IN THE UNITED STATES DISTRICT COURT
`FOR T{E EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`ERICSSON,
`
`INC., ET AL
`
`—vs—
`
`6
`
`D—LINK CORPORATION, ET AL
`
`)
`
`)
`
`)
`
`DOCKET NO. 6:l0cV473
`
`Tyler, Texas
`9:00 a.m.
`June 5, 2013
`
`TRANSCRIPT OF TRIAL
`MORNING SESSION
`
`REFORE THE {ONORAELE LEONARD DAVIS,
`UNITED STATES C{IEF DISTRICT JUDGE, AND A JURY
`
`A P P E A R A N C E S
`
`FOR THE PLAINTIFFS:
`
`MR. THEODORE STEVENSON, III
`MR. DOJGLAS A. CAWLEY
`MCKOOL SMIT{
`
`300 Crescent Court, Ste. 1500
`Dallas, Texas
`75201
`
`JOHN B. CAMPBELL,
`MR.
`MCKOOL SMITH
`
`JR.
`
`300 W. 6th Street, Suite 1700
`Austin, Texas
`78701
`
`COURT REPORTERS:
`
`JUDITH WERLINGER
`MS.
`MS. SHEA SLOAN
`
`shea_sloan@txed.uscourts.gov
`
`Proceedings taken by Machine Stenotype;
`produced by a Computer.
`
`transcript was
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`BROADCOM 1014
`
`
`FOR T{E EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`ERICSSON,
`
`INC., ET AL
`
`—vs—
`
`6
`
`D—LINK CORPORATION, ET AL
`
`)
`
`)
`
`)
`
`DOCKET NO. 6:l0cV473
`
`Tyler, Texas
`9:00 a.m.
`June 5, 2013
`
`TRANSCRIPT OF TRIAL
`MORNING SESSION
`
`REFORE THE {ONORAELE LEONARD DAVIS,
`UNITED STATES C{IEF DISTRICT JUDGE, AND A JURY
`
`A P P E A R A N C E S
`
`FOR THE PLAINTIFFS:
`
`MR. THEODORE STEVENSON, III
`MR. DOJGLAS A. CAWLEY
`MCKOOL SMIT{
`
`300 Crescent Court, Ste. 1500
`Dallas, Texas
`75201
`
`JOHN B. CAMPBELL,
`MR.
`MCKOOL SMITH
`
`JR.
`
`300 W. 6th Street, Suite 1700
`Austin, Texas
`78701
`
`COURT REPORTERS:
`
`JUDITH WERLINGER
`MS.
`MS. SHEA SLOAN
`
`shea_sloan@txed.uscourts.gov
`
`Proceedings taken by Machine Stenotype;
`produced by a Computer.
`
`transcript was
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`BROADCOM 1014
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`
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`J.
`FOR TH.
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`1
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`DLFLNDANT:
`
`MR. GREGO
`RY S. AROVAS
`KIRKLAND &
`ELLIS, LLP
`601 Lexington Avenue
`New York, New York 10022
`
`MR. LUK
`3 DAJCHOT
`KIRKLAND &
`ELLIS, LLP
`333 S.
`{ope Street
`29th Floor
`Los Angeles, California
`
`90071
`
`ER
`MR. ADAM ALP
`KIRKLAND &
`ELLIS, LLP
`555 California St.
`24th Floor
`
`San Francisco,
`
`California
`
`94104
`
`JONLS
`
`MR. WICHALL «.
`POTTLR
`“ MINTON, PC
`110 N.
`Ste. 500
`College,
`P.O.
`30X 359
`Texas
`
`Tyler,
`
`75710-0359
`
`MR. ROB
`
`ERT A.
`
`VAN NEST
`
`KLKLR & VAN NEST, LLP
`633 Sansome St.
`San Francisco, California 94111
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`P R O C E
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`E D I N G S
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`COURT SECURITY OFFICER: All rise for the
`
`(Jury in.)
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`THE COURT: Please be seated.
`
`Good morning, Ladies and Gentleman of the
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`jury.
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`Jury.
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`JURORS: Good morning.
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`THE COURT: Good to see you this morning.
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`You look bright—eyed again. We'll see what you look
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`like at the end of the day today.
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`Very well. Mr. Stevenson, you may
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`proceed.
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`MR. STEVENSON:
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`Thank you.
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`THE COJRT:
`
`Oh, before you do,
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`do either
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`side have any exhibits they wish to offer today?
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`MS. MOORE:
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`Yes,
`
`Your Honor.
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`At this time, Plaintiffs offer their
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`exhibit list titled Plaintiff's Preadmitted
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`Exhibit List
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`for June 5th, 2013.
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`THE COURT: All right.
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`They will be
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`marked as Plaintiff's Exhibit List No. 3.
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`Do Defendants have any objections to the
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`exhibits listed thereon?
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`MR. Dt
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`VRIES: We do not,
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`Your Honor.
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`
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`THE COURT: All right.
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`They are
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`All right.
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`Do Defendants
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`have a similar
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`MR. DE VRIES: We do,
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`Your Honor.
