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

Filing 497

REPLY to 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 WI-LAN Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Weaver, David)

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EXHIBIT A 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 Tyler, Texas 1:19 p.m. July 8, 2013 6 ALCATEL-LUCENT USA, INC., ET AL 7 ****************************************************** 8 WI-LAN, INC. ) ) DOCKET NO. 6:13cv252 9 10 -vsHTC 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. 118 1 2 these channels? A. Because these are the same channels that we 3 talked about before. 4 didn't mean to -- we have the CPICH and we have the AICH 5 channels that I talked about previously. 6 7 8 9 Q. There's, for example -- oops. All right. I Now, does the overlay code need to be separate from the orthogonal code? A. No, it doesn't. an additional code. The Court's construction was The Court didn't give us a 10 construction that it was a separate code. 11 an example of what an orthogonal code and what an 12 overlay code would look like. 13 And this is In fact, these are actual overlay -- 14 orthogonal codes 16 bits long, and then this is a 15 256-bit overlay code. 16 fact, the orthogonal code is part of the overlay code. 17 18 19 Q. You can see here that in actual Can you give us, perhaps, a more concrete example of how one code can be part of another code? A. Yes. So one code can be part of another code. 20 There's -- there's a -- one way of thinking about this 21 is this phone number analogy that we talked about 22 before. 23 So if you think about the area code, area code 24 903, that's Tyler and the districts around here. 25 we -- we all understand what that means. Now, It's an area 119 1 code. 2 When you see 903, it stands alone in its own right. 3 But when they're generating the phone numbers, 4 they take that area code and they subdivide it to create 5 the telephone numbers in this area. 6 telephone numbers such as this one here, Stanley's 7 Famous Pit Bar-B-Q. 8 understand that as a longer code that's been subdivided 9 from that area code. 10 11 12 13 And then you have The phone number, 903-563-0331, we And, of course, you can see here that one code does, in fact, contain the other code. Q. Now, you were here when Mr. Arovas gave his opening statement? 14 A. Yes, I was. 15 Q. And you heard him say that the Defendants 16 don't have an overlay code, correct? 17 A. That's what I heard. 18 Q. All right. Yes. So what if for some reason or 19 another the jury agrees that the overlay code needs to 20 be separate from the orthogonal code? 21 A. Well, if the overlay code -- if you think the 22 overlay code has to be separate from the orthogonal 23 code, then there's still infringement under what's 24 called deduction (sic) of equivalents. 25 Q. What do you understand the doctrine of 120 1 2 equivalents to be, Dr. Wells? A. Well, I'm not a patent attorney, but my 3 understanding is that if something is missing and it's 4 still there through equivalence, there is still 5 infringement. 6 Q. 7 8 9 All right. Can you explain why this would be something under the doctrine of equivalents? A. Yes. Because using that 256-bit code, that 256-digit-long code that I just talked about is exactly 10 the same as using a 16-bit code multiplied by another 11 16-bit code. 12 So you can see here -- I'll run through the 13 math just to show that mathematically they are 14 equivalent. 15 Take the 16-bit code in the top left and then 16 take a 16-bit overlay code. 17 and you run through the math as to how it works, you 18 multiply the orthogonal code by every bit within that 19 overlay code. 20 that was on the previous slide. 21 22 23 Q. And then if you go through You end up with the same 256-bit code All right. So the results are the same, but how do we get there? A. Okay. So the results of these two are the 24 same. In fact, they're mathematically identical. The 25 16-bit code -- orthogonal code times the 16-bit overlay 121 1 code gives you that 256-bit code. 2 So what this means is generating, using that 3 256-bit code is equivalent to generating a 16-bit 4 orthogonal code and a 16-bit overlay code. 5 the test is that they have to perform the same function, 6 which they do, which is subdividing that orthogonal 7 channel in the same way by further spreading the data in 8 the orthogonal channel to achieve the same result, which 9 is that subdivided orthogonal channel at 256. 10 11 12 13 14 I understand And I think one of ordinary skill in the art would view these differences as insubstantial. Q. Now, we talked about the codes. What about the actual overlay code generator? A. Okay. So there was the -- that was the -- 15 that was the generator. 16 present to generate those overlay codes and support 17 those channels that I talked about that I showed 18 compliance for Alcatel-Lucent and Ericsson. 19 So the generator has to be So, therefore, I can say that there's evidence 20 or I found evidence that the overlay code generator is 21 required by the HSDPA standard, and both Alcatel-Lucent 22 and Ericsson both meet this element, this overlay code 23 generator elements. 24 Q. All right. What's the next element? 25 A. So the next element is for a second encoder. 122 1 The second encoder has to be selected operable instead 2 of the TDM encoder, to apply the overlay code, et 3 cetera, et cetera. 4 Q. Doctor, let me stop you for just a second. 5 want to go back to the overlay code generator for a 6 moment. 7 A. Yes. 8 Q. I I want to ask you, can you use the same 9 hardware and software for the orthogonal code generator 10 and the overlay code generator, or does it have to be 11 separate? 12 A. You can use the same hardware or software for 13 the overlay code generator and the orthogonal code 14 generator, because the construction here is that they 15 have to be -- something that generates overlay codes and 16 something that generates orthogonal codes. 17 It doesn't say that they have to be different 18 hardware or software. 