoder.

Yes.
You

8

want the second encoder to be separate from the first

9

encoder.

10

Again, you need to see two different encoders

11

because HSDPA uses one encoder, and the Alcatel-Lucent

12

base stations products use one encoder.

13

you want to shove into the claim language that it is a

14

separate -- that the second encoder is separate from the

15

first encoder, don't you, sir?

16

A.

I don't agree.

17

Q.

So then -- all right.

And so, again,

18

the next -- to the next point.

19

All right.

Let me -- let me go to

Let's look at your -- the

20

orthogonal code generator is a storage arranged to store

21

the set of orthogonal codes.

22
23

And this is DDX 10-53.

Do you remember

talking about that with Mr. Appleby?

24

A.

Yes, I do.

25

Q.

And actually, during your testimony, you said

Page 84
1
2

Q.

All right.

to the three --

3
4
5

Let's talk about -- let's go back

MR. WEAVER:

Can you pull up Claim --

sorry.
Q.

(By Mr. Weaver) Let's talk about the '327

6

patent for a minute, and I want to walk you through what

7

you discussed with Mr. Appleby.

8
9
10

Now, you argue that the Alcatel-Lucent
products don't infringe the '327 patent because the CQI
doesn't measure essentially only intercell interference.

11

Isn't that what you're arguing?

12

A.

Yes.

13

Q.

And it doesn't just need to be indicative of.

14

So we can strike that language.

15

measuring whether the wireless link is subject to

16

interference solely from signals generated by other

17

cells.

18
19

It needs to be only

That's really your opinion, isn't it, sir?
A.

It is my opinion that the analyzer has to

20

receive parameters indicative of, and I'm simply

21

interpreting that word indicative.

22
23
24
25

Q.

So you interpreted the word "indicative of" to

mean only measuring the interference from other cells?
A.

That's right.

from other cells.

It indicates the interference

Page 85
1

Q.

And you went through testimony where you said

2

there's interference that's caused by other things,

3

correct?

4

A.

That's correct.

5

Q.

There's intercell interference.

6

in an elevator.

7

It might be

You said those things could happen.

But, sir, if you hold all of those things

8

constant and the interference from another cell changes,

9

you'd agree that the CQI that's measured would change,

10

don't you?

11
12

A.

If everything was kept constant, including the

type of phone, the sensitivity of the phone --

13

Q.

Correct.

14

A.

-- the only thing that changed was other cell

15

interference, then you're correct.

16

change only because of the other cell interference

17

change.

18

Q.

19

All right.

Yes, the CQI would

So let's look at what happens as a

result of that.

20

Now, you've said that the claim requires that

21

you selectively reduce the number of code division

22

multiplexed channels in the channel pool from the entire

23

cell.

24
25

So no one in the cell can use those channels;
that's your opinion?

Page 88
1
2

codes?
A.

That's correct.

3

MR. WEAVER:

4

Can you pull that up?

5

Q.

Can I have DDX 61, please?

(By Mr. Weaver) Now, I want to go back to the

6

'327 for a second, because you were pointing out that --

7

that in the specification that you remove channels from

8

the whole pool -- or from the whole cell, rather, when

9

you have interference.

10

Do you recall that?

11

A.

Yes, that's correct.

12

Q.

So DDX 61 is the slide you used during your

13

presentation.

14

A.

Yes, it is.

15

Q.

And "preferably" is the word that's on that

16

chart, isn't it?

17

specification, isn't it, sir?

That's language from the

18

A.

Yes, that's correct.

19

Q.

So that's an embodiment.

20

embodiments disclosed in the patent.

21

It's one of the

with me?

You would agree

22

A.

Yes.

23

Q.

And trying to limit the claims to the

24

embodiment shown in the patent would be improper,

25

wouldn't it?

Page 89
1

A.

That would -- that's correct, yes.

2

Q.

Okay.

3
4

MR. WEAVER:
Q.

Let's go back to the slides.