`
`Thank
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`admitted.
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`list?
`
`you .
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`At this time,
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`Defendants offer
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`Defendants’
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`List of Preadmitted Exhibits
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`for June 5th,
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`2013.
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`THE COURT: All right.
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`Is there any
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`objection to those?
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`MS. MOORE: No, Your Honor.
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`THE COURT:
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`Those will be marked as
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`Defendant's Exhibit List No. 3, and they are admitted.
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`All right, Mr. Stevenson.
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`You may
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`proceed.
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`MR. STEVENSON:
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`Thank you, Your Honor.
`
`SCOTT NETTLES, Ph.D., PLAINTIFFS' WITNESS,
`
`PREVIOUSLY SWORN
`
`DIRECT EXAMINATION (CONTINUED)
`
`BY MR. STEVENSON:
`
`Q.
`
`A.
`
`Q.
`
`Dr. Nettles, are you ready?
`
`Yes, sir,
`
`I am.
`
`All right.
`
`I'd like to get into the claims
`
`today, but before we embark upon that,
`
`I thought it
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`might be a little bit helpful to maybe spend a few
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`minutes with a refresher of what we heard last night
`
`before we left.
`
`A.
`
`Q.
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`A.
`
`Q.
`
`again.
`
`A.
`
`Q.
`
`A.
`
`Sounds good to me.
`
`So this is our diagram of the network.
`
`Yes, sir.
`
`And the base station is what? Remind us
`
`That's your router in your home in 802.11.
`
`And in 802.11,
`
`these terminals were what?
`
`They would be laptops or desktops or tablets
`
`or all sorts of devices that would connect wirelessly.
`
`Q.
`
`And remind us about what these blue dashed
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`lines are that we saw yesterday, please.
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`A.
`
`Thc bluc dashcd lincs arc rcally rectangular
`
`boxes that carry the data that the user's actually
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`interested in.
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`Q.
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`Are these the things we will be talking about
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`that are packets?
`
`A.
`
`Q.
`
`Yes, sir,
`
`they're packets.
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`And are they carried on the radio waves along
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`the wireless network?
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`A.
`
`Q.
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`Exactly.
`
`If people have their laptops on in this room
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`right now with 802.11, are there packets flying around
`
`
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`in the air?
`
`A.
`
`Q.
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`Yes, sir,
`
`there are.
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`And what do the packets carry?
`
`A. Well,
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`they carry —— the blue ones carry user
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`data, along with a bunch of fields with other
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`information.
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`Q.
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`And these packets would be where, if you were
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`sending the picture to somebody, pieces of that picture
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`might be torn up and put inside to be sent across the
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`network?
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`A.
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`Q.
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`Yes, sir, that's exactly correct.
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`And are the inventions we're going to be
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`talking about
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`today dealing with the way packets are
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`created and dealt with by the transmitters and
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`receivers?
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`A.
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`Q.
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`Yes, sir,
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`they are.
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`And do all the members of the network have to
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`understand, have a common agreement, on what the form of
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`the packets are going to be?
`
`A.
`
`Q.
`
`Yes,
`
`sir.
`
`That's an aspect of the standard.
`
`Yesterday we looked into some packets,
`
`I think
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`we zoomed in on a packet, and we saw some compartments.
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`Remind us the word you used to describe what
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`those compartments are.
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`A.
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`I used the word field, but I'll probably use
`
`
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`that word and the word compartment today.
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`Q.
`
`Okay. And are those compartments important
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`in
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`a packet network such as this?
`
`A.
`
`Oh, yes,
`
`sir.
`
`They're —— they're very
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`important. Exactly how big they are, exactly where they
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`are,
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`exactly what their constants are,
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`that's a lot of
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`what the standard is about.
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`Q.
`
`And, again, does every member of the network
`
`need to agree on where the compartments are in the
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`packets and what
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`they do?
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`A.
`
`Yes, sir. Otherwise,
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`they won't be able to
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`Q.
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`And I think we'll be dealing with some
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`inventions that talk about those fields or compartments,
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`right?
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`A.
`
`Q.
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`patent.
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`Yes, sir, we will.
`
`Okay. Well, let's move on now to the '215
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`MR. ST«V«NSON: And I believe this is at
`
`Tab 6 in the jury notebook as Plaintiffs’
`
`Exhibit 10.
`
`Q.
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`(By Mr. Stevenson) When was this patent filed
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`for?
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`A.
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`Q.
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`This patent was filed on April 9th, 1999.
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`How can you tell that?
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`A. Well, what we are seeing here is the front of
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`
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`the packet —— of the patent.
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`It's easy to get them
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`mixed up.
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`The front of the patent. And we —— there's
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`some blowouts here that have some specific information.
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`So the first blowout says: Provisional
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`application filed on April 9, 1999.
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`Q.
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`And dates are important when it comes to
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`patents, right?
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`A.
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`Q.
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`A.
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`Q.
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`Very important, yes, sir.
`
`The date the patent issued was?
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`August the 3rd, 2004.