19 hardware or software that, for example, for generating 20 orthogonal codes, the 16-bit code, the generator could 21 perhaps iterate through once to generate the 16 codes; 22 but then the same piece of hardware or software could 23 then go through a second time, a third time, a fourth 24 time, a fifth time to generate that 256-bit code. 25 So you could have the same Now, in doing that, it's the same hardware or 123 1 software but with something else. 2 something else to instruct it to do that differently. 3 So it may be the same hardware or software, but 4 nevertheless, it still performs the function of an 5 orthogonal code generator and an overlay code generator. 6 Q. Thank you, Doctor. There has to be And I'm sorry to take us 7 back, but can we move on to the next element, the second 8 encoder? 9 A. Okay. 10 Q. Can you summarize this for us, please? 11 A. Yes. 12 bit as well. 13 this highlighted claim element, the whereby. 14 about whereby 'n' data items pertaining to different 15 wireless links may be transmitted simultaneously within 16 the same orthogonal channel. 17 Second encoder. So this one can be simplified a little If you look at the -- the second half of It talks Now, going back to this code division multiple 18 access slide, the orthogonal channels, that's the red 19 line, the green line, and the blue line. 20 saying that you have to send data items within those 21 channels. 22 we talked about before, upper Codes 14 and 15 at the top 23 right-hand side of the screen. 24 and we're sending something within that channel with the 25 overlay code. So this is And that was, remember, the overlay code that We've got that channel, 125 1 2 screen, is this a figure in the HSDPA standard? A. Not exactly like this. So this was a number 3 of building blocks that were in the HSDPA standard. 4 HSDPA standard gives us instructions how to put those 5 together. 6 instructions within the standard. 7 The I've put them together as per the And I think one of ordinary skill in the art 8 would have the ability to do -- to reproduce this 9 picture. 10 11 12 Q. Okay. Can you show us how this figure relates to the second encoder in the claim? A. Yes. So what I've done -- because by creating 13 these two parts, the user data, the high-speed user data 14 could, perhaps, go through this top path; and then the 15 control data that's associated with it could go through 16 this bottom path. 17 So what that meant is through the user data at 18 the top -- you recall I showed you the orthogonal code 19 generator. 20 at the bottom. 21 orthogonal code generator and an overlay code generator. 22 For the control data, there are longer codes I showed previously that there was an And so to apply that control data to the 23 orthogonal code generator and the overlay code 24 generator, there has to be a first encoder and a second 25 encoder to apply that data. 126 1 Q. Now, do the -- does the second encoder have to 2 use different hardware and software than the first 3 encoder? 4 A. No. Again, now this could be the same 5 hardware or software, but, again, it's doing something 6 differently each time, because it's applying -- with the 7 overlay code, it's applying -- the encoder is applying 8 an overlay code that's been generated. 9 When it's a second encoder, it could be the 10 same hardware or software; but it's doing something 11 different, because it's applying, this time, the 256-bit 12 code instead of a 16-bit code. 13 Q. I'm sorry. Go ahead. 14 A. I was just going to say it may be the same 15 hardware or software, but it's doing something 16 different. 17 limitations, the elements of the claim for a first 18 encoder and for a second encoder. 19 Q. And, therefore, it's meeting the And what do the claims tell us about whether 20 we can use the same hardware and software as the first 21 encoder and the second encoder? 22 A. Well, the claims allow that, as long as they 23 perform the function of a first encoder and the function 24 of a second encoder. 25 Q. All right. And is this similar to the point 127 1 2 you made earlier about equivalence? A. Yes. Yes. So I talked about the equivalence 3 earlier, if you think that it was just the one 4 generator. 5 encoder, then there's the equivalent of using these two 6 encoders together, because I showed before, the 7 generating and encoding using a 256-bit code, that long 8 code, is equivalent to generating and encoding using a 9 16-bit orthogonal code and then a 16-bit overlay code. 10 And they perform the same function, So if you think there's just the one 11 subdividing the orthogonal channel in the same way by 12 further spreading the data in the orthogonal channel to 13 achieve the same result, which is the subdivided 14 orthogonal channel with this spreading factor of 256. 15 16 17 And one of ordinary skill in the art would view the difference as insubstantial. Q. All right. Now, Dr. Wells, I believe the 18 claim also said something about selectively operable, 19 didn't it? 20 A. Yes, it did. 21 Q. Can you tell us how the HSDPA standard deals 22 23 with that claim element? A. Yes. It had in there, as well, that it was 24 selectively operable. And we can see that, for example, 25 by going back to this radio timing picture that I put up 128 1 before. 2 You can see that some channels on here, for 3 example the CPICH channel at the top here, you can see 4 that that has the 10-millisecond timing on it. 5 words, there's not TDM techniques applied to that. 6 not divided up in time, or there are other channels like 7 the high-speed data channels that we talked about 8 previously, the HS-SCCH, the HS-PDSCH that have the time 9 division multiplexing applied to them. 10 11 12 13 14 15 16 Q. In other It's And so where does that leave us with the selectively operable under the HSDPA standard? A. So under the HSDPA standard, it means that it's required by the HSDPA standard. Q. What about the Alcatel-Lucent base stations, do they have a second encoder? A. Yes, they do. So this is Alcatel-Lucent 17 document -- Alcatel-Lucent Document PX 43, and this is 18 the system specification for the HSDPA. 19 And, again, this shows the code tree that I 20 introduced previously -- oops. 21 a number of channels, for example, here that have TDM 22 techniques apply to them. 23 channels that send the high-speed data down to your 24 phone. 25 This shows that there's These are the high-speed data And then it says that there's a number of

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