(By Mr. Weaver) Now, you also said that

5

Alcatel-Lucent's base stations do not have what is

6

called -- any kind of storage; is that correct?

7

A.

No, I didn't say that.

8

Q.

I apologize.

9
10

any kind of storage.

You didn't say it didn't have
You said they didn't have storage

as required by the -- Claim 5.

11

A.

That's correct.

12

Q.

Okay.

13

Well, let's look at that software

again, if we can.

14

You see down here (indicating) --

15
16

MR. WEAVER:

up, Jennifer, please, right here in the middle.

17
18
19

And if you could blow this

Oh, it's a PowerPoint.
Q.

All right.

(By Mr. Weaver) So if you focus on this

section (indicating) -- do you see that?

20

A.

Yes.

21

Q.

And you see where I've highlighted ROM?

22

A.

Yes, I do.

23

Q.

And that's read-only memory, isn't it?

24

A.

That's correct.

25

Q.

Okay.

So it is, in fact, using ROM, isn't it,

Page 100
1

A.

That's correct.

2

Q.

Claim 5 also requires a first encoder, right?

3

A.

That's correct.

4

Q.

And that's the first encoder to apply the

5

orthogonal codes from the orthogonal code generator,

6

right?

7

A.

Yes.

8

Q.

And there is another element in the claim that

9
10

requires a second encoder to apply overlay codes; is
that right?

11

A.

That's correct.

12

Q.

Now, if we look at the Court's construction of

13

overlay code, the Court construed overlay code as an

14

additional code that subdivides an orthogonal channel,

15

right?

16

A.

That's correct.

17

Q.

Did you apply that construction?

18

A.

Yes.

19

Q.

And you were asked a lot of questions about

20

whether you were using the word "separate."

21

recall that?

22

A.

Yes.

23

Q.

Is that the construction you applied, or did

Do you

24

you apply the construction that an overlay code must be

25

an additional code that subdivides an orthogonal

Page 101
1

channel?

2
3
4

A.

The construction that I used was an additional

code.
Q.

5

So let's talk about what Dr. Wells is doing.
Dr. Wells says that the 256-chip spreading

6

factor code that's used on control channels is both an

7

orthogonal code and an overlay code.

8

Is that your understanding?

9

A.

That's correct.

10

Q.

So when he does that, what is he calling the

11

orthogonal code in that 256 OVSF chip -- OVSF code that

12

is used to create the control channel?

13
14
15
16
17
18
19

A.

He's referring to the first 16 bits of the

256-bit OVSF code as the orthogonal code.
Q.

And what is he calling the overlay code in

that 256-chip OVSF code?
A.

He's referring to the entire 256-chip sequence

as the overlay code.
Q.

So he's not saying that the first 16 chips are

20

the orthogonal code and the additional 240 chips are the

21

overlay code.

He's not saying that, is he?

22

A.

That's not my understanding.

23

Q.

And he's actually taking the first 16 chips of

24

that code and counting them twice to get both an

25

orthogonal code and an overlay code; is that correct?

Page 102
1

A.

That's correct.

2

Q.

Do you think that meets the Court's

3

construction?

4

A.

No.

5

Q.

Why not?

6

A.

It's not an additional code.

7
8
9
10

He's using the

same code bits twice.
Q.

Now, you were also asked about other opinions

you might have about some of the other elements, and you
certainly are an expert in this case, right?

11

A.

Yes.

12

Q.

And you provided opinions on the claims for

13

all three claims of the patents we discussed today,

14

right?

15

A.

That's right.

16

Q.

And you provided opinions on elements other

17

than the ones we discussed this morning?

18

A.

That's correct.

19

Q.

Now, you understand that we've had a limited

20

amount of time here.

I think we have 15 hours a side.

21

A.

Yes, that's my understanding.

22

Q.

So we've focused on a subset of your arguments

23

so that we could streamline the presentation.

24
25

Is that your understanding?
A.