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`And can you explain to us,
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`just in a nutshell,
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`how we ought to think about this patent, and then we're
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`going to obviously unpack that and talk about it in
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`detail, but give us a headline for the patent.
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`A. Well, if you'll remember,
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`we talked a little
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`bit about block acknowledgements. That's the way that
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`the receiver is going to tell the transmitter what
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`information was successfully received and what
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`information was not successfully received.
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`And this patent concerns providing flexibility
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`in the standard to have different kinds of responses and
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`specifically with a type identifier field, which is
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`going to help provide that flexibility.
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`Q.
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`Okay. What were the inventors working on when
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`they came up with this invention?
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`A.
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`Q.
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`They were working on 3G cellular standards.
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`That's the 3G cellular standards that would be
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`in one of these phones?
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`A.
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`Q.
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`Yes, sir.
`
`Why would an invention for a 3G cellular
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`standard be also applicable to Wi—Fi or 802.11n?
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`A. Well,
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`these are all wireless networks,
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`and
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`especially when they're sending data,
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`they work in very
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`similar ways, and in particular, both 3G networks and
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`802.11 have these protocols that involve these
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`acknowledgements. They're call ARQ protocols.
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`Q.
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`Do both cellular and 802.11 networks use
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`data —— excuse me —— use ARQ protocols?
`
`A.
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`Yes, sir,
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`they both do.
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`Q. What does that stand for, ARQ?
`
`A.
`
`Q.
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`That stands for automatic repeat request.
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`Okay. And could you tell us what that means
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`in lay terminology?
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`A. Well, it's really the protocol we've already
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`been talking about.
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`It's a protocol whereby,
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`in our
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`specific case,
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`the transmitter is going to send a
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`request to the receiver to tell it what it received, and
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`the receiver's going to respond, and then the
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`transmitter is going to, again,
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`in our case, optionally
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`retransmit.
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`And that whole process of sending and
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`acknowledgement and the retransmitting and then maybe
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`sending another acknowledgement, that's what an ARQ
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`protocol is.
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`Q.
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`Okay.
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`And so cellular phones, as well as home
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`Wi—Fi, do those things?
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`A.
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`Q.
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`A.
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`Q.
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`A.
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`Q.
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`Yes, sir,
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`they do.
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`Do both use packets?
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`Yes, sir,
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`they do.
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`And do both have acknowledgements of packets?
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`Yes, sir. That's part of the ARQ protocol.
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`Do both cellular networks and Wi—Fi have to
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`deal with dropped packets and that sort of thing?
`
`A.
`
`Q.
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`Yes, sir.
`
`Again,
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`they're both wireless,
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`S0...
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`And my phone can be on the cellular system,
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`right,
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`to make cellular calls, but, simultaneously,
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`A.
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`Q.
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`Yes, sir, that's correct.
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`Are those using,
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`like, you know, kind of
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`different networks?
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`A.
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`Q.
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`A.
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`Q.
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`They're using different networks, yes, sir.
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`At the same time?
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`At the same time.
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`Okay.
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`So you told us that this patent deals
`
`with that response that we saw on the animation
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`yesterday, which is when the base station says, did you
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`get all my packets, and then the terminal says, yeah,
`
`I
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`got 1, 2, 4, 9, dropped 3 and 6?
`
`A.
`
`Q.
`
`Yes, sir, that's correct.
`
`Okay. And so are we —— is this patent dealing
`
`with that response back to the base station?
`
`A.
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`Yes, sir, exactly.
`
`Q. What triggers this response that we're talking
`
`about?
`
`A.
`
`In this case,
`
`there's a request.
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`So the
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`response is called a block acknowledgement, and the
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`request is called a block acknowledgement request.
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`Q.
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`Okay. And does this patent deal with the
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`format of the response of that acknowledgement?
`
`A.
`
`Q.
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`Yes, sir, it does.
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`And why is the response format
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`important?
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`A. Well, we'd like to have a number of possible
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`different formats as part of the standard so that we can
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`have flexibility in the system.
`
`Q.
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`When can a transmitter send this
`
`acknowlcdgcmcnt
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`cxcusc mc
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`scnd a request?
`
`A. Well,
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`typically,
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`it's sent after it's sent a
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`group of packets that it wants to know whether or not
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`they've been received or not.
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`Q.
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`Now, explain to me, please —— you mentioned
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`this invention gives flexibility.
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`How does it do that?
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`A. Well, it allows the protocol to define a
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`number of different possible responses and for the
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`receiver to indicate which of those possible responses
`
`it's actually using in the block acknowledgement.
`
`Q.
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`A.
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`Why not just have one?
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`Because really if we had one, we'd be saying
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`that one size fits all; and one size,
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`in this case,
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`doesn't fit all.
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`Q.
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`Is there in the patent an indication of
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`different types of message formats and how the packets
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`indicate which one is being used?
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`A.
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`Oh, yes, sir,
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`that's —— since that's the
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`primary point of the invention, that's very clearly
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`described in the patent.
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`Q.
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`A.
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`And what is that called in the patent?
