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)

Download PDF
EXHIBIT D Page 1 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION 2 3 WI-LAN, INC. ) 4 DOCKET NO. 6:10cv521 -vs- 5 6 7 8 9 10 ) Tyler, Texas ALCATEL-LUCENT USA, INC., 1:06 p.m. ET AL ) July 11, 2013 ****************************************************** WI-LAN, INC. ) DOCKET NO. 6:13cv252 -vs) HTC CORPORATION, ET AL ) 11 12 13 14 15 TRANSCRIPT OF TRIAL AFTERNOON SESSION BEFORE THE HONORABLE LEONARD DAVIS, UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY 16 17 18 19 20 21 22 COURT REPORTERS: MS. SHEA SLOAN MS. JUDY WERLINGER 211 W. Ferguson Tyler, Texas 75702 shea_sloan@txed.uscourts.gov 23 24 25 Proceedings taken by Machine Stenotype; transcript was produced by a Computer. Page 12 1 A. 2 A lot. First, you look at the patent. 3 the file history. 4 generated during -- by the Court. 5 I looked at construction. 6 You look at the documents that are I looked at the claim And then I looked at the products. I looked 7 at the specifications by HTC and by Qualcomm. 8 at the source code. 9 there's a lot of material, including the depositions and 10 11 so on. Q. I looked I looked at the standard. So So there's a lot of stuff to go through. With respect to the claim construction, you 12 understand the Court has provided us with certain 13 definitions for the terms in the claims of the '211 14 patent? 15 A. Yes. 16 Q. And did you apply those constructions when 17 conducting your analysis for this case? 18 A. Of course. 19 Q. Okay. Professor Akl, we've heard a lot of 20 pretty technical concepts over the last few days, and 21 I'd like to get right to the main point. 22 23 24 25 As briefly as possible, can you tell the jury why HTC's phones do not infringe the '211 patent? A. Very simple. One does not equal to two. In the HTC products, in the Qualcomm chip, there is one Page 13 1 code, and in the patent, there is the orthogonal code, 2 and then there is the additional overlay code. 3 not equal one. 4 Q. Two does It's as simple as that. Now, did you prepare an animation to explain 5 to the jury the differences between the '211 patent and 6 the HTC phones? 7 A. I did. 8 Q. So what are we looking at here? 9 A. So this is an example from the '211 patent of 10 the invention in the '211 patent. 11 looking at, on the left, we have RW 1, RW 2, 3, and 4. 12 Those are the orthogonal channels. 13 the receiver side. 14 And so what we're Remember, this is on So there's a radio channel that's already been 15 encoded by an orthogonal code. 16 shadings in the color, those are the overlay channels. 17 And then the small And then we have an orthogonal code generator. 18 We see Decoder No. 1. 19 and we have the second decoder, Decoder No. 2. 20 Q. 21 Okay. There is an overlay generator, I'd like to start this animation. And can you explain what's happening as it -- 22 as it plays? 23 A. 24 25 Sure. And so as the signal is applied to the Decoder No. 1, along with the orthogonal code that is generated Page 14 1 by the orthogonal code generator, we get the orthogonal 2 channel RW 1 at the output of the first decoder. 3 Q. Okay. 4 A. Now, that signal goes to Decoder No. 2, along And then what happens next? 5 with the overlay code that's now being generated by the 6 overlay code generator, and we can now extract data on a 7 particular channel. 8 9 Q. In this example, it's Q1. Now, you've prepared an additional animation, didn't you? 10 A. Yes. 11 Q. And this is an animation describing how the 12 Qualcomm chip functions; is that correct? 13 A. Yes. 14 Q. And so can you describe to the jury what's 15 16 taking place here? A. So on the left-hand side, you see the accused 17 control channels, and there are four channels. 18 one as an example, the P-CPICH. 19 decoder and a single OVSF code generator. 20 21 22 23 Q. Okay. I picked You also see a single Now, again, I'm going to play this, and can you describe to the jury what's taking place? A. Yes. So the channel is applied on the decoder, 24 along with the -- the OVSF code that's generated by the 25 OVSF code generator, and then we can extract a single Page 15 1 control channel, and in my example, it's the CPICH 2 channel. 3 Q. So, again, just briefly, what are the 4 fundamental differences between the '211 patent and the 5 Qualcomm chip in HTC's phones? 6 7 8 9 A. versus two codes. Q. 12 Okay. I'd like to look here specifically at Claim 5. 10 11 Again, the fundamental difference is one code Now, Claim 5 is one of the claims that's been asserted against HTC; is that right? A. Yes. And I know the jury, by now, probably 13 knows it by heart, but we have to go through it for the 14 record. 15 Q. Okay. So explain to me what is shown here in 16 Claim 5, the main elements on the -- on the right side 17 there. 18 19 A. So we have five limitations, and I'm going to concentrate on the first two and the last two. 20 The first limitation is an orthogonal code 21 generator that provides orthogonal code. 22 first decoder. 23 that provides an overlay code, and we have a second 24 decoder. 25 Q. Okay. We have a Then we have an overlay code generator Now, just focusing on the blue Page 17 1 that lists 16 orthogonal codes, and I highlighted one 2 example. 