Yes.

Page 117
1

the high -- that can't be used for high-speed downlink

2

data, because it's frankly too small of a pipe, isn't

3

it, at that point?

4
5
6

A.

I think it would be more accurate to say it's

simply too slow.
Q.

The data rate is too slow.

Too slow.

7

Let me go back to the overlay code.

8

Now, you agree with me that the basis of your

9

opinions is that the overlay code must be separate from

10
11
12
13

the orthogonal code.
A.

My use of the construction was for additional.

I understood additional to mean a separate sequence.
Q.

So you agree with me, your opinions are based

14

upon your view of the Court's construction that an

15

additional code must be a separate code.

16

A.

That's correct.

17

Q.

And so if the Ladies and Gentlemen of the Jury

18

don't agree with you, then your opinions are not

19

appropriate in this case.

20

A.

If they feel that I'm not using the

21

construction properly, then they can -- they can take

22

the consequences -- excuse me -- conclude from that that

23

I'm not doing it properly.

24
25

Q.

All right.

Thank you.

MR. WEAVER:

Your Honor, Plaintiffs move

Page 118
1

Defendants' Exhibit 173.

2

THE COURT:

3

MR. APPLEBY:

4

THE COURT:

5

MR. WEAVER:

6

THE COURT:

7

Be admitted.
Thank you, Your Honor.
All right.

MR. APPLEBY:

9

11

No objection.

Any further

redirect?

8

10

Any objection?

Just briefly.

REDIRECT EXAMINATION
BY MR. APPLEBY:
Q.

You were asked some more questions about the

12

overlay code.

13

code that subdivides an orthogonal channel?

Has Dr. Wells pointed to an additional

14

A.

No.

15

Q.

And why is that?

16

A.

There isn't one.

17

Q.

There's only a single OVSF code used on each

18
19
20
21
22

channel in HSDPA; isn't that right?
A.

That's correct.

One channel/one code.

There

are no additional codes.
Q.

Now, just a couple of questions on CQI.
You were asked a question about if we hold all

23

other things constant and we have interference from

24

other cells, then that CQI will be indicative of other

25

cell interference.

Page 124
1

You understand the question?

2

THE WITNESS:

3

THE COURT:

4

Yes, Your Honor.
Any objection from

Defendants?

5

MR. APPLEBY:

6

THE COURT:

7

No objection.
Any objections from

Plaintiffs?

8

MR. WEAVER:

9

THE COURT:

No, Your Honor.
All right.

I continue to be

10

amazed at our East Texas juries' comprehension of the

11

technology.

12

You may bring the jury in.

13

(Pause in proceedings.)

14

(Jury in.)

15

THE COURT:

16

All right, Dr. Wicker.

17

Please be seated.
The jury has some

questions for you.

18

The first question:

Is there

19

documentation in patent '327 that states that the first

20

and second code generator can actually be one code

21

generator?

22

THE WITNESS:

23

given in terms of two separate generators.

24
25

THE COURT:

No.

All the examples are

Based on that, does the HSDPA

standard specify being separate generators or both

Page 143
1

Q.

Now, when you mentioned that -- as part of

2

your investigation, you reviewed the HSDPA standards,

3

correct?

4

A.

That's correct.

5

Q.

Did you see any reference to overlay codes in

6

the HSDPA standard?

7

A.

No, I did not.

8

Q.

Well, did you also -- you understand the Court

9

has construed the various terms in the patents, right?

10

A.

That is correct.

11

Q.

What is the Court's construction for overlay

12
13
14
15

code?
A.

It is an additional code that subdivides an

orthogonal channel.
Q.

Did you use that claim construction in

16

analyzing whether the Ericsson base stations or Sony

17

Mobile products infringe these patents?

18

A.

Yes, I did.

19

Q.

So you mentioned product documentation.

Did

20

you look at any textbooks or other resources to assist

21

in your investigation?

22
23
24
25

A.