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`That's callcd thc typc idcntificr.
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`Q. What does the type —— well, what is the type
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`identifier?
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`Is that one of the compartments that's in
`
`the packet going back?
`
`A.
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`Q.
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`Yes, sir, exactly.
`
`And we're talking here about the red packets
`
`rather than the orange ones?
`
`A.
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`Yes, sir.
`
`The red packets,
`
`they're going from
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`the receiver to the transmitter.
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`Q.
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`And do those have compartments in them as
`
`well?
`
`A.
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`Q.
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`Yes, sir, all packets do.
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`So is this type identifier field located in a
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`compartment
`
`in one of those red packets?
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`A.
`
`Q.
`
`Exactly.
`
`Do you have a slide that shows visually for us
`
`how the type identifier would work?
`
`A.
`
`Q.
`
`A.
`
`Q.
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`Yes, sir,
`
`I do.
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`I think it's the next slide.
`
`Okay.
`
`Do you want to go to that?
`
`Yes, sir.
`
`All right. Let's orient everyone to what
`
`we're seeing.
`
`A.
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`So here we see the base station on the left
`
`and the terminal on the right.
`
`Q. What we're seeing on your slide is sort of a
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`A.
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`And the base station in this case is going to
`
`act as the transmitter, and the terminal is going to act
`
`20
`
`as the receiver.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q.
`
`A.
`
`That's what the blue arrows indicate?
`
`Yes, sir. And wc'll scc somc packcts gctting
`
`sent as the animation proceeds.
`
`MR. STfiVfiNSON:
`
`Stop that there.
`
`Q.
`
`(By Mr. Stevenson) Are we basically now seeing
`
`
`
`14
`
`these blue packets sent across?
`
`A.
`
`Q.
`
`That's exactly correct.
`
`And what happens next?
`
`A. Wcll, ncxt thc rcccivcr is going to send back
`
`a block acknowledgement. That's this orange packet that
`
`we see.
`
`Q.
`
`And is this one of those control packets or
`
`those red packets?
`
`10
`
`A.
`
`Q.
`
`Yes, sir, it is.
`
`And does this one correspond to that message
`
`11
`
`we talked about earlier?
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Yes, sir. This is the block acknowledgement
`
`message.
`
`Q.
`
`Is this thc onc whcrc thc
`
`thc tcrminal is
`
`saying, here's the packets I got from you, and here's
`
`the packets I didn't get?
`
`A.
`
`Q.
`
`Exactly.
`
`And —— and I'm going to forward —— I'm going
`
`to jump into the future a little bit here with the
`
`patents, but how is the transmitter going to use that
`
`information later on down the line on which packets got
`
`lost and which packets didn't get lost?
`
`A. Well, obviously, if a packet was successfully
`
`received,
`
`there's no reason to retransmit it,
`
`so it's
`
`going to look at the ones that weren't successfully
`
`
`
`15
`
`received, and then later on, it's going to make a
`
`decision about whether or not to retransmit those
`
`packets or not.
`
`Q.
`
`Okay. But that's in the future. Let's deal
`
`with now what we're talking about
`
`in the present.
`
`Can we zoom in to that message and see it in a
`
`little more detail and look at the compartments?
`
`A.
`
`Yes, sir, we can.
`
`MR. ST«V«NSON: Would you zoom in to it?
`
`Q.
`
`(By Mr. Stevenson) What's the dark orange and
`
`the light orange?
`
`A.
`
`The dark orange is this type identifier field.
`
`It's the thing that's going to tell us what the rest of
`
`the packet means.
`
`And the light orange is called a bitmap.
`
`It's
`
`a list of yeses and noes that explain which packets have
`
`been received and which packets haven't been received.
`
`Q.
`
`So, for instance,
`
`the 1s and 0s that we see
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`there --
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`MR. ST«V«NSON: And, Mr. Diaz, would you
`
`go back to the slide, please.
`
`Thank you.
`
`Q.
`
`(By Mr. Stevenson) The 1s and 0s we're seeing
`
`there, 10, 11, 10,
`
`is that a code to indicate which
`
`packets have gotten through and which ones haven't?
`
`A.
`
`It's really a list of yeses and noes.
`
`So it
`
`
`
`16
`
`says the first packet was received;
`
`the second packet
`
`wasn't, et cetera.
`
`Q.
`
`A.
`
`Q.
`
`1 is a yes, and 0 is a no?
`
`In this case, yes, sir.
`
`Okay.
`
`Now,
`
`thcrc's a
`
`thc
`
`thc front
`
`field that's darker orange is identified as type
`
`identifier. What's that?
`
`A. Well, that's the —— that's the field that lets
`
`us know what the format of the second field is.
`
`So what
`
`10
`
`does it —— what does the second field mean? We have to
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`look at the type identifier.
`
`Q.
`
`A.
`
`Q.
`
`When you say it lets us know --
`
`Sorry.
`
`It lets the transmitter know.
`
`Okay.
`
`So the terminal is sending this group
`
`of 1s and 0s to the base station in the light yellow?