3 Q. 4 That's the RW 1 that I had animated earlier. Okay. Thank you. Let's go back to the claim now and focus on 5 the red highlighting. 6 construction of overlay code? 7 A. Yes. First, did the Court provide a The Court provided a definition or 8 construction, and it is an additional code that 9 subdivides an orthogonal channel. 10 Q. And you applied this construction when 11 evaluating the '211 patent with respect to HTC's accused 12 phones? 13 A. Of course. 14 Q. And in Claim 5, does the second decoder apply 15 16 to overlay code? A. Yes. So the two limitations -- lots of 17 limitations in Claim 5 -- we have an overlay code 18 generator that provides the overlay code, and we have a 19 second decoder. 20 Q. Okay. Now, are there examples of the overlay 21 code generator and the second decoder shown in the 22 figures in the '211 patent? 23 A. Yes. So going back to that same Figure 8A, 24 and so previously we said the signal went through the 25 first decoder. Page 20 1 Q. Maybe for you. 2 [Laughter] 3 A. Sorry. 4 Q. (By Mr. Bader) After examining the claims of It was for me. 5 the '211 patent and comparing them to the Qualcomm 6 chipsets, did you come to any conclusions on whether 7 HTC's phones infringe the '211 patent? 8 9 A. evidence. Yes. I did my analysis. I looked at the And the conclusion that I write to is the HTC 10 phones that include the Qualcomm chipset do not infringe 11 for two reasons: 12 overlay code generator. 13 14 Q. 17 There is no And there is no second decoder. So let's step through these one at a time as quickly as we can, hopefully. 15 16 Okay. There is no overlay code. First, what are the two independent codes that are claimed in the '211 patent? A. So the '211 patent, again, has the orthogonal 18 code, and it has the overlay code. 19 is additional code that subdivides an orthogonal 20 channel. 21 22 23 Q. And the overlay code Now, you reviewed all these documents that describe the HSP -- HSDPA standard? A. Correct. So I went through the HSDPA standard 24 document-by-document, and there is no mention of an 25 overlay code. There is no second code in the HSDPA Page 21 1 standard. 2 Q. And in the system described in the '2 -- I'm 3 sorry -- is the system described in the '211 patent, 4 compliant with the HSDPA standard? 5 6 A. The system described in the '211 patent is -- is not related to the HSDPA standard. 7 8 No. Q. Okay. So how many codes does the HSDPA standard require for a single channel? 9 A. There is a single code. There is the OVSF 10 code. 11 different sections in the standard, and here's an 12 example. And the standard is very clear. 13 We look at This is Section 5.2, talking about 14 channelization codes, and it says the channelization 15 code for the primary CPICH -- that was the example that 16 I showed animated at the beginning -- has a fixed 256 -- 17 and there's other examples of other codes -- for 18 different channels. 19 20 21 So on a single channel, there is one code. Q. And how many codes does the '211 patent require per channel? 22 A. Two. 23 Q. Is there anything in the claims or the 24 specification or the Court's claim construction that 25 describes using a single code or describes a single code Page 58 1 a few times in front of the Bar as an invited speaker. 2 I had a textbook chapter published regarding 3 intellectual property right valuation. 4 About two years ago, I just updated that 5 textbook chapter, and it will be published in the fall 6 again. 7 Q. Now, what we have up on the screen here is 8 your -- a summary of your conclusions regarding what a 9 reasonable royalty would be in this case. 10 Now, if the jury finds that there is no 11 infringement or that the patents are invalid, are there 12 any damages in this case? 13 A. Then there's no damages. The damages amount 14 would be the equivalent of zero or really would be a 15 null value, because the damages wouldn't be an issue. 16 17 Q. this case to arrive at your opinions. 18 19 20 So let's talk about what you considered in What material did you review in order to analyze the value of the patents-in-suit. A. Sure. Quite a bit actually. There are a few 21 boxes around here and binders. 22 office in Houston, I've got probably 15 boxes' worth of 23 documents that have been produced by the parties; 24 deposition transcripts, financial documents, licenses 25 and the like, essentially everything that Mr. Jarosz has I have -- back in my Page 212 1 Honor. 2 THE COURT: 3 MR. AROVAS: Not from the Defendants. 4 THE COURT: Y'all have a good evening. 5 We'll see you in the morning. 6 COURT SECURITY OFFICER: 7 (Court adjourned.) Okay. Defendants? All rise. 8 9 CERTIFICATION 10 11 I HEREBY CERTIFY that the foregoing is a 12 true and correct transcript from the stenographic notes 13 of the proceedings in the above-entitled matter to the 14 best of our abilities. 15 16 17 /s/ Shea Sloan SHEA SLOAN, CSR 18 Official Court Reporter State of Texas No.: 19 Expiration Date: 3081 12/31/14 20 21 /s/ Judith Werlinger 22 JUDITH WERLINGER, CSR Deputy Official Court Reporter 23 State of Texas No.: Expiration Date 24 25 731 12/31/14

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

Why Is My Information Online?