Yes.

I looked at textbooks, articles, along

with the standards.
Q.

Now, I want to step back to another slide that

the jury has seen a couple of times already.

Can you

Page 145
1
2

Q.

And when you talk about a length of 256, what

are you referring to?

3

A.

4

in the code.

5

add up to 256.

You're referring to the number of bits that's
If you count the number of bits, you would

6

Q.

And now are bits the same as codes?

7

A.

No, they are not.

8

Q.

How are -- how many -- how many possible

9

values are there for a bit?

10

A.

There's only two.

11

Q.

There's only two?

12

A.

For a bit, yes.

13

Q.

Okay.

14

What are those possible values under

the HSDPA standard?

15

A.

They would be 1 or negative 1.

16

Q.

Is there any limitation on the number of codes

17
18

that are possible?
A.

No, there are not.

They could be up to

19

uncountably long codes, based on that recursion function

20

we saw earlier.

21
22
23
24
25

Q.

Now, how does the HSDPA standard define the

codes that are used?
A.

It defines them in these standards

documentation.
Q.

And when it says that the OVSF codes are

Page 146
1
2
3

channelization codes, what does that mean?
A.

That means that you use these OVSF codes -- a

single OVSF code to create a single channel.

4

Q.

Just a single code?

5

A.

Yes.

6

Q.

What do the -- what do the patents require?

7

A.

The patents require an orthogonal code and an

8

overlay code that's an additional code that subdivides

9

an orthogonal channel.

10

Q.

And what are you showing in this slide?

11

is -- I think is a figure that we just saw when

12

This

Dr. Wicker was up here.

13
14

A.

Again, we're showing the OVSF code tree here

from a Qualcomm document.

15

Q.

When was the first time you saw this document?

16

A.

The first time I saw it was when I was looking

17

at the preliminary infringement contentions from the

18

Airspan patents.

19

Q.

And when you say the preliminary infringement

20

contentions, you're referring to a document that Wi-LAN

21

served as part of this lawsuit?

22

A.

That is correct.

23

Q.

Okay.

And is it your understanding that those

24

infringement contentions where Wi-LAN first sets forth

25

its allegations of infringement?

Page 147
1

A.

Yes, it is.

2

Q.

You've highlighted some things in this -- on

3

this figure.

4

highlight?

5

A.

What -- what did you high -- what did you

Well, once again, this figure shows that when

6

you assign a code to a particular channel, you block

7

other assignments.

8
9
10
11

So the X shows what's being blocked in the
OVSF code tree.
Q.

And I think there was some discussion about

this position right here (indicating).

12

Do you see that?

13

A.

Yes.

14

Q.

Is that a channel?

15

A.

No.

16

Q.

What is that?

17

A.

That's a code word in the code tree.

18

Q.

Can there be a channel created at that

19

particular location under the HSDPA standard?

20

A.

No.

21

Q.

And why is that significant in light of

22

whether the overlay patent -- how is that significant

23

with respect to what the overlay code patents require?

24
25

A.

As we've heard from the Court's claim

construction, the overlay code is an additional code to

Page 148
1

subdivide a channel.

2

Wi-LAN has been pointing to these control

3

channels here in the bottom right; but as you can see,

4

as soon as you assign a control channel lower in the

5

tree, everything else above it is blocked.

6

use that for assignment.

7

Q.

You cannot

And so when you say you can't use it for

8

assignment, are you saying there's not a channel that

9

can be subdivided?

10
11
12
13

A.

There's not a channel that can be subdivided

in an OVSF tree.
Q.

And is that something that the Court's claim

construction requires?

14

A.

Yes, it is.

15

Q.

And how is that?

16

A.

Because we have a Markman order stating that

17

the overlay code is an additional code to subdivide an

18

orthogonal channel.

19

Q.

20

Let's take a look at the claim language.
Based on your investigation, did you reach

21

some conclusions with respect to the Ericsson base

22

stations?