`
`A.
`
`Q.
`
`Right.
`
`And those are going to basically be the list
`
`or correspond to the —— which packets have been received
`
`19
`
`and which haven't?
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Exactly.
`
`And so what —— what is the type identifier
`
`doing to help out
`
`in that process?
`
`A. Well, it's telling us basically the format of
`
`that list and what kind of exactly —— exact
`
`information
`
`that list is carrying.
`
`
`
`17
`
`Q.
`
`Okay. And does this type identifier key into
`
`another table --
`
`A.
`
`Q.
`
`A.
`
`Yes, sir.
`
`—— that we saw a second ago?
`
`There's a table that says what the
`
`diffcrcnt
`
`so wc scc 10 hcrc, but, obviously,
`
`there
`
`are four different values. And this is the table.
`
`Q.
`
`Okay. Explain to us why 10 is four different
`
`values.
`
`A. Well, it's —— 10 is one Value, but there's two
`
`bits there, and so that field can have the Value 00, 01,
`
`10, or 11.
`
`Q.
`
`Okay.
`
`You can't have any 2s or 3s or 4s in
`
`10
`
`11
`
`12
`
`13
`
`14
`
`there?
`
`15
`
`16
`
`17
`
`18
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`19
`
`1s and 0s?
`
`No, sir.
`
`Its all --
`
`It's all 1s and 0s.
`
`Is that how networks like this talk,
`
`just all
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Yes, sir. That's how digital computers work.
`
`Okay. Okay.
`
`So if you have two spots for
`
`numbers, and they have to either be 1 or 0,
`
`that gives
`
`you four variations, basically, right?
`
`A.
`
`Q.
`
`Exactly four, yes, sir.
`
`00, 01, 10, and 11.
`
`
`
`18
`
`A.
`
`Q.
`
`Exactly.
`
`So this type of identifier field now, we look
`
`below it, and does that match up to a table that gives
`
`you what the identifiers would —— would correspond to?
`
`A.
`
`Q.
`
`That's exactly what this table is.
`
`So explain to us how the base station in this
`
`example would use that table to figure out the message
`
`type for the rest of the packet.
`
`A.
`
`For example,
`
`in this example,
`
`the type
`
`identifier is 10,
`
`so the receiver,
`
`the base station in
`
`this case, would take the 10 and would look in the table
`
`10
`
`11
`
`12
`
`and would see that it means that the rest of the
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`information is a bitmap. And that's what we call this
`
`content field,
`
`is a bitmap,
`
`this list of 1s and 0s.
`
`Q.
`
`So this is sort of matching up a number in a
`
`table and then going over and seeing what it is?
`
`A.
`
`Q.
`
`That's correct.
`
`All right. And there are other choices there,
`
`19
`
`aren't there? No more list ACK?
`
`20
`
`21
`
`22
`
`23
`
`A.
`
`Yes, sir.
`
`Q. What do those mean?
`
`A. Well, no more is a way of indicating that
`
`there's going to be no more indications of what things
`
`24
`
`have been received or not received.
`
`25
`
`A list means that there's going to be a list,
`
`
`
`19
`
`so a list might actually say 1, 4, 7,
`
`instead of using a
`
`bitmap.
`
`And then an ACK would just be a plain ACK
`
`that you would typically use if there was only one
`
`packet that you were trying to acknowledge.
`
`Q.
`
`Okay. Let's say the rules of the system were
`
`such that we were just going to send a bitmap all the
`
`time.
`
`A.
`
`Q.
`
`Yes, sir.
`
`Never had in the rules a list or an ACK or
`
`anything else?
`
`A.
`
`Right.
`
`Q. Would you need a type identifier?
`
`A.
`
`Q.
`
`No, sir, you wouldn't.
`
`You could just send a bitmap over, and
`
`everyone would know how to decode it?
`
`A.
`
`That's right. And,
`
`in fact, you wouldn't want
`
`to use a type identifier because it would take up space
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`in that case.
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q. What's wrong with taking up space?
`
`A. Well, it's overhead.
`
`It's something that you
`
`have to pay for sending.
`
`Q.
`
`Okay.
`
`Now, I'd like to take this animation
`
`you did and relate it back to the patent we're looking
`
`at so we can tie it into what's in the patent.
`
`
`
`20
`
`A.
`
`Q.
`
`Okay.
`
`Is this table that you've shown us,
`
`in the
`
`patent somewhere?
`
`A.
`
`Q.
`
`A.
`
`Yes, sir, exactly this table.
`
`And is that in the '215 patent?
`
`Yes, sir.
`
`So here we see the table.
`
`MR. STfiVfiNSON: And I'll invite everyone
`
`in their patents to turn to Column 9.
`
`10
`
`11
`
`12
`
`A.
`
`And in the background, we can see the actual
`
`patent, and it's by columns. And this part of the
`
`patent is called a written description, and it's where
`
`13
`
`the inventors describe how to make or use —— how to make
`
`14
`
`their invention.
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`Q.
`
`(By Mr. Stevenson) Wait
`
`a second and let
`
`everybody get there.