23

A.

Yes, I did.

24

Q.

And what did you determine?

25

A.

That the Ericsson base stations accused do not

Page 149
1

infringe the overlay code patents.

2

Q.

And why is that?

3

A.

Because, first of all, there's no overlay

4

code.

5

Q.

Anything else?

6

A.

There's also -- because there's no overlay

7

code, there's no overlay code generator.

8

Q.

Anything else?

9

A.

And since there's no overlay code, you don't

10
11
12

have a second encoder for applying the overlay code.
Q.

Now, you heard Dr. Wicker talking about a

couple of other elements of Claim 5 of the '326 patent.

13

A.

Yes, I did.

14

Q.

And specifically, he was pointing to the

15

selectively operable language.

16

A.

Yes, he was.

17

Q.

Do you agree with Dr. Wicker's opinion

18

regarding the selectively operable language?

19

A.

Yes, I do.

20

Q.

How about the opinions that Dr. Wicker gave

21

with respect to the storage element?

22

A.

I agree with those also.

23

Q.

Now, are there other claims asserted against

24
25

Ericsson base stations from the '326 patent?
A.

Yes, there are.

They are Claim 2 and Claim 9.

Page 151
1
2

Ericsson base stations can infringe that claim?
A.

Again, because there's no overlay code;

3

there's no overlay code generator; there's no second

4

encoder, the Ericsson base stations do not infringe

5

Claim 11 of the '819 patent.

6
7

Q.

Let's take a look at the '327 patent, which

you referred to as the other cell interference patent.

8

What claims are asserted against Ericsson?

9

A.

Against Ericsson, it's Claims 11 and 12.

10

Q.

And are those claims the same as what

11

Dr. Wicker addressed earlier?

12

A.

Yes, they are.

13

Q.

If we take a look at the limitations of the

14
15

claims, what do they require?
A.

They require a number of things.

I have

16

chosen to highlight just a portion of the claim right

17

here, which is the section talking about the analyzers

18

for receiving parameters pertaining to a wireless link

19

within the cell, indicative of whether that wireless

20

link is subject to interference from signals generated

21

by another cell.

22

And also here in the channel controller, the

23

limitation regarding selectively reduce the number of

24

code division multiplexed channels in the channel pool

25

in order to reduce the effective interference from other

Page 152
1
2

cells.
Q.

And do you understand the allegations that

3

Wi-LAN is making with respect to Claim 11 of the '327

4

patent?

5

A.

Yes, I do.

6

Q.

And this is a slide that's similar to what

7
8
9

we've seen before.
A.

They are accusing the CQI.

What factors can influence CQI?

It can be influenced by any number of factors

because --

10

Q.

Can you give us some examples?

11

A.

As you've already heard:

Obstructions,

12

interference within the cell, which is called intracell

13

interference; or interference from another cell, which

14

is called intercell interference; quality of the phone.

15

Actually, the quality of the phone's receiver

16

is most important; how the control algorithm is working

17

in a TDMA system; and also function and absolute

18

distance you are from the cell phone.

19
20

Q.

And did you review any materials to determine

how the CQI is -- is generated?

21

A.

Yes, I did.

22

Q.

Okay.

23

A.

I looked at textbooks and Ericsson

24
25

And what did you look at?

documentation.
Q.

When you say textbooks, can you give an

Page 153
1

example of one of the textbooks you've looked at?

2

A.

Sure.

This textbook here called 3G Evolution

3

was written by four Ericsson engineers, and it discusses

4

CQI.

5

Q.

6
7

I think that book has been designated DX 283.
How did you -- did you rely on that book in

doing your investigation?

8

A.

Yes.

9

Q.

Okay.

10

And what does the 3G Evolution book say

about the calculation of the channel quality indicator?

11

A.

It says that the CQI -- generally, the CQI

12

represents the instantaneous channel conditions.

13

what the cell phone is receiving at this particular

14

time.

It's

15

Q.

Does it explicitly state the channel quality?

16

A.

Well, it goes on to say the CQI is not an

17

explicit indication of channel quality.

18

before, it's actually a request from the cell phone to

19

the cell phone tower saying give me this much data; I

20

believe I can handle this much data accurately.

21
22
23

But as we heard

So it just continually requests data over and
over again.
Q.

Does the CQI provide any information to the

24

base station as to why the CQI has the particular value

25

it does?

Page 154
1
2
3
4

A.

No, it does not.

It's just a number from 0 to

Q.

Does it indicate whether a particular wireless

30.

link is experiencing intercell interference?

5

A.

No, it does not.

6

Q.

Does it indicate whether a particular wireless

7

link is subject to an obstruction?

8

A.

No, it does not.

9

Q.

Does it indicate whether a particular wireless

10

link is subject to interference from within the cell?

11

A.

No, it does not.

12

Q.

Does it indicate anything about the reasons

13

why it has the particular value it has?

14

A.

No, it does not.

15

Q.

Now, can the CQI be affected by the design

16
17
18
19
20
21

or -- of the mobile phone itself?
A.

Yes.

As I stated earlier, how advanced your

receivers are, can affect your CQI value.
Q.

Did you look at any Ericsson documentation

that actually explains that?
A.

22

Sure.
So this is the HSDPA User Plane document from

23

Ericsson.

24

about the calculation of channel quality estimate.

25

And here in Section 8.1, they're talking

The important thing to see here is that the

Page 155
1

CQI, first of all, is a recommended amount of data that

2

you want to send down, such that the UE thinks he's

3

going to receive the data with only a 10-percent

4

probability of loss.

5

The base station, which is what we're talking

6

about here, perceives the UE, which is the mobile, as a

7

black box.

8

means we're not going to go look in and figure out

9

what's going on there.

10

And it's kind of an engineering term that

A black box is something you don't -- kind of

11

imagine it as a teenager's bedroom.

12

know what's going on in there.

13

get the request out for the data, and you're going to

14

operate on that.

15

You don't want to

All you want to do is

And they go on to state that even a good

16

receiver can report higher CQI than a bad receiver, even

17

if you're in the same channel conditions.

18

Q.

So that would mean if two phones were

19

experiencing the exact same amount of intercell

20

interference, they could report different CQIs?

21

A.

Yes, they could.

22

Q.

And so in that way, does the CQI indicate

23

whether either of those phones is experiencing

24

interference from other cells?

25

A.

No, it does not.

Page 156
1
2
3

Q.

Now, what conclusions did you reach regarding

the '327 patent?
A.

Okay.

For at least that reason, there is no

4

receiving parameters indicative of whether the wireless

5

link is subject to interference from other cells.

6

There's also no selectively reducing the

7

number of code division channels in the pool in order to

8

reduce the effect of interference from other cells.

9

Q.

Did you hear questioning about whether the

10

channel pool related to all of the channels that were

11

available for the establishment of wireless links?

12

A.

Yes, I did.

13

Q.

And what is your opinion with regard to that?

14

A.

My opinion is that channel pool applies to the

15

central terminal.

16

central terminal and not for a particular user.

The channel pool is for the entire

17

Q.

18

patent?

19

A.

Yes, it is.

20

Q.

And with respect to the '211 patent that's

And is that how it's described in the '327

21

asserted against Sony Mobile, can you describe the

22

investigation that you performed?

23

A.

Sure.

So for Sony Mobile, I reviewed the Sony

24

Mobile documentation and the source code from Qualcomm

25

associated with that.

Page 157
1

Q.

If we take a look at the '211, Claim 5, it

2

appears similar to the Claim 5 of the '326 patent we

3

were discussing earlier, correct?

4

A.

Correct.

5

Q.

But are there any differences?

6

A.

There's a subtle difference.

As you all heard

7

earlier, we're now talking about the receiver side, so

8

we have the base station sending us a signal, the

9

receiver gets the signal in its antenna.