`
`All right. Where do —— and we see this table
`
`that was in your animation at the top of Column 9?
`
`A.
`
`Yes, sir.
`
`It's exactly the same table.
`
`MR. STfiVfiNSON: And, Mr. Diaz, could you
`
`pull up this patent, PX 10, on our exhibit display?
`
`Q.
`
`(By Mr. Stevenson)
`
`I notice something in the
`
`next column, which is Column 10, I'd like to get you to
`
`24
`
`look at.
`
`25
`
`A.
`
`Okay.
`
`
`
`21
`
`Q.
`
`And that's at Column 10, Line 10.
`
`I think the
`
`way the Court told us, you can look at the top line of
`
`the column and then go down on the left to the small
`
`numbers.
`
`Column 10, Line 10.
`
`A.
`
`Yes, sir. That's how it works.
`
`Q. What does —— what does this say? Could you
`
`read it to us, please?
`
`A.
`
`This says: Although embodiments of the method
`
`and apparatus of the present invention have been
`
`illustrated in the accompanying drawings and described
`
`in the foregoing detailed description, it will be
`
`10
`
`11
`
`12
`
`understand —— understood that the invention is not
`
`13
`
`14
`
`15
`
`16
`
`limited to the embodiments disclosed but is capable of
`
`numerous rearrangements, modifications, and
`
`substitutions without departing from the spirit of the
`
`invention as set forth and defined by the following
`
`17
`
`claims.
`
`18
`
`19
`
`20
`
`21
`
`Q.
`
`All right. What does that mean to you?
`
`A. Well, it's explaining that, although they've
`
`given a specific description of how to build the
`
`invention,
`
`there could be lots of other different ways
`
`22
`
`to build the invention that would still meet the claims
`
`23
`
`24
`
`25
`
`and would be part of the claimed invention.
`
`Q.
`
`All right.
`
`So the Court instructed us that
`
`that you can consider the patent in a couple of
`
`
`
`22
`
`different sections.
`
`A.
`
`Q.
`
`Yes, sir.
`
`One part is the claims, which start right
`
`there in Column 10, right under that paragraph you just
`
`read.
`
`A.
`
`Yes, sir.
`
`Q. What do you understand the claims to be?
`
`A. Well,
`
`the claims are what really define the
`
`invention.
`
`In fact, actually, each individual claim is
`
`10
`
`its own invention.
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`Q.
`
`Okay.
`
`So the claims are a legal description
`
`of the invention for purposes of figuring out if there's
`
`infringement?
`
`A.
`
`Q.
`
`Exactly.
`
`And everything before the claims,
`
`the
`
`tables —— and if you flip back,
`
`there's a lot of them --
`
`and figures and a lot of diagrams. What are the --
`
`what's the purpose of those in a patent?
`
`A. Well,
`
`they're so that —— one of the
`
`requirements of a patent is that you have to actually be
`
`able to —— somebody has to bc ablc to rcad thc patcnt
`
`and build the thing that's been invented or use the
`
`23
`
`method.
`
`24
`
`25
`
`And so the purpose of the previous is really
`
`to explain to someone who,
`
`in this case,
`
`is a computer
`
`
`
`23
`
`programmer, a networking person, how to build this
`
`invention in a specific context.
`
`Q.
`
`Okay. Did this invention get carried over
`
`into 802.11n, years later?
`
`A.
`
`Q.
`
`Oh, yes, sir.
`
`Let's look at the claim now. And we'll be
`
`looking at two claims from this patent, Claim 1 and
`
`Claim 2.
`
`How did you go about determining if the claim
`
`was infringed?
`
`A.
`
`I looked at each one of the limitations --
`
`that's each one of the things that are set aside with a
`
`box beside it —— and I looked in the products, and I
`
`asked: Does the product do the thing that's in the
`
`limitation?
`
`So can I find this action in the product?
`
`Q.
`
`And so the question is, if all the boxes check
`
`off,
`
`the claim is infringed?
`
`A.
`
`Q.
`
`That's exactly the question.
`
`Now, as part of doing the analysis, does it
`
`matter if the patent owner attended the standard meeting
`
`for the standard that was being accused?
`
`A.
`
`No, sir.
`
`It only matters if the claim
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`limitations are met.
`
`24
`
`25
`
`Q.
`
`Okay. Does it matter if the alleged infringer
`
`attended the standard—setting meeting?
`
`
`
`24
`
`A.
`
`No, sir.
`
`It only matters if the limitations
`
`are met.
`
`Q.
`
`Does it matter if anybody wrote up a paper and
`
`contributed it to the standard for Voting to see if it
`
`got
`
`in as to whether that claim is infringed?
`
`A.
`
`No,
`
`sir.
`
`It really only matters if the
`
`individual limitations are all met.
`
`Q.
`
`Who have you found in your work infringes
`
`Claim 1?
`
`10
`
`11
`
`12
`
`A.
`
`The router Defendants,
`
`the computer
`
`Defendants, and Intel.
`
`Q.
`
`Let's talk about this claim a little bit now
`
`13
`
`in more detail.
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Is a method for minimizing feedback responses
`
`in an ARQ protocol.
`
`A.
`
`Q.
`
`Yes,
`
`sir.
`
`And, again, ARQ protocol is something that's
`
`not just in cellular; it's also in Wi—Fi?
`
`A.
`
`Q.
`
`Yes, sir.
`
`And this is a method claim. Explain what a
`
`method claim is, please, as you understand it.
`
`A.
`
`In —— for method claims to infringe, you have
`
`to do the method.
`
`So a method claim is like a recipe.
`
`It's a set of steps. And so to infringe, you have to do
`
`each one of the individual steps.
`
`
`
`25
`
`Q.
`
`A.
`
`Q.
`
`And wc scc thcsc thrcc stcps hcrc?
`
`That's right.
`
`So we should go through each three of the
`
`steps and see if those are met
`
`in the standard in the
`
`product.
`
`A.
`
`Q.
`
`That's right.
`
`Who have you found —— well,
`
`let me ask this:
`
`Does the programming that the Defendants put
`
`in their
`
`products perform this method automatically without user
`
`10
`
`intervention?
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`A.
`
`Q.
`
`Yes, sir, it does.
`
`And in addition to the Defendants, who else
`
`performs the method that you found?
`
`A.
`
`The users of the devices the Defendants sell.
`
`Q. Who's responsible for that?
`
`A.
`
`Q.
`
`A.
`
`The Defendants.
`
`Why is that?
`
`The Defendants induce the users to practice
`
`this method by basically selling something that does the
`
`method and encouraging them to use it.
`
`Q.
`
`And have you seen evidence that the Defendants
`
`22
`
`intend that their devices be used for 802.11n?
`
`23
`
`24
`
`25
`
`A.
`
`Yes, sir. That —— that's —— that's the whole
`
`reason for selling them.
`
`Q.
`
`And when 802.11n devices connect, do they
`
`
`
`26
`
`connect at the highest speed they can, as in 802.11n?
`
`A.
`
`Q.
`
`Yes, sir,
`
`they do.
`
`Let's look at the first two steps here. Let's
`
`take them together.
`
`The first is sending a plurality of
`
`first data units over a communication link. And the
`
`next is receiving said plurality of data units.
`
`A.
`
`Yes, sir.
`
`Q. What devices perform these steps on the
`
`network?
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`A.
`
`The transmitter will send the plurality of
`
`data units. That's really saying that the transmitter
`
`sends packets, and the receiver will receive those
`
`packets.
`
`Q.
`
`And —— and, again, as a reminder, although in
`
`one of these networks you have a router and either
`
`laptops or other devices, all of them are capable of
`
`transmitting and receiving, right?
`
`A.
`
`Oh, yes,
`
`sir,
`
`and all of them actually do
`
`transmit and receive in the normal process of using the
`
`20
`
`network.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q. What are the data units that are referred to
`
`here,
`
`the first data units?
`
`A.
`
`Q.
`
`A.
`
`Thosc arc thc packcts wc'vc bccn looking at.
`
`The blue packets?
`
`Yes, sir.
`
`
`
`27
`
`Q.
`
`A.
`
`And are a plurality sent?
`
`Yes, sir.
`
`It wouldn't be a very useful
`
`network if you only sent one packet.
`
`Q.
`
`And would they be received after being sent at
`
`least --
`
`A.
`
`Q.
`
`Not always, but usually, yes, sir.
`
`Have you found these two elements met by the
`
`Defendants with regard to their accused products?
`
`A.
`
`Q.
`
`I have.
`
`I'm going to check those off as we go.
`
`Let's go to the next element.
`
`It says: Responsive to
`
`the receiving step, constructing a message field for a
`
`second data unit, said message field,
`
`including a type
`
`identifier field and at least one of a sequence number,
`
`field length, field, and content field.
`
`A.
`
`Q.
`
`Yes, sir.
`
`Let's parse this out.
`
`This step has to be done responsive to the
`
`receiving step?
`
`A.
`
`Q.
`
`That's right.
`
`And have you found that is true in the
`
`Defendants’ products?
`
`A.
`
`Q.
`
`Yes, sir,
`
`I have.
`
`Then it has to construct a message field for a
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`second data unit?
`
`
`
`28
`
`A.
`
`Q.
`
`Yes, sir.
`
`Now, let's stop there.
`
`What's the second data unit?
`
`A.
`
`The second data unit in this particular case
`
`is going to be the block acknowledgement that the
`
`receiver is going to send.
`
`Q.
`
`A.
`
`And what does a block acknowledgement do?
`
`It acknowledges a group of packets and which
`
`ones have been received and which ones haven't.
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`Q.
`
`Okay. And has the Court given us a
`
`construction for this particular term?
`
`A.
`
`Q.
`
`Yes,
`
`sir,
`
`it has.
`
`And is that construction contained in the jury
`
`notebook at Tab 1, as well as on the screen here?
`
`A.
`
`Q.