10
11
12
13

So we now use

a decoder instead of an encoder.
Q.

So what does the Claim 5 of the '211 patent

require?
A.

So I've highlight -- highlighted some of the

14

requirements here.

15

about, again, those orthogonal codes and orthogonal code

16

generator, and now we have a first decoder.

17

In the top part, we're talking

Later on in the claim, we have the overlay

18

portion where the claim discusses an overlay code, an

19

overlay code generator, and a second decoder.

20

Q.

Now, does the -- does the same construction of

21

overlay code apply to the '211 patent that it did for

22

the patents asserted against the base station

23

manufacturers?

24

A.

Yes, it does.

25

Q.

And what is that construction?

Page 158
1
2

A.

That the overlay code is an additional code

that subdivides an orthogonal channel.

3

Q.

Now, the requirements for the handset side, in

4

other words, the '211 patent side, are they the same as

5

for the transmitter side?

6

A.

The requirements for what?

7

Q.

For the codes.

8

A.

For the codes.

9

For the codes, yes, they're

the same codes that the transmitter sends, because it's

10

the only way the other side can understand.

11

that's been encoded, you use the same key to decode it.

12

So we're still talking about these OVSF codes.

13
14

Q.

Something

Now, do the Sony Mobile phones have an overlay

code?

15

A.

No, they do not.

16

Q.

Well, what do they have?

17

A.

They have a single OVSF code per channel as

18
19
20
21

required by the standards.
Q.

And is that because, like you were saying, you

have to use the same codes on both sides?
A.

Right.

In order to sync up and hear what the

22

person from the other side is saying from the cell phone

23

tower, you need to have the same code on both sides.

24

Q.

And how do you know which code to use?

25

A.

It's been assigned to a channel.

Page 161
1

both you and Dr. Wicker on a number of points.

2

putting the '211 patent to the side, the one that

3

relates to the mobile phones, is it fair to say that you

4

and Dr. Wicker essentially have the same opinions with

5

respect to the reasons why the Ericsson and

6

Alcatel-Lucent base stations do not infringe the base

7

station patents?

8
9

A.

I don't know all of his opinions.

And with

The only

ones I know are the ones that he presented here today.

10

Q.

And you agree with those, right?

11

A.

I'm sorry?

12

Q.

And you agree with those?

13

A.

Yes, I agree with those.

14

Q.

And those are the ones you went through in

15

your testimony, right?

16

A.

That is correct.

17

Q.

All right.

Now, so you agree with Dr. Wicker

18

that in the definition of overlay code, when it says

19

additional, that the Court's claim construction means

20

separate, correct?

21

A.

I agree with Dr. Wicker that the Court's claim

22

construction, when you apply ordinary meaning to it, it

23

requires a separate code.

24
25

Q.

All right.

And, again, like Dr. Wicker said

when he was on the stand, if the jury disagrees with

Page 162
1

your reading of that term, then the jury's free to

2

disregard your opinions, correct?

3

A.

The opinions regarding the overlay code, yes.

4

Q.

Now, Dr. Wicker also, I believe, said this

5

morning that you could use the same hardware and

6

software to provide a first encoder and a second encoder

7

for an orthogonal code generator and overlay code

8

generator.

9
10
11
12
13

Do you remember that testimony?
A.

I think you're confused.

I don't understand

your question.
Q.

All right.

Do you remember the testimony

about the first encoder and the second encoder?

14

A.

Yes, I do.

15

Q.

All right.

You remember the testimony about

16

the orthogonal code generator and the overlay code

17

generator, right?

18

A.

Yes, I do.

19

Q.

All right.

Now, there was testimony about

20

whether those have to be separate; in other words,

21

separate hardware, separate software for the first

22

encoder and the second encoder.

23
24
25

A.

Okay.

So we're talking about the first

encoder and second encoder?
Q.

Correct.

Page 185
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