`
`Yes, sir.
`
`And I think we made —— it says definition
`
`here. We may use construction and definition
`
`interchangeably. Would you read the Court's
`
`19
`
`construction or definition to us?
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Responsive to the receiving step, generating a
`
`message field,
`
`including a field that identifies the
`
`message type of the feedback response message from a
`
`number of different message types.
`
`Q.
`
`A.
`
`Okay. Did you apply that in your work here?
`
`Yes, sir.
`
`I'm required to.
`
`
`
`29
`
`Q.
`
`Now, you called this a block acknowledgement,
`
`the --
`
`A.
`
`Q.
`
`Yes, sir.
`
`—— second data unit. What does a block
`
`acknowledgement do within the standard in the products?
`
`A. Well, it's a way of acknowledging more than
`
`one packet at a time.
`
`Q.
`
`Okay. This is the message in the tutorial you
`
`gave us about I received 1, 2, 5, and 9 and missed 3 and
`
`10
`
`6?
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`A.
`
`Q.
`
`Exactly.
`
`Does the standard have rules about when
`
`receivers send block acknowledgements?
`
`A.
`
`Q.
`
`Yes, sir, it does.
`
`And when is that?
`
`A. Well, when —— when it's —— the receiver is
`
`asked to send them, because it's gotten a block
`
`acknowledgement request.
`
`Q.
`
`Okay. Does the receiver have to follow the
`
`20
`
`rules?
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`Yes, sir, it does.
`
`How many different types of block
`
`acknowledgement requests are there?
`
`A.
`
`There are two types of block acknowledgement
`
`requests.
`
`
`
`30
`
`Q.
`
`A.
`
`Q.
`
`Okay. What are those called?
`
`We call them explicit and implicit.
`
`Does the standard dcfinc thc typc of rcsponsc
`
`message that can be sent?
`
`A.
`
`Q.
`
`Yes, sir, it does.
`
`It defines a set of types.
`
`Okay.
`
`MR. ST«V«NSON:
`
`Can we go to the next
`
`slide, please?
`
`Q.
`
`(By Mr. Stevenson) All right.
`
`Is this a
`
`10
`
`copy, or at least a slide that has the first page of the
`
`11
`
`standard?
`
`12
`
`13
`
`14
`
`15
`
`16
`
`A.
`
`Yes, sir. This is the amendment from 2009
`
`that basically set up 802.11n.
`
`Q.
`
`A.
`
`Q.
`
`Is this Plaintiffs’ Exhibit 286?
`
`Yes, sir, it is.
`
`And can we go into this and see which —— where
`
`17
`
`those definitions are?
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`A.
`
`Q.
`
`We can.
`
`Okay. We had something pop up,
`
`and we're
`
`going to be seeing a lot of this in the slides.
`
`I want
`
`to make sure that we're all understanding what we're
`
`seeing.
`
`And have you got a copy of your standard in
`
`front of you?
`
`A.
`
`I do.
`
`
`
`31
`
`Q.
`
`Okay. And it may help you to look at that,
`
`2
`
`whichever is better for you.
`
`What are we seeing sort of pulled up on this
`
`slide as a call—out
`
`in front of the cover page of the
`
`standard?
`
`A. Well, that's a figure that appears on Page 30
`
`of the actual standard.
`
`Q.
`
`Is this something you made up as an animation,
`
`or is this actually a —— a picture of the document?
`
`10
`
`A.
`
`This is —— this is a Xerox copy of the —— of
`
`11
`
`the document.
`
`12
`
`13
`
`Q.
`
`All right. And so this long rectangle with
`
`compartments is what —— can you relate it back to us on
`
`14
`
`what we're —— what would be here?
`
`15
`
`16
`
`17
`
`18
`
`19
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`
`It's the second data unit.
`
`The second data unit?
`
`Yes, sir.
`
`And it would be one of these orange squares?
`
`Yes, sir, one that's going from the receiver
`
`20
`
`to the transmitter.
`
`21
`
`22
`
`23
`
`24
`
`25
`
`Q.
`
`So what wc'vc donc is wc'vc
`
`wc'vc zoomcd in
`
`on the orange square now to look deep inside it, and
`
`this is —— this isn't an animation. This is really
`
`what's in the standard as to the compartments in that
`
`orange square?
`
`
`
`32
`
`A.
`
`Yes, sir. And this is really what's going to
`
`be transmitted over the radio waves eventually, as well.
`
`Q.
`
`So we're going to look into the orange square.
`
`What are we looking for to see if there's
`
`infringement?
`
`A. We're looking for this type identifier field.
`
`Q.
`
`Okay. Will you show us —— can we zoom in on
`
`this —— on the standard and see where you found the type
`
`identifier field?
`
`10
`
`11
`
`12
`
`A.
`
`Yes, sir.
`
`If you'll —— if you'll notice, one
`
`of the compartments right in the middle is called 3A
`
`control, and that's going to be where the type
`
`13
`
`identifier field is.
`
`14
`
`15
`
`16
`
`17
`
`Q.
`
`Okay.
`
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